E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 107 CONGRESS, SECOND SESSION

Vol. 148 WASHINGTON, THURSDAY, SEPTEMBER 5, 2002 No. 111 House of Representatives The House met at 10 a.m. WELCOME TO THE REVEREND and makeup articulating what their vi- The Reverend Jeff C. Hudson, Senior JEFF C. HUDSON sion is for homeland security. Well, Pastor, Fredericktowne Baptist (Mr. BARTLETT of Maryland asked there happens to be a bill authored by Church, Frederick, Maryland, offered and was given permission to address our President, passed by this House, the following prayer: the House for 1 minute.) that languishes over on the other side Our God, we acknowledge that there Mr. BARTLETT of Maryland. Mr. of this building. I urge my colleagues is none like You. You alone are all- Speaker, I want to acknowledge and and I urge all of those paying atten- powerful. You alone are all-knowing. thank my constituent, Pastor Jeff tion, as we come upon the September You alone are present everywhere at Hudson of the Fredericktowne Baptist 11 anniversary where 3,000-plus lives the same time. You alone are God. Church in Walkersville, Maryland, for were lost in our country, that we focus As we approach the remembrance of offering today’s opening prayer. our energies and our resolve on pro- the tragedy of 9–11, we are reminded of A graduate of the Washington Bible tecting our homeland. all that You have done for us as a Na- College and Capital Bible Seminary, The President has a prescription to tion this past year. You have caused us Reverend Hudson is the senior pastor make America safe, and I urge the to turn to You in a time of crisis. You at Fredericktowne Baptist Church. He other Chamber to act upon that vision. have brought us to our knees and we has served for more than 20 years. He We cannot do this alone. The House has have cried out to You. You have re- and his wife Brenda have 2 teenage tried. Fifty-five-plus bills remain minded us of our Heritage that we are sons, Joshua and Nathan. stalled over on the desk of the major- one Nation under God. Pastor Hudson’s invocation of God’s ity leader of the United States Senate, May that truth guide the Members of presence in our lives continues an un- and I ask and I implore someone who is the House today as they lead our Na- broken tradition of an Opening Prayer listening to my voice to urge action, to tion, and may they acknowledge that for the Congress. At age 81, and at a urge debate, to urge passage of this You are the sovereign Lord of our Na- moment of deadlock during the Con- vital legislation to protect this coun- tion. Grant them wisdom to know what stitutional Convention, Benjamin try and give the President the tools they must do. Grant them courage to Franklin said, ‘‘I have lived, sir, a long and the powers he needs. do what is right. May You be honored time. And the longer I live, the more f in this place today. Amen. convincing proofs I see of this truth, ANNOUNCEMENT BY THE SPEAKER that God governs in the affairs of men. PRO TEMPORE f And if a sparrow cannot fall to the ground without his notice, is it prob- The SPEAKER pro tempore (Mr. THE JOURNAL able that a new Nation can rise with- RYAN of Wisconsin). The Chair reminds The SPEAKER. The Chair has exam- out his aid? I therefore beg leave to Members that they are not to urge ac- ined the Journal of the last day’s pro- move that henceforth, prayers implor- tion or characterize inaction by the ceedings and announces to the House ing the assistance of heaven and its other body. his approval thereof. blessings on our deliberations be held f Pursuant to clause 1, rule I, the Jour- in this assembly every morning before SUPPORT THE NATIONAL AMBER nal stands approved. we proceed to any business.’’ ALERT NETWORK ACT Thanks to Mr. Franklin, Congress f still does this. (Mr. LAMPSON asked and was given permission to address the House for 1 f PLEDGE OF ALLEGIANCE minute.) The SPEAKER. Will the gentleman GIVE THE PRESIDENT THE TOOLS Mr. LAMPSON. Mr. Speaker, in 1997 I HE NEEDS from Colorado (Mr. SCHAFFER) come established the Congressional Missing forward and lead the House in the (Mr. FOLEY asked and was given per- and Exploited Children’s Caucus to pro- Pledge of Allegiance. mission to address the House for 1 vide a unified and loud voice for miss- Mr. SCHAFFER led the Pledge of Al- minute.) ing children advocates within Con- legiance as follows: Mr. FOLEY. Mr. Speaker, as we head gress. The gentleman from Florida (Mr. I pledge allegiance to the Flag of the to the final stretch of the 107th Con- FOLEY) and 157 other Members work United States of America, and to the Repub- gress, much remains to be done. The with me in this caucus today. While lic for which it stands, one nation under God, presidential want-to-bes spend a lot of the caucus works to advance child safe- indivisible, with liberty and justice for all. time on the Sunday talk shows in hair ty legislation, we are also initiating

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

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VerDate Aug 23 2002 00:59 Sep 06, 2002 Jkt 099060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\CR\FM\A05SE7.000 H05PT1 H6064 CONGRESSIONAL RECORD — HOUSE September 5, 2002 community, State and national efforts minute and to revise and extend his re- opportunity to join in showing their to fight against the exploitation and marks.) deep gratitude and faith to our mili- abduction of our children. Mr. ALLEN. Mr. Speaker, I have re- tary personnel. One of those community initiatives turned from Johannesburg, South Afri- I congratulate all those associated is a successful and effective way to ca where I attended the World Summit with this very important program for combat child abduction and it is called on Sustainable Development. The sum- pursuing this. Amber Alert. The Amber Alert is mit produced some achievements such f named after Amber Hagerman, a 9- as the agreement to improve water and EDUCATION year-old girl who was tragically ab- sewer sanitation in the Third World. ducted and murdered in Arlington, The U.S. delegation also successfully (Mr. SCHAFFER asked and was given Texas in 1996. The tragedy was felt promoted public-private partnerships permission to address the House for 1 throughout North Texas, and it led to a to solve some environmental problems. minute and to revise and extend his re- search for new and innovative commu- But when it came to climate change, it marks.) Mr. SCHAFFER. Mr. Speaker, most nity responses to help law enforcement had no interest in partnerships. children in America are back in school officials find missing children. The Bush administration stands this week, and parents in most areas That response is the Amber Alert, alone in refusing to deal with global have been provided more information and it has frequently been successful in warming. As a former executive, Presi- about their schools and their child’s recovering missing children. We have dent Bush knows that no business plan academic performance than ever be- been reading about it in our news will succeed without targets and time- media in just recent weeks. fore. tables, yet the President’s negotiators Earlier this year, Education Sec- Mr. Speaker, I urge all of our Mem- succeeded in blocking targets and bers to take the opportunity to join retary Rod Paige talked about the need timetables to reduce the use of oil and with us to make this a successful na- for more education options. He said, gas and increase the use of renewable tionwide program, to join me in sup- ‘‘The new annual tests will provide par- energy. porting the Frost-Dunn National ents with much more information The goal of the summit was to imple- Amber Alert Network Act. The Na- about the quality of their children’s ment a vision for a healthier and more tional Amber Alert Network Act is a schools, but if parents can’t act on that sustainable future, but it fell short be- common sense approach to the problem information, they can’t really hold cause the Bush administration has no of child abduction. Child abduction is their schools accountable, and the vision beyond short-term gains for the finally receiving the attention it de- schools will not have a real incentive oil and gas industry. serves. Let us take this opportunity to to improve.’’ bring legislation to the floor that all of The U.S. risks falling behind our This week, the Committee on Ways America can be proud of. competitors who will develop innova- and Means, in fact today, will pass the tive and profitable clean and efficient Back-to-School Tax Relief Act that f technologies. For the sake of our econ- gives parents options to act on the in- CONGRATULATIONS TO PRESIDENT omy and our health, I urge the admin- formation about the quality of their BUSH istration to abandon its idealogical re- child’s school. The bill gives low-in- (Mr. STEARNS asked and was given sistance to real action against climate come parents an above-the-line tax de- permission to address the House for 1 change. duction of up to $3,000 for almost any minute.) f educational expense, including tutor- Mr. STEARNS. Mr. Speaker, I want HEWLETT PACKARD’S GIVE ing and tuition at private schools. to congratulate the President on his Parents deserve this freedom. They THANKS AMERICA INITIATIVE reaching out to Congress to seek our deserve the freedom to act in the best assent over any Iraq action. The Presi- (Mr. DREIER asked and was given interests of their kids. As America’s el- dent will also meet with Prime Min- permission to address the House for 1 ementary and secondary students go ister Blair and communicate with the minute and to revise and extend his re- back to school this month, I urge Con- U.N. Our leaders here in Congress were marks.) gress to quickly pass the Back-to- also briefed yesterday. We all know Mr. DREIER. Mr. Speaker, as we ap- School Tax Relief Act, H.R. 5193. proach the first anniversary of one of that Saddam is developing nuclear f weapons. The President is reaching out the most tragic days in our Nation’s to Putin of Russia, Jemin of China, and history, our attention obviously goes A TIME FOR EVERY PURPOSE Chirac of France. He is doing the right to those who lost their lives and their (Mr. PENCE asked and was given per- thing. loved ones, but we also have a renewed mission to address the House for 1 There may be a vote here on the focus on the men and women in uni- minute and to revise and extend his re- House floor in about 4 to 5 weeks on form, the first responders, policemen, marks.) this action. Congress will be consulted firefighters, medical technicians, and Mr. PENCE. Mr. Speaker, the Good and the President is building a con- also our men and women in uniform Book tells us that there is a time for sensus. We will debate the question, who are deployed overseas. every purpose under heaven. There is a time to weep and a time to mourn, and the simple question: Is inaction an op- b 1015 tion or not? Should we force weapons tomorrow I will join some 250 of my inspections as a means of building this These people have dedicated their colleagues in this body as we travel to international coalition to act against lives to protect our freedoms, and they Federal Hall in New York City to do Iraq? Saddam has had 11 long years in put their safety on the line every day just that. We will gather at a place which he has sidestepped and without any expectation of recogni- that this Congress met and even adopt- crawfished on allowing us to inspect. tion. ed the Bill of Rights in the year 1789, Should there be a consensus first be- To acknowledge the service of our and we will mourn with those who fore we inspect? public safety and military personnel, mourn, and we will weep with those Mr. Speaker, all of these questions Hewlett-Packard created the ‘‘Give who weep. are healthy in the debate here in Con- thanks, America’’ initiative, which al- The last time I was in New York gress, and I congratulate the President lows families of military personnel and City, Mr. Speaker, was September 21. I in reaching out to the public and to the general public to send video e-mail stood in the ashes and on the periphery Congress and to have this important messages of appreciation to these he- of the devastation at Ground Zero, and debate. roes. I expect tomorrow, as we all do, to be To date, tens of thousands of Ameri- f a deeply moving day emotionally. cans have participated in this effort. But as we join to pray, let us ever re- WORLD SUMMIT ON SUSTAINABLE Tomorrow at the Pentagon an inter- member that also we are told that DEVELOPMENT active kiosk will be dedicated as a per- there is a time for peace, but there is a (Mr. ALLEN asked and was given manent exhibit, allowing service mem- time for war. As we pray for the be- permission to address the House for 1 bers, family members, and visitors the reaved, let us also pray for wisdom for

VerDate Aug 23 2002 23:45 Sep 05, 2002 Jkt 099060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\CR\FM\K05SE7.002 H05PT1 September 5, 2002 CONGRESSIONAL RECORD — HOUSE H6065 our President and our leadership in not have one set of rules for liberals, Mr. LATOURETTE. Mr. Chairman, I this institution as we choose the times another for conservatives; one set of yield myself such time as I may con- and the days ahead for war. rules for pro-choice people, another for sume. f pro-life people. It is not right, and that Mr. Chairman, H.R. 4727, the Dam is why we want to see the bankruptcy Safety and Security Act of 2002, intro- WE NEED A TAX POLICY WHICH bill fixed before we vote on it. duced by the gentleman from Pennsyl- WILL HELP THE ECONOMY RE- f vania (Mr. SHUSTER), reauthorizes and COVER QUICKER updates the national dam safety pro- (Mr. SMITH of Michigan asked and REGARDING THE JOINT MEETING gram, which was originally passed as was given permission to address the OF CONGRESS IN NEW YORK CITY part of the Water Resources Develop- House for 1 minute and to revise and (Mr. GIBBONS asked and was given ment Act of 1996. extend his remarks.) permission to address the House for 1 This program was created to improve Mr. SMITH of Michigan. Mr. Speak- minute and to revise and extend his re- public safety around dams by providing er, in my Seventh Congressional Dis- marks.) grants to State dam safety agencies to trict of Michigan unemployment is Mr. GIBBONS. Mr. Speaker, I look assist them in improving their regu- going up. Some of the companies are forward tomorrow to joining approxi- latory programs, funding research to closing. Several are moving to Mexico mately 250 of my colleagues at the enhance technical expertise as dams and other countries. Joint Meeting of Congress in New York are built and rehabilitated, estab- In the past, the United States has City, where we will honor the victims lishing training programs for dam safe- been so advanced in our productivity and celebrate the heroes of September ty inspectors, and creating a national and our efficiency that we could put 11, 2001. inventory of dams. heavy taxes on business and industry, We will be returning to the city Since its passage in 1996, the program and we could impose restrictive regula- which terrorists targeted for devasta- has worked to provide assistance tions, and still be competitive in the tion almost 1 year ago, and yet the ter- grants, training, research, and exper- world market. That is no longer true, rorists did not succeed in destroying tise in each of the 48 States that has a Mr. Speaker. The international com- this Nation or the American spirit. In- dam safety program. munity is now vying for our markets, stead, our Nation is strong, our people Dams serve a number of important our ways of producing, trying to be are its strength. The people of New functions in today’s society. They pro- more productive and take away our York are the beacon to the strength of vide water for recreation, electricity, business. human and livestock consumption, That means that we have got to take the American spirit. Tomorrow we will crop irrigation, and flood control. another look at how we put our compa- see firsthand that strength, and how According to the Army Corps of En- nies at a competitive disadvantage, the New York City has survived in spite of gineers, which maintains the national way we tax our business and industry the horrible tragedy of September 11. inventory, there are more than 80,000 more than what other countries are Our message to those terrorists is dams in the United States. Of these, taxing theirs. We now have a situation that no one in this Nation will retreat, 10,000 have been classified as high risk, where Democrats are suggesting that if and we will not be intimidated. Ter- meaning that their failure poses a risk we have any tax changes to have a fast- rorism against the United States, our of either loss of life or severe loss of er economic recovery, they are going freedom, and our people will never be to use it politically, suggesting tax- tolerated. property. While it is widely believed that the ation to give benefits for just the rich. Mr. Speaker, I would like to thank Federal Government owns most of We need to look at the kind of taxes the people of New York for welcoming America’s dams, the reality is far from that will protect workers savings and Congress to their city. May this visit are going to help this economy recover symbolize not only the unity of Con- that. In fact, the Federal Government quicker. gress, but that of the entire country to owns just over 5 percent of the dams in rebuild our Nation and defend our free- the United States, with the vast major- f dom. ity, some 58 percent, being owned by AMERICA’S BANKRUPTCY LAWS f private individuals. NEED TO BE FIXED This fact highlights the need for co- DAM SAFETY AND SECURITY ACT (Mr. PITTS asked and was given per- ordinated and adequately funded in- OF 2002 mission to address the House for 1 spection programs at the State level. minute and to revise and extend his re- The SPEAKER pro tempore (Mr. GIB- This bipartisan legislation will reau- marks.) BONS). Pursuant to the order of the thorize this important public works Mr. PITTS. Mr. Speaker, America’s House of Wednesday, September 4, 2002, safety program for an additional 4 bankruptcy laws need to be fixed. The and rule XVIII, the Chair declares the years, require the creation of a stra- system is broken, and we need to act. House in the Committee of the Whole tegic plan, give the Interagency Board In fact, we have acted. The House of House on the State of the Union for the greater flexibility to provide assistance Representatives has passed an excel- consideration of the bill, H.R. 4727. to States, allow for the inclusion of State dam safety officials on the Inter- lent bill to do the job. Unfortunately, b 1023 the other body has injected one of the agency Board, increase the amount of most controversial issues of our time, IN THE COMMITTEE OF THE WHOLE money available for grants and re- abortion, into this legislation. Now Accordingly, the House resolved search, and require that the Board con- many of us simply can no longer vote itself into the Committee of the Whole sider security when assessing the safe- for it. House on the State of the Union for the ty of dams. The issue of abortion does not belong consideration of the bill (H.R. 4727) to Mr. Chairman, I support this very in this bill. Mr. Speaker, as it is writ- reauthorize the national dam safety important piece of legislation. I want ten now, the bankruptcy bill singles program, and for other purposes, with to commend the ranking member of out peaceful, nonviolent, pro-life pro- Mr. RYAN of Wisconsin in the chair. our subcommittee, the gentleman from testers for unusually harsh punishment The Clerk read the title of the bill. Illinois (Mr. COSTELLO), for his dili- if they pray or protest or hand out leaf- The CHAIRMAN. Pursuant to the gence and willingness to continue to lets in front of an abortion clinic. I ask order of the House of Wednesday, Sep- work with us in a bipartisan manner to my colleagues, why is it okay to have tember 4, 2002, the bill is considered as produce good legislation, and also the civil rights protests, why is it okay to having been read the first time. chairman of the full committee, the have union protests, why is it okay to The gentleman from Ohio (Mr. gentleman from Alaska (Mr. YOUNG), have animal rights protests or peace LATOURETTE) and the gentleman from and the ranking member of the full protests, and why is it not okay to pro- Illinois (Mr. COSTELLO) each will con- committee, the gentleman from Min- test in defense of unborn babies? trol 30 minutes. nesota (Mr. OBERSTAR). This Congress should stand for equal The Chair recognizes the gentleman I want to pay special note at this treatment under the law. We should from Ohio (Mr. LATOURETTE). time and give thanks to the author of

VerDate Aug 23 2002 23:45 Sep 05, 2002 Jkt 099060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\CR\FM\K05SE7.004 H05PT1 H6066 CONGRESSIONAL RECORD — HOUSE September 5, 2002 the legislation, the gentleman from most 10,000 high hazard potential dams. search and development. The total au- Pennsylvania (Mr. SHUSTER). Although Even more alarming, States presently thorized funding is increased by $2.7 a new Member of the House, the gen- report approximately 23,100 unsafe million per year, with $2 million being tleman from Pennsylvania has already dams which have deficiencies that directed in State grants, $500,000 for re- proven himself to be a leader in impor- leave them highly susceptible to fail- search, and $200,000 for additional staff tant issues of transportation and infra- ure. of FEMA to conduct training. Impor- structure, following in the important Some States, Delaware, for example, tantly, this legislation will also pro- footsteps of his father, and this piece of have relatively few dams, while others vide States the technical assistance legislation is a good example of that. like Kansas, Missouri, Oklahoma, and necessary to maintain security for our This is a good piece of legislation. Texas have 4,000 dams each. Many Nation’s dams. Mr. Chairman, I yield the balance of States fully fund their dam safety pro- Specifically the program will develop my time to the gentleman from Penn- gram. Unfortunately, others do not. In cost-effective programs and procedures sylvania (Mr. SHUSTER), and I ask Iowa, for example, a single staff person for hazard reduction; develop proce- unanimous consent that he be per- is responsible to devote one-third of his dures to be used for dam site investiga- mitted to control that time. time to dam safety and yet be respon- tion, design, construction, operation, The CHAIRMAN. Is there objection sible for inspecting almost 11,000 State maintenance, and emergency prepared- to the request of the gentleman from regulated dams. ness; encourage the establishment of Ohio? Clearly, more can be done. The com- dam safety problems in each State; de- There was no objection. bined effort of rapid downstream devel- velop public awareness projects to in- Mr. SHUSTER. Mr. Chairman, I yield opment and aging or non-compliant crease acceptance and support of State myself such time as I may consume. structures demands fully funded and dam safety programs; develop tech- (Mr. SHUSTER asked and was given staffed State dam safety programs, as nical assistance materials for Federal permission to revise and extend his re- well as substantial proactive funding and non-Federal dam safety programs; marks.) for dam repairs. develop mechanisms to provide tech- Mr. SHUSTER. Mr. Chairman, I nical assistance to the non-Federal sec- 1030 would like to thank the gentleman tor; and develop technical assistance from Ohio (Mr. LATOURETTE) for his Not surprisingly, repairs to dams are and encourage appropriate security for leadership on this issue. expensive. Some estimates say as much our Nation’s dams. Mr. Chairman, I rise in support of the as $7 billion across the United States. Mr. Chairman, I would like to remind Dam Safety and Security Act. This im- It is important to note that other everybody how important dams are to portant legislation reauthorizes a pro- Members of Congress are working on this country. Dams provide hydro- gram that has directly helped the drafting separate legislation that electric power to almost every State in States and protects the citizens of this would provide loans to dam owners to the Union, habitats for fish, birds and country. help cover the costs of repairs. I sup- other animals, recreational activities This program, run by the Federal port the intent and look forward to re- from bird watching to water sports, Emergency Management Administra- viewing the legislation. flood control and are an important tion, provides vital assistance to In an effort to ensure dam safety, source of our drinking water. The posi- States, and actually saves the govern- Congress passed the National Dam tive impacts of dams may be influ- ment money by helping prevent dam Safety Program in 1996. Under that encing more people to build down- accidents from happening, allowing program State dam safety agencies re- stream from dams. This is not dan- FEMA to direct its emergency funds ceived grants totaling $7 million to as- gerous as long as dams are monitored where they are needed most. sist them with improving dam safety and maintained. For these reasons and Dams provide tremendous benefits, regulatory programs by procuring in memory of the thousands of lives including water supply for drinking, ir- equipment, implementing new tech- lost to dam failures, I urge my col- rigation and industrial uses, flood con- nology, and enabling more frequent in- leagues to support this common sense trol, hydroelectric power, recreation, spections. The program also provides legislation. and navigation. opportunities for continuing education Mr. Chairman, I would like to include At the same time, dams also rep- to dam safety engineers and funding in the RECORD three letters of support resent one of the greatest risks to pub- for research to advance the technology for this important legislation. The Na- lic safety. Historically, some of the for investigations, construction, and tional Governors’ Association, the largest disasters in U.S. history have the rehabilitation of dams. American Society of Civil Engineers, resulted in dam failures. I am pleased to report this program and the Association of State Dam Safe- In 1928, the St. Francis Dam failure was successful and deserves to be con- ty Officials each sent a letter in sup- killed more than 500 Californians. Dur- tinued. It is important to note this port of the National Dam Safety and ing the 1970s, the Buffalo Creek Teton model program sent the money directly Security Act. I would also like to and Toccoa Creek Dam failures collec- to States, where it was used to edu- thank the gentleman from Alaska (Mr. tively cost 175 lives and over $1 billion cate, inform, and help protect the peo- YOUNG), the chairman, for his assist- in losses. In 1889, the collapse of the ple. ance and leadership on this bill; the South Fork Dam decimated the town My State of Pennsylvania has been in gentleman from Ohio (Mr. of Johnstown, Pennsylvania, killing the forefront of the Nation’s dam safe- LATOURETTE), subcommittee chairman, more than 2,000 people. ty efforts over the last two decades and for his help and guidance. In addition, Despite the tragedies of the past, our program has been cited as a role I appreciate the support of the gen- many dams are not maintained prop- model for other States in developing tleman from Illinois (Mr. COSTELLO), erly. Dams require ongoing mainte- new and expanded programs. Of the ranking member, and the gentleman nance, monitoring, safety inspections, 3,200 dams in Pennsylvania, 950 are from Minnesota (Mr. OBERSTAR) for and rehabilitation. In the past 2 years, classified as high-hazard potential their help in crafting this legislation. more than 520 dam incidents, including structures. The letters referred to are as follows: 61 dam failures, were reported. This determination helps State dam NATIONAL GOVERNORS ASSOCIATION, While the Federal Government main- officials identify which dams deserve Washington, DC, September 3, 2002. tains many well known dams, like the regular inspection. In conversations To: All Members of the House of Representa- Hoover Dam, more than 90 percent of with Pennsylvania State dam officials, tives the dams, over 100,000 dams, are regu- they confirmed that they could not The National Governors Association sup- lated by the States. Additionally, the have done it without the National Dam ports legislation to reauthorize the National number of high hazard potential dams Safety Program. Dam Safety Program Act, therefore, we urge you to support the ‘‘Dam Safety and Secu- whose failures would cause loss of This bill reauthorizes this successful rity Act of 2002’’ (H.R. 4727). From its $5.9 human life or severe property damage program by updating and fine-tuning million annual authorization, the National is increasing due to the development of the underlying language and providing Dam Safety Program provides $4 million per downstream land. Today, there are al- a modest boost to the funding for re- year in grants to states to help improve dam

VerDate Aug 23 2002 23:45 Sep 05, 2002 Jkt 099060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\CR\FM\K05SE7.007 H05PT1 September 5, 2002 CONGRESSIONAL RECORD — HOUSE H6067 safety inspection, classification and regu- safety of our Nation’s dams and to prevent creased by 25 percent. There have been latory programs, as well as $500,000 for train- dam failures that threaten lives and prop- advances in the state-of-the-art prac- ing state dam safety inspectors. erty. tice and user documentation; State Dams are a critical component of state in- If you or your staff have any questions training programs have been enhanced; frastructure, equal in importance to bridges, please call Brad Larossi, Chairman of the roads, or airports. They provide benefits ASDSO Legislative Committee at 410–631– research in the area of improving dam such as water supply, flood control, power 3538. safety has increased; and an informa- generation, navigation, recreation, and wild- Sincerely, tion technology plan will be developed life habitat. Dam failures can cause loss of BRAD LAROSSI, P.E., that will establish an information re- life and significant financial impacts on Chairman, Legislative Committee. source system to centralize national downstream areas. The American Society of dam safety information. Civil Engineers, in their 2001 Report Card for AMERICAN SOCIETY OF CIVIL ENGINEERS, Additionally, in light of our Nation’s America’s Infrastructure, gave dams a grade Washington, DC, September 4, 2002. need to protect our infrastructure from of ‘‘D,’’ indicating a problem that deserves Hon. BILL SHUSTER, possible terrorist attacks, the National national attention. House of Representatives, Rayburn House Office Dam Safety Review Board has estab- State governments have regulatory respon- Building, Washington, DC. lished the Dam Safety Security Task sibility for 95 percent of the approximately DEAR REPRESENTATIVE SHUSTER: On behalf 75,000 dams within the National Inventory of of the more than 125,000 members of the Force to facilitate dialogue and offer Dams. The bulk of the responsibility to en- American Society of Civil Engineers (ASCE), technical support on security-related sure the safety of the nation’s dams falls on I urge the passage of H.R. 4727, the Dam policy and guidance. the shoulders of the states, and concerns Safety and Security Act of 2002, which reau- H.R. 4727, the Dam Safety and Secu- about homeland security have increased this thorizes the National Dam Safety Program rity Act of 2002, seeks to build upon burden. State dam safety programs vary in (P.L. 104–303) for an additional four years. these achievements made over the past authority, but typically the program in- The bill authorizes $8.6 million in each of several years and enhance them. In ad- cludes safety inspections of new and existing the fiscal years 2003 through 2006 for dam dams, review of plans and specifications for dition to reauthorizing the National safety. It amends the National Dam Safety Dam Safety Program for 3 additional dam construction and repair, and review and Program Act to direct the Interagency Com- approval of emergency action plans. mittee on Dam Safety to encourage the es- years, the bill enhances the program by H.R. 4727 makes only small changes in the tablishment and maintenance of effective requiring the development of dam safe- existing National Dam Safety program but federal programs, policies, and guidelines in- ty training materials and courses for will continue a modest yet vital agenda for tended to enhance dam safety. State and local officials, by providing addressing America’s dams. thank you for The National Dam Safety Program Act for assistance for dam safety programs, your consideration of our views. (NDSPA), enacted as part of the Water Re- and by allowing for the appointment of Sincerely, sources Development Act of 1996, expires in GOVERNOR BOB WISE, State dam safety officials to the Inter- FY 2002. This modest, yet vital, program en- agency Board, in addition to making Chair, Committee on ables the states to improve their fledgling Natural Resources. dam safety programs, which, in turn, trans- other conforming amendments. Governor BILL OWENS, late into reduced risks to life and property. Mr. Chairman, this is a good bipar- Vice Chair, Committee The National Dam Safety Program (NDSP) tisan bill. Dam safety is important to on Natural Re- has fostered many significant improvements our Nation, and coming from an area of sources. in the state dam safety programs, provided the country where during certain times critical training to state engineers and es- of the year flooding can reach a crit- ASSOCIATION OF STATE DAM tablished unprecendented cooperation be- ical point, I am pleased that we are SAFETY OFFICIALS, tween Federal dam safety agencies and state taking the time to reauthorize and en- Lexington, KY, September 4, 2002. dam safety programs. Hon. BILL SHUSTER, hance this important program. ASCE’s 2001 Report Card for the Nation’s Finally, I want to commend the gen- House of Representatives, Rayburn House Office Infrastructure concluded dams require ongo- tleman from Alaska (Mr. YOUNG), the Building, Washington, DC. ing maintenance, monitoring, frequent safe- DEAR REPRESENTATIVE SHUSTER: On behalf ty inspections and rehabilitation. More than chairman, for his leadership; and the of the more than 2,000 members of the Asso- 90 percent of the nation’s approximately gentleman from Minnesota (Mr. OBER- ciation of State Dam Safety Officials 100,000 dams are regulated by the states. STAR), ranking member, on this legisla- (ASDSO); we urge passage of the bill H.R. ASCE believes that H.R. 4727 is critically tion, as well as the gentleman from 4727, The Dam Safety and Security Act of important to the constant effort to protect Ohio (Mr. LATOURETTE), chairman of 2002. The Dam Safety and Security Act reau- human life and property in every state in the thorizes the National Dam Safety program the subcommittee, for their work, and United States. We urge you to support H.R. through FY 2006, and makes some minor in particular the gentleman from Penn- 4727 when it comes to the House floor on Sep- changes to the program that were identified sylvania (Mr. SHUSTER), my friend and tember 5, 2002. over its first five years. colleague on the committee, who au- Sincerely yours, The National Dam Safety Program Act H. GERARD SCHWARTZ, Jr., Ph.D., P.E., thored this legislation, for his leader- (NDSPA), enacted as part of the Water Re- President. ship on this bill. sources Development Act of 1996 (P.L. 104– Mr. Chairman, I urge passage of this 303), expires in FY 2002. This modest, yet Mr. SHUSTER. Mr. Chairman, I re- legislation. vital, program enables the states to improve serve the balance of my time. Mr. Chairman, I yield such time as their fledging dam safety programs which, in Mr. COSTELLO. Mr. Chairman, I turn, translates into reduced risks to life and she may consume the gentlewoman yield myself such time as I may con- from California (Ms. WATSON). property. The National Dam Safety Program sume. (NDSP) has fostered many significant im- Ms. WATSON of California. Mr. provements in the state dam safety pro- Mr. Chairman, H.R. 4727, the Dam Chairman, I stand in support of H.R. grams, provided critical training to state en- Safety and Security Act of 2002, reau- 4727, but I want to bring up another gineers and established unprecedented co- thorizes and amends the National Dam matter that relates to security and it operation between Federal dam safety agen- Safety Program. The program’s goal is relates more to the Transportation Se- cies and state dam safety programs. to reduce the risk to life and property curity Administration. The accomplishments realized through the by establishing an effective dam safety Mr. Chairman, since September 11 of NDSP, under FEMA’s direction, clearly dem- maintenance program that utilizes the last year, Congress has taken impor- onstrate the benefits of Federal leadership. resources and expertise of the Federal The National Dam Safety Program Act of tant steps to help ensure the safety of 1996 is set to expire in FY 2002, but there are and non-Federal communities to America’s flying public. For example, many more goals and challenges ahead that achieve the reduction of dam safety we established the Transportation Se- should be addressed in order to improve dam hazards. One of the primary purposes of curity Administration, federalized air- safety in the United States. Conducting vul- the National Dam Safety Program Act port baggage screeners and expanded nerability assessments and improving dam is to provide financial assistance to the the Federal Air Marshal Program. security, mapping of dambreak flood inunda- States for strengthening their dam Although these were valuable first tion areas below dams and creating a funding safety program. steps, we must make sure that they are source to provide low interest loans for dam Since the passage of the National effective. For example, recent press re- repairs are the most urgent challenges. ASDSO urges you to support H.R. 4727 Dam Safety Program Act in 1996, the ports have indicated that the Air Mar- when it comes to the House floor on Sep- program has improved the Nation’s shal Program has encountered signifi- tember 5, 2002, to continue to improve the dam safety. Dam inspections have in- cant problems as the service seeks to

VerDate Aug 23 2002 00:59 Sep 06, 2002 Jkt 099060 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 E:\CR\FM\A05SE7.005 H05PT1 H6068 CONGRESSIONAL RECORD — HOUSE September 5, 2002 expand in response to last year’s ter- sidered to be made to a section or other pro- (2) in paragraph (2)— rorist attacks. Subsequently, I have re- vision of the National Dam Safety Program (A) in the matter preceding subparagraph quested that the GAO conduct a study Act (33 U.S.C. 467 et seq.). (A)— The CHAIRMAN. Are there any (i) by striking ‘‘primary’’; and on reported failures of the Air Marshal (ii) by striking ‘‘, and for a State to be eli- Program. amendments to section 1? gible’’ and all that follows before the colon; Among the problems cited in recent If not, the Clerk will designate sec- (B) in subparagraph (A)— news articles are: Many new air mar- tion 2. (i) in the matter preceding clause (i) by shals were given guns and badges and The text of section 2 is as follows: striking ‘‘For a State to be eligible for as- put aboard planes and flights before ex- SEC. 2. INTERAGENCY COMMITTEE ON DAM sistance under this subsection, a State’’ and inserting ‘‘A State’’; and tensive background checks were com- SAFETY. Section 7(b) (33 U.S.C. 467(b)) is amended— (ii) in clause (vi) by inserting ‘‘improve se- pleted; marshals have complained that (1) by striking ‘‘Federal and State pro- curity,’’ before ‘‘revise operating proce- program rules, specifically the dress grams’’ and inserting ‘‘Federal programs’’; dures,’’; and code, can identify them as air mar- and (3) in paragraph (3) by striking ‘‘contract’’ shals, thereby limiting their effective- (2) by striking ‘‘through—’’ and all that each place it appears and inserting ‘‘agree- ness and putting them in jeopardy; follows through the period at the end and in- ment’’. serting ‘‘through coordination and informa- (g) BOARD.— scheduling problems had left many (1) ESTABLISHMENT.—Section 8(f)(1) (as re- marshals working as much as 16 hours tion exchange among Federal agencies con- cerning implementation of the Federal designated by subsection (e) of this section) a day while others are idle for weeks. Guidelines for Dam Safety.’’ is amended— These problems, among others, have (A) by striking ‘‘The Director may estab- The CHAIRMAN. Are there any led at least 80 air marshals to resign lish’’ and inserting ‘‘The Director shall es- amendments to section 2? from the program and some to consider tablish’’; and If not, the Clerk will designate sec- a class action lawsuit, according to the (B) by striking ‘‘to monitor’’ and all that tion 3. follows through the period at the end and in- article. These reports, if true, rep- The text of section 3 is as follows: serting ‘‘to monitor the safety of dams in the resent a serious decline in a program SEC. 3. NATIONAL DAM SAFETY PROGRAM. United States, to monitor State implemen- that until recently was hailed as one of (a) IN GENERAL.—Section 8(a)(3) (33 U.S.C. tation of this section, and to advise the Di- the finest in our Nation. 467f(a)(3)) is amended— rector on national dam safety policy.’’. In the wake of September 11, the (1) in subparagraph (B) by striking ‘‘imple- (2) VOTING MEMBERSHIP.—Section 8(f)(3) (as movement to expand the Air Marshal mentation plan described in subsection (e)’’ redesignated by subsection (e) of this sec- Program was an appropriate response and inserting ‘‘strategic plan described in tion) is amended— subsection (b)’’; and (A) in the paragraph heading by striking to the terror attacks. However, it is ap- ‘‘MEMBERSHIP’’ and inserting ‘‘VOTING parent that the rapid expansion of this (2) in subparagraph (C) by striking ‘‘sub- section (f)’’ and inserting ‘‘subsection (e)’’. MEMBERSHIP’’; program has caused new problems. It is (b) DUTIES.—Section 8(b) (33 U.S.C. 467f(b)) (B) in the matter preceding subparagraph my hope that the GAO report will is amended to read as follows: (A) by striking ‘‘11 members’’ and inserting bring to light these new problems so ‘‘(b) DUTIES.—The Director shall prepare a ‘‘11 voting members’’; and that the TSA and Congress can take strategic plan— (C) by striking subparagraphs (F) and (G) appropriate action on behalf of the ‘‘(1) to establish goals, priorities, and tar- and inserting the following: ‘‘(F) 5 members shall be selected by the Di- American people. get dates to improve the safety of dams in the United States; and rector from among State dam safety offi- Mr. COSTELLO. Mr. Chairman, I ‘‘(2) to the extent feasible, to establish co- cials; and have no further speakers, and I yield operation and coordination with, and assist- ‘‘(G) 1 member shall be selected by the Di- back the balance of my time. ance to, interested governmental entities in rector to represent the private sector.’’. Mr. SHUSTER. Mr. Chairman, I yield all States.’’. (3) NONVOTING MEMBERSHIP; DUTIES; WORK myself such time as I may consume. (c) OBJECTIVES.—Section 8(c) (33 U.S.C. GROUPS.—Section 8(f) (as redesignated by Mr. Chairman, I just want to close by 467f(c)) is amended— subsection (e) of this section) is amended— (A) by redesignating paragraphs (4), (5), thanking again the ranking member on (1) in paragraph (5) by striking ‘‘and’’ at the end; and (6) as paragraphs (7), (8), and (9), respec- the subcommittee for his support. As (2) in paragraph (6) by striking the period tively; and he stated, this is good bipartisan legis- at the end and inserting ‘‘; and’’; and (B) by inserting after paragraph (3) the fol- lation, and I would urge all of my col- (3) by adding at the end the following: lowing: leagues to vote today to pass the Dam ‘‘(7) develop technical assistance mate- ‘‘(4) NONVOTING MEMBERSHIP.—The Direc- Safety and Security Act. rials, seminars, and guidelines to improve se- tor, in consultation with the Board, may in- Mr. Chairman, I yield back the bal- curity for dams in the United States.’’. vite representatives from Federal or State agencies or dam safety experts, as needed, to ance of my time. (d) FUNCTIONAL ACTIVITIES.—Section 8(d)(3)(A) (33 U.S.C. 467f(d)(3)(A)) is amended participate in meetings of the Board. The CHAIRMAN. All time for general by striking ‘‘and shall be’’ and all that fol- ‘‘(5) DUTIES.— debate has expired. lows through the period at the end and in- ‘‘(A) IN GENERAL.—The Board shall encour- Pursuant to the order of the House of serting ‘‘and shall be exercised by chairing age the establishment and maintenance of Wednesday, September 4, 2002, the com- the Board to coordinate national efforts to effective programs, policies, and guidelines mittee amendment in the nature of a improve the safety of the dams in the United to enhance dam safety for the protection of substitute printed in the bill shall be States.’’. human life and property throughout the considered by sections as an original (e) IMPLEMENTATION PLAN; DAM SAFETY United States. ‘‘(B) COORDINATION AND INFORMATION EX- bill for the purpose of amendment, and TRAINING.— (1) In GENERAL.—Section 8 (33 U.S.C. 467f) is CHANGE AMONG AGENCIES.—In carrying out each section is considered read. amended by striking subsections (e) and (g) subparagraph (A), the Board shall encourage During consideration of the bill for and redesignating subsections (f) and (h) as coordination and information exchange amendment, the Chair may accord pri- subsections (e) and (f), respectively. among Federal and State dam safety agen- ority in recognition to a Member offer- (2) CONFORMING AMENDMENTS.—Section 2 cies that share common problems and re- ing an amendment that he has printed (33 U.S.C. 467) is amended— sponsibilities for dam safety, including plan- in the designated place in the CONGRES- (A) in paragraph (1) by striking ‘‘section ning, design, construction, operation, emer- 8(h)’’ and inserting ‘‘section 8(f)’’; and gency action planning, inspections, mainte- SIONAL RECORD. Those amendments (B) in paragraph (12) by striking ‘‘section nance, regulation or licensing, technical or will be considered read. 8(f)’’ and inserting ‘‘section 8(e)’’. financial assistance, research, and data man- The Clerk will designate section 1. (f) ASSISTANCE FOR STATE DAM SAFETY agement. The text of section 1 is as follows: PROGRAMS.—Section 8(e) (as redesignated by ‘‘(6) WORK GROUPS.—The Director may es- SECTION 1. SHORT TITLE; AMENDMENT OF NA- subsection (e) of this section) is amended— tablish work groups under the Board to as- TIONAL DAM SAFETY PROGRAM ACT. (1) in paragraph (1) by striking ‘‘the Direc- sist the Board in accomplishing its goals. (a) SHORT TITLE.—This Act may be cited as tor shall provide assistance’’ and all that fol- The work groups shall consist of members of the ‘‘Dam Safety and Security Act of 2002’’. lows through the period at the end and in- the Board and other individuals selected by (b) AMENDMENT OF NATIONAL DAM SAFETY serting ‘‘the Director shall provide assist- the Director.’’. PROGRAM ACT.—Except as otherwise ex- ance with amounts made available under (4) TRAVEL EXPENSES.—Section 8(f) (as re- pressly provided, whenever in this Act an section 13 to assist States in establishing, designated by subsection (e) of this section) amendment or repeal is expressed in terms of maintaining, and improving dam safety pro- is amended by striking paragraph (8) (as re- an amendment to, or a repeal of, a section or grams in accordance with the criteria speci- designated by paragraph (3)(A) of this sub- other provision, the reference shall be con- fied in paragraph (2).’’; section) and inserting the following:

VerDate Aug 23 2002 00:59 Sep 06, 2002 Jkt 099060 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 E:\CR\FM\K05SE7.011 H05PT1 September 5, 2002 CONGRESSIONAL RECORD — HOUSE H6069 ‘‘(8) TRAVEL EXPENSES.— bia River to investigate what the Fed- In light of the Nation’s need to pro- ‘‘(A) REPRESENTATIVES OF FEDERAL AGEN- eral Government can do to improve the tect our Nation’s infrastructure, in- CIES.—To the extent amounts are made state of our dams. One of the crucial cluding dams, from possible terrorist available in advance in apropriations Acts, each member of the Board who represents a things that I learned from my con- attacks, including an official from the Federal agency shall be reimbursed of appro- versations with the many officials re- national labs on the Dam Safety Re- priations for travel expenses by his or her sponsible for the operation and safety view Board will assist us in furthering agency, including per diem in lieu of subsist- of these dams was that some of them these goals by providing technical sup- ence, at rates authorized for an employee of felt they did not have the technological port in computer modeling simulations an agency under subchapter I of chapter 57 of capability to do the proper modeling of and other related security support. title 5, United States Code, while away from certain disasters, including terrorist I compliment the gentleman for his the home or regular place of business of the attacks, explosions and the effect of amendment and urge its adoption. member in the performance of services for the Board. earthquakes on large concrete dams. Mr. SHUSTER. Mr. Chairman, I move ‘‘(B) OTHER INDIVIDUALS.—To the extent Their computers just could not handle to strike the last word. amounts are made available in advance in the computational volume to ade- Mr. Chairman, I appreciate the inter- appropriations Acts, each member of the quately assess what would happen est in the legislation my colleague Board who represents a State agency, the under certain circumstances. from Oregon has shown, and we are member of the Board who represents the pri- However, the national laboratories of prepared to accept the amendment. vate sector, and each member of a work our Department of Energy do have this The amendment merely clarifies that group created under paragraph (1) shall be capability. They have the most power- the director may invite a representa- reimbursed for travel expenses by FEMA, in- cluding per diem in lieu of subsistence, at ful supercomputers in the world. And tive of the national laboratories of the rates authorized for an employee of an agen- in certain instances, State and local of- Department of Energy to participate in cy under subchapter I of chapter 57 of title 5, ficials have already worked with the meetings or working groups of the United States Code, while away from home national labs using their supercom- board. This amendment makes no sub- or regular place of business of the member in puters to do the necessary modeling of stantive change to existing law and, in performance of services for the Board.’’ explosions and earthquakes. fact, represents current practice of The CHAIRMAN. Are there any b 1045 FEMA which is to include the national amendments to section 3? labs in many of their activities. They were then able to model more AMENDMENT OFFERED BY MR. WU I am pleased that we could come to a Mr. WU. Mr. Chairman, I offer an accurately the potential for cata- mutually agreed-upon resolution to amendment. strophic dam failure. this amendment, and I appreciate the We should use all the technology The Clerk read as follows: gentleman from Oregon’s (Mr. WU) in- available to us to improve the safety of Amendment offered by Mr. WU: terest on this issue. In section 3(g)(3)(B) of the bill, before our dams. My amendment would help The CHAIRMAN. The question is on ‘‘may invite’’ insert ‘‘may invite a represent- ensure that the national labs work the amendment offered by the gen- ative of the National Laboratories of the De- with dam officials by including a rep- tleman from Oregon (Mr. WU). partment of Energy and’’. resentative from the national labs on The amendment was agreed to. Mr. WU. Mr. Chairman, I would like the national review board. This rep- The CHAIRMAN. Are there further to recognize the courtesy of the gen- resentative would serve as a nonvoting amendments to section 3? tleman from Pennsylvania (Mr. SHU- member and would work with the re- Mr. SHUSTER. Mr. Chairman, I ask STER) for working with me on this view board in an advisory capacity. unanimous consent that the remainder amendment. We can learn a great deal from the of the committee amendment in the Dams are an extremely important national labs. They have already nature of a substitute be printed in the part of our Nation’s infrastructure, helped some of the dam officials with RECORD and open to amendment at any equal in importance to bridges, roads whom I have spoken. It is important point. or airports; but like these other crucial that we ensure that we continue to The CHAIRMAN. Is there objection assets, safety is the key to the effec- help officials throughout the country. to the request of the gentleman from tiveness of a dam. Dam failures can be My amendment would do that, and I Pennsylvania? devastating for downstream popu- urge my colleagues to join me in sup- There was no objection. lations and property to the dam own- porting this important commonsense The text of the remainder of the com- ers, for the dam’s intended purpose, amendment. mittee amendment in the nature of a such as generating electricity, flood Mr. COSTELLO. Mr. Chairman, will substitute is as follows: control, irrigation, navigation. Prop- the gentleman yield? SEC. 4. RESEARCH. erty damage can range in the thou- Mr. WU. I yield to the gentleman Section 9(a) (33 U.S.C. 467g) is amended— sands to billions of dollars and no price from Illinois. (1) in the matter preceding paragraph (1)— can be put on the lives which would be Mr. COSTELLO. Mr. Chairman, I (A) by striking ‘‘in cooperation with lost or could be lost in the future due thank the gentleman for yielding, and ICODS’’ and inserting ‘‘in cooperation with to dam failure. I rise in support of the Wu amendment the Board’’; and Failures know no State boundaries. that seeks to permit FEMA to invite (B) by inserting ‘‘and support’’ after ‘‘de- velop’’; Inundation from a dam failure could an official from one of the Department (2) in paragraph (1) by striking ‘‘and’’ at affect several States and large popu- of Energy’s national laboratories to the end; lations. participate as a nonvoting member of (3) in paragraph (2) by striking the period In the past several years there have the Dam Safety Review Board. at the end and inserting a semicolon; and been hundreds of documented dam fail- Our national laboratories’ involve- (4) by adding at the end the following: ures across the Nation. Earlier in the ment in counterterrorism and anti-ter- ‘‘(3) development and maintenance of in- century many dams failed due to lack rorism programs began years ago as a formation resources systems needed to sup- port managing the safety of dams; and of proper engineering and maintenance part of our work to develop technology ‘‘(4) initiatives to guide the formulation of and even natural disasters. Today we to protect nuclear weapons and nuclear effective public policy and advance improve- also have to be concerned about ter- energy facilities against terrorists. ments in dam safety engineering, security, rorist attacks. Much of this technology also proved and management.’’. Through a public/private partnership, valuable for securing other important SEC. 5. DAM SAFETY TRAINING. the outlook is improving for dam safe- facilities and is now helping to fight The Act (33 U.S.C. 467 et seq.) is amended— ty. Today’s legislation expands on the terrorism throughout the world and to (1) by redesignating sections 10, 11, and 12 earlier Dam Safety Act and I am very meet the Nation’s homeland security as sections 11, 12, and 13, respectively; and (2) by inserting after section 9 the fol- happy to support it. However, there is needs. lowing: The national labs can assist the Dam more that we can do and that is what ‘‘SEC. 10. DAM SAFETY TRAINING. my common sense amendment is Safety Review Board and Dam Safety ‘‘At the request of any State that has or about. Task Force by providing technical sup- intends to develop a State dam safety pro- After September 11 I visited a num- port through modeling disaster sce- gram, the Director shall provide training for ber of the many dams along the Colum- narios in other related areas. State dam safety staff and inspectors.’’.

VerDate Aug 23 2002 23:45 Sep 05, 2002 Jkt 099060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\CR\FM\A05SE7.013 H05PT1 H6070 CONGRESSIONAL RECORD — HOUSE September 5, 2002 SEC. 6. REPORTS. The bill was ordered to be engrossed Latham Oxley Skeen Section 11 ( as redesignated by section 5 of and read a third time, and was read the LaTourette Pallone Skelton this Act) is amended by striking subsection Leach Pascrell Slaughter third time. Lee Pastor (a) and all that follows through ‘‘(b) BIEN- Smith (MI) Levin Payne Smith (NJ) NIAL REPORTS.—’’. The SPEAKER pro tempore. The question is on the passage of the bill. Lewis (CA) Pelosi Smith (TX) SEC. 7. AUTHORIZATION OF APPROPRIATIONS. Lewis (GA) Pence Snyder (a) ANNUAL AMOUNTS.—Section 13(a)(1) (as The question was taken; and the Lewis (KY) Peterson (MN) Solis redesignated by section 5 of this Act) is Speaker pro tempore announced that Linder Peterson (PA) Souder amended— the ayes appeared to have it. Lipinski Petri Spratt LoBiondo Phelps (1) by striking ‘‘sections 7, 8, and 10’’ and Stark Mr. SHUSTER. Mr. Speaker, on that Lofgren Pickering Stearns inserting ‘‘sections 7, 8, and 11’’; and Lowey Pitts I demand the yeas and nays. Stenholm (2) by striking ‘‘$1,000,000 for fiscal year Lucas (OK) Platts The yeas and nays were ordered. Strickland 1998,’’ and all that follows through the period Luther Pombo at the end and inserting ‘‘$6,000,000 for each The SPEAKER pro tempore. Pursu- Lynch Pomeroy Stupak of fiscal years 2003 through 2006, to remain ant to clause 8 of rule XX, this 15- Maloney (CT) Portman Sullivan available until expended.’’. Maloney (NY) Price (NC) Sununu minute vote on passage of H.R. 4727 Sweeney (b) ALLOCATION.—Section 13(a)(2) (as redes- Manzullo Pryce (OH) will be followed by a 5-minute vote on Tancredo ignated by section 5 of this Act) is amend- Markey Putnam House Resolution 94, a motion to sus- Mascara Quinn Tanner ed— pend the rules debated yesterday. Matheson Radanovich Tauscher (1) in subparagraph (A) by striking ‘‘sec- Matsui Rahall Tauzin tion 8(f)’’ each place it appears and inserting The vote was taken by electronic de- McCarthy (MO) Ramstad Taylor (MS) ‘‘section 8(e)’’; and vice, and there were—yeas 401, nays 2, McCarthy (NY) Rangel Taylor (NC) (2) in subparagraph (C) by striking ‘‘need- not voting 30, as follows: McCollum Regula Terry ing primary assistance and States needing McCrery Rehberg Thompson (CA) [Roll No. 373] advanced assistance under section 8(f)’’. McDermott Reyes Thompson (MS) (c) RESEARCH; DAM SAFETY TRAINING; YEAS—401 McGovern Reynolds Thornberry McHugh Riley Thune STAFF.—Section 13 (as redesignated by sec- Abercrombie Crenshaw Gutknecht McInnis Rivers Thurman tion 5 of this Act) is amended by striking Ackerman Crowley Hall (OH) McIntyre Rodriguez Tiahrt subsections (c) through (e) and inserting the Aderholt Culberson Hall (TX) McKeon Roemer Tiberi Akin Cummings Hansen following: McNulty Rogers (KY) Tierney Allen Cunningham Harman ‘‘(c) RESEARCH.—There is authorized to be Meehan Rogers (MI) Toomey Armey Davis (CA) Hart appropriated to carry out section 9 $1,500,000 Meek (FL) Ros-Lehtinen Turner Baca Davis (FL) Hastings (FL) Meeks (NY) Ross Udall (CO) for each of fiscal years 2003 through 2006, to Bachus Davis (IL) Hayes Menendez Rothman Udall (NM) remain until expended. Baird Davis, Jo Ann Hayworth Mica Roybal-Allard Upton ‘‘(d) DAM SAFETY TRAINING.—There is au- Baker Davis, Tom Hefley Millender- Royce thorized to be appropriated to carry out sec- Baldacci Deal Herger Visclosky McDonald Rush Vitter tion 10 $500,000 for each of fiscal years 2003 Baldwin DeFazio Hill Miller, Dan Ryan (WI) Ballenger DeGette Hilleary Walden through 2006. Miller, George Ryun (KS) Walsh Barcia Delahunt Hilliard Miller, Jeff Sabo ‘‘(e) STAFF.—There is authorized to be ap- Wamp Bartlett DeLauro Hinchey Mollohan Sanders propriated to FEMA for the employment of Waters Barton DeLay Hinojosa Moore Sandlin such additional staff personnel as are nec- Watkins (OK) Bass DeMint Hobson Moran (KS) Sawyer essary to carry out sections 8 though 10 Watson (CA) Becerra Deutsch Hoeffel Morella Saxton Watt (NC) $600,000 for each of fiscal years 2003 through Bentsen Diaz-Balart Hoekstra Murtha Schaffer 2006.’’. Bereuter Dicks Holden Myrick Schakowsky Watts (OK) Waxman The CHAIRMAN. Are there other Berkley Dingell Holt Nadler Schiff Berry Doggett Honda Napolitano Scott Weiner amendments to the bill? Biggert Dooley Hooley Neal Sensenbrenner Weldon (FL) If not, the question is on the com- Bilirakis Doolittle Horn Nethercutt Serrano Weldon (PA) mittee amendment in the nature of a Bishop Doyle Hostettler Ney Sessions Weller Blagojevich Dreier Houghton substitute, as amended. Norwood Shadegg Wexler Blumenauer Duncan Hoyer Nussle Shaw Whitfield The committee amendment in the Blunt Dunn Hulshof Oberstar Shays Wicker nature of a substitute, as amended, was Boehlert Edwards Hunter Obey Sherman Wilson (NM) agreed to. Boehner Ehlers Hyde Olver Sherwood Wilson (SC) Bonilla Ehrlich Inslee The CHAIRMAN. Under the rule, the Ortiz Shimkus Wolf Bonior Emerson Isakson Osborne Shows Woolsey Committee rises. Boozman English Israel Ose Shuster Wu Accordingly, the Committee rose; Borski Eshoo Issa Otter Simmons Wynn and the Speaker pro tempore (Mr. Boswell Etheridge Istook Owens Simpson Young (FL) Boucher Evans Jackson (IL) GOODE) having assumed the chair, Mr. Boyd Everett Jackson-Lee NAYS—2 RYAN of Wisconsin, Chairman of the Brady (PA) Farr (TX) Flake Paul Committee of the Whole House on the Brady (TX) Fattah Jefferson NOT VOTING—30 State of the Union, reported that that Brown (FL) Ferguson Jenkins Brown (OH) Filner John Andrews Cubin Rohrabacher Committee, having had under consider- Brown (SC) Fletcher Johnson (CT) Barr Engel Roukema ation the bill (H.R. 4727) to reauthorize Bryant Foley Johnson (IL) Barrett Hastings (WA) Sanchez the national dam safety program, and Burr Forbes Johnson, E. B. Berman Lantos Schrock Burton Ford Johnson, Sam for other purposes, pursuant to the pre- Bono Lucas (KY) Smith (WA) Callahan Fossella Jones (NC) Buyer McKinney Stump vious order of September 4, 2002, he re- Calvert Frank Jones (OH) Carson (IN) Miller, Gary Thomas ported the bill back to the House with Camp Frelinghuysen Kanjorski Clay Mink Towns an amendment adopted by the Com- Cannon Frost Kaptur Condit Moran (VA) Velazquez Cantor Gallegly Keller Conyers Northup Young (AK) mittee of the Whole. Capito Ganske Kelly The SPEAKER pro tempore. Under Capps Gekas Kennedy (MN) b 1117 the rule, the previous question is or- Capuano Gephardt Kennedy (RI) Cardin Gibbons Kerns So the bill was passed. dered. Carson (OK) Gilchrest Kildee The result of the vote was announced Is a separate vote demanded on the Castle Gillmor Kilpatrick as above recorded. amendment to the committee amend- Chabot Gilman Kind (WI) A motion to reconsider was laid on Chambliss Gonzalez King (NY) ment in the nature of a substitute Clayton Goode Kingston the table. adopted by the Committee of the Clement Goodlatte Kirk f Whole? If not, the question is on the Clyburn Gordon Kleczka committee amendment in the nature of Coble Goss Knollenberg HONORING THE CONTRIBUTIONS Collins Graham Kolbe OF VENUS AND SERENA WILLIAMS a substitute. Combest Granger Kucinich The committee amendment in the Cooksey Graves LaFalce The SPEAKER pro tempore (Mr. nature of a substitute was agreed to. Costello Green (TX) LaHood JEFF MILLER of Florida). The unfin- The SPEAKER pro tempore. The Cox Green (WI) Lampson ished business is the question of sus- Coyne Greenwood Langevin question is on the engrossment and Cramer Grucci Larsen (WA) pending the rules and agreeing to the third reading of the bill. Crane Gutierrez Larson (CT) resolution, H. Res. 94.

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The Clerk read the title of the resolu- McIntyre Putnam Spratt that the CONGRESSIONAL RECORD reflect that tion. McKeon Quinn Stark McNulty Radanovich Stearns had I been present and voting, I would have The SPEAKER pro tempore. The Meehan Rahall Stenholm voted ‘‘yea’’ on rollcall No. 373 and ‘‘yea’’ on question is on the motion offered by Meek (FL) Ramstad Strickland rollcall No. 374. Meeks (NY) Rangel the gentlewoman from Maryland (Mrs. Stupak f Menendez Regula Sullivan MORELLA) that the House suspend the Mica Rehberg Sununu GENERAL LEAVE rules and agree to the resolution, H. Millender- Reyes Sweeney Res. 94, on which the yeas and nays are McDonald Reynolds Tancredo Mr. SHUSTER. Mr. Speaker, I ask Miller, Dan Riley Tanner unanimous consent that all Members ordered. Miller, George Rivers Tauscher Miller, Jeff Rodriguez may have 5 legislative days within This will be a 5-minute vote. Tauzin Mollohan Roemer which to revise and extend their re- The vote was taken by electronic de- Taylor (MS) Moore Rogers (KY) marks and include extraneous material vice, and there were—yeas 398, nays 0, Taylor (NC) Moran (KS) Rogers (MI) on H.R. 4727. not voting 35, as follows: Moran (VA) Ros-Lehtinen Terry Morella Ross Thompson (CA) The SPEAKER pro tempore (Mr. [Roll No. 374] Murtha Rothman Thompson (MS) JEFF MILLER of Florida). Is there objec- YEAS—398 Myrick Roybal-Allard Thornberry tion to the request of the gentleman Nadler Royce Thune Abercrombie DeFazio Holden Napolitano Rush Thurman from Pennsylvania? Ackerman DeGette Holt Neal Ryan (WI) Tiahrt There was no objection. Aderholt Delahunt Honda Nethercutt Ryun (KS) Tiberi f Akin DeLauro Hooley Ney Sabo Tierney Allen DeLay Horn Norwood Sanders Toomey LEGISLATIVE PROGRAM Armey DeMint Hoyer Nussle Sandlin Turner Baca Deutsch Hulshof Oberstar Sawyer Udall (CO) (Ms. DELAURO asked and was given Bachus Diaz-Balart Hunter Obey Saxton Udall (NM) permission to address the House for 1 Baird Dicks Hyde Olver Schaffer Upton Baker Dingell Inslee minute.) Ortiz Schakowsky Visclosky Baldacci Doggett Isakson Osborne Schiff Ms. DELAURO. Mr. Speaker, I take Baldwin Dooley Israel Vitter Ose Scott Walden this time for the purpose of inquiring Ballenger Doolittle Issa Otter Sensenbrenner Barcia Doyle Istook Walsh about the schedule for next week. Owens Serrano Waters Bartlett Dreier Jackson (IL) Oxley Sessions Mr. ARMEY. Mr. Speaker, will the Watkins (OK) Barton Duncan Jackson-Lee Pallone Shadegg gentlewoman yield? Watson (CA) Bass Edwards (TX) Pascrell Shaw Ms. DELAURO. I yield to the gen- Becerra Ehlers Jefferson Watt (NC) Pastor Shays tleman from Texas. Bentsen Ehrlich Jenkins Paul Sherman Watts (OK) Bereuter Emerson John Payne Sherwood Waxman Mr. ARMEY. Mr. Speaker, I thank Berkley Engel Johnson (CT) Pelosi Shimkus Weiner the gentlewoman from Connecticut for Berry English Johnson (IL) Pence Shows Weldon (FL) Biggert Eshoo Johnson, E. B. Weldon (PA) yielding. Peterson (MN) Shuster Mr. Speaker, I am pleased to an- Bilirakis Etheridge Jones (NC) Peterson (PA) Simmons Weller Bishop Evans Jones (OH) Petri Simpson Wexler nounce that the House has completed Blagojevich Everett Kanjorski Phelps Skeen Whitfield its legislative business for the week. Blumenauer Farr Kaptur Pickering Skelton Wicker The House will next meet for legisla- Blunt Fattah Keller Pitts Slaughter Wilson (NM) Boehlert Ferguson Kelly Platts Smith (MI) Wilson (SC) tive business on Monday, September 9, Boehner Filner Kennedy (MN) Pombo Smith (NJ) Wolf at 12:30 p.m. for morning hour, and 2 Bonilla Flake Kennedy (RI) Pomeroy Smith (TX) Woolsey o’clock p.m. for legislative business. I Bonior Fletcher Kerns Portman Snyder Wu will schedule a number of measures Boozman Foley Kildee Price (NC) Solis Wynn Borski Forbes Kilpatrick Pryce (OH) Souder Young (FL) under suspension of the rules, a list of Boswell Ford Kind (WI) which will be distributed to Members’ Boucher Fossella King (NY) NOT VOTING—35 offices later today. Boyd Frank Kingston Andrews Davis, Jo Ann Rohrabacher Brady (PA) Frelinghuysen Kirk Mr. Speaker, recorded votes on Mon- Barr Dunn Roukema Brady (TX) Frost Kleczka Barrett Hastings (WA) Sanchez day will be postponed until 6:30 p.m. Brown (FL) Gallegly Knollenberg Berman Hostettler Schrock For Tuesday, I am working with the Brown (OH) Ganske Kolbe Bono Houghton Brown (SC) Gekas Kucinich Smith (WA) Committee on Financial Services on Buyer Johnson, Sam Stump Bryant Gephardt LaFalce Carson (IN) Lantos the possibility of scheduling H.R. 1701, Burr Gibbons LaHood Thomas the Consumer Rental Purchase Agree- Clay Lucas (KY) Towns Burton Gilchrest Lampson Condit McKinney Velazquez ment Act for consideration in the Callahan Gillmor Langevin Conyers Miller, Gary Wamp House. The Committee on the Judici- Calvert Gilman Larsen (WA) Cox Mink Young (AK) Camp Gonzalez Larson (CT) Cubin Northup ary has had that bill under consider- Cannon Goode Latham ation today. Cantor Goodlatte LaTourette b 1132 Capito Gordon Leach On Wednesday, September 11, along Capps Goss Lee So (two-thirds having voted in favor with the minority leader, the gen- Capuano Graham Levin thereof) the rules were suspended and tleman from Missouri (Mr. GEPHARDT), Cardin Granger Lewis (CA) Carson (OK) Graves Lewis (GA) the resolution was agreed to. I hope to bring a resolution to the floor Castle Green (TX) Lewis (KY) The result of the vote was announced in remembrance of the victims and he- Chabot Green (WI) Linder as above recorded. roes of September 11. A vote on that Chambliss Greenwood Lipinski A motion to reconsider was laid on resolution will be postponed until 5 Clayton Grucci LoBiondo Clement Gutierrez Lofgren the table. o’clock p.m. on Wednesday. No further Clyburn Gutknecht Lowey f legislation is expected on the floor on Coble Hall (OH) Lucas (OK) that day, Wednesday of next week. Collins Hall (TX) Luther PERSONAL EXPLANATION Combest Hansen Lynch On Thursday I have scheduled H.R. Cooksey Harman Maloney (CT) Mr. THOMAS. Mr. Speaker, I would like the 5193, the Back to School Tax Relief Act Costello Hart Maloney (NY) RECORD to reflect that I did not vote on rollcall of 2002, which is being considered today Coyne Hastings (FL) Manzullo votes Nos. 373 and 374 because I was un- in the Committee on Ways and Means. Cramer Hayes Markey Crane Hayworth Mascara avoidably detained. Had I been present, I Ms. DELAURO. Mr. Speaker, I thank Crenshaw Hefley Matheson would have voted ‘‘yea’’ on both H.R. 4727 the gentleman. Crowley Herger Matsui and H. Res. 94. If I can, I would like to just ask sev- Culberson Hill McCarthy (MO) Cummings Hilleary McCarthy (NY) f eral questions. Cunningham Hilliard McCollum Will there be votes next Friday? Davis (CA) Hinchey McCrery PERSONAL EXPLANATION Mr. ARMEY. Mr. Speaker, I thank Davis (FL) Hinojosa McDermott Ms. SANCHEZ. Mr. Speaker, on Thursday, the gentlewoman for that inquiry. Davis (IL) Hobson McGovern Davis, Tom Hoeffel McHugh September 5, I was unavoidably detained due I must say we are working with the Deal Hoekstra McInnis to a prior obligation in my district. I request committees now. It is not clear that we

VerDate Aug 23 2002 23:45 Sep 05, 2002 Jkt 099060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\CR\FM\K05SE7.021 H05PT1 H6072 CONGRESSIONAL RECORD — HOUSE September 5, 2002 will not have votes. My best advice to little bit for the failure of the other his remarks and include therein extra- all of us is to plan on votes next Fri- body to produce a budget and maintain neous material.) day; and as soon as it becomes evident some basis by which we might work Mr. BEREUTER. Mr. Speaker, the that we will not have business to con- out some of our differences. European Union is threatening to duct on Friday, I will advise all the I, for one, am not ready to concede refuse food and livestock exports from Members and the leadership on the that a lame duck will be necessary or African countries now facing famine gentlewoman’s side of the aisle as soon in fact will be part of our experience. I which also accept any food assistance as possible. believe that at some point between now from the United States that might in- Ms. DELAURO. Mr. Speaker, does the and, say, the middle of October, we will clude genetically modified grains. This gentleman anticipate and expect the come to a point where we will be able is economic blackmail, and many peo- bankruptcy conference report to come to complete our work for the year and ple in Africa will be forced to pay with up next week? perhaps even for this Congress. So at their lives because of starvation. Mr. ARMEY. Mr. Speaker, again I this point I do not speak in terms of a In EU countries, where healthful food want to thank the gentlewoman for the high probability for what is referred to is plentiful and is subsidized to a de- inquiry. as a lame duck session. gree that is unmatched elsewhere in I believe it is very possible we might Ms. DELAURO. Mr. Speaker, I think the world, it is easy to spread harsh, be able to bring that to the floor next we concur on the issue to avoid a lame emotional rhetoric on genetically week, so I would expect Members to an- duck session. But does the gentleman modified organisms, or GMOs. How- ticipate it being on the schedule. I have think we will go beyond October 4 in ever, EU countries must examine the not worked out the final clearances on terms of adjournment? issue of GMOs from the perspective of that bill, but I do think I will by the Mr. ARMEY. Mr. Speaker, again, if Third World countries which face de- end of the day. the gentlewoman will yield, it has been bilitating famines. Third World coun- Ms. DELAURO. Mr. Speaker, I would my experience in the years I have been tries desperately need enriched, dis- like to make an inquiry about the here that it is most probable that we ease-resistant, drought-tolerant GMO Labor-HHS bill. As our kids are back will in fact be in session for at least a seed to provide a steady, nutritional to school, education is the number one week beyond the 4th. That is just a food source to feed their people. issue that faces the country. The bill matter of sort of practical prognosis, We Americans have too passively that is before us cuts education about given the experience. watched the Luddites in the EU use $7.2 billion below H.R. 1, the authoriza- Ms. DELAURO. Mr. Speaker, I thank their emotion-driven fears to stop tion bill the President signed last year; the gentleman. American GMO exports, but it is abso- and it does not have an increase for in- lutely intolerable that they are black- f flation and no increase for school en- mailing African leaders to reject Amer- rollment in it. ADJOURNMENT TO MONDAY, ican food aid in the face of famine in When does the gentleman expect the SEPTEMBER 9, 2002 that continent. Labor-HHS bill to come to the floor of Mr. ARMEY. Mr. Speaker, I ask European Union countries certainly the House? unanimous consent that when the have a moral obligation to investigate Mr. ARMEY. Mr. Speaker, I thank House adjourns today it adjourn to GMOs through sound science tech- the gentlewoman again for the inquiry. meet at 12:30 p.m. on Monday next for niques, not simply passing regulations The President’s budget and our own morning hour debates. on the basis of opinions of the Euro- budget allows us to bring that bill to The SPEAKER pro tempore. Is there pean mass media and popular culture. the floor with a 5 percent increase over objection to the request of the gen- [From the Omaha World-Herald, Sept. 4, last year’s appropriation. We will be tleman from Texas? 2002] working with the committee of juris- There was no objection. U.S. CONSCIENCE IS CLEAR diction on that, and it is my anticipa- Some African nations choose ignorance f tion we can move so; but I do not see and death. the possibility right now to announce DISPENSING WITH CALENDAR What a wrenching picture starving any scheduling of it. WEDNESDAY BUSINESS ON Zambians standing outside a bulging grain Ms. DELAURO. Mr. Speaker, I thank WEDNESDAY NEXT distribution warehouse, grain sacks empty. the gentleman for the answer to the ‘‘Please give us the food,’’ an elderly blind scheduling question, but I might add Mr. ARMEY. Mr. Speaker, I ask man pleads with aid workers. ‘‘We don’t care if it is poisonous because we are dying any- that there really is a freeze on edu- unanimous consent that the business in order under the Calendar Wednesday way.’’ cation, so that is an elusive 5 percent. Ironically—if that word is strong enough Mr. ARMEY. Mr. Speaker, if the gen- rule be dispensed with on Wednesday next. to cover impending death—the food isn’t tlewoman will yield further, I would ‘‘poisonous’’ at all. It is the same food that just mention that the gentlewoman The SPEAKER pro tempore. Is there Americans, Canadians and people from many makes the debate entertaining and in- objection to the request of the gen- other countries eat daily. It contains some formative, and I do appreciate it. tleman from Texas? grain that is genetically modified, but the major safety concern is the remote possi- Ms. DELAURO. Mr. Speaker, I thank There was no objection. bility of allergic reactions in some people. f the gentleman. Zambian President Levy Mwanawasa has This is an institution where rumors EXTENDING BIRTHDAY WISHES TO told the United Nations and the United fly all of the time. This is about ru- ALYNE BYRD States that his nation would ‘‘rather starve’’ mors of a lame duck session. Would it than feed biotech corn to its people. He per- not be better if we tried to get the Mr. ARMEY. Mr. Speaker, I ask sonally, of course, is not starving. work that we need to get done, and I unanimous consent that this body join The country has turned down more than understand that there is a lot of work me in wishing my mother-in-law, 50,000 tons of corn from the United States. to get done, and that we get it done as Alyne Byrd, a most happy birthday About 2.5 million Zambians are in danger of dying if help doesn’t come quickly. In rural we try to meet an October deadline? So this weekend. The SPEAKER pro tempore. Is there areas of the country, where drought and gov- my question is, will there be a lame ernment mismanagement have devastated duck session? Does the gentleman an- objection to the request of the gen- the fields, many people are reduced to eating ticipate that is what we are going to be tleman from Texas? leaves and twigs. faced with? There was no objection. Estimates indicate that 13 million people Mr. ARMEY. Mr. Speaker, again I f in six southern African nations, including thank the gentlewoman for her in- Zambia, are facing famine. Zimbabwe and quiry. At least I can speak for this GROWING HUBRIS IN THE Mozambique have also refused American EUROPEAN UNION help. Malawi, Leostho and Swazliand have Member and say in pointing out that taken U.S. food aid. any discussions of lame ducks are (Mr. BEREUTER asked and was As usual, it is the United States that somewhat unnerving to this Member at given permission to address the House stepped up to help these countries, not the least. Obviously, we are disconcerted a for 1 minute and to revise and extend well-fed European nations that are leading

VerDate Aug 23 2002 23:45 Sep 05, 2002 Jkt 099060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\CR\FM\K05SE7.023 H05PT1 September 5, 2002 CONGRESSIONAL RECORD — HOUSE H6073 the mob against biotech crops. When that a time when four to six million Zimbabweans zation—even if that means keeping them aid is refused by a president who would rath- approached a risk of starvation poor. One flashpoint issue is genetically en- er let his people die than believe the sweep- * * * * * gineered food. In the last two decades, this ing evidence that biotech grains are safe for food has become a part of our lives. Indeed, Precautionary European policies toward the vast majority of people—well, the igno- genetically engineered-derived vaccines and the environment are also keeping Africans rance and callousness are just staggering. medicines—targeted on diabetes, meningitis, from growing their own food. The EU has The United States can only offer. It should hepatitis, cancer—are lifesaving. Maybe been insisting that governments in Africa continue to do so. Sad as all of this is, the that’s why I never hear about American en- treat GM crops as a potentially serious innocent victims of famine and ignorance vironmentalists protesting the advance of threat to rural ‘‘biological safety.’’ This are not on America’s conscience. genetically engineered techniques; the helps explain why there are no GM crops yet greens of the U.S. don’t dare block American being planted commercially anywhere on the AFRICAN FAMINE, MADE IN EUROPE health therapies, which they themselves may continent, except in the nation of South Af- (By Robert L. Paarlberg) depend on. rica. Instead of helping Africa’s hungry to Southern Africa is suffering its worst grow more food, European donors are helping * * * * * drought in a decade. The U.N. World Food them grow more regulations. The greens of the north want pure food, Program estimates some 13 million people in African governments also must worry that and they also want the people of the south to six countries will need 1.2 million tons of accepting GM food aid will cost them com- stay pure. For their part, poor southerners food aid till March 2003 to avoid famine. Yet mercial export sales to Europe. The EU has want more food, period, and if they think ge- two countries, Zimbabwe and Zambia, have not been importing any U.S. corn since 1988, netic engineering will help them, they will spent most of the summer rejecting food aid because U.S. shipments can contain one GM fight for it. shipments of corn from the U.S. because varieties not yet approved in Europe. African some varieties of U.S. corn are ‘‘genetically governments now worry that any illicit f modified’’ (GM). Incredibly, African leaders planting of U.S. corn by farmers could jeop- SPECIAL ORDERS facing famine are rejecting perfectly safe ardize their own exports to Europe. Trying food. What is going on here? to remain GM-free for commercial export The SPEAKER pro tempore. Under REGULATORY AUTHORITIES reasons is a policy that does not help poor the Speaker’s announced policy of Jan- Farmers in the U.S. have been planting subsistence farmers, but it may soon become uary 3, 2001, and under a previous order (and Americans have been consuming) ge- the norm in Africa, once the EU moves next of the House, the following Members netically engineered corn, soybeans and cot- year toward much tighter labeling and will be recognized for 5 minutes each. ton since 1995. Regulatory authorities in the traceability regulations on all imported GM EU and Japan have also approved such GM foods and animal feeds. f crops, but in Europe food safety regulators DOCUMENTARY RECORDS PREVENTING FOREST FIRES have been mistrusted by consumers ever Even while professing that GM foods are The SPEAKER pro tempore. Under a since the unrelated but traumatizing mad safe, EU officials will soon require that they cow disease crisis of 1996. EU Commissioner be traced individually through the mar- previous order of the House, the gen- for Health and Consumer Affairs David keting chain, with legal documentary tleman from Tennessee (Mr. DUNCAN) is Byrne repeatedly states there is no scientific records to be saved by all producers and han- recognized for 5 minutes. evidence of added risk to human health or dlers for five years. African countries won’t Mr. DUNCAN. Mr. Speaker, once the environment from any of the GM prod- have the institutional capacity to imple- again, millions of acres out west have ucts approved for the market so far, and he ment this traceability regulation, so they burned, causing billions of dollars in can point to 81 separate scientific studies, all will have to remain GM-free to retain their EU-funded, that bolster this conclusion. damage. We were warned in the Sub- access to the EU market. Meat products committee on Forests and Forest But greens and GM critics in Europe say raised with GM feed are not yet covered by this absence of expected or known risks is no this new EU regulation, but Zambia’s initial Health in early 1998 and early 2000 that longer a sufficient regulatory standard. rejection of GM corn in food aid shipments this was going to happen; and then a Touting the ‘‘precautionary principle,’’ they was partly based on a fear that if the coun- few months later in 2000, 7 million argue that powerful new technologies should try lost its GM-free animal feed status, poul- acres burned, causing $10 billion worth be kept under wraps until tested for unex- try and diary exports to the UK would of damage. pected or unknown risks as well. Never mind slump. If I went out and burned down one that testing for something unknown is logi- By inducing African governments to em- cally impossible (the only way to avoid a tree in a national forest, I would be ar- brace excessively cautious biosafety, regula- rested; and yet, because of the policies completely unknown risk is never to do any- tions and by requiring stigmatizing labels thing for the first time). and costly traceability certificates for all of the past administration and fol- Europeans can perhaps afford hyper-cau- imported GM foods and feeds, wealthy and lowing these extremist environmental tion regarding new crop technologies. Even comfortable officials in Europe have made it groups, these policies have caused mil- without planting any GM seeds, European harder for drought-stricken societies in Afri- lions and millions of acres out west to farmers will continue to prosper—thanks to ca to accept food aid from the U.S. European burn and caused billions of dollars’ lavish subsidies—and consumers will remain critics of GM foods did not foresee this po- well fed. The same is not true in the devel- worth of damage. tentially deadly misapplication of their pre- This year, 20 firefighters have lost oping world, especially in Africa, where hun- cautionary principle. Yet here it is. ger is worsening in part because farmers are their lives because of the fires out not yet productive. [From the Los Angeles Times, Sept. 3, 2002] there. Also one of my constituents, a Two-thirds of all Africans are farmers, young woman firefighter in an accident THE ‘‘PURE’’ AND STARVING POOR most are women, and they are poor and hun- fighting one of the fires, has been para- ENVIRONMENTALISTS STIFLE MODERN gry in part because they lack improved crop lyzed from the waist down. technologies to battle against drought, poor AGRICULTURE IN THE THIRD WORLD Extremist groups, Mr. Speaker, pro- soil fertility, crop disease, weeds and en- (By James P. Pinkerton) demic insect problems. The productivity of test any time anyone wants to cut any JOHANNESBURG, South Africa.—The trees, even though we have many mil- African agriculture, per farm worker, has ac- apartheid system is gone, but many here at tually declined by 9% over the past two dec- the World Summit on Sustainable Develop- lions more acres in forest land now ades, which helps explain why one-third of ment seem to want to bring back a form of than 50 or 100 years ago. I will repeat all Africans are malnourished. ‘‘separate and unequal’’—for South Africa that. We have many millions more This ought to change the calculus of pre- and for the rest of the Third World—in the acres in forest land now than 50 or 100 caution. If GM-improved crops are kept out form of environmental regulation that would of the hands of African farmers, pending or 150 years ago. These groups have stifle economic development. tests for the ‘‘nth’’ hypothetical risk, or the driven many small logging companies Politically correct greens, of course, recoil ‘‘nth’’ year of exposure to that risk, the mis- out of business. Most of these fires at the thought of any kind of racism, but ac- ery of millions will be needlessly prolonged. have been caused by groups which have tions speak louder than words. So if ecologi- But now we are seeing an even less justi- cal activists from the developed countries of stopped even the thinning of forests or fied application of regulatory caution toward the north push policies that would retard ag- the removal of dead and dying trees, GM foods. Governments in Africa that are riculture in the developing south, consigning resulting in a tremendous buildup of facing an actual famine have been rejecting billions to permanent poverty, maybe they fuel on the floors of our national for- some food aid shipments because they con- deserve to be labeled ‘‘neo-apartheidists.’’ tain GM seeds. In May 2002, the government ests. of Robert Mugabe in Zimbabwe rejected * * * * * The Washington Times had a front 10,000 tons of corn shipped from the U.S. be- Today, greens still seem intent on keeping page story a few days ago which said, cause it was not certified as GM-free. This at Third Worlders innocent of advanced civili- ‘‘There are simply too many trees.’’ It

VerDate Aug 23 2002 00:59 Sep 06, 2002 Jkt 099060 PO 00000 Frm 00011 Fmt 4634 Sfmt 0634 E:\CR\FM\A05SE7.015 H05PT1 H6074 CONGRESSIONAL RECORD — HOUSE September 5, 2002 quoted Dale Bosworth, head the U.S. vent forest fires, yet, amazingly, there time in 50 years, has gone out on strike Forest Service, who said, ‘‘We have so are extremists that oppose even the re- against the Plum Island facility. many more trees out there than under moval of dead and dying trees. These workers have been without a natural conditions. There might have Professor Nelson said in many Fed- contract for 11 months. The last offer been 40 or 50 Ponderosa pine per acre at eral forests, tree density has increased that they got from the civilian con- one time. Now you have several hun- since the 1940s from 50 per acre to 300 tractor degraded their pay and their dred per acre.’’ to 500 per acre and that these forests benefits dramatically for the third The June 27 Washington Post had a are ‘‘filled with dense strands of small, time in the last 10 years. Finally, in headline reading, ‘‘Did politics put a stressed trees and plants that combine desperation, with no other alternative match to West wild lands?’’ with any deadwood to provide virtual available to them, they have gone out As I said, we were warned in the Sub- kindling wood for forest fires.’’ on strike. All they are asking for, all committee on Forests and Forest I recently read Bill Bryson’s book they are asking for at this point to go Health that these fires would occur, about hiking the Appalachian Trail. He back to work is binding arbitration; also in early 1998 that we had some 40 noted that New England was only 30 binding arbitration. How difficult is million acres in imminent and imme- percent in forest land in 1850, but is 70 that? How serious a request is that? diate danger of catastrophic fires. Yet percent in forest land today. The Knox- Binding arbitration. the political strengths of environ- ville News-Sentinel reported a couple Mr. GRUCCI. Mr. Speaker, will the mental groups were too strong to do of years ago that Tennessee was 36 per- gentleman yield? anything about it. cent in forest land in 1950, while today Mr. SIMMONS. I yield to the gen- Jay Ambrose, director of editorial it is almost half in forest land. Yet, if tleman from New York. policy for the Scripps-Howard news- I went in any school in my district in Mr. GRUCCI. Mr. Speaker, I thank paper chain, wrote that the most flam- Tennessee and asked the students there the gentleman for sharing this time mable and dead trees and underbrush if there are more trees today than 50 or with me, and we will continue this dia- should have been removed, but ‘‘the ex- 150 years ago, they would probably all logue in the next 5 minutes as well, but treme environmentalists hate the pros- say there are many, many fewer trees I do want to join in with my colleague, pect. It is unconscionable to them that today. the gentleman from Connecticut (Mr. anyone might make money off the for- Mr. Speaker, there has been a tre- SIMMONS). I represent the First Con- ests. Never mind that a multi-use, pri- mendous amount of brainwashing gressional District of New York where vate-public plan would help save the Plum Island is indeed housed. I share national forests from high-heat scorch- going on about this type of issue, but we need to cut some trees so we can with him his passion for our workers, ing fires that will slow renewed the men and the women who make up growth, and never mind that mechan- stop these horrendous forest fires out West. Local 30 of the Operating Engineers. ical thinning would give firefighters a Indeed, they do have a legitimate gripe chance of controlling fires and pro- f against LL&B, the managing entity for tecting homes without risking their The SPEAKER pro tempore (Mr. Plum Island. We are talking about own lives.’’ JEFF MILLER of Florida). Under a pre- being 50 cents apart that would bring b 1145 vious order of the House, the gen- conclusion to this strike, that would tleman from California (Mr. FILNER) is bring conclusion to them being without Mr. Ambrose ended by saying, ‘‘The recognized for 5 minutes. extremist ideology spits on private en- a contract for 11 months. (Mr. FILNER addressed the House. As I said to those in the Department terprise.’’ His remarks will appear hereafter in Mr. Speaker, these fires are con- of Agriculture and as I said to those in the Extensions of Remarks.) tinuing. We have been holding a hear- the White House, and as I said to those ing today in the Committee on Re- f who manage LL&B, we have a much sources about this important issue bigger picture here than just the 75 em- CONFLICT RESOLUTION AT PLUM ployees that are at Plum Island who I with the Secretary of the Interior and ISLAND RESEARCH CENTER the Secretary of Agriculture. The Con- care for very deeply; we also have the gress passed a law in the mid-1980s that The SPEAKER pro tempore. Under a whole issue of our homeland defense. the environmentalists wanted saying previous order of the House, the gen- As Plum Island moves out from under that we would not cut more than 80 tleman from Connecticut (Mr. SIM- the umbrella of the Department of Ag- percent of the new growth in the na- MONS) is recognized for 5 minutes. riculture and is hoped to be a part of tional forests. Now we have approxi- Mr. SIMMONS. Mr. Speaker, I am homeland defense, we must make sure mately 23 billion board feet of new joined here today by my colleague, the that the employees are treated fairly growth each year, but we are only al- gentleman from New York (Mr. and are treated equally as they were lowing less than 3 billion board feet, GRUCCI), of the Second Congressional before the switch into homeland de- less than one-seventh of the new District of New York. I, of course, rep- fense. I said to those folks, make sure growth to be cut. This is less than half resent the Second Congressional Dis- that you do not jeopardize the intent of of the dead and dying trees. This has trict in Connecticut. We share a com- the President to have a homeland de- led to a tremendous fuel buildup on the mon border that runs right down the fense that has indeed incorporated floor of the forests and is the main rea- center of Long Island Sound. Located Plum Island into it, because if you do son for these fires that we have been in the center of Long Island Sound is not treat our employees properly, if having out West. the Plum Island Research Center, an you do not treat them with the respect Robert Nelson, a professor at the activity of the U.S. Department of Ag- that they deserve, if you do not treat University of Maryland, wrote a col- riculture which, for 50 years, has been them fairly, I cannot support it, and umn and said, ‘‘In fact, over the last engaged in very sensitive scientific re- you will be held responsible, LL&B, for decade, it was more important to the search into animal diseases. This is a the actions taken by you against a Clinton administration to promote wil- very sensitive and very important ac- number of people who are only asking derness values by creating roadless tivity, especially now, especially now for an increase of 50 cents towards areas and taking other actions to ex- when issues of bioterrorism raise the their medical portion of their health clude a human presence. This aggra- question as to whether America’s food care costs. vated last summer’s tinderbox forest supply is safe. I know that the gentleman from Con- conditions and continues to threaten It is against this backdrop of na- necticut shares with me not only the public land.’’ He said Federal policies tional security and against this back- concerns for the employees and the sci- have ‘‘produced an enormous buildup of drop of Long Island Sound, a very pre- entists, but that very precious body of small trees, underbrush and deadwood cious and important environmental water that lies between Connecticut that provide excess fuels to feed asset, that I rise today to make my re- and Long Island, which is the Long Is- flames.’’ marks in support of the Operating En- land Sound, and we have been working Mr. Speaker, you have to cut some gineers Local 30 of the AFL–CIO which, together on a number of those issues trees to have a healthy forest and pre- for the first time in 50 years, the first like bringing $11 million back to help

VerDate Aug 23 2002 23:45 Sep 05, 2002 Jkt 099060 PO 00000 Frm 00012 Fmt 4634 Sfmt 0634 E:\CR\FM\K05SE7.026 H05PT1 September 5, 2002 CONGRESSIONAL RECORD — HOUSE H6075 purify and clean that pristine body of the members and the leadership of of the workforce and has put tremen- water. But today we are here to talk Local 30, and I have been in constant dous burdens and pressures on them. about the employees of Plum Island. communication with the White House To take away pay and benefits at the Mr. SIMMONS. Mr. Speaker, I thank on this issue, and I have spoken to the same time and to ignore binding arbi- the gentleman for his comments. It is Under Secretary and to the Secretary tration requests and, in fact, it appears always a pleasure to work with him of Agriculture on this issue; I have spo- to ignore a request for mediation that across district lines, across State lines, ken to a number of people at LL&B on was supposed to have taken place on but for the common good and for a this issue to bring this thing to conclu- September 4, is ridiculous under the common purpose. sion, and we have offered a mediator to circumstances. The interesting thing about Plum Is- come in to mediate these problems. Let me just share with the Chamber land is that over the 50 years of its sen- The gentleman whose name was put one situation we had a few years ago sitive and secure research, there have into consideration, and, I may add, has with the Naval Underwater Warfare not been any significant accidents or been accepted by the union as a viable Center in New London and in Newport, issues that might concern us, but the alternative to the strike that we have Rhode Island. When that facility was question has to be raised: If all of the going on out there, is the Commis- consolidated in Newport, all of the sci- operating engineers, the people that sioner of Labor for Suffolk County, entists who lived west of New London operate the boats, the people that oper- Jack O’Donnell. Jack has a long and were now going to have to commute for ate the water systems, the people that rich history in negotiating labor dis- an hour and a half to work. Many of operate the incinerators and the air- putes between government and between the senior scientists retired or resigned conditioning systems of this sensitive labor and guiding them to a successful because they did not want to do the biological research facility are taken and complete resolution in the best in- commute. If Plum Island happens to be off the island and are not there because terest of all parties concerned. We have shut down because management cannot of this strike, the people who are li- not heard back from LL&B as to accommodate the marginal requests of censed to operate all of these facilities whether or not they would accept Mr. the workers, where is this research are not there and we bring in outside O’Donnell as the mediator, but we going to be moved to? Ames, Iowa. And workers from other facilities around would encourage them to please con- all of the dozens and dozens of skilled the country, which bear no relation- sider this. It is very, very important scientists and workers out there are ship to this kind of research, what that we bring this to conclusion. going to have to make this critical risks exist? I realize that the managers There is an issue about safety on the choice: Do I move to Iowa, or do I find say everything is great, everything is island. We care very deeply about that. another job? fine. I do not believe it. I think that Plum Island’s animal disease research Mr. Speaker, we have a situation there is a security issue that we have work is being done at bio-safety level 3. here which is ridiculous, because the to be concerned about. I think that the We are concerned that any change in capabilities of this facility that has sensitive mission that takes place out that would have a Draconian effect on been operated smoothly for 50 years is there is being disrupted because of the the safety of the community and the now at risk, and at a time when bioter- strike, and it is over a few nickels and people who live in that area, as it rorism and threats to the food supply dimes of health benefits and health would now be able to do diseases and are so critical, it is absurd, it is absurd care. work on diseases that have no known that the debate over these nickels and Mr. Speaker, this is a ridiculous situ- cures. So one of the things that I dimes for health care should be allowed ation for us to be in, when this body worked on on the Committee on to be sustained. has authorized and appropriated lit- Science, as Plum Island was moving to erally billions of dollars in the fight homeland defense, was that an amend- b 1200 against international terrorism and ment be added that for any change in Mr. GRUCCI. As my colleague will yet we are shortchanging reliable, hon- operation, the Department of Agri- attest to, the work done at Plum Is- est, decent workers right here at home, culture or the new Homeland Defense land has been exemplary. Those in the right out there on Plum Island. Department, must notify Congress so scientific community, those in the Mr. GRUCCI. Mr. Speaker, I agree that we can have our voices heard on maintenance field, those who work on wholeheartedly with all of the com- this decision, so that those who work Plum Island have done an outstanding ments and associate myself to them of on the island, those who live in that job, and it has just come to my atten- the gentleman from Connecticut. One community, and those who share a tion that the teams did meet yester- of the things that is hard for other peo- common boundary with Plum Island day. We are hoping to bring them to ple to understand is that when you can make sure that their quality of life conclusion. look at the cost of living on Long Is- is safe. I see that my time has expired, but land and certainly out in that region, I yield now to my colleague, the gen- let me close by saying I am squarely in it is very costly, and to bring this to tleman from Connecticut (Mr. SIM- support of the union and the labor conclusion would be the right thing. MONS), representing the Second Con- movement on this. I think they are f gressional District, as we share com- right. This is an issue of 50 cents, and mon ground, not only with the Long Is- for LL&B to close out any opportunity CONTINUED DISCUSSION OF CON- land Sound, but with workers on Plum for them to come to conclusion is FLICT RESOLUTION AT PLUM IS- Island. wrong. We need to bring this to a suc- LAND RESEARCH CENTER Mr. SIMMONS. Mr. Speaker, I thank cessful end. The SPEAKER pro tempore. Under a the gentleman from New York. I have f previous order of the House, the gen- had the opportunity to go to the picket The SPEAKER pro tempore (Mr. tleman from New York (Mr. GRUCCI) is line in my district in Connecticut and JEFF MILLER of Florida). Under a pre- recognized for 5 minutes. meet and talk with all of the workers vious order of the House, the gentle- Mr. GRUCCI. Mr. Speaker, I rise to there. They want to get back to work. woman from California (Mrs. DAVIS) is address the House today and to share One of them said his wife is 7 months recognized for 5 minutes. in a colloquy with the gentleman from pregnant. He is concerned about the fu- (Mrs. DAVIS of California. addressed Connecticut (Mr. SIMMONS), and to con- ture of his job. She is concerned about the House. Her remarks will appear tinue this discussion that we have been whether he will have enough money hereafter in the Extensions of Re- having on Plum Island and Plum Island over the next couple of months so that marks.) issues. they can deal with the arrival of a We have been talking about the need firstborn. f for this debate that is taking place Many of these workers have been out The SPEAKER pro tempore. Under a about 50 cents for health care benefits there for many years. They enjoy their previous order of the House, the gentle- to come to conclusion. One of the work and they are good at it. But this woman from the District of Columbia things that I have offered up, as I have contracting and recontracting and re- (Ms. NORTON) is recognized for 5 min- been in constant communication with contracting has degraded the numbers utes.

VerDate Aug 23 2002 23:45 Sep 05, 2002 Jkt 099060 PO 00000 Frm 00013 Fmt 4634 Sfmt 0634 E:\CR\FM\K05SE7.030 H05PT1 H6076 CONGRESSIONAL RECORD — HOUSE September 5, 2002 (Ms. NORTON addressed the House. resolution to the Middle East conflict. verse groups of constituents, a lot Her remarks will appear hereafter in It would also inflame anti-American more questions than certainty about the Extensions of Remarks.) sentiment in the region. Diplomacy the President’s position on Iraq. In f and coalition building aside, the mili- fact, there is a great deal of misgiving tary challenges of war and especially in my district, as I believe there is IRAQ its aftermath in Iraq are still quite for- abroad in the land. The SPEAKER pro tempore. Under a midable. Iraq, like Afghanistan, is a The gentleman who preceded me previous order of the House, the gen- multi-ethnic, multi-cultural nation made an eloquent case on a number of tleman from Massachusetts (Mr. with no apparent popularly supported points, and I will not repeat those but MCGOVERN) is recognized for 5 minutes. opposition. Armed paramilitary and I will emphasize a few others. Mr. MCGOVERN. Mr. Speaker, during clandestine organizations opposed to a I am today sending a letter, along the August recess, I had the oppor- U.S.-led occupation of Iraq are likely with 17 other Members of Congress, to tunity to meet with a number of my to engage in guerrilla attacks against the President. We are pleased that the constituents from all walks of life and American soldiers. Internal strife and President has now recognized the con- hear what was on their mind. The ques- even civil and ethnic war are even stitutional authority of the Congress tion that came up over and over was more likely. Experts on Iraq from both to declare war and about the fact that are we going to invade Iraq and, if we prior Republican and Democrat admin- he will come to Congress for approval were, what did that mean? How many istrations have indicated that it could for a war against Iraq. troops would it take? Would we have to take a decade or more of U.S. troops At this point, I would venture and attack civilian centers? How long occupying Iraq before it is stable once hope that Congress would not be will- ing to grant such approval to the Presi- would we have to stay in Iraq? Would more. our allies join us? How much would it I will listen closely to the speech dent, given the lack of specificity and cost? Who would rule Iraq after we in- that President Bush will deliver next the many questions that need to be an- vaded? How would this affect our ef- week at the United Nations. I welcome swered. Among the questions that need to be forts in Afghanistan? How would this the fact that the administration has affect our efforts to promote peace in answered are the following: decided to reach out to our allies and What is the threat posed by Saddam the Middle East? to work with the United Nations on I have thought long and hard about Hussein to the United States? this matter. The President has also UNSCOM said they destroyed 90 to 95 this matter as I am sure all of my col- made the right decision to come before leagues have. I believe the questions percent of their weapons of mass de- Congress and seek specific authoriza- struction. Is there convincing evidence my constituents have raised are legiti- tion for any military action in Iraq. of renewed production of chemical and mate and require genuine and detailed Many questions remain to be answered biological weapons? Is there evidence replies. I also believe that as a Member before deciding how best to prevent the that Iraq has successfully produced a of this body, I need to know in very regime of Saddam Hussein from devel- nuclear weapon? Is there evidence Iraq specific detail how the United States oping or deploying offensive weapons has produced a reliable delivery system will find and allocate the necessary re- against other nations. for weapons of mass destruction? sources for such a venture without In the meantime the U.S. and the Are there new developments that jeopardizing our current priorities in international community must con- mean Iraq poses an imminent threat to Afghanistan and the Middle East. tinue to put maximum pressure on the the United States, and therefore re- Dismantling and destroying the al Iraqi regime and press for resumption quires immediate attention? A year Qaeda terrorist network and stabilizing of unconditional international weapons ago, the administration did not seem and restoring a functioning representa- inspections. The President should con- to think that. What has changed in tive government in Afghanistan are top tinue to work through the United Na- that intervening time? If not, would a priorities for U.S. policy. tions Security Council, and the U.S. policy of enforcing no-fly zones, vig- We are a long way from achieving should exercise restraint and continue orous weapons inspections, military these goals. Known al Qaeda and to build an international coalition, in- sanctions be effective in containing Taliban fighters continue to operate in cluding Arab nations, dedicated to and/or reducing the perceived threat, parts of Afghanistan and Pakistan. completing the job in Afghanistan and given the success of such strategies Other top al Qaeda leaders are known willing to work jointly for more genu- over the last decade? to be in Iran. Al Qaeda funds have been inely representative government in Is there any convincing evidence that relocated to Sudan. The task of cre- Baghdad. Iraq planned, authorized, committed, ating a stable post-conflict government Mr. Speaker, in conclusion let me or aided the terrorist attacks that oc- in Afghanistan has barely begun, and just say that I am deeply concerned curred on September 11, or harbored warlords are reasserting their hold with the policy that the administra- such organizations or persons? That over former territory. Development aid tion has articulated thus far on Iraq. It would give some authority to act with- has been slow to arrive and even slower will take a far more compelling presen- out a specific grant from Congress, but to take effect, and most is unable to tation to convince me and many of my the administration has not made that reach very far beyond Kabul. constituents that war is the right and case. Mr. Speaker, I recognize that it will only course remaining for the United Is there convincing evidence that take years for Afghanistan to become States to take in Iraq. Iraq has shared its knowledge of bio- truly stable and able to meet the needs f logical, chemical, or nuclear weapons, of its own people, but right now the or the weapons themselves, with other country is already beginning to slip SEPTEMBER 5, 2002, LETTER TO nations or terrorist organizations? How backward. It is imperative that we stay PRESIDENT BUSH REGARDING does the threat of Iraq doing so com- the course and succeed in Afghanistan, IRAQ pare with the threat posed by Iran, and it will cost the United States a The SPEAKER pro tempore (Mr. Pakistan, China, North Korea, or a great deal in time, personnel, effort, JEFF MILLER of Florida). Under a pre- number of other nations that are and money. vious order of the House, the gen- known to possess weapons of mass de- Completing the mission in Afghani- tleman from Oregon (Mr. DEFAZIO) is struction, some of whom are known to stan requires holding together the recognized for 5 minutes. be sharing and selling such informa- international coalition Washington as- Mr. DEFAZIO. Mr. Speaker, I, too, tion? sembled following the September 11 at- just returned from a month in my dis- How does the administration intend tacks. War in Iraq, especially any uni- trict, and spent a good deal of time to assure Iraq does not become balkan- lateral action, would almost certainly traveling the district and talking with ized? This was the problem that was shatter that coalition and alienate sig- my constituents. I have a district that confronted by Colin Powell and the fa- nificant partners. A unilateral U.S. in- in fact voted in the majority for ther of President Bush when they de- vasion of Iraq will make it difficult to George Bush, and yet, I found, widely cided not to go to Baghdad, as they get Arab support for a fair and lasting traveling my district, talking to di- said at the time.

VerDate Aug 23 2002 23:45 Sep 05, 2002 Jkt 099060 PO 00000 Frm 00014 Fmt 4634 Sfmt 0634 E:\CR\FM\K05SE7.034 H05PT1 September 5, 2002 CONGRESSIONAL RECORD — HOUSE H6077 Will Iraq become balkanized? If it Time Magazine by Patti Davis, Presi- are frequently such deep wells, I have to look does, what happens with Turkey? What dent Ronald Reagan’s daughter, dis- away. A 50-year marriage is full of intimate happens with the Kurds wanting their cussing her family’s battle with Alz- memories that live in the blood of lovers and own nation? What happens with the heimer’s. I include that for the life partners—memories that are both bene- diction and punishment. So much life has Shi’as in Iran? What happens with the RECORD. been shared, and so much has been lost. long-term prospects for the governance The article referred to is as follows: I could tell you that I don’t fear getting of Iraq itself? [From Time, Aug. 26, 2002] the disease myself because I know how toxic I witnessed a Republican Senator THE FACES OF ALZHEIMER’S fear is, how paralyzing. But in the next saying we were going to rule Iraq. The (By Patti Davis) breath I would have to tell you that there are late hours of the night when I lie awake United States of America is going to WE LEARN ABOUT THE DISEASE BY LOOKING INTO and wonder what fate has in store for me. rule Iraq alone, without allies? Has THE EYES OF VICTIMS—AND THEIR FAMILIES At other times, I study photographs of my anybody really thought about what The day after the first anniversary of my father from many years ago, or film clips. I that would mean? sister Maureen Reagan’s death, Charlton don’t want to forget how his eyes used to What are the potential disruptions to Heston announced that he had been diag- look. Alzheimer’s teaches a harsh lesson— the United States economy? We have nosed with ‘‘symptoms consistent with early that the past is like the rudder of a ship. It some problems here at home. I have a stages of Alzheimer’s.’’ Sometimes in life, keeps you moving through the present, lot of unemployed people in my dis- there are odd juxtapositions of events—an steers you into the future. Without it, with- trict, the highest unemployment rate interplay of circumstances that makes one out memory, you are unmoored, a wind- pause and wonder what forces are at work. in the Nation in my State. tossed boat with no anchor. You learn this This was one of those times for me. Maureen by watching someone you love drift away. What are the potential economic dis- was so committed to defeating the scourge of I woke last night and listened to the si- ruptions that might come from a war Alzheimer’s, to getting more funding for re- lence. It was a late, deep hour, long after with Iraq? Would it lead to a disruption search and increasing understanding of the midnight, long before dawn. I though about of oil supplies? Would it drive up the disease that she sometimes delayed her own how, for someone with Alzheimer’s, silence price of oil dramatically, as it did in treatment for the melanoma that eventually must be like a prison, another corner of the the last Gulf War? How much would killed her. wasteland. There can be nothing soothing or Maureen would have tirelessly done inter- serene about it. such a war cost the United States of views on Aug. 9; instead, her husband Dennis America and its taxpayers? What are Perhaps the next time members of Con- Revell spoke to the media, as did the actor gress assemble to decide how much money to the risks to our troops? What are the David Hyde Pierce, who lost both his grand- set aside for Alzheimer’s research, they risks in terms of a long-term occupa- father and his father to Alzheimer’s. My should be asked to listen to silence dif- tion? mother released a statement. Maureen’s ferently, as if it were a jail sentence. Maybe We have not yet resolved the situa- voice had been silenced, but her activism, then they would look into their hearts and tion or stabilized the situation in Af- her determination, were still present. know that if stopping a disease that is stalk- ghanistan, which is a country that had We learn about diseases through the faces ing so many is not a top priority, we have of those who are stricken. Famous faces gar- lost our collective heart as a nation. no discernible military, no weapons of ner the most attention, obviously. When we mass destruction. They did harbor ter- think of Alzheimer’s, my father’s face comes During the August recess, I had the rorists. It was a rogue regime. But yet, to mind. Or Iris Murdoch’s. And now opportunity to speak to the Houston the United States of America, with a Heston’s. When Parkinson’s is mentioned, we Alzheimer’s Association’s educational substantial number of allies around the picture Michael J. Fox or Muhammad Ali. symposium in Houston with Dr. Rachel world, has yet to bring settled condi- But there is another way that faces tell the Doody, who has a well-known research tions to that country. Yet, we are story. You have to lean closer, look carefully program at Baylor College of Medicine about to depart for a much larger na- into the eyes, study the set of the jaw and in the Texas Medical Center. The num- the tilt of the head. I recognized more than ber of people at that event, it amazed tion who has not been involved, as far the famous visage of Heston when I saw his as has been revealed to Congress or the taped announcement. I saw the first shallow me. It was the first time I had the op- people of the United States, in the at- waves of a cruel disease lapping at the edges portunity to address that group and see tacks upon our country, has not posed of the person he has always known himself how many people were interested. a credible threat to the United States to be. I recognized it because I saw the same The battle that we have affects far or our allies. However, we are off on look in my father’s eyes eight years ago. too many Americans. More than 4 mil- another adventure. In the early stages of Alzheimer’s, the eyes lion Americans, one in ten over 65 and have a wariness, a veil of fear. It’s as if the Is this left-over business from George nearly half those over 85, suffer from person is standing at the edge of a fog-bank, Alzheimer’s disease. With the aging Bush’s father’s administration? It knowing that in time it will engulf him and seems like a number of the most there is no chance of outrunning it. I used to baby boom population, unless a cure is hawkish people in his administration see my father’s eyes simultaneously plead found, 14 million Americans will have are people who served in his father’s and hold firm. It would happen when a sen- Alzheimer’s by 2050. administration, who still regret the tence broke off because he couldn’t remem- I personally have been touched by fact that they did not pursue the war ber how to finish it. Or when he would say, Alzheimer’s when my mother-in-law to an end then, and they want to re- ‘‘I have this condition—I keep forgetting was diagnosed with this disease several things.’’ He was on a high wire, balancing on visit the issue. years ago. I know firsthand the incred- courage, with the dark waters of fear below, ible toll Alzheimer’s has on not only Many questions need to be answered and he was using every bit of his strength to before this Congress should extend au- cling to that wire. that person, but also the family. As a thority to the President to wage a war Slowly—sometimes over months, some- family member, I know the heartache against Iraq, the first preemptive war times over years—the eyes stop pleading. of watching a vibrant and active and in the history of the United States of There is a resignation, an acceptance of dis- independent loved one become lost in a America. tance, strangeness, a life far from home. You world of confusion, isolation, and de- know the look when you see it, and the only f spair. I know the frustration that there mercy is that fear seems to have subsided. are so few treatments and no cure to ALZHEIMER’S The eyes of family members change too. My brother Ron’s eyes show the sweet sto- this disease. The SPEAKER pro tempore. Under a icism that men seem born to possess. But As a policymaker, I am concerned by previous order of the House, the gen- looking more intently, I see the bubble of the staggering economic burden of this tleman from Texas (Mr. GREEN) is rec- pain beneath the surface. A father’s helpless- illness. The U.S. society spends at least ognized for 5 minutes. ness has to tear at the fibers of a son’s heart $100 billion a year on Alzheimer’s. Nei- Mr. GREEN of Texas. Mr. Speaker, I like a dull blade. My own eyes have too ther Medicare nor most private health rise today to discuss a serious disease much history in them, I often think. I was insurance covers the long-term care or illness that affects a great many in the little girl who worshipped her father, and many patients need. Alzheimer’s dis- our country. It is Alzheimer’s disease. the young women who hurt him the way ease is costing American business $61 daughters do when their love is needy and I have been a longtime advocate for true. Now I look at him in a soft, maternal billion a year: $36.5 billion is the cost increasing research for treatment and way, which still feels odd to me, even after to business of caregiving, and the rest cures for Alzheimer’s. I was particu- all these years. As if the laws of nature have is the business share of the cost of larly touched by a recent article in been turned upside down. My mother’s eyes health care and long-term care.

VerDate Aug 23 2002 23:45 Sep 05, 2002 Jkt 099060 PO 00000 Frm 00015 Fmt 4634 Sfmt 0634 E:\CR\FM\K05SE7.036 H05PT1 H6078 CONGRESSIONAL RECORD — HOUSE September 5, 2002 While I am proud that the National bomb had taken the lives of many indi- and 401(k)’s? Are we telling my con- Institutes of Health spends almost $599 viduals in one of their major cities. stituents that we are bringing relief to million on Alzheimer’s disease re- Just a few months ago, we made the them? Every day their homes are on search, that number seems insignifi- decision to ensure that those who com- the foreclosure list because they have cant in light of the cost of this disease. mitted the horrific act would under- no jobs in Houston, Texas. We must do more to study the causes stand that America takes care of its Are we letting them know that right and risk factors of Alzheimer’s and to own. And I voted for that resolution to now we are paying a billion dollars a develop a new way to diagnose the dis- go after the terrorists. Today, however, month in Afghanistan and we do not ease, and to develop new methods for I think it is important that the Amer- know when it will end for the war we treatment and caregiving. ican people be informed on the recent are waging there? And we have no Five years ago, Congress made a raging debate regarding Iraq. endgame to any war with Iraq. One commitment to double the budget of The best thing about what we are year, 2 years, 20 years, millions and the NIH so more money could be in- hearing is that this is not a political millions and billions of dollars. And vested to find a cure for many diseases, debate. It is, in fact, a debate of con- have we looked at the Constitution such as Alzheimer’s. I have been a science, and a debate that rages among which clearly states that we as a Con- longtime proponent of doubling the Democrats and Republicans and Inde- gress have a right to declare war. The funding for NIH, and hope we will be pendents. It is one that will require War Powers Resolution of 1973 in its able to achieve our goal of doubling the America to be informed. And I would opening language said we are sending NIH budget in this, the final year of simply say to those who may be listen- this forward because it helps to col- that commitment. ing as I bring this issue to the floor laborate and to emphasize the relation- But there are other things Congress that we need to engage the American ship between the Executive and the can and should do to aid in the fight people and provide them with informa- Congress, and that the Congress has against Alzheimer’s. We must ensure tion. It is imperative that we go home the purse strings and the right to de- that the individuals who care for peo- to our congressional districts and have clare war. And if there is need for a ple with Alzheimer’s have the re- citizen summits so that information preemptive strike to protect this land, sources they need to keep their family can be translated. the Executive, the Commander in Chief members at home as long as possible. But let me begin to enunciate, if you can go in for 60, 90 days without the au- will, what is the conflict and the confu- thority of Congress. b 1215 sion with such a debate. First of all, it We were together in World War II We should pass legislation which al- concerns all of us that this debate when we were attacked in Pearl Har- lows individuals to deduct their long- would be raging in the press with no in- bor. We have been together before. But term care expenses from their income formation that connects the need to in- it is important for the American people tax and would help alleviate some of vestigate or to attack Iraq and reality. to be informed. It is important for us the financial burdens on the family It is interesting that we have noted to have an agenda, to put the economy caring for a loved one with Alz- by Members of the other body that first. It is important to ask the ques- heimer’s. We should pass legislation there is no scintilla of evidence that tion why. What relevance is it? Are we in an imminent attack? which would provide respite care for connects at this point Iraq with the I ask, Mr. Speaker, that this debate these caregivers. These are just a few horrific acts that occurred in the past be long and protracted and that no steps Congress should take. year. There is no evidence that Iraq at this point has nuclear weapons. The vote be taken without the American I urge the leadership to take up these people knowing what is going on. That bills and do everything we can to sup- case has not been made. But we have not said to the American people this is would be my voice, a continuous voice port the millions of Americans who speaking out against this process and suffer from Alzheimer’s. I would like to different from Kuwait, when Iraq at- tacked Kuwait when we had the coali- this potential attack without the close with a quote from Patty Davis’s American people. article in Time magazine of last week: tion of Arab allies as well as our allies ‘‘Perhaps the next time Members of around the world. f Congress assemble to decide how much What is not being focused on is the NEEDED PRESCRIPTION DRUG money to set aside for Alzheimer’s re- loud and resounding voice of those who BENEFIT search, they should be asked to listen oppose even the mere discussion of The SPEAKER pro tempore. Under to silence differently as if it were a jail what is going on, meaning our allies. the Speaker’s announced policy of Jan- sentence. Maybe then we would then For those of us who care about our uary 3, 2001, the gentleman from North friends around the world, and those in look into their hearts and know that if Carolina (Mr. HAYES) is recognized for stopping a disease that is stalking so the region like Jordan and Israel, do 60 minutes as the designee of the ma- many is not a top priority, maybe we we even know what the ultimate im- jority leader. have lost our collective heart as a Na- pact will be on those neighbors? Mr. HAYES. Mr. Speaker, I yield to tion.’’ What is the difference of sending 75 the gentleman from Texas (Mr. HALL). to 100,000 troops and maybe more of our Mr. HALL of Texas. Mr. Speaker, I f young men and women in this Nation, thank the gentleman from North Caro- The SPEAKER pro tempore (Mr. those U.S. military personnel who we lina (Mr. HAYES) for yielding to me. JEFF MILLER of Florida). Under a pre- love and respect, who at the drop of a And I also really appreciate the fact vious order of the House, the gen- hat will go and fight for our freedom that he, as the Speaker’s designee, will tleman from Illinois (Mr. DAVIS) is rec- and justice? What is the determination talk on something as important as pre- ognized for 5 minutes. as it relates to them going on soil, for- scription drugs. Actually, it is a mat- (Mr. DAVIS of Illinois addressed the eign soil, where we know that a caged ter that we should have said stayed House. His remarks will appear here- animal such as Saddam Hussein will do here during the month of August and after in the Extensions of Remarks.) anything to survive? Have we told the worked on. It is a matter that we find f American people how long and how our senior citizens missing meals in costly? Have we proposed to the Amer- order to buy their prescriptions. That FREE DEBATE OVER THE WAR ican people a resolution on the dev- is something we should just not tol- WITH IRAQ astating economy that we are facing, erate in this country. The SPEAKER pro tempore. Under a jobs being lost across this land and We have tried everything in the previous order of the House, the gentle- people begging us to define an eco- world here on the floor and in our com- woman from Texas (Ms. JACKSON-LEE) nomic policy that will put them back mittees and in our visits with one an- is recognized for 5 minutes. to work, that will give them costly or other to solve this problem. We sent Ms. JACKSON-LEE of Texas. Mr. cost-efficient health care, that will two bills over last session. Neither one Speaker, this morning before we began provide for their children going to of them came back from the Senate. our legislative business, news rang out school? Are we answering the hard I have a practical solution that I am from Afghanistan that another car questions of protecting their pensions suggesting to the gentleman from

VerDate Aug 23 2002 23:45 Sep 05, 2002 Jkt 099060 PO 00000 Frm 00016 Fmt 4634 Sfmt 0634 E:\CR\FM\K05SE7.038 H05PT1 September 5, 2002 CONGRESSIONAL RECORD — HOUSE H6079 North Carolina (Mr. HAYES), and I will conditions that required treatment b 1230 support him and work on with him on previously by extensive hospitalization Partial premium subsidy, for couples this. I want to tell him a small, quick or invasive surgical procedures are now earning up to $19,000. story. able to be treated with medications. This plan would provide immediate We have the President of the United Given that and a number of other rea- discounts on drug purchases. Seniors States, a fine young man, courageous sons, it is all the more appropriate that would benefit immediately from dis- young President, Commander in Chief we provide a prescription drug benefit counts, approximately 15 percent or of our Army, Navy, Marine Corps and for our seniors, given not only the ne- more on their purchases through a all of that; but he was also Governor of cessity for prescription drugs to im- Medicare-endorsed discount card pro- Texas at one time. And as Governor of prove the quality of life for our seniors gram. Beneficiaries choose the plan Texas, he headed up the Texas Rangers. and to give them the support that they that is best for them. A choice of at Texas Rangers are known for the fact so richly deserve for supporting us for least two plans is included in the House that one Ranger can handle one riot. many years, but the point is it is ap- package. It guarantees competition, My suggestion is that this President propriate from a factual standpoint to and competition helps hold down costs. work with our present Governor and upgrade our treatment of Medicare to Quality improvements: to improve get some Texas Rangers, go down to reflect the modern-day miracles of the health care for seniors; protection Laredo, Texas, and cross the Rio practice of medicine. against adverse drug interactions; elec- Grande, go into Mexico and go to the Mr. Speaker, I would like to call to tronic prescribing to minimize poten- first drug store they get to and go in your attention and the body the fol- tial medical errors; pharmacy therapy there and ask that pharmacist to come lowing information from the Constitu- management for chronic conditions; out in the middle of the street and let tion. The House of Representatives has mechanic modernizations; a rural relief that Ranger talk to him and let that passed a prescription drug plan under package for underpaid rural hospitals. Ranger ask him, How do you sell pre- Medicare in a bipartisan manner. The Again, vitally important pieces for the scription drugs down here for 10 per- U.S. Constitution, article 1, section 7, plan; and yes, this plan provides cata- cent of what our people can buy them clause 2 says: ‘‘Every bill which shall strophic coverage for those seniors for in the United States when you buy have passed the House of Representa- most in need of financial assistance. yours from the United States? tives must also pass the Senate before No senior should ever be forced to If we can solve that riddle, we are on it becomes law.’’ choose between buying their prescrip- page one. Mr. Speaker, I would like to thank As I said, the House has passed a bi- tion drugs or purchasing food and other the gentleman from North Carolina partisan prescription drug plan under necessities. Our seniors have been promised prescription drug coverage. (Mr. HAYES). I admire him. I am one of Medicare for our seniors. There have his great admirers in this body. I thank been a number of bills debated in the They deserve no less than immediate him for caring enough and taking the Senate. A number of bills have been action. time to bring the prescription drug de- voted on in the Senate. They have not Mr. Speaker, again, I would refer to bate to a head on this very floor. God passed a prescription drug plan in the article I, section 7, clause 2, and ask bless him. Senate which is controlled by Demo- that we do our job. We have done it in Mr. HAYES. Mr. Speaker, I thank crats. The Constitution is very clear. the House. We would ask the Senate to the gentleman for his leadership on In order to become law, a prescription pass a plan, any of the ones they have this vitally important issue. drug benefit must be passed by the discussed, at which time the President Mr. Speaker, as other Members of the House. We have done that. The Senate can sign that into law and provide a body, I have just returned from a dis- must pass a bill. The two bills will be badly needed and well-deserved benefit trict work period. The major part of combined in a conference committee for seniors for prescription drugs under that district work period was spent lis- and then the President can sign that Medicare. tening very carefully to constituents in bill into law. f the eighth district of North Carolina. Our seniors need and deserve the pre- ANNOUNCEMENT BY THE SPEAKER Not only about their concerns but ask- scription drug benefit plan; and that is PRO TEMPORE ing them for their advice, their com- the only way, rightfully so, under our The SPEAKER pro tempore (Mr. mon sense, using their own experience Constitution that we can get that done. JEFF MILLER of Florida). The Chair to help us here in Washington make And, again, I refer to the names, and I would remind Members not to urge a policy that solves problems back home. have many others on sheets of paper, particular action or inaction by the As I traveled the district from east to who have looked at and are simply say- other body. west, one of the most consistent areas ing we need to follow the Constitution. of comment, one of the most consistent We need to provide this for our seniors. f problems that I faced that people unanimously talked about in the same Medicare is a good program. It has THE PRICE OF WAR tone and the same content was the been helping millions of older Ameri- The SPEAKER pro tempore. Under need for a prescription drug benefit cans meet their needs since that first the Speaker’s announced policy of Jan- under Medicare. day back in 1965, but we can and should uary 3, 2001, the gentleman from Texas Beside me is a list, a petition if you strengthen Medicare to make it even (Mr. PAUL) is recognized for 60 minutes. will, signed by senior citizens in Con- better for our seniors. Again, we need Mr. PAUL. Mr. Speaker, Thomas Jef- cord, Kannapolis, Charlotte, Raeford in to follow the Constitution. There is a ferson spoke for the founders and all Hoke County, Laurinburg in Scotland bipartisan plan that we have passed our early Presidents when he stated, County, Troy and Mount Gilead in here in the House. And let me give you ‘‘Peace, commerce and honest friend- Montgomery County, Wadesboro in some of the details of how it provides ship with all nations, entangling alli- Anson County, Fayetteville in Cum- an affordable, immediate, and perma- ances with none, which is one of the es- berland County. Each one of the people nent prescription drug benefit. sential principles of our government.’’ that signed this petition said very Under the plan passed by the House, The question is, whatever happened clearly to me, we need a prescription these are some of the things that would to this principle and should it be re- drug benefit under Medicare. happen: it is a voluntary drug benefit stored? We find the 20th century was On June 30 of this year we celebrated available to all Medicare beneficiaries. wracked with war; peace was turned the 37th birthday of Medicare. In that All Medicare beneficiaries are covered. asunder and our liberties steadily erod- period of 37 years many people in this Those who want to stay with their cur- ed. Foreign alliances and meddling in country have been properly helped by rent coverage will not be forced into a the internal affairs of other nations be- Medicare. During that period of time, government plan. Extra assistance for came commonplace. On many occa- Mr. Speaker, a number of dramatic lower-income seniors, fully subsidized sions, involvement in military action changes have taken place in the prac- premium and cost sharing for couples occurred through U.N. resolutions or a tice of medicine. Many diseases, many earning up to $16,000. Presidential executive order, despite

VerDate Aug 23 2002 23:45 Sep 05, 2002 Jkt 099060 PO 00000 Frm 00017 Fmt 4634 Sfmt 0634 E:\CR\FM\K05SE7.042 H05PT1 H6080 CONGRESSIONAL RECORD — HOUSE September 5, 2002 the fact that the war power was explic- and the world in ways not yet seen? in areas of the world where the strug- itly placed in the hands of the Con- Were the founders completely off track gle for the balance of power was the gress. because they lived in different times, sole motivating force. The foreign pol- Since World War II, nearly 100,000 or was the foreign policy they advised icy of the 20th century replaced the deaths and over a quarter million based on an essential principle of last- policy endorsed by our early Presidents wounded, not counting the many thou- ing value? Choosing the wrong answer and permitted our steadily growing in- sands claimed to have been affected by to this question could very well be volvement overseas in an effort to con- Agent Orange and the Persian Gulf War deadly to the grand experiment in lib- trol the world’s commercial interests Syndrome, have all occurred without a erty begun in 1776. with a special emphasis on oil. declaration of war and without a The transition from nonintervention Our influence in the Middle East clearcut victory. The entire 20th cen- to our current role as world arbiter in evolved out of concern for the newly tury was indeed costly with over 600,000 all conflicts was insidious and fortu- created State of Israel in 1947 and to killed in battle and an additional mil- itous. In the early part of the 20th cen- securing control over the flow of oil in lion wounded. tury, the collapse of the British Empire that region. Israel’s needs and Arab oil If liberty had been truly enhanced left a vacuum which was steadily filled have influenced our foreign policy for during that time, less could be said by a U.S. presence around the world. In more than half a century. In the 1950s, about the imperfections of the policy. the latter part of the century, the re- the CIA installed the Shah in Iran. It The evidence, however, is clear that we sults of World War II and the collapse was not until the hostage crisis of the as a people are less free and the pros- of the Soviet system propelled us into late 1970s that the unintended con- perity we still enjoy may be more illu- our current role. sequence occurred. This generated the sionary than many realize. Throughout most of the 20th century Iranian hatred of America and led to The innocent victims who have suf- it was our competition with the Sovi- the takeover by the reactionary Kho- fered at the hands of our militarism ets that prompted our ever-expanded meini and the Islamic fundamentalists abroad are rarely considered by our presence around the world. We are and caused greater regional instability government; yet, they may well be a where we are today almost by default, than we anticipated. major factor in this hatred now being but does that justify its being in our Our meddling in the internal affairs of Iran was of no benefit to us and set directed toward America. It is not cur- best interests? rently popular to question corporate or Disregarding for the moment the the stage for our failed policy in deal- banking influence over the foreign pol- moral and constitutional arguments ing with Iraq. We allied ourselves in icy that replaced that of Washington against foreign intervention, a strong the 1980s with Iraq in its war with Iran and Jefferson. Questioning foreign gov- case can be made against it for other and assisted Saddam Hussein in his rise to power. As recent reports reconfirm, ernment influence on our policies, al- reasons. It is clear that one interven- we did nothing to stop Hussein’s devel- though known about for years, is not tion begets another. The first problem opment of chemical and biological acceptable in the politically correct is rarely solved and the new ones are weapons and at least indirectly as- environment in which we live. created. Indeed, in foreign affairs a sisted in their development. Now, as a There is little doubt that our role in slippery slope does exist. consequence of that needless interven- the world dramatically changed in the In recent years, we too often slipped tion, we are planning a risky war to re- 20th century, inexorably evolving from into war through the back door with move him from power; and as usual, that of strict noninterventionism to the purpose rarely defined or under- the probable result of such an effort that of sole superpower with the as- stood and the need for victory ignored. would be something that our govern- sumption that we were destined to be A restrained effort of intervention fre- ment does not anticipate like a take- the world’s policeman. quently explodes into something that over by someone much worse. As bad as By the end of the 20th century, in we do not foresee. Policies end up doing Hussein is, he is an enemy of the al- fact, this occurred. We have totally for- the opposite of their intended purpose Qaeda and someone new well may be a gotten that for well over 100 years we with unintended consequences result- close ally of the Islamic radicals. followed the advice of the founders by ing. Although our puppet dictatorship in meticulously avoiding overseas con- The result then is that the action Saudi Arabia has lasted for many dec- flict. Instead, we now find ourselves in taken turns out to be actually detri- ades, it is becoming shakier every day. charge of an American hegemony mental to our national security inter- The Saudi people are not exactly spread to the four corners of the Earth. est; yet no effort is made to challenge friendly towards us, and our military As the 21st century begins, there is the fundamental principle behind our presence on their holy soil is greatly not a country in the world that does foreign policy. It is this failure to ad- resented. This contributes to the rad- not depend upon the U.S. for protec- here to a set of principles that has al- ical fundamentalist hatred directed to- tions or fears her wrath if they refuse lowed us to slip into this role and, if ward us. Another unfavorable con- to do her bidding. As the 20th century unchallenged, could well undo the lib- sequence to America, such as a regime progressed, American taxpayers were erties we all cherish. change not to our liking, could soon required to finance with great sacrifice Throughout history, there has always occur in Saudi Arabia. It is not merely financially and freedom-wise the buy- been a great temptation for rulers to a coincidence that 15 of the 9–11 terror- ing of loyalty through foreign aid and spread their influence and pursue em- ists are Saudis. intimidation of those others who did pire over liberty. Resisting this temp- The Persian Gulf War fought, with- not cooperate. tation to power rarely has been out a declaration of war, is in reality The question, though, remains, has achieved. There always seems to be a still going on. It looks like that 9–11 this change been beneficial to freedom natural inclination to yield to this his- may well have been a battle in that and prosperity here at home and has it toric human passion. Could it be that war perpetrated by fanatical guerrillas. promoted peace and trade throughout progress and civilization and pro- It indicates how seriously flawed our the world? Those who justify our inter- moting freedom require ignoring this foreign policy is. ventionist policies abroad argue that impulse to control others, as the found- In the 1980s we got involved in the the violation of the rule of law is not a ers of this great Nation advised? Soviet-Afghanistan war and actually problem considering the benefits we re- Historically, the driving force behind sided with the forces of Osama bin ceive from maintaining the American world domination is usually an effort Laden, helping him gain power. This empire, but has this really taken into to control wealth. The Europeans were obviously was an alliance of no benefit consideration the cost in lives lost, the searching for gold when they came to to the United States, and it has come damage to long-term prosperity as well the Americas. Now it is our turn to back to haunt us. as the dollar cost and freedoms we have seek control over the black gold which Our policy for years was to encourage lost? drives much of what we do today in for- Saudi Arabia to oppose communism by What about the future? Has this pol- eign affairs. financing and promoting Islamic fun- icy of foreign intervention set the Competing with a power like the So- damentalism. Surely the shortcomings stage for radically changing America viet Union prompted our involvement of that policy are evident to everyone.

VerDate Aug 23 2002 23:45 Sep 05, 2002 Jkt 099060 PO 00000 Frm 00018 Fmt 4634 Sfmt 0634 E:\CR\FM\K05SE7.044 H05PT1 September 5, 2002 CONGRESSIONAL RECORD — HOUSE H6081 Clinton’s bombing of Sudan and Af- undermine the Iraqi government and sequences not foreseen and become the ghanistan on the eve of his indictment continue with their routine bombing target of the terrorists that evolve over Monica Lewinsky shattered a missions. from the radicalized fringes. Taliban plan to expel Osama bin Laden Why should there be a question of Long-term foreign interventionism from Afghanistan. Clinton’s bombing of why Saddam Hussein might not readily does not serve our interest. Tinkering Baghdad on the eve of his impeachment accept U.N. inspectors without some on the edges with current policy will hardly won any converts to our cause type of assurances? Does anybody not help. An announced policy of sup- or reassured the Muslim people of the doubt that control of Iraqi oil supplies, port for globalist government, assum- Middle Eastern countries of a U.S. bal- second only to Saudi Arabia, is the real ing the financial and military role of anced policy. The continued bombing reason U.S. policy is belligerent toward world policemen, maintaining an of Iraq over these past 12 years, along Saddam Hussein? If it is merely to re- American world empire while flaunting with the deadly sanctions, resulted in move dictators around the world, this unilateralism, is a recipe for disaster. hundreds of thousands of needless Iraqi is the beginning of an endless task. U.S. unilateralism is a far cry from the civilian deaths, has not been beneficial In the transition from the original nonintervention that the Founders ad- to our security and has been used as American foreign policy of peace, trade vised. one of the excuses for recruiting the fa- and neutrality to that of world police- The term foreign policy does not natics ready to sacrifice their lives and men, we have sacrificed our sov- exist in the Constitution. All members demonstrating their hatred toward us. ereignty to world government organi- of the Federal Government have sworn zations such as the U.N., the IMF, the to uphold the Constitution and should 1245 b World Bank, and the WTO. To further do only those things that are clearly Essentially all Muslims see our pol- confuse and undermine our position, we authorized. Careful reading of the Con- icy in the Israeli-Palestinian conflict currently have embarked on a policy of stitution reveals Congress has a lot as being openly favorable toward Israel unilateralism within these world orga- more responsibility than does the and in opposition to the Palestinians. nizations. This means we accept the President in dealing with foreign af- It is for this reason they hold us re- principle of globalized government fairs. The President is the Commander- sponsible for Palestinian deaths since when it pleases us, but when it does in-Chief, but cannot declare war or fi- all the Israeli weapons are from the not, we should ignore it for our own in- nance military action without explicit United States. Since the Palestinians terest’s sake. congressional approval. A good start- do not even have an army, and most Acting in our own interest is to be ing point would be for all of us in the have to live in refugee camps, one applauded, but what we are getting is Congress to assume the responsibility should understand at least why the an- not a good alternative to one-world given us to make sure the executive imosity builds, even if our pro-Israeli government. We do not get our sov- branch does not usurp any authority position can be explained. ereignty back, yet we continue to sub- explicitly given to the Congress. There is no end in site. Since 9–11, ject ourselves to great potential finan- A proper foreign policy of non- our involvement in the Middle East cial burden and loss of liberty as we intervention is built on friendship with and in Saudi Arabia has grown signifi- shift from a national government with other nations, free trade and maximum cantly. Though we can badger those constitutional protection of rights to travel, maximizing the exchanges of countries whose leaders depend on us an international government where our goods and services and ideas. Nations to keep them in power to stay loyal to citizens’ rights are threatened by trea- that trade with each other are defi- the United States, the common people ties we have not even ratified, like the nitely less likely to fight against each of the region become more alienated. Kyoto and the international criminal other. Unnecessary bellicosity and jin- Our cozy relationship with the Rus- court treaties. goism is detrimental to peace and pros- sians may not be as long-lasting as our We cannot depend on controlling the perity and incites unnecessary con- current administration hopes. Consid- world government at some later date, frontation. And yet today that is about ering the $40 billion trade deal recently even if that seems to be what we are all we hear coming from the politicians made between Russia and Saddam Hus- able to do now. The unilateralist ap- and the media pundits who are so anx- sein, it is more than a bit ironic that proach of domination over the world’s ious for this war against Iraq. we find the Russians now promoting leaders, and arbitrary ignoring of cer- Avoiding entangling alliances and free trade as a solution to a difficult tain mandates, something we can do meddling in the internal affairs of situation while we are promoting war. with impunity because of our intimi- other nations is crucial, no matter how This continuous escalation of our in- dating power, serves only to further many special interests demand other- volvement overseas has been wide- undermine our prestige and accept- wise. The entangling alliances we spread. We have been in Korea for more ability throughout the world. And this should avoid include the complex alli- than 50 years. We have promised to includes the Muslim countries as well ances in the U.N., the IMF, the World never back away from the China-Tai- as our European friends. This merely Bank, and the WTO. One-world govern- wan conflict over territorial disputes. sets the stage for both our enemies and ment goals are anathema to the non- Fifty-seven years after World War II we current friends to act in concert intervention and free trade. The temp- still find our military spread through- against our interest when the time tation to settle disputes and install out Europe and Asia. And now the de- comes. This is especially true if we be- better governments abroad is fraught bate ranges over whether our national come financially strapped and our dol- with great danger and many uncertain- security requires that we, for the first lar is sharply weakened and we are in ties. time, escalate this policy of interven- a much more vulnerable bargaining po- Protecting our national sovereignty tion to include anticipatory self-de- sition. and guaranteeing constitutional pro- fense and preemptive war. Unilateralism within a globalist ap- tection of our citizens’ rights are cru- If our interventions of the 20th cen- proach to government is the worst of cial. Respecting the sovereignty of tury led to needless deaths and unwon all choices. It ignores national sov- other nations, even when we are in dis- wars and continuous unintended con- ereignty, dignifies one-world govern- agreement with some of their policies, sequences, imagine what this new doc- ment, and places us in the position of is also necessary. Changing others then trine is about to unleash on the world. demanding dictatorial powers over the becomes a job of persuasion and exam- Our policy has prompted us to an- world community. Demanding the ple, not force and intimidation, just as nounce that our CIA will assassinate right to set all policy and exclude our- it is in trying to improve the personal Saddam Hussein whenever it gets the selves from jurisdictional restraints behavior of our fellow citizens here at chance, and that the government of sows the seeds of future discontent and home. Iraq is to be replaced. Evidence now hostility. The downside is we get all Defending our country from outside has surfaced that the United Nations the bills, risk the lives of our people attack is legitimate and is of the high- inspection teams in the 1990s definitely without cause, and make ourselves the est priority. Protecting individual lib- included American CIA agents who target for every event that goes badly. erties should be our goal. This does not were collecting information on how to We get blamed for the unintended con- mean, however, that our troops follow

VerDate Aug 23 2002 23:45 Sep 05, 2002 Jkt 099060 PO 00000 Frm 00019 Fmt 4634 Sfmt 0634 E:\CR\FM\K05SE7.045 H05PT1 H6082 CONGRESSIONAL RECORD — HOUSE September 5, 2002 our citizens or their investments tice, and then we would promptly leave There are many reasons why a policy throughout the world. the international organizations that for peace is superior to a policy of war. While foreign visitors should be wel- have entangled us for over a half a cen- The principle that we do not have the come, no tax-supported services should tury. U.S. membership in world govern- moral authority to forcibly change be provided. Citizenship should be ment was hardly what the Founders government in foreign lands just be- given with caution and not automati- envisioned when writing the Constitu- cause we do not approve of their short- cally by merely stepping over a na- tion. comings should be our strongest argu- tional boundary for the purpose of giv- The principle of mark and reprisal ment. But rarely today is a moral ar- ing birth. would be revived, and specific prob- gument in politics worth much. A successful and prosperous society lems, such as terrorist threats, would The practical argument against it be- comes from such a policy and is impos- be dealt with on a contract basis, in- cause of its record of failure should cer- sible without a sound free-market corporating private resources to more tainly prompt all thoughtful people to economy, one not controlled by a cen- accurately target our enemies and re- reconsider what we have been doing for tral bank. Avoiding trade wars, devalu- duce the chances of needless and end- the past many decades. ations, inflations, deflations, and dis- less war. This would help prevent a We should all be aware that war is a ruption of free trade with protectionist continual expansion of a conflict into failure of relationships between foreign legislation are impossible under a sys- areas not relating to any immediate powers. Since this is such a serious tem of international trade dependent threat. By narrowing the target, there matter, our American tradition as es- on fluctuating fiat currencies con- is less opportunity for special interests tablished by the founders made certain trolled by world central banks and in- to manipulate our foreign policy to that the executive is subservient to the fluenced by powerful financial inter- serve the financial needs of the oil and more democratically responsive legis- ests. Instability in trade is one of the military weapons industries. lative branch on the issue of war. prime causes of creating conditions The Logan Act would be repealed, Therefore, no war is ever to be the pre- leading to war. thus allowing maximum freedom of our rogative of a President through his un- The basic moral principle underpin- citizens to volunteer to support their constitutional use of executive orders, ning a noninterventionist foreign pol- war of choice. This would help diminish nor should it ever be something where icy is that of rejecting the initiation of the enthusiasm for wars the pro- the legal authority comes from an force against others. It is based on non- ponents have used to justify our world international body such as NATO or violence and friendship unless at- policies and diminish the perceived the United Nations. Up until 50 years tacked, with determination for self-de- need for a military draft. ago, this had been the American tradi- fense while avoiding confrontation, If we followed a constitutional policy tion. even when we disagree with the way of nonintervention, we would never Nonintervention prevents the unex- other countries run their affairs. It have to entertain the aggressive notion pected and unintended consequences simply means that we should mind our of preemptive war based on speculation that inevitably result from well-in- own business and not be influenced by of what a country might do at some fu- tended meddling in the affairs of oth- the special interests that have an axe ture date. Political pressure by other ers. to grind or benefits to gain by control- countries to alter our foreign policy for Countries like Switzerland and Swe- ling other foreign policy. Manipulating their benefit would never be a consider- den, who promote neutrality and non- our country into conflicts that are ation. Commercial interests of our citi- intervention, have benefited for the none of our business and of no security zens investing overseas could not ex- most part by remaining secure and free pect our armies to follow them and to interest provides no benefits to us, of war over the centuries. Noninterven- protect their profits. while exposing us to great risk finan- tion consumes a lot less of the Nation’s cially and militarily. b 1300 wealth. With less wars, the higher the Our troops would be brought home A noninterventionist foreign policy standard of living for all citizens. But under such conditions, systematically would not condone subsidies to our cor- this, of course, is not attractive to the and soon. Being in Europe and Japan porations through programs like the military-industrial complex which en- for over 50 years is long enough. The Export-Import Bank and the Overseas joys a higher standard of living at the failure of Vietnam resulted in no occu- Private Investment Corporation. These expense of the taxpayer when a policy pation and a more westernized country programs guarantee against losses of intervention and constant war prep- now doing business with the United while the risk takers want our military aration is carried out. States. There is no evidence that the to protect their investments from po- Wisdom, morality and the Constitu- military approach in Vietnam was su- litical threats. This current flawed pol- tion are very unlikely to invade the perior to that of trade and friendship. icy removes the tough decisions of minds of the policymakers that control The lack of trade and sanctions have when to invest in foreign countries and our foreign affairs. We have institu- not served us well in Cuba or in the diminishes the pressure on those par- tionalized foreign intervention over Middle East. The mission for our Coast ticular countries to clean up their po- the past 100 years by the teachings of Guard would change if our foreign pol- litical acts in order to entice foreign all our major universities and the prop- icy became noninterventionist. They, capital to move into their country. To- aganda that the media spews out. The too, would come home, protect our day’s foreign policy encourages bad in- powerful influence over our policy, coast, and stop being the enforcers of vestments. Ironically this is all done in both domestic and foreign, is not soon bureaucratic laws that either should the name of free trade and capitalism, going to go away. not exist or should be a State function. but it does more to export jobs and I am convinced, though, that eventu- All foreign aid would be discon- businesses than promote free trade. ally restraint in our interventions tinued. Most evidence shows this Yet when it fails, capitalism and free- overseas will be guided by a more rea- money rarely helps the poor but in- dom are blamed. sonable constitutional policy. Eco- stead solidifies power in the hands of A noninterventionist foreign policy nomic reality will dictate it. Although dictators. There is no moral argument would go a long way toward preventing political pressure in times of severe that can justify taxing poor people in 9/11 type attacks upon us. The Depart- economic downturn and domestic strife this country to help rich people in poor ment of Homeland Security would be encourages planned distractions over- countries. Much of the foreign aid, unnecessary and the military, along seas, these adventures always cause when spent, is channeled back to weap- with less bureaucracy in our intel- economic harm due to the economic ons manufacturers and other special ligence-gathering agencies, could in- costs. When the particular country or interests in the United States who are stead provide the security the new de- empire involved overreaches, as we are the strong promoters of these foreign partment is supposed to provide. A re- currently doing, national bankruptcy aid expenditures, yet it is all done in newed respect for gun ownership and and a severely weakened currency call the name of humanitarian causes. responsibility for defending one’s prop- the whole process to a halt. A foreign policy for peace and free- erty would provide additional protec- The Soviet system, armed with an dom would prompt us to give ample no- tion against potential terrorists. aggressive plan to spread its empire

VerDate Aug 23 2002 23:45 Sep 05, 2002 Jkt 099060 PO 00000 Frm 00020 Fmt 4634 Sfmt 0634 E:\CR\FM\K05SE7.047 H05PT1 September 5, 2002 CONGRESSIONAL RECORD — HOUSE H6083 worldwide, collapsed, not because we LEAVE OF ABSENCE rule — Importation of Artificially Dwarfed Plants [Docket No. 00-042-2] received August attacked it militarily but for financial By unanimous consent, leave of ab- and economic reasons. They no longer 28, 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to sence was granted to: the Committee on Agriculture. could afford it and the resources and Mr. UNDERWOOD (at the request of 8893. A letter from the Secretary, Depart- wealth that it drained finally turned Mr. GEPHARDT) for today on account of ment of Agriculture, transmitting a copy of the people against its authoritarian activities in the district. the Agency’s draft bill entitled, ‘‘Packers rule. and Stockyards Licensing Fee Act of 2002’’; f Maintaining an overseas empire is in- to the Committee on Agriculture. compatible with the American tradi- SPECIAL ORDERS GRANTED 8894. A letter from the Assistant General Counsel for Regulations, Department of tion of liberty and prosperity. The fi- By unanimous consent, permission to Housing and Urban Development, transmit- nancial drain and the antagonism that address the House, following the legis- ting the Department’s final rule — Tem- it causes with our enemies, and even lative program and any special orders porary Assistance for Needy Families our friends, will finally force the Amer- heretofore entered, was granted to: (TANF) Program; Conforming Changes to ican people to reject the policy out- (The following Members (at the re- Annual Income Requirements for HUD’s right. There will be no choice. Gorba- quest of Ms. DELAURO) to revise and ex- Public Housing and Section 8 Assistance chev just walked away and Yeltsin tend their remarks and include extra- Programs [Docket No. FR-4635-F-02] (RIN: walked in, with barely a ripple. A non- 2502-AC77) received August 13, 2002, pursuant neous material:) to 5 U.S.C. 801(a)(1)(A); to the Committee on violent revolution of unbelievable his- Mr. FILNER, for 5 minutes, today. Financial Services. toric magnitude occurred and the Cold Mr. DEFAZIO, for 5 minutes, today. 8895. A letter from the Assistant General War ended. We are not immune from Mrs. Davis of California, for 5 min- Counsel for Regulations, Office of Housing, such a similar change. utes, today. Department of Housing and Urban Develop- This Soviet collapse ushered in the Ms. NORTON, for 5 minutes, today. ment, transmitting the Department’s final rule — Single Family Mortgage Insurance; age of unparalleled American domi- Mr. GREEN of Texas, for 5 minutes, Section 203(k) Consultant Placement and Re- nance over the entire world and along today. moval Procedures [Docket No. FR-4592-F-02] with it allowed the new expanded hot Mr. MCGOVERN, for 5 minutes, today. (RIN: 2502-AH51) received August 28, 2002, war between the West and the Muslim Mr. DAVIS of Illinois, for 5 minutes, pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- East. All the hostility directed toward today. mittee on Financial Services. the West built up over the centuries be- Ms. JACKSON-LEE of Texas, for 5 min- 8896. A letter from the General Counsel, tween the two factions is now directed utes, today. Federal Emergency Management Agency, toward the United States. We are now (The following Members (at the re- transmitting the Agency’s final rule — Sus- pension of Community Eligibility [Docket the only power capable of paying for quest of Mr. DUNCAN) to revise and ex- No. FEMA-7789] received August 28, 2002, pur- and literally controlling the Middle tend their remarks and include extra- suant to 5 U.S.C. 801(a)(1)(A); to the Com- East and its cherished wealth, and we neous material:) mittee on Financial Services. have not hesitated. Iraq, with its oil Mr. DUNCAN, for 5 minutes, today. 8897. A letter from the General Counsel, and water and agricultural land, is a Mr. SIMMONS, for 5 minutes, today. Federal Emergency Management Agency, prime target of our desire to further Mr. GRUCCI, for 5 minutes, today. transmitting the Agency’s final rule — Changes in Flood Elevation Determinations expand our dominion. The battle is f growing ever so tense with our accept- — received August 28, 2002, pursuant to 5 ADJOURNMENT U.S.C. 801(a)(1)(A); to the Committee on Fi- ance and desire to control the Caspian nancial Services. Sea oil riches. But Russia, now licking Mr. PAUL. Mr. Speaker, I move that 8898. A letter from the General Counsel, its wounds and once again accumu- the House do now adjourn. Federal Emergency Management Agency, lating wealth, will not sit idly by and The motion was agreed to; accord- transmitting the Agency’s final rule — Na- watch the American empire engulf this ingly (at 1 o’clock and 8 minutes p.m.), tional Flood Insurance Program (NFIP); As- region. When time runs out for us, we under its previous order, the House ad- sistance to Private Sector Property Insurers can be sure Russia will once again be journed until Monday, September 9, (RIN: 3067-AD30) received August 28, 2002, ready to fight for control of all those 2002, at 12:30 p.m., for morning hour de- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- mittee on Financial Services. resources in countries adjacent to her bates. 8899. A letter from the Assistant Secretary, borders. And expect the same from f Bureau of Indian Affairs, Department of In- China and India. And who knows, terior, transmitting the Department’s final maybe one day even Japan will return EXECUTIVE COMMUNICATIONS, rule — Indian School Equalization Program to the ancient art of using force to oc- ETC. (RIN: 1076-AE14) received August 9, 2002, pur- cupy the cherished territories in their Under clause 8 of rule XII, executive suant to 5 U.S.C. 801(a)(1)(A); to the Com- communications were taken from the mittee on Education and the Workforce. region of the world. 8900. A letter from the Senior Legal Advi- The most we can hope for will be, Speaker’s table and referred as follows: sor to the Chief, Media Bureau, Federal Com- once the errors of our ways are ac- 8890. A letter from the Administrator, Ag- munications Commission, transmitting the knowledged and we can no longer af- ricultural Marketing Service, Fruit and Veg- Commission’s final rule — Amendment of ford our militarism, we will reestablish etable Programs, Department of Agriculture, Section 73.202(b), Table of Allotments, FM the moral principle that underpins the transmitting the Department’s final rule — Broadcast Stations. (Chester and Westwood, Tart Cherries Grown in the States of Michi- policy of ‘‘peace, commerce and honest California) [MM Docket No. 02-42; RM-10382] gan, New York, Pennsylvania, Oregon, Utah, received July 30, 2002, pursuant to 5 U.S.C. friendship with all nations, entangling Washington and Wisconsin; Order Amending 801(a)(1)(A); to the Committee on Energy and alliances with none.’’ Our modern-day Marketing Agreement and Order No. 930 Commerce. war hawks represent neither this [Docket Nos. AO-370-A7; FV00-930-1] received 8901. A letter from the Senior Legal Advi- American principle nor do they under- September 3, 2002, pursuant to 5 U.S.C. sor, Media Bureau, Federal Communications stand how the love of liberty drove the 801(a)(1)(A); to the Committee on Agri- Commission, transmitting the Commission’s founders in their great battle against culture. final rule — Amendment of Section 73.292(b), tyranny. 8891. A letter from the Administrator, Ag- Table of Allotments, FM Broadcast Stations. ricultural Marketing Service, Fruit and Veg- (Big Wells, Texas) [MM Docket No. 01-247; We must prepare for the day when etable Programs, Department of Agriculture, RM-10232] received August 27, 2002, pursuant our financial bankruptcy and the fail- transmitting the Department’s final rule — to 5 U.S.C. 801(a)(1)(A); to the Committee on ure of our effort at world domination Dried Prunes Produced in California; Under- Energy and Commerce. are apparent. The solution to such a sized Regulation for the 2002-03 Crop Year 8902. A letter from the Senior Legal Advi- crisis can be easily found in our Con- [Docket No. FV02-993-1 FR] received Sep- sor to the Bureau Chief, Media Bureau, Fed- stitution and in our traditions. But ul- tember 3, 2002, pursuant to 5 U.S.C. eral Communications Commission, transmit- timately, the love of liberty can only 801(a)(1)(A); to the Committee on Agri- ting the Commission’s final rule — Amend- culture. ment of Section 73.606(b), Table of Allot- come from a change in the hearts and 8892. A letter from the Congressional Re- ments, Television Broadcast Stations; and minds of the people and with an an- view Coordinator, Animal and Plant Health Section 73.622(b), Table of Allotments, Dig- swered prayer for the blessings of di- Inspection Service, Department of Agri- ital Television Broadcast Stations (George- vine intervention. culture, transmitting the Department’s final town, South Carolina) [MB Docket No. 02-65;

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RM-10370] received August 27, 2002, pursuant Visas: Documentation of Immigrants —— Mr. OXLEY, Mr. ANDREWS, Mr. to 5 U.S.C. 801(a)(1)(A); to the Committee on Visa Classification Symbols — received Au- PASCRELL, Mr. SMITH of Michigan, Energy and Commerce. gust 13, 2002, pursuant to 5 U.S.C. and Mr. WATT of North Carolina): 8903. A letter from the Senior Legal Advi- 801(a)(1)(A); to the Committee on the Judici- H.R. 5334. A bill to ensure that a public sor, Media Bureau, Federal Communications ary. safety officer who suffers a fatal heart at- Commission, transmitting the Commission’s 8913. A letter from the General Counsel, tack or stroke while on duty shall be pre- final rule — Amendment of Section 73.202(b), Federal Energy Regulatory Commission, sumed to have died in the line of duty for Table of Allotments, FM Broadcast Stations. transmitting the Commission’s final rule — purposes of public safety officer survivor (Childress, Texas) [MM Docket No. 01-196; Civil Monetary Penalty Inflation Adjust- benefits; to the Committee on the Judiciary. RM-10208] received August 27, 2002, pursuant ment Rule [Docket No. RM02-11-000; Order By Mr. HOBSON (for himself, Mr. to 5 U.S.C. 801(a)(1)(A); to the Committee on No. 890] received August 28, 2002, pursuant to BOEHNER, Mr. BROWN of Ohio, Mr. Energy and Commerce. 5 U.S.C. 801(a)(1)(A); to the Committee on the CHABOT, Mr. GILLMOR, Mrs. JONES of 8904. A letter from the Senior Legal Advi- Judiciary. Ohio, Ms. KAPTUR, Mr. KUCINICH, Mr. sor, Media Bureau, Federal Communications 8914. A letter from the Chief, Regulations LATOURETTE, Mr. NEY, Mr. OXLEY, Commission, transmitting the Commission’s Unit, Internal Revenue Service, transmitting Mr. PORTMAN, Ms. PRYCE of Ohio, Mr. final rule — Amendment of Section 73.202(b), the Service’s final rule — Determination of REGULA, Mr. SAWYER, Mr. STRICK- Table of Allotments, FM Broadcast Stations. Interest Rate [Rev. Rul. 2002-59] received LAND, Mr. TIBERI, and Mr. WOLF): (Baird, Texas) [MM Docket No. 01-197; RM September 3, 2002, pursuant to 5 U.S.C. H.R. 5335. A bill to designate the Federal 10170] received August 27, 2002, pursuant to 5 801(a)(1)(A); to the Committee on Ways and building and United States courthouse lo- U.S.C. 801(a)(1)(A); to the Committee on En- Means. cated at 200 West 2nd Street in Dayton, Ohio, ergy and Commerce. 8915. A letter from the Secretary, Environ- as the ‘‘Tony Hall Federal Building and 8905. A letter from the Senior Legal Advi- mental Protection Agency, transmitting a United States Courthouse‘‘; to the Com- mittee on Transportation and Infrastruc- sor to the Bureau Chief, Media Bureau, Fed- copy of the Agency’s draft bill entitled, ture. eral Communications Commission, transmit- ‘‘Clear Skies Act of 2002’’; jointly to the By Mr. KING (for himself, Mr. GRUCCI, ting the Commission’s final rule — Amend- Committees on Energy and Commerce and Mr. ISRAEL, Mrs. MCCARTHY of New ment of Section 73.622(b), Table of allot- Science. ments, Digital Television Broadcast Sta- York, Mr. ACKERMAN, Mr. MEEKS of tions. (Athens, Georgia) [MB Docket No. 02- f New York, Mr. CROWLEY, Mr. WEINER, 94; RM-10423] received August 27, 2002, pursu- REPORTS OF COMMITTEES ON Mr. TOWNS, Mr. FOSSELLA, Mrs. MALONEY of New York, Mr. GILMAN, ant to 5 U.S.C. 801(a)(1)(A); to the Committee PUBLIC BILLS AND RESOLUTIONS on Energy and Commerce. Mr. BOEHLERT, Mr. WALSH, Mr. 8906. A letter from the Director, Defense Under clause 2 of rule XIII, reports of HOUGHTON, Mr. SWEENEY, Mr. QUINN, Security Cooperation Agency, transmitting committees were delivered to the Clerk Mrs. KELLY, Mr. ENGEL, Mr. MCHUGH, notification concerning the Department of for printing and reference to the proper Mr. LAFALCE, Mr. OWENS, Mr. HIN- the Navy’s proposed Letter(s) of Offer and calendar, as follows: CHEY, Mr. SERRANO, Mrs. LOWEY, Mr. Acceptance (LOA) to the United Arab Emir- NADLER, Mr. MCNULTY, Mr. RANGEL, Mr. HANSEN: Committee on Resources. ates for defense articles and services (Trans- Mr. REYNOLDS, Ms. SLAUGHTER, and H.R. 4708. A bill to authorize the Secretary of mittal No. 02-44), pursuant to 22 U.S.C. Ms. VELAZQUEZ): the Interior to convey certain facilities to 2776(b); to the Committee on International H.R. 5336. A bill to designate the facility of the Fremont-Madison Irrigation District; Relations. the United States Postal Service located at 8907. A letter from the Director, Defense with an amendment (Rept. 107–641). Referred 380 Main Street in Farmingdale, New York, Security Cooperation Agency, transmitting to the Committee of the Whole House on the as the ‘‘Peter J. Ganci, Jr. Post Office Build- notification concerning the Department of State of the Union. ing’’; to the Committee on Government Re- the Navy’s Proposed Letter(s) of Offer and Mr. HANSEN: Committee on Resources. form. Acceptance (LOA) to Malaysia for defense H.R. 4822. A bill to clarify that the Upper By Mrs. MORELLA: articles and services (Transmittal No. 02-56), Missouri River Breaks National Monument H.R. 5337. A bill to amend title 5, United States Code, to allow periods of certain serv- pursuant to 22 U.S.C. 2776(b); to the Com- does not include within its boundaries any ice performed as an employee under certain mittee on International Relations. privately owned property, and for other pur- 8908. A letter from the Assistant General poses (Rept. 107–642). Referred to the Com- Cooperative Federal-State programs to be creditable for purposes of civil service retire- Counsel for Regulatory Law, Office of Envi- mittee of the Whole House on the State of ment; to the Committee on Government Re- ronment, Safety and Health, Deaprtment of the Union. form. Energy, transmitting the Department’s final Mr. HANSEN: Committee on Resources. H.R. 4938. A bill to direct the Secretary of By Mr. POMEROY: rule — Guidelines for Physician Panel Deter- H.R. 5338. A bill to provide emergency dis- minations on Worker Requests for Assist- the Interior, through the Bureau of Reclama- tion, to conduct a feasibility study to deter- aster assistance to agricultural producers; to ance in Filing for State Workers’ Compensa- the Committee on Agriculture. tion Benefits (RIN: 1901-AA90) received Au- mine the most feasible method of developing a safe and adequate municipal, rural, and in- By Mr. REYNOLDS: gust 21, 2002, pursuant to 5 U.S.C. H.R. 5339. A bill to amend the Internal Rev- dustrial water supply for the Santee Sioux 801(a)(1)(A); to the Committee on the Judici- enue Code of 1986 to repeal the provision that Tribe of Nebraska, and for other purposes ary. limited the interest deduction on refinanced (Rept. 107–643). Referred to the Committee of 8909. A letter from the Assistant General home mortgage indebtedness to the amount the Whole House on the State of the Union. Counsel for Regulation, Department of Hous- of the indebtedness being refinanced; to the ing and Urban Development, transmitting Mr. YOUNG of Alaska: Committee on Committee on Ways and Means. the Department’s final rule — Administra- Transportation and Infrastructure. H.R. 5157. By Mr. SHERMAN (for himself, Mr. A bill to amend section 5307 of title 49, tive Wage Garnishment [Docket No. FR-4711- ISSA, Mr. WAXMAN, Mr. LANTOS, Ms. United States Code, to allow transit systems F-02] (RIN: 2501-AC85) received August 13, ROYBAL-ALLARD, Mr. CALVERT, Mr. in urbanized areas that, for the first time, 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to the CONDIT, Mr. CUNNINGHAM, Mr. FARR exceeded 200,000 in population according to Committee on the Judiciary. of California, Ms. LOFGREN, Mr. the 2000 census to retain flexibility in the 8910. A letter from the Rules Adminis- BECERRA, Mr. ROYCE, Mrs. BONO, Ms. use of Federal transit formula grants in fis- trator, Federal Bureau of Prisons, Depart- PELOSI, Mr. THOMPSON of California, cal year 2003, and for other purposes (Rept. ment of Justice, transmitting the Depart- Mr. BERMAN, Mr. OSE, Mr. SCHIFF, 107–644). Referred to the Committee of the ment’s final rule — District of Columbia Mrs. DAVIS of California, Mr. Whole House on the State of the Union. Educational Good Time Credit [BOP-1106-F] MCKEON, Mr. HONDA, Mr. POMBO, and Mr. YOUNG of Alaska: Committee on (RIN: 1120-AB05) received August 13, 2002, Mr. GALLEGLY): pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Transportation and Infrastructure. H.R. 5169. H.R. 5340. A bill to designate the facility of mittee on the Judiciary. A bill to amend the Federal Water Pollution the United States Postal Service located at 8911. A letter from the General Counsel, Control act to enhance the security of waste- 5805 White Oak Avenue in Encino, California, Executive Office for Immigration Review, water treatment works (Rept. 107–645). Re- as the ‘‘Francis Dayle ‘Chick’ Hearn Post Of- Department of Justice, transmitting the De- ferred to the Committee of the Whole House fice’’; to the Committee on Government Re- partment’s final rule — Board of Immigra- on the State of the Union. form. tion Appeals: Procedural Reforms to Improve f By Mr. TAYLOR of North Carolina: Case Management [EOIR No. 131; AG Order H.R. 5341. A bill to authorize and direct the No. 2609-2002] (RIN: 1125-AA36) received Au- PUBLIC BILLS AND RESOLUTIONS Secretary of Agriculture to take actions to gust 28, 2002, pursuant to 5 U.S.C. Under clause 2 of rule XII, public promptly address the risk of fire and insect 801(a)(1)(A); to the Committee on the Judici- infestation in National Forest System lands, ary. bills and resolutions were introduced and for other purposes; to the Committee on 8912. A letter from the Assistant Secretary and severally referred, as follows: Agriculture, and in addition to the Com- for Legislative Affairs, Department of State, By Mr. ETHERIDGE (for himself, Mr. mittee on Resources, for a period to be sub- transmitting the Department’s final rule — HOYER, Mr. WELDON of Pennsylvania, sequently determined by the Speaker, in

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each case for consideration of such provi- H.R. 699: Mr. JEFF MILLER of Florida, Mr. H.R. 4738: Mrs. DAVIS of California. sions as fall within the jurisdiction of the MORAN of Kansas, and Mr. COOKSEY. H.R. 4803: Mr. HOLT and Mr. HASTINGS of committee concerned. H.R. 858: Mr. FILNER, and Mr. BAIRD. Florida. By Mr. THUNE: H.R. 951: Mr. POMBO, Mr. STRICKLAND, and H.R. 4837: Mr. FROST. H.R. 5342. A bill to require the Secretary of Mr. GILMAN. H.R. 4951: Mr. BALDACCI, Ms. VELAZQUEZ, Agriculture to conduct a demonstration for- H.R. 968: Mr. LARSEN of Washington. Ms. WATSON, and Mr. SPRATT. est management project in the Black Hills H.R. 1073: Mr. WELDON of Pennsylvania. H.R. 5157: Mr. HINCHEY. National Forest in the States of South Da- H.R. 1184: Mr. SKEEN, Mr. CHAMBLISS, Mr. H.R. 5226: Mrs. MCCARTHY of New York, kota and Wyoming; to the Committee on Re- BACA, and Ms. PELOSI. Mrs. TAUSCHER, Ms. ROYBAL-ALLARD, Mr. sources. H.R. 1520: Mr. SMITH of New Jersey, Mr. HOLT, Mr. FARR of California, Mr. FILNER, By Mr. POMEROY (for himself, Mr. ACEVEDO-VILA, Mr. PRICE of North Carolina, Mr. MCNULTY, and Ms. ESHOO. STENHOLM, Mr. PETERSON of Min- Ms. DEGETTE, Mr. NETHERCUTT, Mr. ABER- H.R. 5267: Mr. ROYCE, Mr. CROWLEY, and nesota, Mr. THUNE, Mr. BISHOP, Mr. CROMBIE, Mr. QUINN, Mr. NEAL of Massachu- Mr. PALLONE. SIMPSON, Ms. BALDWIN, Mr. BALDACCI, setts, Mr. REYNOLDS, Mr. UPTON, Mrs. JO H.R. 5310: Mr. CAMP. and Mr. BOSWELL): ANN DAVIS of Virginia, Mr. SKEEN, Mr. CAS- H.R. 5311: Mr. GANSKE, Mr. MOORE, Mr. H. Con. Res. 462. Concurrent resolution TLE, and Mrs. WILSON of New Mexico. BERRY, and Mr. TURNER. congratulating the National Farmers Union H.R. 1598: Mr. CALLAHAN. H.R. 5318: Mr. CANNON and Mr. MCINNIS. H.R. 1626: Mr. ISRAEL. for 100 years of service to family farmers and H. Con. Res. 238: Mr. BAIRD. H.R. 1859: Mrs. THURMAN. ranchers and rural communities; to the Com- H. Con. Res. 297: Mr. LANTOS, Mr. ABER- H.R. 1983: Mr. CARSON of Oklahoma. mittee on Agriculture. CROMBIE, Ms. SANCHEZ, and Ms. ROYBAL-AL- H.R. 2290: Mr. HINCHEY. By Mrs. THURMAN: LARD. H.R. 2529: Mr. STARK. H. Res. 517. A resolution providing for con- H. Con. Res. 401: Ms. DEGETTE. H.R. 2570: Mrs. MCCARTHY of New York, Mr. sideration of the bill (H.R. 1862) to amend the H. Con. Res. 404: Ms. BROWN of Florida, Mr. RUSH, and Mr. TOWNS. Federal Food, Drug, and Cosmetic Act to MCDERMOTT, Ms. EDDIE BERNICE JOHNSON of H.R. 2573: Mr. MCNULTY and Mr. GONZALEZ. provide greater access to affordable pharma- Texas, and Mr. KILDEE. H.R. 2701: Mr. BACA. ceuticals; to the Committee on Rules. HAW ANCREDO H.R. 2908: Mr. GONZALEZ. H. Con. Res. 432: Mr. S , Mr. T , f H.R. 3431: Mr. TAYLOR of Mississippi, Ms. Mr. REYNOLDS, Mr. SMITH of New Jersey, Mr. NADLER, Mr. LARSON of Connecticut, Mr. PRIVATE BILLS AND SOLIS, Mr. BACHUS, Mr. ROSS, and Mr. GON- BENTSEN, and Mr. BOYD. RESOLUTIONS ZALEZ. H.R. 3612: Mr. HOLT, Mr. FATTAH, Mr. PAS- H. Res. 443: Ms. LEE, Mr. HONDA, and Mr. Under clause 3 of rule XII, TOR and Mrs. MALONEY of New York. HASTINGS of Florida. Mr. WICKER introduced A bill (H.R. 5343) H.R. 3661: Mr. POMEROY and Mr. FILNER. H. Res. 468: Mr. HILLIARD, Mr. HASTINGS of to require the reissuance of a certificate of H.R. 3782: Mr. WICKER, Mrs. NAPOLITANO, Florida, Mr. TERRY, Mr. UNDERWOOD, Mr. documentation for a vessel, and for other Mr. BARTLETT of Maryland, Ms. WATSON, Mr. WEXLER, Mr. STUPAK, Mr. HEFLEY, Mr. purposes; which was referred to the Com- COX, and Mr. LANTOS. SHIMKUS, Mr. CROWLEY and Mr. DAVIS of mittee on Transportation and Infrastruc- H.R. 3831: Mr. CAPUANO, Mr. HOEKSTRA, Mr. Florida. ture. HOEFFEL, Ms. DELAURO, and Mrs. THURMAN. H. Res. 485: Mr. LEVIN, Mr. SABO, Mrs. H.R. 3961: Mr. KILDEE. MCCARTHY of New York, Ms. SLAUGHTER, and f H.R. 3974: Ms. ROS-LEHTINEN and Mr. Ms. ESHOO. ADDITIONAL SPONSORS HOEFFEL. H. Res. 499: Mr. FRANK. Under clause 7 of rule XII, sponsors H.R. 3992: Mrs. MORELLA, Ms. ROS- LEHTINEN, Mr. MANZULLO, Mr. ROTHMAN, Ms. f were added to public bills and resolu- RIVERS, Mrs. THURMAN, Mr. LANTOS, and Mr. tions as follows: LUCAS of Oklahoma. H.R. 97: Mr. WILSON of South Carolina, Mr. H.R. 4611: Ms. ROYBAL-ALLARD and Mr. DISCHARGE PETITIONS— LUCAS of Kentucky, and Mr. SIMMONS. LARSEN of Washington. ADDITIONS OR DELETIONS H.R. 224: Mr. KENNEDY of Rhode Island. H.R. 4639: Mr. DEFAZIO. The following Members added their H.R. 232: Mr. BAIRD. H.R. 4699: Mr. FRANK. names to the following discharge peti- H.R. 292: Mr. BOUCHER. H.R. 4706: Mr. FROST. H.R. 294: Mr. WILSON of South Carolina. H.R. 4709: Mr. PAYNE. tions: H.R. 690: Mr. ROTHMAN, Mrs. MEEK of Flor- H.R. 4728: Mr. BROWN of Ohio, Mr. HOLT, Petition 5, by Mr. KUCINICH on House ida, and Mr. FATTAH. and Mr. KENNEDY of Rhode Island. Resolution 304: Zoe Lofgren.

VerDate Aug 23 2002 23:45 Sep 05, 2002 Jkt 099060 PO 00000 Frm 00023 Fmt 4634 Sfmt 0634 E:\CR\FM\L05SE7.100 H05PT1 E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 107 CONGRESS, SECOND SESSION

Vol. 148 WASHINGTON, THURSDAY, SEPTEMBER 5, 2002 No. 111 Senate The Senate met at 9:30 a.m. and was U.S. SENATE, DEPARTMENT OF THE INTERIOR called to order by the Honorable PRESIDENT PRO TEMPORE, AND RELATED AGENCIES APPRO- DEBBIE STABENOW, a Senator from the Washington, DC, September 5, 2002. PRIATIONS ACT, 2003 State of Michigan. To the Senate: Under the provisions of rule I, paragraph 3, The ACTING PRESIDENT pro tem- of the Standing Rules of the Senate, I hereby pore. Under the previous order, the PRAYER appoint the Honorable DEBBIE STABENOW, a Senate will now resume consideration The Chaplain, Dr. Lloyd John Senator from the State of Michigan, to per- of H.R. 5093, which the clerk will re- Ogilvie, offered the following prayer: form the duties of the Chair. port. Gracious God, we are grateful for the ROBERT C. BYRD, The legislative clerk read as follows: President pro tempore. assurance of Your presence, available A bill (H.R. 5903) making appropriations at all times, dependable in all cir- Ms. STABENOW thereupon assumed for the Department of the Interior and re- cumstances, bracing when we need cor- the Chair as Acting President pro tem- lated agencies for fiscal year ending Sep- rection, and inspiring when we need pore. tember 30, 2003, and for other purposes. courage. Lead on, Lord, as we press on. Pending: f The day stretches out before us filled Byrd amendment No. 4472, in the nature of with debate, deliberations, and deci- RECOGNITION OF THE ACTING a substitute. Byrd amendment No. 4480 (to amendment sions. Keep us calm as we trust You MAJORITY LEADER and reassured as You replenish our re- No. 4472) to provide funds to repay accounts serves. You have promised never to The ACTING PRESIDENT pro tem- from which funds were borrowed for emer- gency wildfire suppression. leave or forsake us. Grant the Senators pore. The Senator from Nevada is rec- ognized. Daschle modified amendment No. 4481 (to a renewed assurance of Your wisdom amendment No. 4472), to provide emergency for each complex problem. You are the f disaster assistance to agricultural producers. source of creative insight, inventive so- Mr. REID. Madam President, until lutions, and decisive intentionality. SCHEDULE we hear from Senator BYRD, I suggest Fill this Chamber with Your presence, Mr. REID. Madam President, the two the absence of a quorum. each Senator with an acute sense of ac- managers of the bill will be here short- The ACTING PRESIDENT pro tem- countability to You, and all of America ly to continue with this most impor- pore. The clerk will call the roll. with the privilege of being one Nation tant Interior appropriations bill. De- The legislative clerk proceeded to under Your providential care and Your bate will continue until 12 noon, at call the roll. protective concern. You are our Lord which time we will have an hour of Mr. WELLSTONE. Madam President, and Saviour. Amen. morning business, with the Repub- I ask unanimous consent the order for licans controlling the first half and the the quorum call be rescinded. f Democrats controlling the second half. Mr. BYRD. Madam President, I ob- ject. PLEDGE OF ALLEGIANCE At 1 p.m., the Senate will resume consideration of the Homeland Secu- The ACTING PRESIDENT pro tem- The Honorable DEBBIE STABENOW led rity Act. pore. Objection is heard. The clerk will the Pledge of Allegiance, as follows: There have been amendments laid continue to call the roll. I pledge allegiance to the Flag of the down—both on the Interior bill and the The legislative clerk continued with United States of America, and to the Repub- homeland security bill. the call of the roll. lic for which it stands, one nation under God, Today will be the last business day of Mr. BYRD. Madam President, I ask indivisible, with liberty and justice for all. the Senate this week because of the unanimous consent that the order for the quorum call be rescinded. f ceremony in New York tomorrow. I hope we can make progress on both of The ACTING PRESIDENT pro tem- pore. Without objection, it is so or- APPOINTMENT OF ACTING these most important pieces of legisla- tion. dered. PRESIDENT PRO TEMPORE Mr. BYRD. Madam President, I The PRESIDING OFFICER. The f apologize to the distinguished Senator clerk will please read a communication from Minnesota, Mr. WELLSTONE, for to the Senate from the President pro RESERVATION OF LEADER TIME my having objected to his calling off an tempore (Mr. BYRD). The ACTING PRESIDENT pro tem- earlier quorum. My reason for doing The legislative clerk read the fol- pore. Under the previous order, leader- that was so that we, the two managers, lowing letter: ship time is reserved. could get certain amendments in order

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

S8235

. S8236 CONGRESSIONAL RECORD — SENATE September 5, 2002 that were agreed to, with respect to Mr. BURNS. Madam President, I ask in the saving of time and the saving of the amendments, on both sides. We unanimous consent that reading of the money and has, therefore, been agreed would like to go forward with these at amendment be dispensed with. to by the managers. this point, after which I certainly hope The ACTING PRESIDENT pro tem- The ACTING PRESIDENT pro tem- the distinguished Senator from Min- pore. Without objection, it is so or- pore. Is there further discussion? nesota will then proceed. I thank him dered. If not, without objection, the amend- for his characteristic courtesy. The amendment is as follows: ment is agreed to. Madam President, I shall offer three (Purpose: To modify the provision relating The amendment (No. 4495) was agreed or four amendments for Members on to transportation services to include to. my side of the aisle. My colleague, Mr. Rocky Mountain National Park) Mr. BYRD. Madam President, I move BURNS, will offer amendments for Beginning on page 62, strike line 22 and all to reconsider the vote by which the Members on his side of the aisle. These that follows through page 63, line 2, and in- amendment was agreed to. amendments have been agreed to on sert the following: Mr. BURNS. I move to lay that mo- both sides. of transportation services at Zion National tion on the table. Park or Rocky Mountain National Park, the The motion to lay on the table was AMENDMENT NO. 4493 Secretary of the Interior may obligate the Mr. BYRD. Madam President, I send, expenditure of fees expected to be received in agreed to. therefore, an amendment to the desk. that fiscal year before the fees are received, Mr. BYRD. Madam President, on The ACTING PRESIDENT pro tem- so long as total obligations do not exceed fee these remaining amendments, when pore. Without objection, the pending collections retained at Zion National Park they are offered, I ask unanimous con- amendment will be set aside. or Rocky Mountain National Park, respec- sent that the pending amendment be tively, by the end of that fiscal year. The clerk will report. set aside until our series of amend- The legislative clerk read as follows: Mr. BURNS. Madam President, this ments have been taken care of. The Senator from West Virginia [Mr. is a technical change in the transpor- The ACTING PRESIDENT pro tem- BYRD], for Mrs. MURRAY, proposes an tation and contractual authority for pore. Without objection, it is so or- amendment numbered 4493: Rocky Mountain National Park in Col- dered. (Purpose: To provide funds for the Vancouver orado. It has been cleared on both The Senator from Montana. National Historic Reserve in the State of sides. I urge its adoption. AMENDMENT NO. 4496 Washington, with an offset) The ACTING PRESIDENT pro tem- Mr. BURNS. Madam President, I send On page 22, line 23, strike ‘‘$62,828,000’’ and pore. Is there further debate? an amendment to the desk and ask for insert ‘‘$63,228,000, of which $400,000 shall be If not, without objection, the amend- its immediate consideration on behalf made available for statutory and contractual ment is agreed to. of Senator COLLINS of Maine. aid for the Vancouver National Historic Re- The amendment (No. 4494) was agreed The ACTING PRESIDENT pro tem- serve in the State of Washington’’. to. On page 24, line 13, strike ‘‘$361,915,000’’ and pore. The clerk will report. Mr. BURNS. Madam President, I The legislative clerk read as follows: insert ‘‘$361,515,000’’. move to reconsider the vote. Mr. BYRD. Madam President, I have The Senator from Montana [Mr. BURNS], Mr. BYRD. I move to lay that motion for Ms. COLLINS, proposes an amendment offered this amendment on behalf of on the table. numbered 4496: the distinguished senior Senator from The motion to lay on the table was (Purpose: To redistribute funds allocated for Washington, Mrs. MURRAY. The amend- agreed to. Atlantic salmon recovery) ment, as the clerk has read, would pro- AMENDMENT NO. 4495 On page 13, line 19, insert the following vide funds for the Vancouver National The ACTING PRESIDENT pro tem- Historical Reserve in the State of after the colon: pore. The Senator from West Virginia. ‘‘: Provided further, That of the funds avail- Washington. The amendment has been Mr. BYRD. Madam President, I have able for endangered species recovery, fully offset and has been agreed to by an amendment which I offer on behalf $1,500,000 is for Atlantic salmon recovery ac- both managers. I urge its adoption. of Senator LEAHY. I send it to the desk. tivities administered by the National Fish The ACTING PRESIDENT pro tem- These amendments are short, so I and Wildlife Foundation and $500,000 is for the United States Fish and Wildlife Service pore. Is there further debate? would like for the clerk to read them. If not, without objection, the amend- to undertake Atlantic salmon recovery ef- The ACTING PRESIDENT pro tem- forts in Maine.’’ ment is agreed to. pore. Without objection, the pending The amendment (No. 4493) was agreed Mr. BURNS. Madam President, I con- amendment is set aside. gratulate the Senator from Maine for to. The clerk will report. submitting this amendment. What it Mr. BYRD. Madam President, I move The legislative clerk read as follows: to reconsider the vote by which the does is provide for the reallocation of amendment was adopted. The Senator from West Virginia [Mr. funds for recovery activities of the At- BYRD], for Mr. LEAHY, proposes an amend- Mr. BURNS. I move to lay that mo- ment numbered 4495: lantic salmon. As you know, we have tion on the table. ongoing recoveries for all kinds of spe- (Purpose: To permit the use of a single pro- The motion to lay on the table was curement contract by the Smithsonian In- cies across the country. Of course, one agreed to. stitution for a multi-year repair and ren- of the big ones is the Pacific salmon. Mr. BYRD. Madam President, I yield ovation of the Patent Office Building, sub- Now she has offered to pick up and ac- to my colleague to offer an amend- ject to the availability of annual appro- celerate the programs on the Atlantic ment, after which I will, hopefully, get priations) salmon. I ask for its adoption. the floor to offer another amendment. On page 102, at the end of line 26, add the The ACTING PRESIDENT pro tem- The ACTING PRESIDENT pro tem- following: pore. Is there further debate? pore. The Senator from Montana. ‘‘Provided, That notwithstanding any other If not, without objection, the amend- provision of law, a single procurement con- AMENDMENT NO. 4494 ment is agreed to. tract for the repair and renovation of the The amendment (No. 4496) was agreed Mr. BURNS. I thank my chairman. Patent Office Building may be issued which Madam President, I send to the desk includes the full scope of the project. Pro- to. an amendment on behalf of Mr. CAMP- vided further, That the solicitation of the Mr. BURNS. Madam President, I BELL of Colorado and ask for its consid- contract and the contract shall contain the move to reconsider the vote. eration. clause ‘availability of funds’ found at 48 Mr. BYRD. I move to lay that motion The ACTING PRESIDENT pro tem- C.F.R. 52.232–18.’’ on the table. pore. Without objection, the pending Mr. BYRD. Madam President, this The motion to lay on the table was amendment will be set aside. amendment, which is proposed by Mr. agreed to. The clerk will report. LEAHY, would allow the Smithsonian AMENDMENT NO. 4497 The legislative clerk read as follows: Institution to use a single procurement Mr. BYRD. Mr. President, I send an The Senator from Montana [Mr. BURNS], contract for multiyear repair and ren- amendment to the desk on behalf of for Mr. CAMPBELL, proposes an amendment ovation work at the Patent Office Senators GRAHAM and NELSON of Flor- numbered 4494. Building. This amendment will result ida. September 5, 2002 CONGRESSIONAL RECORD — SENATE S8237 The PRESIDING OFFICER (Mr. MIL- pended:’’ and insert ‘‘$42,682,000, to remain ators. Senator DASCHLE took the lead LER). The clerk will report. available until expended, of which $500,000 and I am proud to be an original co- The legislative clerk read as follows: shall be made available for the World sponsor. It deals with the question of Birding Center in Mission, Texas:’’. disaster relief. The Senator from West Virginia [Mr. On page 14, line 26, strike ‘‘$89,055,000’’ and BYRD], for Mr. GRAHAM and Mr. NELSON of insert ‘‘$88,555,000’’. I have to say, as the Senator from Florida, proposes an amendment numbered On page 15, line 5, insert ‘‘, of which Minnesota, I take this debate in the 4497: $500,000 shall be made available for the next hour, hour and a half, or 2 hours (Purpose: To direct the Corps of Engineers to Lower Rio Grande Valley National Wildlife as serious as any debate I have ever construct a portion of the modified water Refuge’’ before the colon. been involved in because I think lit- delivery project in the State of Florida) Mr. BURNS. Mr. President, this is a erally this is at least an economic life- On page 127, between lines 2 and 3, insert reallocation of funds to make sure the or-death question for many farmers in the following: Birding Center in Texas is maintained Minnesota, specifically northwestern SEC. 3ll. MODIFIED WATER DELIVERY PROJECT and it is fully offset. It has the ap- Minnesota. IN THE STATE OF FLORIDA. Before I talk about my State, I want Notwithstanding any other provision of proval of both sides of the aisle. law, the Corps of Engineers, using funds The PRESIDING OFFICER. Is there to make this appeal to all of my col- made available by this Act and funds made further debate? leagues. There was a front-page story available under any Act enacted before the Without objection, the amendment is in the Washington Post today—and I date of enactment of this Act for modifica- agreed to. know Senator NELSON and Senator tions authorized by section 104 of the Ever- The amendment (No. 4498) was agreed HAGEL have spoken about this—about glades National Park Protection and Expan- to. the drought in Nebraska. It is heart- sion Act of 1989 (16 U.S.C. 410r–8), shall im- Mr. BURNS. Mr. President, I move to breaking to read about that. It is just mediately carry out alternative 6D (includ- almost unprecedented drought condi- ing paying 100 percent of the cost of acquir- reconsider the vote. ing land or an interest in land) for the pur- Mr. BYRD. I move to lay that motion tions. For these ranchers, cattlemen, pose of providing a flood protection system on the table. and farmers, the time is not neutral. for the 8.5 square mile area described in the The motion to lay on the table was Time moves on. If we don’t take any report entitled ‘‘Central and South Florida agreed to. action and get help to them, the farm Project, Modified Water Deliveries to Ever- AMENDMENT NO. 4499 bill becomes irrelevant because they glades National Park, Florida, 8.5 Square Mr. BURNS. Mr. President, I send an don’t have any crops and they are not Mile Area, General Reevaluation Report and amendment to the desk on behalf of going to be able to produce to get a Final Supplemental Environmental Impact price. Statement’’ and dated July 2000. Senator KYL of Arizona. The PRESIDING OFFICER. The They didn’t ask for the drought. It is Mr. BYRD. Mr. President, this clerk will report. the same thing in South Dakota. Then amendment I have offered on behalf of The legislative clerk read as follows: I read about the fires in Colorado and Senators GRAHAM and NELSON of Flor- in Arizona. They didn’t ask for that. ida will expedite the important envi- The Senator from Montana [Mr. BURNS], for Mr. KYL, proposes an amendment num- During the years that I have been here ronmental restoration work currently bered 4499. in the Senate, we have also had Sen- underway in and around the Everglades The amendment is as follows: ators come to the floor from different National Park. States where there have been hurri- (Purpose: To require the Director of the Na- The amendment has been agreed to canes or tornadoes. Certainly, that has by both sides. I urge its adoption. tional Park Service to report to Congress on the status of the Colorado River Man- happened in Minnesota. It is dev- The PRESIDING OFFICER. Is there agement Plan) astating, these natural disasters. It has further debate? On page 64, between lines 15 and 16, insert nothing to do with whether people If not, without objection, the amend- the following: work hard or are good managers. ment is agreed to. SEC. 1ll. COLORADO RIVER MANAGEMENT As I have said, there but for the The amendment (No. 4497) was agreed PLAN. grace of God go I. Nobody knows, in to. Not less often than annually, the Director our part of the country, when you Mr. BYRD. Mr. President, I move to of the National Park Service shall report to could be hit by a tornado. In other reconsider the vote by which the Congress on the status of the Colorado River parts of the country, it could be a hur- amendment was agreed to. Management Plan. ricane, drought, fire, or flooding. Mr. BURNS. I move to lay that mo- Mr. BURNS. This amendment has the So I think this vote is a test of our tion on the table. approval of both sides of the aisle. I goodness. I am not going to bash away The motion to lay on the table was urge its adoption. at the administration. I hope the ad- agreed to. The PRESIDING OFFICER. If there ministration is changing its view and Mr. BYRD. Mr. President, the re- is no further debate, without objection, not working strongly against this maining amendments will be offered by the amendment is agreed to. amendment. Frankly, I will give all the my colleague, Mr. BURNS. The amendment (No. 4499) was agreed credit in the world to anybody who AMENDMENT NO. 4498 to. helps. It doesn’t really matter to me. If Mr. BURNS. Mr. President, I send an Mr. BURNS. Mr. President, I move to the White House is going to show flexi- amendment to the desk on behalf of reconsider the vote. bility and support, and we pass this Mrs. HUTCHISON of Texas and ask for its Mr. BYRD. I move to lay that motion amendment on the floor, and it is kept immediate consideration. on the table. in conference, I will applaud everybody The PRESIDING OFFICER. The The motion to lay on the table was and give credit to everybody. I hope clerk will report. agreed to. that is the way it will be because, The legislative clerk read as follows: Mr. BURNS. Mr. President, I yield frankly, I think disaster relief is real- The Senator from Montana [Mr. BURNS] for the floor. ly—look, people say I have been in a Mrs. HUTCHISON, proposes an amendment Mr. BYRD. Mr. President, I thank my lot of intense debates on the floor and numbered 4498. distinguished friend and colleague, the probably will be in one this afternoon Mr. BURNS. I ask unanimous consent ranking member. This completes the about these scoundrel companies that that further reading of the amendment series of amendments to which I al- go to Bermuda and set up sham head- be dispensed with. luded earlier. quarters and don’t pay their fair share The PRESIDING OFFICER. Without The PRESIDING OFFICER. The of taxes. objection, it is so ordered. Chair recognizes the Senator from Min- I don’t think the whole question of The amendment is as follows: nesota. emergency disaster relief has any party (Purpose: To make a technical change with AMENDMENT NO. 4481 label to it. Certainly, the people whose respect to the Lower Rio Grande Valley Mr. WELLSTONE. Mr. President, I lives are destroyed are Democrats, Re- National Wildlife Refuge) thank the Senators for their fine work. publicans, Independents, or none of the On page 14, lines 11 and 12, strike We are now debating an amendment above. Certainly, this is about our ‘‘$42,182,000, to remain available until ex- that was laid down by a number of Sen- States and the people we represent and S8238 CONGRESSIONAL RECORD — SENATE September 5, 2002 doesn’t have a lot to do with party I come to the Chamber to urge my It is no secret that over an extended identification, period. colleagues, to appeal to my colleagues period of time, Saddam Hussein and As I said yesterday—and I will get to to please support this amendment. Iraq have been developing this capa- the specifics about Minnesota—I know Please support it. This amendment will bility. It not only includes chemical I have never voted against disaster as- provide much needed help to many weapons and biological weapons, but a sistance moneys for any part of the wonderful, hard-working people in delivery system. Clearly, we have seen country because I think it is an exam- northwestern Minnesota and, for that as a consequence of the Persian Gulf ple of there but for the grace of God go matter, around the country. war the capability of a delivery system I. We are grateful that I can help other The vote we are going to have, which reaching Israel. In addition to that, we parts of the country, and we are grate- will probably be sometime before noon, have every reason to believe he is de- ful it wasn’t our homes or farms or will be a critically important vote. We veloping his nuclear capability. that it didn’t happen in our State. We will need 60 votes. I hope we get the 60 The question to which we have to re- are grateful that it didn’t happen in votes. I say to the Chair, having been late is, of course, the obligation as to our communities. But sometimes it to northwest Minnesota several times, how to thwart this exposure from the does happen in our State and in our these have been some of the toughest standpoint of the United States’ role as communities, in which case we come to meetings I have ever attended. The not only the peacekeeper of the world the floor and ask colleagues for sup- farmers are at their wits end. It is not but the recognition that if the United port. like they are asking for help. The Pre- States does not do it, it probably will Really, on the whole question of off- siding Officer knows some of the people not be done. sets, we haven’t done offsets for dis- about whom I am speaking. They are I bring that reference up to simply aster relief before. This is just some- not comfortable asking for help. They highlight a comparison. Had we known thing that happens and we know when know they have to have help or there is in advance of 9/11 the contemplated ex- it happens that we provide the help. So no tomorrow; they will have no future posure—not only to the United States, in the case of Minnesota, we are talk- at all. but the peace of the world, as we knew ing about 17 counties in northwest If they can get the good news today the world prior to that time and the Minnesota. We are talking about rich that the Senate said, We are going to recognition that a number of aircraft farmland and about having been really provide you with the help, we are going was going to be used as weapons and massively damaged and devastated by to provide the disaster relief money, it the consequences associated with the the flooding. FEMA does good work. I will make all the difference in the aircraft that went into the World love the work they do. They have been world. If we get over 60 votes, I really Trade Center in New York, the Pen- to Minnesota many times. They are an believe we will have a good chance of tagon, and, of course, the exposure in amazing group of men and women. It is keeping it in conference. I think the Washington and other areas of the an interesting job they have. They White House will support us, and we United States associated with the ac- come in crisis situations and help with can do this together. tivities at that time—we would have temporary housing, and the Small As a Senator from Minnesota, having taken some action, Mr. President. Business Administration tries to help a pretty clear picture about when we There is no question about it because with additional funding; and if there is talk about $300 million worth or $350 we knew the ramifications of not tak- damage of infrastructure, public infra- million worth of damage and number of ing such action. structure, they have helped us rebuild acres, I translate that all into personal What I am saying is we have a di- schools in our State. terms. I think of all the husbands, lemma in the sense of a recognized con- As my colleague from Montana and wives, children, and families with centration of weapons of mass destruc- all Senators who are from farm coun- whom I have met. The farmers are not tion being controlled by an individual try know, they do not provide assist- here, but they are counting on us to who is not only uncontrollable but one ance to the farmers. We need help for represent them well. who has, over an extended period of these farmers—the wheat growers, corn I say to all Senators, please represent time, initiated actions such as we have growers, soybean growers, you name it. well the people in the country who seen during the Persian Gulf war where Everything that is in the farm bill will have been hit with these natural disas- he saw fit to invade Kuwait with the be irrelevant. We are lucky if it covers ters, and please vote for this amend- intention of going into Saudi Arabia 70 percent of the cost. We would be ment. I yield the floor, and I suggest with the objective of controlling the very lucky. The farmers cannot afford the absence of a quorum. wealth of the oil provinces of that part a 30-percent loss. The PRESIDING OFFICER. The of the world. That was his objective, I call on our colleagues for their sup- clerk will call the roll. make no mistake about it. port. The past is the past, and the The assistant legislative clerk pro- If he could have prevailed in Kuwait present is the present. I am interested ceeded to call the roll. and gone into Saudi Arabia, he would in the present. We had in the Senate Mr. MURKOWSKI. Mr. President, I have controlled a good portion of Mid- bill farm money for disaster relief as- ask unanimous consent that the order east oil and, hence, the wealth and sistance. I wish it had been kept in for the quorum call be rescinded. cashflows of the area. conference. It was not. That is beside The PRESIDING OFFICER. Without The consequences of that, as we see the point. It is in the past. We tried to objection, it is so ordered. Saddam Hussein again amassing this put it on the emergency supplemental Mr. MURKOWSKI. Mr. President, I threat as a consequence of his develop- bill, and there was opposition. ask unanimous consent that I be al- ment of weapons of mass destruction, My hope today is that we will come lowed to speak as in morning business brings us to the evaluation of what ac- together, Democrats and Republicans, for 5 or 6 minutes. tion we should take. Is it inevitable and we will do it because we know this The PRESIDING OFFICER. Without that sooner or later Saddam Hussein is what we always do. When people are objection, it is so ordered. will use these weapons of mass destruc- faced with these kinds of crises—this Mr. MURKOWSKI. I thank the Chair. tion, and against whom? does not have anything to do with low f We have had an opportunity to ob- prices; it does not have anything to do serve a pattern of Saddam Hussein in with countercyclical payments or dairy IRAQ the time since the Persian Gulf war. If payments; it does not have anything to Mr. MURKOWSKI. Mr. President, as one can perhaps simplify it, we have do with the Conservation Reserve Pro- we contemplate military action initiated a no-fly zone over Iraq since gram. against Iraq, I wish to bring to the at- about 1992. In initiating that no-fly This has to do with weather-related tention of my colleagues the rational- zone, we have taken out some of his disasters that have literally devastated ization, in the opinion of the junior targets. He has attempted to shoot so many people in farm country in Senator from Alaska, of the cir- some of our aircraft down that are pa- America today and/or in other parts of cumstances surrounding the risk to trolling the area. our country today. I think of the fires allow Saddam Hussein to continue to There is another inconsistency that again. develop weapons of mass destruction. stands out even more openly, and that September 5, 2002 CONGRESSIONAL RECORD — SENATE S8239 is the realization that during this time included ANWR in its bill and the issue am glad the President is going to the we have been buying oil from Saddam is before the conference. United Nations. Hussein, hundreds of thousands of bar- At a time when we are contemplating I am breaking our own rules here. I rels a day. In September of 2001, we set an action against Saddam Hussein, ask unanimous consent, although the a record by importing nearly 1.2 mil- which certainly would result in an up- Pastore rule may not have run its lion barrels of oil per day from Sad- heaval in the Mideast, it is imperative course, I may speak on a different sub- dam. each Member recognize his or her obli- ject. It is almost as if we would take his gation to address this with some final- The PRESIDING OFFICER. Without oil, put it in our airplanes, and go take ity. It simply makes sense to authorize objection, it is so ordered. out his targets. That is rather ironic. I the opening of this area so we can re- Mr. BYRD. The United Nations, I think it is rather inconsistent, and it duce our dependence on Mideast oil, think, has a duty to let the world know shows certainly an inconsistency in particularly the sources we currently where it stands and what its opinion is. our foreign policy. get our oil from, including Iraq and If this country is going to eventually What does he do with the money he Saddam Hussein. go into a difficult situation, as may receives from the United States? Why, There is going to be an invitation by confront us, if war is declared by this he takes care of his Republican Guard, the conference to invite Members to legislative branch, or if war is ap- the group that keeps him alive, and de- ANWR, to Kaktovik, on September 13. proved, authorized, by this legislative velops more weapons of mass destruc- Members should avail themselves of branch, then we in the United States tion and perhaps aims them at our ally the opportunity to see for themselves should not have to go it alone. Israel. Maybe that is an oversimplifica- that it could be opened up safely. But when we say we have every right tion of foreign policy. Nevertheless, I yield the floor. to believe that Saddam Hussein has de- that is what has been going on over a The PRESIDING OFFICER. The Sen- veloped nuclear capability, well, we period of time. So we have become, to ator from West Virginia. have every right in our minds to think some extent, perhaps a partner because Mr. BYRD. Mr. President, I thank perhaps he has, and we can easily con- we are providing Saddam Hussein indi- the distinguished Senator from Alaska vince ourselves, but is that enough? rectly, through the purchase of his oil, for his comments. There will come a Where is the evidence? with a cashflow that allows him to de- time when the Senate should debate I, for one, intend to ask questions as velop his weapons of mass destruction. this question. we go along. It is not unpatriotic to Others might say that is inconsistent I compliment the distinguished Sen- ask questions. I intend to ask ques- logic because someone else would buy ator from Alaska on his concerns with tions. I have a right to ask questions. his oil if the United States did not. I respect to Saddam Hussein. I believe he Where is the evidence? We might think am not going to pursue that, other said we have every reason to believe about that as we go along. than to state a fact: We are buying Saddam Hussein has developed a nu- f hundreds of thousands of barrels of oil clear capability. I hope I am not mis- from Saddam Hussein. He is developing quoting the Senator. DEPARTMENT OF THE INTERIOR weapons of mass destruction. Where In the days ahead, we will want to AND RELATED AGENCIES APPRO- does he get the money? A portion of it know what the evidence is. I do not in- PRIATIONS ACT, 2003—Continued comes from oil sales to the United tend to get into any long debate at this Mr. BYRD. Mr. President, I hope Sen- States. point about the matter because we ators will come to the floor if they So as we contemplate our decision on have a bill before us with a pending have anything to say by way of debate initiating an action against Saddam amendment. We need to get on with on the pending amendment, if they Hussein, we have to look back to the that, but no Senator is seeking rec- have an amendment to the amendment. circumstances surrounding 9/11 where, ognition at this point. I hope Senators will come to the floor had we known that the threat was Perhaps Saddam Hussein has devel- and exercise their right to offer amend- what it turned out to be, we would oped such a nuclear capability. When ments, or to speak. But we do not have have initiated an action. We did not the able Senator says we have every the time to waste by just waiting and know. We did not initiate an action. reason to believe he has, that is not letting the clock run. We can criticize our security. We can quite the point. Where is the evidence? This afternoon, the Senate will be de- criticize the CIA and the other intel- Of course, it is to be expected that bating the homeland security legisla- ligence agencies for inadequate infor- some people in this country will assign tion. Take a look at the situation we mation. Nevertheless, the fact remains, unpatriotic reasons for the asking of are in. October 1, a new fiscal year, is we did not know. Had we known, we questions by Senators. We have a right rapidly approaching. It is staring us in would have taken action. to ask questions, we have a duty to ask the face. Not one appropriations bill In the case of Saddam Hussein, clear- questions, because we are living in a has been sent to the President for his ly we know he is developing weapons of very perilous time. signature. Where is the other House, mass destruction. So the point is, The war drums are beating all around where is the other body, on this mat- should we take action? If we do not, us. I want to listen to what is said. I ter? I don’t seek to point the finger, who will? What is the actual threat? want to listen to what the President but the facts are the facts. We do not know, but it is clearly a has to say. I want to listen to what he The Appropriations Committee of the choice. We are giving Saddam Hussein is going to say at the United Nations. Senate, which I chair, and the distin- a choice of either surrender—in other I hope the United Nations will respond. guished former chairman, just pre- words, open up your country to the I am not saying we in the Congress ceding me, Senator STEVENS, he and I U.N. inspectors—or be prepared for the have to have authorization by the and others on the committee, Repub- ultimate alternative, and that is basi- United Nations. Authorization is con- licans and Democrats, have reported cally to be subjected to a conflict that tained right here in this little book I out 13 appropriations bills. We did that could go on for some time. hold in my hand, the Constitution of before the recess. We in the committee I see my good friend, the senior Sen- the United States. This Congress has have done our work. Where is the ator from West Virginia, is seeking the power to declare war. House? Why doesn’t the House report? I recognition. I will conclude with one I, for one, am not going to hang my have to be careful about criticizing the reference: That we need to consider vote on an authorization by the U.N. other body. I don’t criticize. I simply again the obligation that the energy for us in this Congress to do thus and ask the question, Where is the House in conferees have. The conference is in so. We should know what the United this matter? order. The issues are being discussed. Nations has to say. I think the United The House has acted on the House There is an issue, and it is the issue of Nations should take a position. If the floor on, I believe, six bills; I believe I opening up ANWR that is within the straits are as dire as we hear, then the am correct. The Senate on the floor authority of the conference to bring United Nations ought to be concerned. has acted on, in the past, three appro- back to the Senate for action. As the And the United Nations ought to give priations bills. One is now pending. But President well knows, the House has the world the benefit of its opinion. I all the appropriations bills have been S8240 CONGRESSIONAL RECORD — SENATE September 5, 2002 reported by our Appropriations Com- was ever asked in the history of man- In the northeastern part of the State, mittee in this Senate. We did that be- kind was the question: Where art thou? we fared pretty well with crops, grass. fore the recess. We need other bills And God, walking through the Garden But as the rangeland has droughted out from the House. The Constitution does of Eden, in the cool of the day, said: in the last 5 years, we have seen a de- not say appropriations bills have to Adam, Adam, where art thou? That was cline, also, in the numbers of livestock. start in the House. It says the revenue the first question that was ever asked That not only affects our farm income bills must, the revenue-raising bills, in the history of mankind: Where art but also our tax base. It affects us in but not appropriations. However, by thou? many more ways than just the loss of custom, the House over the years has If I might just pick up on those the numbers of cattle or the loss of a generally initiated the appropriations words—that is all that I, this humble crop. bills. I don’t have any quarrel with piece of mortal clay can do, is ask: So this is needed legislation. that. Where art thou? Where are the Sen- We have tried, now, for better than a So where are the other bills? Our ators? Where are we? year and a half to provide relief for time is fast running. The new fiscal Let me say again with apologies to those who have been affected by that year begins on October 1. Here we are, Senators, I know they are very busy. weather pattern. We have an oppor- the Nation is confronted with some But those who have amendments ought tunity here to pass this legislation. great questions. The question of home- to come. This floor is open and will be. The chairman of the subcommittee and land security, that is homeland de- I will take my chair at any time some- the chairman of the full committee is fense. That is the defense of our coun- body comes in the door. right on when he says we should be try, our families, our children, right So: Where art thou? Senators, hear moving on this piece of legislation. In here in this country. me, come to the floor, offer your fact, it should be off from the Senate We have legislation before the Senate amendments; let’s have votes and move tonight, to be honest, probably, if we that deals with homeland security. We on. had the full days to work on it. But ev- need to get on with it or we need to Mr. President, I yield the floor. eryone knows we move to homeland de- The PRESIDING OFFICER. The Sen- take our time. And here again we need fense, homeland security, later and we ator from Montana is recognized. to ask questions—that is what I have Mr. BURNS. Mr. President, the Sen- are paralleling these two pieces of leg- been doing—on homeland security. But ator from West Virginia makes a good islation. where are we? Here we are with three point. We always hear about those who This particular appropriations bill al- Senators on the floor. Now, Senators want to come and make their state- ways draws a little bit of attention be- are busy. There are committee meet- ment regarding any piece of legisla- cause it deals with sensitive areas: Our ings going on, I know, right now. How- tion. Then we go at breakneck speed national public lands and our parks. As ever, I urge Senators to come to the and grind to a halt. That seems to be many people as there are in the world, floor and get this bill going and try to what we have done. there are that many opinions as to how pass it. Let me just say a few words on behalf we should manage those public lands Tomorrow, a good many Senators are of the drought amendment that is be- and those parks. So it brings diverse going to New York City. I am not, but fore the Senate. We are concerned ideas, different ideas, and many of a good many Senators are going to New about the drought as it happened in them come to this floor. However, we York City. I don’t believe I need to go this area that has been expanded. We have been lacking that debate in the to show my concern for what has hap- have been in a drought situation in last 2 days, and that causes some con- pened. I have reacted as chairman of Montana for about 5 years. We have cern, I suppose. Nonetheless, we should the Appropriations Committee, I and been, not only in a situation of summer be moving along. Senator STEVENS, Republicans and drought and no summer moisture, but I urge my colleagues, especially Democrats on that committee have re- also in the area of low snowpack in the those on this side of the aisle, that if acted, have responded to the needs of Rocky Mountains, in the areas that they have amendments to offer or want New York City. We have done the best feed the irrigation water and stock to speak on the issue that is before us we could. We have appropriated $20 bil- water and many other amenities that now, to do it now. It will not be long lion. So we have responded. I feel sor- have been provided by that wonderful before we will be to noon, and at that row and the need for comfort as much element. But this year, that drought time we go into morning business and as anyone, but I make the point here expanded. It expanded to our neighbors then, after that, homeland security. that I am not going. I think we ought to the south, Colorado and Wyoming, I stand in support of the chairman of to be right here doing our work. We the western Dakotas, and Kansas. the committee in asking our colleagues have plenty of it to do and not much Some would say that is almost the to please do that. I know we are work- time. breadbasket of this country. ing feverishly to clear more amend- Look at the calendar, and you will I had an opportunity to drive through ments. We have already done some of see how squeezed we are to get our re- those drought areas in western Kansas those, and the staff has just done won- maining work done. We have homeland and Colorado and western Nebraska, derful work in narrowing down our security. We have nine more appropria- and I would say the stories I heard and work on the amendments that were of- tions bills to pass in this body after the history we have studied of the fered by Members of the Senate. this bill that is before the Senate is great drought of the dirty thirties—if Seeing no other Senator standing acted on. Then we have to go to con- we were using the same farm way of with a request to speak, I suggest the ference. And here we are, the calendar doing business that we did then, we absence of a quorum. is running. would probably be back in a dust bowl The PRESIDING OFFICER. The I have taken a good bit of time on situation in the Midwest. That is how clerk will call the roll. this point to say this. I don’t want any- dry it has been—just no rain at all. The assistant legislative clerk pro- one to misunderstand my remarks. I So this is needed legislation. It is not ceeded to call the roll. have my own viewpoint. As Popeye just legislation that has come as a Mr. REID. Mr. President, I ask unan- used to say: I am what I am, and that’s whim to anybody who lives in the imous consent that the order for the all I am. So I have my viewpoint. But heart of this country. quorum call be rescinded. it is not my will that should be done. Was all of Montana affected by The PRESIDING OFFICER. Without We have work to do, and we ought to be drought? No. We are a large State. We objection, it is so ordered. here doing it. We ought to be here right are 148,000 square miles—not quite as Mr. REID. Mr. President, we now now moving on with it. big as Texas, not quite as big as Cali- have a number of issues pending on The distinguished ranking member is fornia or Alaska. Nonetheless, if you this important piece of legislation. But here at his post. He and I have offered measure in air miles from the north- the one issue that is pending that we amendments on behalf of the Members west corner to the southeast corner of need to dispose of today is drought as- on both sides. Where are the other my State, it is further than from here sistance. People on both sides of the Members who have amendments? to Chicago—from Washington, DC, to aisle need to move this issue for their Where are they? The first question that Chicago. constituents. It is an important piece September 5, 2002 CONGRESSIONAL RECORD — SENATE S8241 of legislation. We have been waiting— The assistant legislative clerk pro- ing, I have to liquidate my herd and I yesterday and today—for people to ceeded to call the roll. am out of business. come to speak against it. We have had Mr. REID. Madam President, I ask Of course, he would have to liquidate no one come to speak against this piece unanimous consent the order for the his herd at the time prices are plung- of legislation. quorum call be rescinded. ing; ranchers all over the region are That being the case, I am going to The PRESIDING OFFICER (Mrs. liquidating their herds because there is move to waive all points of order deal- CARNAHAN). Without objection, it is so not feed for their cattle. It is hap- ing with this amendment. I think that ordered. pening in Montana, North Dakota, should be done. I intend to do it very Mr. REID. Madam President, we are South Dakota, Nebraska, and Kansas, shortly. in a Senate kind of situation here. We right down the heartland of the coun- Some people may not like it, but the have both managers of the bill who try. fact of legislative life in the Senate is support the amendment offered by the At the same time the whole south- that we are going to have to vote on majority leader. I believe we have a western quarter of my State is hit by this legislation. We should move for- significant majority of Senators who the worst drought since the 1930s, in ward on it. Once we get it out of the support the Daschle amendment. But the northeastern quadrant of the way, we can move further down the we are in a posture where we have peo- State, we have had hundreds of thou- road. ple—unknown, unnamed—who do not sands of acres that couldn’t be planted The two managers of the bill have like this amendment. because it was too wet. What a remark- acted on a number of amendments As I indicated earlier, we are going to able set of circumstances. today. We could complete this bill very move to waive points of order on this In northeastern North Dakota, in a quickly. We only have an hour left amendment. We are not going to do it 24-hour period, we got 12 inches of today. now, as Senator BYRD suggested; we rain—12 inches of rain in a State where The amendment now pending before will do it at a later time. To get people we average 18 inches of rain in a year. the Senate is the drought assistance to come over who oppose this amend- Hundreds of thousands of acres were amendment offered by Senator ment would be the most appropriate destroyed, much of it never planted. DASCHLE. thing to do. Some 3 million acres in my State were Is that correct? In the meantime, Madam President, I never planted. This is a disaster by any The PRESIDING OFFICER. That is ask unanimous consent that the Sen- description. the pending amendment. ator from North Dakota, Mr. CONRAD, What we do here determines whether Mr. REID. Mr. President, at this be recognized for up to 10 minutes to or not people go under or survive. time, I move to waive all points of speak on the underlying legislation and Some have said: Look to the farm bill order relating to this amendment. that the Senator from Montana be rec- for your assistance. There are no dis- Mr. BYRD. Mr. President, will the ognized for up to 10 minutes to speak aster provisions in the farm bill. I was Senator yield before he makes that mo- on the legislation. Following that, I one of the conferees on the farm bill, tion? ask unanimous consent that, after call- along with the distinguished chairman Mr. REID. I would be happy to yield. ing off the quorum call, Senator BYRD of our committee, the Senator from Mr. BYRD. Mr. President, the Sen- be recognized. Iowa. We had disaster provisions in the ator has the floor and certainly has the The PRESIDING OFFICER. Without farm bill that passed the Senate, but right to make that motion. Would he objection, it is so ordered. when we went to conference, those who mind, now that he has announced his Mr. REID. Madam President, I would represented the House told us there intention, to go through a quorum call therefore ask we go forward with the 10 were two issues they could not discuss and get consent that once the quorum minutes, and the 10 minutes, and then, in the conference. Those two issues: call is completed he retain his right to if there is a quorum call, the Senator Opening up Cuba for trade and disaster the floor? Certainly before he makes gets the floor. I think it might be bet- assistance. the motion other Senators may come; ter if he just got the floor after this. They said those had to go to the they will know. They will know from Let’s do it that way. After they finish Speaker of the House. And when the having heard this that business is mov- their speeches, Senator BYRD gets the majority leader called the Speaker of ing and that we can’t continue with the floor. the House, he said unequivocally: No luxury of waiting until next week. The PRESIDING OFFICER. Without disaster assistance, period, in the farm Mr. REID. Mr. President, the experi- objection, it is so ordered. bill. ence and wisdom of my friend from The Senator from North Dakota. The conferees from the House side West Virginia has prevailed in the past Mr. CONRAD. Madam President, the said that later on in the session it and will this time. I think his sugges- amendment before us is critically im- would be possible to consider disaster tion is a wiser choice. I withdraw my portant to many parts of the country. assistance, but it was not possible in motion. It is certainly critically important to the farm bill. The PRESIDING OFFICER. The mo- my State. So when the White House says to tion is withdrawn. This has been a year of extremes. In farmers in this country, look to the Mr. REID. Mr. President, I indicate southwestern North Dakota, it has farm bill for disaster assistance, there to all assembled here that we need to been the worst drought since the 1930s. is no help there for disasters. It was move this amendment along. I have If you went to southwestern North Da- specifically precluded by the speaker of had a number of people indicate to me kota, what you would find is it looks the House of Representatives, sup- that they do not like this amendment, like a moonscape. We have had ported by the President of the United but they can come and talk about it. wildfires, the most extensive in my States. There is no disaster assistance This isn’t just going to go away. I hope lifetime. in that farm bill. we can do that very shortly. We had, in one part of south central I just held a hearing in my State on I would also indicate that Senator North Dakota, a wildfire that burned this issue. The Governor of the State, a HARKIN is here wishing to offer a sense- 35,000 acres. That burned an entire Republican Governor, the commis- of-the-Senate resolution. town, the little town of Shields, ND. sioner of agriculture, a Democrat, the I ask unanimous consent that I re- Hundreds of buildings burned up. The leaders of the farm organizations— tain the floor when the quorum is re- only two buildings that survived were some Democrats, some Republicans— scinded. the bar and the church. It is amazing were present. What unified them was The PRESIDING OFFICER. Is there what happens in these circumstances. the dire emergency that exists, the ur- objection? I was there the morning after that gent need for aid. Every single witness Without objection, it is so ordered. dreadful night, and I met with the at the hearing, and everyone in the Mr. REID. Mr. President, I suggest ranchers. One rancher had been up crowd who spoke, delivered the same the absence of a quorum. fighting fires for 72 hours. message: Unless there is help coming, The PRESIDING OFFICER. The As he slumped in a chair, he told me: thousands of farm families are going to clerk will call the roll. Senator, if there isn’t assistance com- be forced off the land. S8242 CONGRESSIONAL RECORD — SENATE September 5, 2002 They made it very clear. The com- natural disasters. That is the American the Nation—particularly the high missioner of agriculture said the losses way. It is what we have done consist- plains States, and perhaps even the in North Dakota so far are over $800 ently for others. We ought to do no less State represented by the occupant of million. In Washington, $800 million is now. the Chair—the rural American land- not a lot of money. In North Dakota, I urge my colleagues to join to pass scape is going to change forever. Small $800 million is a huge amount of this urgently needed legislation. We towns are going to die. People are money. It will condemn to failure thou- have helped you when you needed as- going to leave. There is not going to be sands of farm families if there is not sistance. We are asking now for the much left. We are going to be destroy- assistance coming from here. same consideration. At a time of dev- ing a way of life. Every time there has been a natural astating natural disasters, our region It is that basic, that simple. It has disaster in any part of the country for of the country needs help. We are not been said this is a real emergency, a as long as I have been in the Senate, alone. real disaster. That is an understate- this Nation has responded. We have de- Even with higher prices than were ment. It will be changing the landscape clared an emergency. We have provided anticipated, it is very important to un- of rural America if this legislation does the money. We should do no less here. derstand that because production is not pass. It is not just North Dakota. It is the dramatically reduced, USDA, just 2 I want to read from a letter from flooding in Minnesota, the worst floods weeks ago, indicated that net farm in- Wells Fargo Bank, a national lending in their history. It is disaster in our come would decline by a stunning 23 institution which has banks in Mon- neighboring State of Montana, our percent. That is what is going to hap- tana. This is from Alan Pearson, dis- neighboring State of South Dakota, pen because of this series of natural trict manager: and, as I indicated, right down the disasters. Wells Fargo has always had a number of tools at its disposal, recognizing that farm- heartland of the country. We have seen That is a hit no part of our economy ers and ranchers have cyclical years. As the worst wildfires in history in Colo- can afford to take. It is time to act. It lenders, we have made all efforts to ensure rado and Arizona—all of this because of is time to vote. We ought to have that that credit needs are met by providing oper- overly dry conditions. But there are opportunity. I thank the Chair and ating lines of credit and equipment and real parts of the country that have had yield the floor. estate financing. In addition, where applica- flooding and, as a result, crop failure. The PRESIDING OFFICER. The Sen- ble, Wells Fargo is the principal provider and ator from Montana is recognized. underwriter of Federal Crop Insurance. This bill costs over $5 billion. We However, it is our sense that, without sig- know that. We acknowledge it. But Mr. BAUCUS. Madam President, nificant Federal assistance for our region, what has not been discussed is the sub- first, I thank my colleague from North many farmers and ranchers will not make it. stantial savings in the farm bill be- Dakota. He made a very good point Private insurance and easing of credit re- cause of these same conditions. There that I don’t think has been emphasized quirements only go so far. are billions of dollars of savings in the enough; namely, the farm bill that this A principal reason why the situation war- body passed and enacted into law be- rants Federal assistance is that surface and farm bill because prices are higher groundwater resources have depleted to a than were anticipated at the time the cause of the recent disastrous condi- level that requires successive above-average farm bill was written. Why? Because of tions occurring in America will result periods of precipitation to bring water re- these disasters, there is less produc- in fewer Federal payments, fewer dol- serves back to normal levels. tion. Therefore, prices are higher than lars paid out than was anticipated I will repeat that. The situation has were anticipated. As a result, there under that bill. As my friend from deteriorated so much that only with will be substantial savings in the farm North Dakota pointed out, it is billions ‘‘successive above-average periods of bill. of dollars in savings which largely will precipitation to bring water reserves I have asked the Congressional Budg- offset the cost of this bill. back to normal levels’’ will farmers et Office to reestimate the farm bill My good friend further pointed out begin to recover. based on these most recent prices. I that farmers will receive payments Continuing: can tell you, it will mean billions of under this legislation, disaster assist- These conditions have worsened over the dollars of savings in the farm program ance, but will not receive it until this last 3 years, and our analysis shows that itself. But those dollars are not avail- legislation is enacted into law. I thank farm income will suffer unless Government able for the disaster program unless we my good friend from North Dakota for assistance is available. making that valid point. Some think As you are aware, without specific and pass one. timely Federal emergency disaster assist- This is an emergency. Always we that, gee, if we passed a farm bill, why ance, many producers will face daunting have responded to natural disasters. do we have to pass agricultural dis- challenges in their operations. Whether it was hurricanes in Florida, aster assistance which, for the 2 Unfortunately, a natural disaster is earthquakes in California, flooding in years—2001 and 2002—crop disaster pro- not only a condition in just a few Missouri, or drought in other parts of gram and the livestock assistance pro- States, as of July 22, 49 States are im- the country, this Nation has rallied as gram scores at $5 billion. Crop Insur- pacted by drought, and 36 percent of one to provide assistance. ance is an important risk management our country is currently classified at I was very interested to see the tool but provides declining coverage in some level of drought. More than 40 President supporting disaster assist- years of successive disasters. Emer- percent of our Nation’s rangeland is ance for eastern Europe at the very gency haying and grazing on CRP acre- currently rated as poor or very poor. time I was home in North Dakota age is important. These are all pieces This is an issue that cannot be ignored. going community to community. We to the puzzle. The piece that is still The Senator from North Dakota saw the President declare his support missing—that producers are counting mentioned the problems in conference, for U.S. assistance for disasters, flood- on the most—is emergency natural dis- trying to get the other body to agree, ing, occurring in eastern Europe. Well, aster assistance. I thank my friend and the Speaker has basically said no. he has a plan for eastern Europe. He from North Dakota for pointing that I hope very much the Speaker recon- has no plan for the heartland of Amer- out. siders, that the White House recon- ica. Madam President, this is really pret- siders and realizes that there is such an That cannot be the result. That is ty basic. Without our help, without emergency that we must pass this leg- not fair. It should not be what we do. passing agricultural disaster assistance islation. We ought to declare an emergency just for farmers and ranchers, this body will I am pleased more than a fifth of the like we always do. We ought to under- accomplish change in the future of Senate has cosponsored this amend- stand there are substantial savings rural America forever. We are at that ment. I will read some of the organiza- under the farm bill because prices are point. After successive years of dis- tions that proposed this and endorse it: higher than were anticipated because aster, drought in Montana, we are at National Farmers Union, American of these very disasters. And we ought the breaking point. Farm Bureau Federation, National to reach out a hand of help and hope to If agricultural assistance does not Cattlemen’s Beef Association, Amer- the hundreds of thousands of families pass, I can tell you that my State of ican Corn Growers, American Sheep In- across this country hit by the various Montana, and probably other States in dustry, American Soybean Association, September 5, 2002 CONGRESSIONAL RECORD — SENATE S8243 National Association of Wheat Grow- same disaster conditions today, but it I indicated to the staff of the minor- ers, National Barley Growers, and a is not as well known because it is a ity that we would like to extend time number of others. slow disaster. Mother Nature some- on this bill until 12:30 p.m. today. I will I want to make another point that times rains in parts of our State and not put that in the form of a unani- has not been made enough. There have not in others. Drought disaster is not mous consent request until I hear from been many references to the Dust Bowl as visible as, say, a WorldCom bank- the minority. That is what I would like years in the thirties. Some farmers tell ruptcy or an Enron bankruptcy; but it to do. me—very respected farmers whose op- is just as important—in fact, even It is my understanding the Senator erations have been in families for more important to those people who from North Dakota wishes to speak on years—that this is even worse than the have to leave those communities and this legislation for up 10 minutes. I ask thirties for two reasons: Basically, in to those communities and towns. unanimous consent that the Senator the thirties, there was 1 year with a I plead that Members of this body from North Dakota be recognized to little precipitation that broke the vote overwhelmingly to help people speak, and that following his state- drought a little bit. But, more impor- who are facing disaster. I ask the body ment, I be recognized. tant, in the thirties, we did not have to also recognize the disaster we are The PRESIDING OFFICER. The Sen- something called CRP. We did not have facing. I ask the President of the ator from North Dakota. the Conservation Reserve Program. United States to reconsider and agree Mr. DORGAN. Madam President, I Many producers in my State have put and recognize that we have a disaster listened attentively to my colleague their land in the CRP. What is CRP, for in the heartland of America, and we from North Dakota and my colleague those who don’t know? The CRP is the have a responsibility collectively, as from Montana. Their remarks about program the United States provides for the people’s representatives, to help this issue describe how important it is farmers so they can take their land out the people we represent and support for us to enact legislation dealing with of production and put it into grassland, disaster assistance. It is the only thing this disaster. in reserve. That is the Conservation we can do. I thought I would bring a poster that Reserve Program. It helps the environ- I yield the floor. shows a picture of two parts of North ment and helps game and birds and so Mr. CONRAD. Will the Senator yield? Dakota: One State, two extremes. This forth. It is also a way for farmers to Mr. BAUCUS. I will be glad to yield top picture shows a farmer/rancher cash flow during years of drought. to my good friend from North Dakota. down in the southern part of our State Because of better farming practices The PRESIDING OFFICER. The Sen- standing in an area that looks very today, we do not have the Dust Bowl ator from North Dakota. much like a moonscape. There is no situation. If we continued to use the Mr. CONRAD. Madam President, I vegetation left. This is completely dry same farming practices today, we say to my colleague, we deeply appre- and pretty well dead. This is a drought would be back to the situation of the ciate the information he has provided area that has consumed a significant thirties. You would see wind blowing on this issue. It was the Senator’s portion of the southern part of our dust across the Nation. It is because of amendment that prevailed in the Sen- State, and it has been devastating to our better farming practices that we ate farm bill to provide disaster assist- those farmers and ranchers trying to don’t have quite the Dust Bowl situa- ance in the first place. Nobody has un- make a living down there. tion that all Americans at that time derstood better than he the con- This bottom picture was actually knew about. sequences and the magnitude of this taken on the same day in the same That leads me to another point. If a disaster. Perhaps no State has been State, but this is a different part of the major U.S. company loses 20 percent of harder hit than his own. State. This is an area that received 12 its income, which is in the quarterly I want to stand and acknowledge the inches of rain in 1 day. This is a farmer reports, the stock goes down, it is in leadership of the Senator from Mon- who lost everything. the newspapers, and everybody knows tana on this issue and thank him pub- These pictures are representative of a about it. Or if an industry loses a huge licly on behalf of the people I represent wide group of producers in our States. percentage of its income, or people go and the other people affected in other We call them producers, but they are bankrupt, such as Enron and States for the diligence of the Senator family farmers. They risk all they have WorldCom and others, everybody from Montana. He has been relentless to try to raise a crop and have a live- knows about those bankruptcies be- in getting disaster assistance for our stock herd that can make it through cause they are in the newspapers. Peo- people, and I want to thank him for it. good and bad times, and then try to ple do not know about the individual Mr. BAUCUS. Madam President, I take the crop or the livestock to mar- farmers and ranchers who have to sell thank my good friend from North Da- ket and make some money. out because they, in effect, go bank- kota. We are all in this together. This They are discovering this year, as is rupt because of Dust Bowl situations, is teamwork. By working together— much of the country, that trying to because of lack of income, and because both sides of the aisle—representatives tend a herd of livestock or raise a crop of successive years of drought. Pro- and the people, we are going to get this is very difficult in the circumstances ducers in my State have lost more than passed because it is so necessary and so that exist. We have a disaster that has 20 per cent of their income for 4 con- important. I thank my good friend, as occurred over a substantial portion of secutive years. There isn’t another in- part of the larger team. this country. This is the Palmer dustry in America that could do that The PRESIDING OFFICER. Under Drought Index. One can see over a sub- and still be standing. We should all be the previous order, the Senator from stantial portion of the country where grateful that they are still in business West Virginia is to be recognized at there is massive drought. because they are the ones who ensure this point. Some people say: So what? So what that we have food on our plates. Mr. BYRD. Madam President, I do about family farming? Will Rogers So it is our responsibility, as rep- not wish to have the floor at this mo- many years ago said: If one day in this resentatives of our States, to make ment. It may be the distinguished country all the lawyers and the ac- this known to the world—particularly Democratic whip will have need for the countants failed to show up for work, to the country and the Senate—so that floor, or any other Senator for that it would not be a very big deal. But if our colleagues have an appreciation of matter. I yield my time back. on that same day all the cows in Amer- what we are experiencing in Montana The PRESIDING OFFICER. The Sen- ica failed to show up to be milked, now and in other Northwestern States. It is ator from Nevada. that would be a problem. that serious. Mr. REID. Madam President, we have He was, in his own way, trying to de- As has been pointed out, this body a number of people who wish to speak scribe the importance of family farm- has responded to other emergencies— this morning. We have some who I un- ers, the importance of production agri- floods, tornadoes, earthquakes, the derstand want to speak against the culture. Production agriculture, from Trade Towers, and it was more than amendment. They have not shown up our standpoint in North Dakota, is appropriate; everybody rushed to help. yet in 2 days, but I assume they want families out there living under a yard But we have the same emergency, the to speak. light trying to make a go of it by S8244 CONGRESSIONAL RECORD — SENATE September 5, 2002 planting seed in the spring and having It is about those communities and ing. This is an important and good in- every hope perhaps that seed will grow small towns, medium-size towns across vestment for this country to make. It into something they can harvest and the heartland of our country. It is invests in the American dream for fam- take to the market and be able to re- about rural businesses. It is about the ily farmers, for family entrepreneurs, capture their living expenses. They live local grain elevator that does not have and I am pleased to be a part of a group on hope. any grain to handle. The local feed- that has brought it to the floor of the We have seen now over recent years store that is not going to sell any feed. Senate, and I am pleased today to sup- weather patterns that have devastated It is about the machinery dealer who is port it. large groups of family farmers. These not going to sell machinery. It is about This is an urgent need. Congress clearly are disasters. When you have a jobs in the manufacturing plants that needs to pass this, and we need to pass drought of the type we have had, it is produce that machinery to process that it now. truly a disaster. feed. So it is much more than just fam- I yield the floor. If tonight 1,000 tornadoes spring up ily farms. The PRESIDING OFFICER. The Sen- and move relentlessly across the prai- This is a circumstance where we need ator from Nevada. ries or the western part of the United to take action now. I happen to think Mr. REID. Madam President, we have States and destroy all the structures family farmers are America’s economic a number of people wishing to speak on and the vegetation, that is a disaster. all-stars. They produce, produce, this amendment, all of whom are in Tomorrow we would have FEMA, we produce in a prodigious way. It has al- favor of it. After 2 days, we have not would have trucks, we would have ar- ways baffled me that farmers are ac- had anybody speak against it, but they mies of people moving because the cused of being guilty of overproducing. will not let us vote on it. headlines would be: This is a disaster, We have a world in which a half a bil- I have a unanimous consent request I and we have to move and deal with it. lion people go to bed every night with will make, but I have to wait until we It does not matter whether it is an ache in their belly because they are get approval from the other side. It is drought, flood, earthquake, fire, or tor- hungry, and our farmers produce food my understanding the Senator from nado. The devastation and destruction and are told the food they produce has Louisiana, Mr. BREAUX, wishes to that occurs to the crops of tens of no value. speak for 3 minutes. Following the thousands of family farmers is a dis- Are they nuts? Of course, it has statement of Senator BREAUX, I ask aster, and we need to respond to it. value. This is a hungry world. We need unanimous consent that I again have I am proud to say that in every set of to be smart enough to connect it all. the floor. circumstances in my service both in Our family farmers are enormous pro- The PRESIDING OFFICER. Without the Senate and the House of Represent- ducers and have done very well, but objection, it is so ordered. atives, when there has been a disaster they suffer disaster. They are indi- The Senator from Louisiana. and a proposal on the floor of the Sen- vidual, small economic units. They are Mr. BREAUX. Madam President, I ate to respond to that disaster, I have up against the weather. They are up say to my colleagues who have spoken said yes. It does not matter to me against insects. Once they plant that previously on this amendment, I join where it is in this country. If there are seed, they might lose their crop to a with them as a cosponsor of this legis- cities, counties, States, groups of peo- drought. They might lose it to a flood. lation. The previous speaker from ple in this country who have suffered a They might lose it to insects. They North Dakota was absolutely correct disaster, then I want to be a part of the might lose it to disease. They might when he pointed out this is not a paro- voice of this Congress that says to lose it to hail. They might lose it to chial issue. them: You are not alone. This country wind. And if they manage to not lose it I am not from Montana. I am not wants to help. to any of those things and they get a from North Dakota. I am not from the I want to be, and have always been, a crop off by harvesting it in the fall, Great Plains. In fact, I am as far away part of a group in this Congress who they might find out they lose their from these States as one could prob- says we want to extend the helping value by going to a country elevator ably be and probably still be in the hand of America during a time of dis- and discovering the grain trade has continental United States. aster. told them their food in a hungry world Being from Louisiana, we tradition- That needs to be the case now with has no value. ally do not have a lot of problems with respect to the disaster that occurs on So these farmers suffer all of those drought. As a matter of fact, it is very family farms in this country because of risks and more, but they cannot cope common for Louisiana to have 8, 9, this relentless, gripping, devastating with the kind of relentless drought even 10 inches of rain during the sum- drought in some parts of the country that exists in this country in a way mer months in one afternoon. Our and, in other parts of the country, that devastates individual producers in problem in many cases is not drought flooded lands. State after State. but too much water. We were jokingly There are a good many ways to deal This is an important issue. It is not talking about how we could be of help with disasters. Some disasters might parochial. It does not deal with just a by somehow reversing the flow of the be just a single farm disaster. When I few problems in a few areas. What has Mississippi River from north to south was a young boy, a good friend of ours happened in this country is we have and changing it from south to north named Ernest died. His crop was still passed a farm bill that tries to help and sending the excess water we fre- in the field. He died of a heart attack farmers during collapsing prices. That quently have in Louisiana to our one evening. The neighbors gassed up is a significant problem and a signifi- friends and neighbors in farms in the the combines and the trucks and went cant achievement, to pass a farm bill Great Plains, the Midwest. That is a over and harvested the crop and took it that does that. But if one does not novel idea, but it is not going to hap- to the market for Ernest’s widow. That raise a crop because of a disaster price pen. is just the way it works. That is what protection, it does not help; there is no Until something like that happens, it neighbors are about. That is what com- protection at all. That is why a dis- is very important to be able to try to munities are for. But that is a disaster aster declaration and a disaster bill recognize this is a national issue. of one farm where neighbors can solve dealing with these issues of drought Whether one is from South Dakota or the problem. and floods for preventive planting and from Louisiana, it is very important In a disaster of this type where you destroyed crops is so very important. when farm organizations and groups in have this relentless drought that has We need to do this, not tomorrow, one part of the country have a problem destroyed so many acres, so many not next month, not next year; we need that is not through their own making, crops, so much pastureland, neighbors to do it now. If we fail to do this now, we in other parts of the country recog- are in the same shape. They are all there are a good many families who nize it and help to contribute. devastated by this drought and all los- will lose their hopes and dreams for the One of the provisions that is a defect ing the opportunity to make a living. future. They will not be around next in the farm bill is that when someone Some say: All you do is talk about spring. They will not be there because has a disaster, they can receive dis- farmers. This is not just about farmers. they will not be able to continue farm- aster loans. The last thing a person September 5, 2002 CONGRESSIONAL RECORD — SENATE S8245 who has no crop needs is more debt uted to considerable crop damage. Sec- The problem we have is under the which they would incur by having an retary Veneman issued another dis- Senate rules, there can be a couple of additional loan. aster declaration for 2002 covering 50 people who will not allow us to go for- The program we talked about in the counties. ward on legislation. That is what we past really does not particularly ad- In 2001, yields for program crops, have here. It is too bad. We have tried dress the situation where farms are lit- such as corn and soybeans, plummeted. everything we could to get a vote. It erally wiped out of any production be- Other crops, such as grapes and beans, appears to me that probably what we cause of a flood or because of a had monumental losses. 2001 was the will have to do is go forward with a clo- drought, thus preventing them from worst year in recorded history for dry ture motion on this amendment. That harvesting a crop. Having a loan in beans in Michigan. In fact, earlier this would be the best thing to do. I hope that circumstance does not help the year Bob Green of the Michigan Bean that can be done. Under the con- farmer. They cannot pay back the loan Commission testified before the Senate straints of time we have we need to do if they do not have a crop. It is just Agriculture Committee about this that before the noon hour. I am con- that simple. issue. fident we will have the necessary sig- Therefore, in the interest of trying to The 2001 year drought also dev- natures on the petition to do that. be of help from a national perspective, astated sugar beet crops. The grape As I indicated, there is overwhelming this legislation has been brought to the growers in Michigan have struggled support for this amendment. This is floor. It is absolutely essential. Be- with not 1 but 2 devastating crop years. something that all farm State Senators cause of the way the system works, it The extreme, record-high temperatures believe is important. For those not in will ultimately save the Government during the week of April 14, followed by the heavy agricultural areas, it is money. By helping now, we avoid freezing temperatures shortly after something we believe is fair and rea- greater debt and greater losses in the that, have caused great damage in our sonable that should have, frankly, been future. So I strongly support this ef- fruit and vegetable crops. I have heard done some time ago. It is good that we fort. from apple, grape, peach, asparagus, are in a position to move forward on We have our own unique problems raspberry, and other growers who have this. right now. In my State of Louisiana, had very bad results—in fact, dev- I, therefore, send a cloture motion to particularly in the rice industry, we astating results—as a result of the bad the desk. are looking for ways to help solve some weather. The PRESIDING OFFICER. The clo- of the problems our farmers are experi- In July, I visited tart cherry or- ture motion having been presented encing because of some of the lowest chards and witnessed with my own eyes under rule XXII, the Chair directs the prices in decades. the devastation that followed that bad clerk to read the motion. Our farmers are not going to be able weather. There is not a single cherry The bill clerk read as follows: to make it, not because of a drought or on any of these trees. We are not talk- CLOTURE MOTION because of a flood but because of the ing about less of a crop, we are talking We, the undersigned Senators, in accord- potential of an economic disaster about no crop. One of the farmers told ance with the provisions of Rule XXII of the which Congress should be addressing as me he did not have enough in his entire Standing Rules of the Senate, do hereby well. orchard to make one cherry pie. move to bring to a close the debate on the In the meantime, this is the right When we look at this, it is astound- Daschle amendment No. 4481. thing to do for a disaster that is being ing what has happened to Michigan ag- Harry Reid, Byron L. Dorgan, Kent riculture and to our farmers. The lack Conrad, Tom Harkin, Jean Carnahan, caused by a drought. I strongly support Max Baucus, John Breaux, Patrick it, and I urge my colleagues to support of crop in Michigan has a ripple effect Leahy, Edward M. Kennedy, Herb Kohl, it. on our entire economy. Processing fa- Dianne Feinstein, Richard J. Durbin, I yield the floor. cilities are laying off workers. There is Charles Schumer, Maria Cantwell, The PRESIDING OFFICER. The Sen- a lower demand for agricultural ma- Deborah Stabenow, Tim Johnson, ator from Nevada. chinery and supplies. Arlen Specter, Tom Daschle. Mr. REID. I ask unanimous consent To give an idea of the importance of Mr. REID. The staff is working to that the Senator from Michigan be rec- these lost crops, fruit production con- make sure we can clear the Harkin- ognized to speak for 4 minutes. tributes $235 million to the economy of Craig amendment. It is my under- The PRESIDING OFFICER. Without the State of Michigan. standing we are very close to that. objection, it is so ordered. I call on my colleagues, in the The unanimous consent agreement I Mr. REID. I ask unanimous consent strongest possible words, to join to- will soon request at an appropriate that I retain the floor following her gether to pass, by a strong bipartisan time—which I will not do now—will statement. voice, this disaster relief measure. I ask consent the pending amendments The PRESIDING OFFICER. Without ask the President of the United States be set aside and Senator HARKIN be rec- objection, it is so ordered. to join, to stand with us on behalf of ognized on behalf of himself and Sen- Ms. STABENOW. Madam President, I our American farmers. ator CRAIG to offer an amendment on urge in the strongest possible terms CLOTURE MOTION the sense of the Senate regarding Medi- that we pass this disaster relief pack- Mr. REID. Madam President, we are care; that there be 10 minutes debate age. The years 2001 and 2002 have been very close to working out a unanimous with respect to that amendment, and absolutely devastating years for Michi- consent agreement on the Harkin-Craig the time be controlled between Sen- gan agriculture. When I was home in amendment which deals with Medicare ators HARKIN and CRAIG; that upon the August, I had an opportunity to visit and reimbursement of States. Senator use of time, the time be yielded back from northern Michigan down to south- HARKIN has been here literally all day and there be a vote. ern Michigan. To show the sense of ur- trying to get a time agreement. We I hope we are in a position to offer gency felt, there was an ad hoc group hope we will have the approval from that in the Senate at the appropriate that put together petitions and cards. the minority. They have agreed on the time. The Michigan Agricultural Industry fact we should do this amendment. The Madam President, the Senator from Alliance and others, Lee Lavanway only question now is the time that will Pennsylvania wishes to speak. We have from Eau Claire, MI, in the south- occur. had a series of Democrats who have western part of Michigan, put together In the meantime, we have had bipar- spoken. It is certainly fair he be al- over a thousand petitions and cards tisan support on the underlying lowed to speak. I ask unanimous con- desperately calling on us to act on be- Daschle amendment. We have had the sent Senator SPECTER be recognized to half of American agriculture. I urge manager of the bill, Senator BYRD, sup- speak for up to 10 minutes and also that we do so. port it; the Republican manager of the that the time pending for the bill be In the year 2001, 82 of Michigan’s 83 bill has supported it, Senator BURNS. In extended until the hour of 12:15. counties were declared a disaster be- fact, Senator BURNS is a cosponsor of The PRESIDING OFFICER. Without cause of drought. Early frosts and then the amendment. At last count, we had objection, it is so ordered. flooding later in the year also contrib- 18 or 20 cosponsors of the amendment. The Senator from Pennsylvania. S8246 CONGRESSIONAL RECORD — SENATE September 5, 2002 IRAQ sein does not acquiesce. Certainly, if That could be a model to go after as Mr. SPECTER. Madam President, I Saddam Hussein continues to stiff the to inspections in Iraq. Of course, it still have sought recognition to discuss the UN, to thumb his nose at the UN, and leaves open the possibility that there present grave concern in the United thumb his nose at the international are some locations about which we do States, and for that matter, around the community, then there will be a not know. It leaves open the possibility world, about the menace posed by Sad- stronger basis for the United States to that some of the weapons of mass de- dam Hussein and Iraq. act, if we decide that our national in- struction could be transported, could I am pleased to note that the Presi- terests compel us to do so. be moved around. However, I think it dent has announced his intention to There is an obvious difficulty in com- would be a very significant step. Then, come to Congress to seek authorization municating to the American people all if Saddam and Iraq refused to honor before there is any military action that President Bush and the intel- their commitments, it would put us on taken by the United States as to Iraq. ligence agencies know about the threat the high ground to take action in our Senator HARKIN and I had introduced a posed by Iraq and posed by Saddam own national interest. resolution back in July asking that Hussein. There is a problem, as we have I yield the floor. In the absence of congressional authority be obtained be- seen from our experience, in telling the any other Senator seeking recognition, fore any military action. The Presi- Congress, even in closed session, even I suggest the absence of a quorum. dent, as Commander in Chief, under the in top secret briefings, where that in- The PRESIDING OFFICER (Ms. Constitution certainly has the author- formation, regrettably, is disclosed to CANTWELL). The clerk will call the roll. ity to act in times of emergency. When the press. Leaks in Washington are epi- The bill clerk proceeded to call the there is time for discussion, delibera- demic. However, if the Congress is to roll. tion, debate, and decision, then under discharge its duty to pass on the ques- Mr. REID. Madam President, I ask the Constitution, it is the authority of tion of what is tantamount to a dec- unanimous consent that the order for the Congress to act. laration of war, a resolution author- the quorum call be rescinded. The events are moving very fast. izing the use of force, we have to know The PRESIDING OFFICER. Without There have been briefings of Members the basis on which we are acting. objection, it is so ordered. Mr. REID. Madam President, I ask of the Congress by the Administration There have been strong suggestions unanimous consent that the time for and there is a great concern, which I that there is very substantial evidence debate on the Interior appropriations have personally noted in my State, pointing to a clear and present danger be extended for 10 minutes. Pennsylvania, on a series of town now. We do know Saddam has chemical weapons. We do know he has used them The PRESIDING OFFICER. Without meetings across the State. Everywhere objection, it is so ordered. I traveled there was concern as to what on his own people, the Kurds. We do action would be taken as to Iraq. know he has used them in the Iran-Iraq f There was no doubt that the United war. There is substantial evidence DEPARTMENT OF THE INTERIOR States has learned a very bitter lesson about weapons of mass destruction and AND RELATED AGENCIES APPRO- from 9/11; we should have taken pre- biological weapons. As best we know, PRIATIONS ACT, 2003—Continued emptive action against Osama bin Saddam Hussein does not yet have nu- Mr. REID. Madam President, we are Laden and al-Qaida. We had evidence clear weapons, but how long it would attempting to work out a time to vote against civilians in Mogadishu in 1993, take him to develop them is a question. on the Harkin amendment which he and embassy bombings in 1993. In all of For the Congress to act, we really will shortly offer. We are very close to those events, bin Laden was under in- have to have this information, and the having that done. I suggest that Sen- President has intimated, really sug- dictment. We knew about his involve- ator HARKIN go ahead and give his ment in the USS Cole and his procla- gested, that more information will be speech. If we can work out a unani- mation for a worldwide jihad; preemp- coming to the Congress. So far, I do mous consent agreement, he can offer tive action should have been taken. not think we have seen the indicators the amendment, and then we can vote Taking preemptive action against a of a clear and present danger, but that on it. He would give the speech now, nation-state would be a change in pol- is something which will have to be and we would move to the amendment, icy for the United States. It is my view taken up. if we could get the approval of the Sen- This is an issue which is now, obvi- that we ought to exhaust every alter- ator from Montana. native before turning to that alter- ously, on the front burner. There are Mr. BURNS. I have no objection to native—economic sanctions, inspec- indications that the President will that. tions, diplomacy. seek a vote by the Congress before we Mr. REID. Madam President, I ask We have seen a number of people very adjourn. So it is a matter which will unanimous consent that the Senator close to President Bush and to the first require very intensive consideration from Iowa be recognized for 5 minutes President Bush, come out and caution and analysis. However, it is my hope to speak on the amendment which he against action. We have seen General that when the President makes his will offer at a subsequent time. Brent Scowcroft, the national security speech at the United Nations next The PRESIDING OFFICER. Without adviser to President George Herbert week, he will call on the UN to enforce objection, it is so ordered. Walker Bush, come out and raise a the UN’s inspection rights. The Senator from Iowa. great many concerns about taking ac- Recently, Senator SHELBY and I made Mr. HARKIN. Madam President, over tion without support from our allies. a trip to Africa. Included in that trip 40 million Americans rely on Medicare We have seen former Secretary of was a visit to the Sudan. I had at- for their health care security. For State James Baker raise an issue about tempted to go there in the past and these Americans and their loved ones going to the United Nations for inspec- was advised against it because of the Medicare is a lifeline. And because of tions, which I think is a very sound civil war, which has been raging in this Medicare must be protected and point. that country. We talked to U.S. intel- secured for today and tomorrow. It is my hope that President Bush ligence personnel in the Sudan and Medicare, however, is not without its will go to the United Nations and will found that they have worked out an ar- problems. Clearly, its benefits package press to have inspections of Iraq pro- rangement with the Government of needs to be updated to include prescrip- ceed. The obligation for Iraq to submit Sudan to make surprise inspections of tion drugs. Seniors shouldn’t have to to those inspections is an obligation weapons manufacturing locations and make the choice between the drugs which runs to the United Nations. also on laboratories—going in with no they need to stay healthy and food or Iraq’s commitments to the UN have notice, breaking locks, and taking pho- heat. The Senate should once again try been flouted. tographs. They have concluded that, as to craft a prescription drug plan to fill Former Secretary of State Baker to the installations they had identified this great need. makes the cogent suggestion that the and inspected, they were satisfied that But there is also another problem United Nations ought to be called upon there were no weapons of mass destruc- with Medicare. And that is the prin- to take military action to enforce tion being pursued by the Government cipal subject of my sense-of-the-Senate those inspection rights, if Saddam Hus- of Sudan. resolution. September 5, 2002 CONGRESSIONAL RECORD — SENATE S8247 Americans, no matter where they ment in New York receives $1,807.25, concept that does not make sense any- live, whether it is rural Iowa or urban while one in Iowa receives $1,304.09, and more. Florida, are taxed at the same rate to one in South Dakota only receives We have a phenomenal nursing short- help pay for Medicare—1.45 percent of $1,286.46. The same amount of work, age in our country today. So if a nurse payroll for both workers and their em- time, and skill goes into the same pro- lives on one side of a boundary line cre- ployers. And Medicare beneficiaries— cedure. Yet there is a vast difference in ated by this law, she or he can well whether in Brooklyn, IA or Brooklyn, the reimbursement to each provider. commute to the other side and we can- NY—pay the same monthly Medicare It takes the same amount of edu- not afford them. premium. cation, skill, and time in Iowa as it The Presiding Officer represents a But while they pay the same taxes does in other States, and these profes- city not far from one of my major cit- and premiums, the level of Medicare sionals should be reimbursed accord- ies: Spokane, WA, versus Coeur payments received by Americans often ingly. So there are changes that must d’Alene, ID. Spokane, WA, has a dif- varies greatly from State to State. be made to bring greater fairness and ferent payment schedule than Coeur For example, my home State of Iowa improve the health care systems across d’Alene, ID, and they are 20 miles of receives an average $3,053 per bene- the States. interstate apart. Many people say that ficiary, which is 45 percent less than There are many different proposals in living in Coeur d’Alene, ID, because of the national average. Some States are the Senate that attempt to tackle this its beauty, is more desirable than liv- much higher than that. But there is a issue. I think people on both sides of ing in Spokane, but they work in Spo- disparity between, say, $3,053 and the the aisle can come together, as we have kane because of the wage scale and/or top State, which is over $7,000. It is in the past, on this issue. I know we are this particular problem. quite substantial. very busy with many important pieces As a result, the Kootenai Medical And while some of the variation may of legislation, including the homeland Center and, as a result, the rural med- legitimately be due to cost differences, security bill and appropriations bills. ical communities of northern Idaho costs alone clearly do not explain the But the resolution I am offering is very cannot, in effect, compete. degree of differences among the states. simple. Its resolve clause simply reads: It is time that we address this issue Much of this unfair variation is Congress (acting through the appropriate evenhandedly across all jurisdictions caused by outdated and nonsensical re- authorization process) and the President so that Medicare payments are reflec- imbursement policies that penalize ef- should act promptly to address the disparity tive of current health care needs; not a ficiency and conservative medical prac- among the States in the amount of payments 30-year-old model that is just flat obso- tices. Medicare assumes that it costs made under the Medicare program; and lete and does not make sense anymore, Legislation should be passed [promptly] but because we build up these political much less to provide health care in that reduces unfair geographic disparity in rural areas, and assumes that we still Medicare payment rates and restores sched- barriers or frustrations we do not want compete locally and regionally for uled inappropriate reductions in Medicare to address them. I think we must. I health care professionals. Those of us payment rates. think we should. in under-reimbursed states know that So, Madam President, it is a very The resolution speaks to trying to neither of these is true. Rural areas simple, straightforward resolution. It move the Senate, the President, and don’t enjoy the economies of scale en- just says we in the Congress and the the Congress as a whole in that direc- joyed by their urban counterparts, and White House, the President, ought to tion. I thank the Senator. we are competing in a national and do something very promptly to address The PRESIDING OFFICER. The Sen- often global market for health care this huge disparity among the States. ator from Nevada. professionals. As I said, maybe you can have some Mr. REID. Madam President, time on The impact is real. For example, if disparity based upon rental rates and this bill is about to expire. I am going the same hospital in Des Moines pro- things like that. I understand that. But to ask to extend the time for a few viding the same services to the same to say one State would get $3,000 and more minutes. Let me just say to ev- seniors in Cincinnati, OH, it would re- another State $7,000, this is just non- eryone, the reason for this is, in good ceive $5.3 million more per year. If we sensical. So the States that fall below faith we thought this matter had been put it in Ann Arbor, MI, it would re- the average are the ones that are get- cleared by everybody. The fact is, we ceive $14.6 million more per year. ting hurt the most. had not received a signoff from Senator What is the result of this unfair vari- All my resolution says is that we GRASSLEY and his staff. He is on his ation? Well, in Iowa, one substantial ought to act promptly, in a bipartisan way over here, or staff is on their way result is that we have a shortage of vir- fashion, to address this issue and to over. I am sure, when they look at it, tually all types of health care profes- make Medicare more even, more fair they will approve it, but it will take a sionals. across the States. So I urge my col- few more minutes, so I ask unanimous Low reimbursement equals low leagues to support this resolution. wages, equals health professional I see my colleague in the Chamber. I consent that the time on the bill be ex- shortages. Iowa ranks 50th in Medicare did not see him on the floor. He is my tended until 25 minutes to the hour. The PRESIDING OFFICER. Without reimbursement and we rank 50th in colleague in this endeavor, Senator objection, it is so ordered. nursing pay. So it is no surprise that CRAIG from Idaho. He and I have we have 3,000 unfilled registered nurse What is the will of the Senate? worked together on this for a long Mr. REID. I suggest the absence of a positions, another 728 vacancies for li- time. He knows exactly what I am quorum. censed practical nurses, and 2,700 open- talking about because of the great dis- The PRESIDING OFFICER. The ings for nonlicensed personnel. Add parity in his State. clerk will call the roll. this to the fact that our nurses are get- I thank the Senator from Idaho for The legislative clerk proceeded to ting older, not enough new nurses are working in a great bipartisan fashion call the roll. entering the field, and Iowa has the to try to get something done to resolve Mr. BROWNBACK. Madam President, largest population of any State over this issue. I ask unanimous consent that the order age 85, and what you have is a real rec- I yield the floor, Madam President. for the quorum call be rescinded. ipe for disaster. The PRESIDING OFFICER. The Sen- Mr. REID. Madam President, I ob- It gets worse. Medicare payments in- ator from Idaho. ject. fluence Medicaid reimbursement and Mr. CRAIG. Madam President, I will The PRESIDING OFFICER. Objec- private payer reimbursement. Because speak only briefly to the resolution. tion is heard. of this, Iowa ranks 49th in the ratio of The Senator from Iowa and I share, as The clerk will continue the call of general pediatricians per 100,000 chil- I think all Senators who represent the roll. dren, and 50th in the ratio of OB/GYNs rural countrysides must share, a very The legislative clerk continued with to 1,000 live births. real frustration in the disparity be- the call of the roll. So it is no wonder we can’t recruit tween urban and rural Medicare pay- Mr. REID. Madam President, I ask and keep health care professionals. A ment schedules and the reality that we unanimous consent that the order for physician performing a hip replace- are dealing with a 20- or 30-year-old the quorum call be rescinded. S8248 CONGRESSIONAL RECORD — SENATE September 5, 2002 The PRESIDING OFFICER. Without this drought is not the plight of just crop, you can’t use the loan payments. objection, it is so ordered. farm families. The impact that many So you are caught that way as well. Mr. REID. Madam President, the Kansans have yet to fully comprehend, There is a problem with counter- Senator from Kansas wishes to speak is the toll this drought is having on our cyclical payments. You get in a on the underlying amendment. We have economy. drought situation, your crop reduces. had a number of speeches today. Cer- With more than 2 years of lower than The supply reduces, and generally tainly we want him to do that. The average rainfall, it has become clear where supply goes down, demand stays problem is, within a minute or two we that our towns are feeling the effects of steady, the price goes up, and the price are off the bill. evaporating capital. As fewer farmers has gone up for some crops. Not I ask unanimous consent that the and ranchers collect on their invest- enough; it should be up more. But your time for debate on the Interior bill be ments, this mean fewer dollars for countercyclical payment doesn’t help extended until the hour of 12:45, and local coffers and diminished invest- because when your price is going down, that the Senator from Kansas be recog- ment in new jobs, our schools and eco- you get more payment. But when the nized for 5 minutes to speak on the bill. nomic activity. price is going up, you get less payment. The PRESIDING OFFICER. Without Leading economists in our State The farmers in Kansas, in particular, objection, it is so ordered. have estimated that just the crop are caught in a double vice. They have The Senator from California. losses alone have cost Kansans almost problems with the new farm bill and its Mrs. FEINSTEIN. Madam President, a billion dollars. This does not include impact because of the drought and the I have no objection if by unanimous any other ancillary or downstream eco- lack of a crop, and then we are getting consent the morning business session, nomic costs that are sure to mount as caught in the loan payment scenario which was to go from 12:30 to 1, could this crisis deepens. It is for this reason situation we have in the counter- be extended from 12:45 to 1:15 so that I that I will vote for this amendment, cyclical payments not being helpful to might have an opportunity to deliver brought by the Senator from South Da- them. remarks for which I have been waiting. kota. While I was disappointed that we Overall, we need the help. It would be Mr. REID. I think, in fairness, we were unable to work out a more bipar- a much better situation if we were this should allot the Senators who want to tisan compromise, one that would have fall getting the double AMTA payment speak in morning business the full encouraged more farmers to purchase that normally had been coming hour. The Republicans are entitled to crop insurance and would have been through this body. That would help half an hour and the Democrats are en- balanced by offsets from other places more people. It wouldn’t be dependent titled to a half an hour. As soon as we in the budget, I will support this initia- upon crop production. They are not get this little dust-off taken care of, I tive and urge my colleagues to do like- going to have that. That is not going to will ask unanimous consent at that wise. This serious drought is a major be the situation. That is why we need time that morning business be for 1 threat to our Nation’s economy, and we this drought assistance. hour. should act quickly to get relief to our I think it would be better if we had Mrs. FEINSTEIN. I thank the Sen- farmers. an offset to it. That would be a wiser ator. This is an issue of key importance to way, given the budgetary situation we The PRESIDING OFFICER. The Sen- my State. As I said, over the August are in today. We could find that in ator from Kansas is recognized. break I traveled extensively across other places. Although some of my Mr. BROWNBACK. Madam President, Kansas and witnessed the drought we other colleagues are saying they don’t I come before the Senate today to ad- are experiencing. We have parts of the want to go with an offset. Reaching dress the majority leader’s amendment State that have had less rainfall than $157 billion in deficits this year points which is intended to direct immediate at any time since 1895, including all the to the way we should be looking for off- financial assistance to farmers around Dust Bowl years when we had the ter- sets to be prudent in future years and the country who are facing an historic rible experience of the wind blowing for future generations so that we don’t drought. Our Kansas State motto is Ad soil in dark clouds. During the day you overspend what we have. Astra Per Aspera—a beautiful saying couldn’t even see the Sun because To sum up, we need this help. We that means ‘‘To the Stars Through Dif- there was so much dirt in the air. That need it because of the drought. We also ficulties.’’ I have always thought that was due to both agricultural practices need it because of the new farm bill. it captured beautifully the spirit of our and lack of rainfall. Now we have bet- This will help our farmers at a time State. It is part of our character to ter agricultural practices, but we have and a situation and a place that they tackle calamity and to smile at threats a lot less rainfall. It has been a disaster need it. It should be offset. I don’t that have consumed lesser men. During in a number of areas. know that we will have that vote to be the August recess I spent several weeks There are whole counties that able to move that side of the issue for- touring our State and meeting with haven’t had any rainfall at all. I looked ward. farmers about the drought. Its impact at a lake near Jetmore, KS, that has a In my State we are looking at a $1 on our crops and our rural commu- normal surface area of about 100 acres billion loss because of the drought. nities is staggering. and is now down to less than 10 acres. That is going to impact our farmers The drought in Kansas is one of the It is because of a lack of rainfall. I saw and farm families. It will also impact worst in a century. It is compared, by whole fields where nothing has come up our communities and our entire State. folks who know, to the dust bowl of the because of lack of rainfall. This will be an important measure to 1930’s. Crops are withering and dying in Fortunately, some areas of the State get passed. I am hopeful we can make the fields right under the watchful and are getting some moisture now, but it it happen. woeful eyes of our farmers—farmers is not enough. The crops have already I yield the floor. who are helpless to stop the conditions died for the year. It will help, hope- The PRESIDING OFFICER. The Sen- and helpless to prevent the circle of fully, on winter wheat planting that ator from Nevada. crisis from beginning. For what we all will now begin in some places. Mr. REID. Madam President, it ap- must remember is that blackened crops What compounds the problem we are pears we will not be able to work this across the States are not just ‘‘their’’ having today and why we need the out so we can have a vote on the Har- problem or ‘‘someone else’s’’ problem— drought assistance is that the new kin amendment. Therefore, I think it is our problem. The devastation farm bill doesn’t work particularly what we will do is try to have a vote brought on by persistent drought is in well in a situation such as this. Some next week on the Harkin amendment. evidence all over Kansas. As I toured agree with the increased impact and If we can’t do it on Monday, we will several affected counties, the widening use of loan payments. I happen to dis- do it on Tuesday, Wednesday. Some- economic impacts of this drought on agree with the farm bill. The problem time before we finish this bill, the Sen- our state were mostly overwhelmed by is, with the loan payment, you need a ator from Iowa is going to offer his the urgency of the emergency. But by crop to be able to borrow against to amendment. the end of my tour, I was reminded then use it and to default on it and get That being the case, I ask unanimous again and again that the true impact of paid. That way, if you don’t have a consent that we proceed to a period for September 5, 2002 CONGRESSIONAL RECORD — SENATE S8249 morning business, under the previous lays from prior-year budget authority S. 2708, INTERIOR AND RELATED AGENCIES, 2003 order—— are taken into account, discretionary [Spending comparisions—Senate Reported Bill (in millions of dollars)] Mr. HARKIN. If I may ask the leader outlays for the Senate bill total $18.330 to yield, I have been here all morning. billion in 2003. Of that total, $1.442 bil- General Con- Manda- purpose serva- tory Total I thought there was no controversy on lion in budget authority and $1.075 bil- tion the sense-of-the-Senate resolution that lion in outlays are classified as con- Senate-reported bill: the Senate and the Congress and the servation category spending. Budget Authority ...... 17,494 1,442 64 19,000 President act promptly to address Outlays ...... 17,255 1,075 77 18,407 In addition, the committee-reported Senate committee allocation: 1 these inequities on the Medicare repay- Budget Authority ...... 18,926 0 64 18,990 bill provides new emergency spending Outlays ...... 18,610 0 77 18,687 ment, of which the Senator from Idaho House-passed: has been a very strong proponent for a authority of $400 million for wildland Budget Authority ...... 18,292 1,438 64 19,794 fire management, which will result in Outlays ...... 17,800 1,052 77 18,929 long time. I thought we were going to President’s request: 2 have a vote on it. I don’t understand outlays of $400 million. In accordance Budget Authority ...... 17,632 1,321 64 19,017 why we are not voting on this today. with standard budget practice, the Outlays ...... 17,524 971 77 18,572 Mr. REID. As I indicated, we had a emergency spending is not counted SENATE-REPORTED BILL COMPARED TO: sign-off from Senator BAUCUS, chair- against the appropriations committee’s Senate committee allocation: 3 man of the Finance Committee. I allocation until after conference. Budget Authority ...... 10 0 0 10 thought we had a sign-off from the Outlays ...... ¥280 0 0 ¥280 Mr. President, the Appropriations House-passed: ranking member, but that didn’t hap- Committee voted 29–0 on June 27 to Budget Authority ...... ¥798 4 0 ¥794 pen. It is my understanding that the Outlays ...... ¥545 23 0 ¥522 adopt a set of non-binding sub-alloca- President’s request: Senator from Iowa and his staff are tions for its 13 subcommittees totaling Budget Authority ...... ¥138 121 0 ¥17 Outlays ...... ¥269 104 0 ¥165 looking into the amendment now. They $768.1 billion in budget authority and have had the opportunity for a long $793.1 billion in outlays. While the com- 1 The Senate has not adopted a 302(a) allocation for the Appropriations time now, and they haven’t given us a Committee. The committee has set non-enforceable sub-allocations for its mittee’s subcommittee allocations are 13 subcommittees. This table compares the committee-reported bill with the sign-off. Therefore, because of the consistent with both the amendment committee’s sub-allocation to the Interior Subcommittee for informational ranking member of the committee, purposes only. supported by 59 Senators on June 20 2 The President requested total discretionary budget authority for 2003 of Senator GRASSLEY, not giving consent and with the President’s request for $768.1 billion, including a proposal to change how the budget records the to move forward, Senator BURNS has accrual cost of future pension and health retiree benefits earned by current total discretionary budget authority federal employees. Because the Congress has not acted on that proposal, for not allowed us to go forward. comparability, the numbers in this table exclude the effects of the Presi- Mr. HARKIN. It is my understanding for fiscal year 2003, they are not en- dent’s accrual proposal. forceable under either Senate budget 3 The Appropriations Committee did not provide a separate allocation for that the Finance Committee people general purpose and conservation category spending. This table combines had this for some time and look at it. rules or the Balanced Budget and the general purpose and conservation category together for purposes of com- Mr. REID. I don’t know about that. Emergency Deficit Control Act. While I paring them to the Interior Subcommittee’s sub-allocation. Notes: Details may not add to totals due to rounding. Totals adjusted for Mr. HARKIN. I thank the assistant applaud the committee for adopting its consistency with scorekeeping conventions, including removal of emergency majority leader. I hope we can vote on own set of sub-allocations, I once again funding ($400 million in budget authority and $400 million in outlays) and inclusion of 2003 advance appropriation of $36 million (budget authority this next week sometime. urge the Senate to take up and pass and outlays). By tradition, emergency spending is not counted against the ∑ Mr. GRASSLEY. The Assistant the bipartisan resolution, which would Appropriations Committee’s allocation until after conference. Democratic leader and my colleague make the committee’s sub-allocations Prepared by SBC Majority Staff, 9–5–02. Senator HARKIN of Iowa have claimed enforceable under Senate rules and pro- Mr. DORGAN. Mr. President, I rise to that I withheld my consent to moving vide for other important budgetary dis- support an important program funded to a vote on a Sense of the Senate Res- ciplines. With the new fiscal year start- in the fiscal year 2003 Interior Appro- olution directing Congress to promptly ing in 26 days, it is important that we priation measure. The Advanced Micro- address inequities in Medicare pay- act now. turbine Program is a Department of ments across states. For the Interior Subcommittee, the Energy effort to support and develop The author of the Sense of the Sen- full committee allocated $18.926 billion clean and efficient power technologies ate resolution, Senator HARKIN, has for the 21st century. The program’s in budget authority and $18.804 billion said ‘‘it was my understanding the Fi- goals are to improve energy efficiency, in total outlays for 2003. The bill re- nance Committee people had [his reduce environmental emissions and ported by the full committee on June amendment] for some time and had expand fuel choices for the next gen- 27 is above its sub-allocation for budget looked at it.’’ eration of microturbines. This was not the case, because I was authority by $10 million and is below As I mentioned in the past, we must not given the courtesy of knowing its sub-allocation for outlays by $280 produce more energy, but we also must about or even seeing the resolution in million. An amendment by Chairman conserve more energy. Conservation of advance. No one talked to me about it BYRD, however, at the outset of the energy is simply another way of pro- at all. In fact, my staff and I did not bill’s consideration lowered the bill’s ducing energy. Energy efficiency is learn of the resolution until we saw it total budget authority by $10 million, also integral to any energy plan. Elec- raised on the Senate floor. By the time making it consistent with its sub-allo- trical systems can and should be made my staff had the resolution in their cation. In any event, the appropria- more efficient. Finally, we must utilize hands, the Senate had moved on to tions committee’s sub-allocations are renewable energies. Employing fuels other business, claiming that I was not enforceable under Senate rules; such as ethanol and using them to ex- withholding my consent. thus, a point of order did not lie tend our energy supply makes good I believe the resolution, and all legis- against the bill for exceeding its sub- sense. lation to improve Medicare fairness in allocation as reported. However, by in- The Advanced Microturbine Program rural areas, deserves our attention and cluding emergency funding for goes a long ways towards those ends. support. And I intend to support the wildland fire management, the com- The ultimate aim of the program is to resolution when we vote on it next mittee-reported bill does violate sec- produce ultra clean, highly efficient week.∑ tion 205 of H. Con. Res. 290, the concur- microturbine product designs by 2006 Mr. CONRAD. Mr. President, I offer rent resolution on the Budget for Fis- that are ready for commercialization. for the record the Budget Committee’s cal Year 2001, by designating non- The machines will utilize several fuel official scoring of S. 2708, the Interior defense spending as an emergency. options, including landfill gas, indus- and Related Agencies Appropriations trial off-gases, ethanol, and other Mr. President, I ask for unanimous Act for Fiscal Year 2003. biobased liquids and gases. consent that a table displaying the The committee-reported bill provides The Advanced Microturbine Program $81.936 billion in nonemergency discre- budget committee scoring of this bill is a good example of how partnerships tionary budget authority including an be printed in the RECORD at this point. with industry, including one from my advance appropriation into 2003 of $36 There being no objection, the mate- home State, and government can de- million, which will result in new out- rial was ordered to be printed in the liver advanced technologies and prac- lays in 2003 of $11.901 billion. When out- RECORD, as follows: tices to assist in meeting challenging S8250 CONGRESSIONAL RECORD — SENATE September 5, 2002 goals in the areas of renewable re- tion, lost 85 percent of their bean crop. culture and these crop losses would in- source development and environmental Across the state, in the southwest cor- deed qualify for assistance under this protection. For this efficient tech- ner of Michigan, labrusca grape grow- amendment. nology to reach its full potential, I am ers lost 80 percent of their crop, and I know that the armyworm infesta- told that the Advanced Microturbine they suffered similar losses this year. tions have caused massive damage to Program should be funded at $14 mil- While the losses suffered by bean and crops throughout the Midwest and lion for fiscal year 2003. At the min- grape growers are particularly severe, Northeast and I am pleased that this imum, I encourage my colleagues to re- they are not the only crops to have suf- legislation will provide some assist- cede to the higher House level of $12 fered drastic losses. ance to these farmers. million as we move this bill to con- Approximately 25 percent of apple Mrs. CARNAHAN. I thank the Chair- ference. growers in Michigan and across the Na- man of the Finance Committee for his Mr. LEVIN. Mr. President, I would tion are in danger of going out of busi- assurances that this important legisla- like to express my support for an ness in the next 2 years, and in Michi- tion will provide much needed relief to amendment that has been introduced gan that means that our cherry, peach so many farmers and farm commu- by our distinguished majority leader. and asparagus crops, which are often nities in Missouri. This amendment, which has taken a grown on the same orchards as apples, f variety of forms in the past several will be greatly decreased. Orchard com- months, was originally proposed as a munities around the country have been MORNING BUSINESS bill by Senator BAUCUS. I cosponsored devastated. As farmers have left the Mr. REID. Madam President, under this bill previously and support it now business, small businesses and coopera- the order that was to be in effect fol- as it provides much needed assistance tives that have been around for genera- lowing the termination of the debate to our Nation’s farmers who have suf- tions have also gone out of business, on the Interior bill, I ask unanimous fered significant crop losses during the and local governments have lost sig- consent that the time for morning past 2 crop years. Farmers throughout nificant tax revenue. This assistance business begin now and go for an hour. the Nation have suffered great losses, will allow many growers to reduce debt I ask that, rather than be controlled by and farmers in my home State of and get private bank or USDA loans for any particular party, those wishing to Michigan have been among those who the next growing season. This assist- speak be allowed to speak for up to 5 have suffered most. ance for will give farmers the shot in minutes each and that the Senator Two years of statewide crop failure the arm they need to recover from sev- from California be first recognized. have threatened the viability of Michi- eral years of low prices. The PRESIDING OFFICER. Is there gan’s farmers, and this amendment Our Nation’s farmers have not shared objection? strives to address the losses suffered by in the prosperity which many Ameri- Mr. REID. How long does the Senator growers in the 2001 and 2002 growing cans have experienced over the past from California wish to speak? years. Over the past 2 years, some decade. No one, least of all America’s Mrs. FEINSTEIN. I was hoping 20 farmers faced early warm temperatures farmers, likes the fact that annual minutes. followed by freezing conditions. For emergency agriculture supplementals Mr. REID. I ask that the first person others, torrential rains came early in have seemingly become routine. to be recognized be the Senator from the growing season and were followed Yet we must provide this assistance California for up to 20 minutes and by long droughts for some farmers. if we are to address the problems facing that in the time thereafter, whoever Still other farmers faced drought con- farmers throughout the Nation. Sev- wishes to speak may come to speak. We ditions at the start of the crop year eral growers have told me that the are not trying to cut out the minority and heavy rains at harvest time. crops losses they suffered this year from exercising their ability to speak This year, USDA Secretary Ann were so severe that without emergency in morning business. I am not sure Veneman recognized the atypical assistance they will most likely lose anybody wishes to speak now because weather conditions that greatly dimin- their farms. This assistance is not the it is lunchtime, but everybody will ished crop production in Michigan by answer to the problems facing our have the opportunity. designating 50 Michigan counties as farmers and rural America, but it is an The PRESIDING OFFICER. Is there disaster areas. If that was not bad important part of an effort to keep objection? enough, Secretary Veneman designated families on their farms. I thank the Without objection, it is so ordered. that 82 of Michigan’s 83 counties as of- Senator for South Dakota and the Sen- The Senator from California is recog- ficial disaster areas last year. ator from Montana for their efforts in nized. Michigan is one of the Nation’s most drafting, supporting and offering this f diverse states in terms of the sheer amendment. MORE QUESTIONS THAN ANSWERS breadth and number of crops grown in HAY AND FESCUE CROPS ON IRAQ it, and growers of many crops have Mrs. CARNAHAN. Mr. President, I been affected by adverse weather con- wish to enter a short colloquy with my Mrs. FEINSTEIN. Madam President, ditions. good friend, the Senator from Mon- I rise today to express my growing con- This year, cherry farmers in Michi- tana, one of the chief authors of this cern that we may shortly be faced with gan lost upwards of 95 percent of their amendment, and ask him if losses to a decision to unilaterally invade an- crops—a level that threatens to dev- hay and fescue crops due to armyworm other nation-state, and that is the astate Michigan and the Nation’s cher- infestation qualify for assistance under State of Iraq. This concern has been ry industry, given that Michigan pro- amendment 4481 to the Interior Appro- heightened by the news of today’s as- duces over 70 percent of the tart cher- priations Act. sassination attempt of Afghan Presi- ries in the nation. Earlier this year, I As the distinguished Senator might dent Hamid Karzai in Kandahar. Ear- had the opportunity to visit with cher- know, farmers of forage crops in south- lier on, a car bomb exploded in central ry growers in Michigan and listen to ern Missouri, and across the country, Kabul, killing at least 22 people. them as they told me how this year’s were devastated by a recent armyworm This event, in my view, underscores crop losses were the worst that the in- infestation. The Secretary of Agri- the point that our primary focus must dustry had ever suffered since crop culture declared sixty-two Missouri remain on our immediate war on ter- records have been kept. Additionally, counties as natural disaster areas due rorism being waged in troubled Afghan- all apple growers in Michigan have had to damage caused by severe armyworm istan, where our soldiers are on the at least 20 percent of their crops dam- infestation. Last year Senator LEAHY front line. As a matter of fact, prelimi- aged this, and 80 percent of all Michi- and I introduced legislation, S. 1354, to nary reports indicate it was Americans gan apple farmers have lost upwards of provide emergency relief for these who took down the attempted assas- 40 percent of their crop this year. farmers. sins. Last year, farmers in just one area of Mr. BAUCUS. In response to my dis- While I welcome President Bush’s re- Michigan, which is one of the leading tinguished colleague, we have con- cent statement indicating he will seek dry bean producing regions in the Na- sulted with the Department of Agri- congressional approval of such a use of September 5, 2002 CONGRESSIONAL RECORD — SENATE S8251 force, I believe any action in Iraq at the Islamic world. It sought and re- Osiraq reactor provided by France. this time, without allied support, with- ceived resolutions supporting the use While Iraq continues to seek to develop out United Nations support, and with- of force against Iraq from the United nuclear capability, there is no evidence out a compelling case for just cause, States Congress and the United Na- I have found that Iraq is nuclear capa- would be both morally wrong and po- tions Security Council, and American ble today. So there is no imminent litically mistaken. and international public opinion stood threat. I just returned from a trip to Europe. firmly behind such action. Today, no Secretary Rumsfeld has claimed that As part of my role as chairman of the nation is firmly allied with the United if we wait for Iraq to develop nuclear Appropriations Subcommittee on Mili- States on this issue. weapons, then it will be too late. He is tary Construction, I toured U.S. mili- At the very least, I believe we should right. The key is to find a way to stop tary bases and met with a variety of launch a major diplomatic effort with Iraqi nuclear ambition, and stop it individuals. They included members of the United Nations, our allies, and our now, which is why opening Iraq’s bor- the intelligence community, the mili- Arab friends, with the goal of deliv- ders to a search and destroy mission tary, and the International Atomic En- ering an ultimatum to Saddam Hus- for weapons of mass destruction, con- ergy Agency. sein: Either open up or go down. ducted by our allies, our friends in the I was shocked at how dramatically If he does not comply with this de- Arab world, and the United Nations, is perceptions in Europe have shifted mand, it will give the United States critical. since September 11 toward our country. added moral and diplomatic strength I believe this requires renewed diplo- All of the sympathy and concern we re- to any future effort. It will help unite matic efforts on our part, with the ceived in the wake of the terrorist at- the world community behind us. United Nations, with our allies, and tacks has apparently vanished, re- Additionally, I am very concerned with friendly Arab nations. We must placed by the sense that the United that the United States stay the course stop Iraq from becoming nuclear capa- States is becoming an arrogant and ag- on our war against terrorism. To date, ble. And the world in turn must re- gressive power, a nation that simply there is no direct connection between spond. Otherwise, an attack becomes gives orders, a nation that neither lis- Saddam Hussein’s Iraq and the 9/11 at- the only alternative. tens nor hears. tacks that has been substantiated. As Gen. Wesley Clark recently stat- When I was in Europe, much atten- This means staying the course in our ed: tion was given to the absence of Presi- war against terrorism, part of which In the war on terrorism, alliances are not dential participation at the Summit on exists in Afghanistan. The government an obstacle to victory. They’re the key to it. Sustainable Development in Johannes- of Hamid Karzai is fragile at best. By acting unilaterally, the United burg. And this, on top of our rejection Today should show that. During its States not only runs the risk of iso- of the Kyoto treaty, our casting of as- first 6 months in power, two Cabinet lating these long-standing allies, but persions on international accords such officials have been assassinated. also of solidifying the entire Arab as the International Criminal Court, Today, President Karzai himself barely world sharply against us. This may not the Anti-Ballistic Missile and Land- escaped an assassination attempt, and result in any direct or traditional mili- mine treaties, has led to a growing be- a major act of terrorism has killed tary response against the United lief, right or wrong, that the United many in central Kabul. The Karzai gov- States, but what about a personal jihad States is using its power in an increas- ernment must have security and sta- throughout this country—a jihad of ingly unilateral and somewhat arro- bility, or it will perish and so will de- bombs and other terrorist acts carried gant manner. mocracy. out throughout the world? Above all, there is our approach to Additionally, we know the Taliban There are people out there eminently Iraq and our perceived readiness to in- and al-Qaida lurk in the remote moun- capable and able to finance doing just vade that nation unilaterally. tains, waiting for an opportune mo- that. I believe we have to ask many crit- ment to come back. If Afghanistan can- With the Israeli-Palestinian conflict ical questions, most of which are unan- not be stabilized, if its streets and not yet under control, a United States swered. homes cannot be made secure, and if attack on Iraq would certainly fuel the Questions about the ongoing war on its first democratic government cannot fire of Islamic fanaticism, uniting the terrorism. How do we stay the course, survive, this will be a very serious set- Arab world against the West and Israel. root out terrorism and, at the same back. The consequences could be unprece- time, initiate war with a nation-state Afghanistan is our beachhead in the dented and beyond our present com- which, to this day, remains war on terror. We cannot lose it, or we prehension. unconnected to 9/11. lose the war on terror. We must put al- The Israeli-Palestinian situation Questions about the extent of Sad- Qaeda, Hamas, Hezbollah, and a host of should be our highest priority. This dam Hussein’s weapons of mass de- other terrorist groups out of business conflict must be resolved. The United struction and about who will get to before they can strike out again at States must use its influence and lead- them first. America and our interests. ership here, with the Israelis, the Pal- Questions about going it alone in That is why concentrating on this estinians, and the surrounding Arab Iraq. war—the critical war against ter- world. Here, too, we must stay the Questions about casualties and cost. rorism—is so important. course. Questions about collateral human An attack on Iraq at this time would At the same time, there is some trou- damage—civilians killed in the short only deflect from this war, by diverting bling evidence today of the preparation term and in the long run. attention and forces away from bring- of a second front in southern Lebanon Questions about the future of Iraq, ing to justice the perpetrators of 9/11. to attack Israel in the event we attack about whether we can honestly expect Can we afford to do this? Iraq. Ambassador Dennis Ross recently a democracy to be created out of a na- If there is an imminent threat to the told me of thousands—he mentioned tion consumed by tribal factionalism. United States or to our interests, then 10,000—extended-range Katyusha rock- And questions about what the long- we must act. At this moment, however, ets that have been moved through term impact might be on the Arab I do not believe such a threat exists. Syria from Iran and into southern Leb- world, on the Middle East. What if Iraq No one doubts that Iraq has chemical anon, for an attack on Israel. He said attacks Israel? What will we do, and or biological weapons and the means to they had been extended so that they what will the world do? deliver them. They have used them on could hit at the major Israeli indus- Present United States policy toward at least three occasions, but they have trial zone north of Haifa. I believe this Iraq stands in stark contrast to how we not used them in the last 10 years, and has been confirmed. conducted Operation Desert Storm just I believe they know what will happen if In the face of all of this, assume we over a decade ago. Then, the first Bush they do use them. do attack Iraq. Consider that we mobi- administration spent several months What is less clear, however, is the lize 250,000 to 300,000 soldiers, our air- building a broad-based coalition that status of Iraq’s nuclear weapons capa- craft carriers, our B–52s, our 117s. This included 30 nations, including many in bility. In 1981, Israel destroyed the will not be another Desert Storm S8252 CONGRESSIONAL RECORD — SENATE September 5, 2002 where exposed Iraqi troops are routed sons, will be forced to look beyond Hussein I also commend President Bush for in the open desert, overwhelmed by to Iraq itself. That is when all Americans his decision to support the creation of American airpower. will pay the price for what has been a long a Homeland Security Department. This war will be waged in Baghdad, night of ignorance about the land between I believe now is the time for Congress in Tikrit, and in other cities. It will be the rivers. and the President to work together to waged from house to house and palace In closing, I am very happy to see create a strong, effective, and well- to palace, from street to street and that President Bush will now seek con- equipped department—a robust depart- school to school and hospital to hos- gressional approval regarding military ment. The American people rightly de- pital. action. So this debate has just begun. mand that the first duty of the Federal We will certainly kill many Iraqis, I look forward to working with my Government is to provide security. So and how many of our own will be colleagues in the Congress to ensure we we need to make sure we give the new killed? And will we stay the course not only ask the questions but see that Department the structure and the tools once the body bags start coming back the answers are moral, see that they it needs to do the job. to Dover? Will Americans stand up and are legal, see that they are befitting The committee-approved homeland say, ‘‘More’’? I think not. the greatest democracy on Earth, and security bill creates an agency that Then there are the thousands of inno- see whether they are worth, for the will improve coordination, coopera- cent Iraqi civilians civilians already first time, the United States of Amer- tion, and communication among all the brutalized by the last 12 years—who ica making a unilateral attack on an- Government organizations that will will become casualties in this war. other nation-state. work at this new effort. It will bring America has never been an aggressor I yield the floor, and I suggest the ab- together information and expertise nation unless attacked, as we were at sence of a quorum. from Federal, State, and local govern- The PRESIDING OFFICER (Mr. ED- Pearl Harbor and on September 11, or ment and the private sector. Such ef- our interests and our allies were at- WARDS.) The clerk will call the roll. The legislative clerk proceeded to forts are key to preventing and con- tacked. We have never initiated a taining further attacks. major invasion against another nation- call the roll. Mrs. CARNAHAN. Mr. President, I Our States are on the front line of state, which leads to the question of this battle. Missouri recognized this whether a preemptive war is the mor- ask unanimous consent that the order for the quorum call be rescinded. and was the first State to hire a home- ally right, legally right, or the politi- land security director. In recognition cally right way for the United States The PRESIDING OFFICER. Without objection, it is so ordered. of the strong bonds needed between to proceed. Federal, State, and local government, Lastly, there is the immensely com- f the committee bill includes an office of plicated question of the Iraqi nation DEPARTMENT OF HOMELAND State and local government Coordina- Saddam Hussein now has and what will SECURITY tion. This office will assure that the happen if he is overthrown. Have we Federal Government reaches out to the really thought out our options here? Mrs. CARNAHAN. Mr. President, the State and local levels with training, Have we taken into account the deep attacks of September 11 changed us as tools, and a coordinated strategy. tribal factionalism and divisions, the individuals and as a nation. They It will take more than this bill to bitter and often bloody rivalries among changed the way we think about our prepare communities to respond to an the Shia majority, the ruling Sunni personal security, and they challenged attack, however. There must be the re- minority, and the Kurds, that lie at the our assumptions about the threats sources to do the job. I am already con- very root of Iraq? Will we protect the posed by groups and organizations hos- cerned because Federal funding for Kurds from possible genocide? How tile to our values and our way of life. homeland security still has not made long will we stay to secure a new gov- The events of the past year have also its way to the local level in Missouri. ernment? And who would replace Sad- bolstered our resolve. We have come a In the aftermath of 9/11, the staffing dam Hussein? long way since that terrible day, but Let’s be realistic. A democracy is not much more needs to be done. We have needs of many fire departments have likely to emerge. One must look close- toppled the Taliban and severely dis- increased dramatically across our Na- ly at the history of Iraq to draw such a rupted the al-Qaida network, but our tion. Two-thirds of all fire depart- conclusion, and I have. military is still working around the ments, large and small, operate with Madam President, I would like to clock to destroy al-Qaida elements inadequate staff. The International As- quote from the recently published around the world. sociation of Fire Chiefs estimates that book, ‘‘The Reckoning: Iraq and the We have dramatically improved secu- 75,000 additional firefighters are needed Legacy of Saddam Hussein’’ by Sandra rity at our airports, but we have much to meet minimal acceptable levels for Mackey. She writes: to do to protect our aviation system, safety and effective response. When [Saddam Hussein] finally loses our ports, and our borders. We have I offered an amendment with Senator his grip on power either politically or spent billions to recover from the at- COLLINS that will begin to address this. physically, he will leave Iraq much as tacks, but unfortunately we must It will establish a program to enable it was when the British created it— spend more to protect our homeland local fire departments in Missouri and torn by tribalism and uncertain in its from threats ranging from bioterrorism across the country to hire 10,000 new identity. It is this Iraq that threatens to dirty bombs. firefighters. I am pleased the amend- to inflict its communal grievances, its Today, we are focused on reorga- ment passed unanimously in com- decades of non-cooperation, and its fes- nizing our Federal Government to meet mittee. This amendment is an effort to tering suspicions and entrenched these new security challenges. I believe strengthen the ranks of those who pro- hatreds on the Persian Gulf, the life- creating a new Federal Department of tect us and did so on September 11, and line of our global economy. Homeland Security is the right thing who risk their lives daily to keep our In light of such conditions, is the to do. We need one agency whose exclu- communities safe. United States ready to be an occupa- sive focus is controlling our borders I urge my colleagues to support this tional force? It could take many years and protecting our homeland. That is provision when the Senate bill is for the seeds of a stable pluralist soci- why I support the bill before the Sen- conferenced with the House bill. We ety to flourish in Iraq. Are we really ate. not only need to make sure our first re- ready to spend a generation there? I commend Senator LIEBERMAN for sponders have sufficient resources, but Given what is at stake here—Amer- the leadership and tenacity he has we will need to make sure they have ican lives, American prestige, and shown in getting us to this point. We adequate training. I sponsored an America’s respect for the rule of law— began hearings last year on this pro- amendment in committee that requires we find ourselves at a critical cross- posal, and now we have brought the the new Department to coordinate with road. Senate a well-designed, comprehensive the Secretary of Defense for training Again, according to Sandra Mackey: bill, approved on a bipartisan basis by on how to respond to chemical and bio- . . . the time is fast approaching when the the Governmental Affairs Committee. I logical attacks. This is a logical step United States, for a series of perilous rea- was proud to vote for that bill. because the Defense Department is the September 5, 2002 CONGRESSIONAL RECORD — SENATE S8253 primary Government agency sup- Now, some time ago the chairman of rejecting a nominee, that it would have porting the training of military and the committee said the American Bar injected politics into the third branch, nonmilitary personnel to respond to Association, which had historically and the citizenry could then well con- chemical and biological attacks. rated the qualifications of nominees, clude that the third branch of Govern- Just last January, the Coast Guard was 6really the gold standard because ment was merely an extension of the sent 30 national strike force members they were very careful in how they other two, subject to political decision to the Army’s chemical school in Fort considered the qualifications of nomi- making, and that the public could then Leonard Wood, MO. They learned how nees and their recommendations were rightly lose faith; that the designates to spot nerve agents, scan people for not made lightly. The highest rec- of the third branch of Government radiation, and respond in other ways to ommendation that the American Bar would be devoid of political influence, terrorist attacks. From their DOD Association can give to a nominee is that they would be fair and honest. schooling, some went straight to the ‘‘well qualified.’’ Justice Owen received And I would just add in my own words Olympic Games in Salt Lake City for the recommendation of ‘‘well quali- that it would be pretty hard to believe duty. fied’’ not by a majority of the members anymore that when you went into a My amendment, which the com- of the ABA who decide these matters, court and you expected to receive blind mittee also accepted unanimously, but unanimously. Every single person justice, as we are all accustomed to, makes sure that the new Department involved in the ABA who rated the that you might well be faced with the of Homeland Security has access to the nominee, rated her well qualified. In decision of a political judge who would Defense Department’s expertise. other words, she could not have gotten not base the case on the law or the We will consider a number of amend- a higher rating from the American Bar Constitution, but rather on political ments in the coming days and hope- Association. ideology. fully have a thorough debate. But let’s As I said, the chairman of the com- That is wrong. It is dangerous. It is not lose sight of the fact we have a mittee characterized this process as unprecedented. That is why I say this very solid proposal before the Senate. the gold standard for nominees. I said was a black mark in the history of the It implements the President’s call for today that I guess the Senate has now Senate because today we had a com- the creation of a strong, robust Depart- gone off the gold standard; that is no mittee that made a decision that I can ment of Homeland Security. It does so longer enough. only characterize as applying a polit- in a careful and constructive way. In The Senator from New York was ical litmus test to the nominee—and a the end, it will preserve, protect, and quite candid in articulating again, as faulty one at that. defend the United States of America. he has on numerous occasions, what he If my colleagues can characterize The PRESIDING OFFICER. The Sen- believes the new standard should be. Justice Priscilla Owen as a right-wing ator from Arizona. And central to the application of the extremist, an ideologue, an activist f new standard is a determination by the judge—as they did—then anyone can be JUDGE PRISCILLA OWEN members of the committee of the pur- so characterized. Senator GRAMM made the point a few minutes ago. He said: I Mr. KYL. Mr. President, I regret to ported ideology, political ideology, of the nominee with the right to deter- know a political ideologue when I see say this day is a very dark day in the one because I am. Most of us in the history of the Senate. The Senate Judi- mine whether the nominee is within the mainstream, as they identify it, Senate, in fact, are political ideologues ciary Committee, of which I am a in the finest sense of that word. We be- member, has just rejected, on a purely and then the right to vote down any nominee considered to be outside the lieve in a political ideology and we partisan party line vote, the nomina- care enough, no matter what other oc- tion of one of President Bush’s finest mainstream. Never mind that our great and distin- cupation we might have had, to try to nominees to the U.S. Circuit Court, advance our political philosophy in the Justice Priscilla to the Fifth Circuit guished colleagues, such as Senator KENNEDY of Massachusetts, Senator U.S. Senate on behalf of our constitu- Court of Appeals. ents. That is in the great tradition of First, there was a vote to reject her SCHUMER of New York, Senator LEAHY of Vermont, in my opinion, are not the United States and applied to the 10 to 9. Then, Senator HATCH asked she second branch of Government, the leg- be reported to the full Senate without necessarily the most qualified to de- scribe what is mainstream in American islative branch. recommendation so that all of our col- But it has never been appropriate to politics—as least not as qualified as a leagues could have an opportunity to apply that to the third branch of Gov- person who has been elected by all of cast their vote on her nomination. ernment, our judges. As I said, if Pris- the people of the country, the Presi- That was rejected 10 to 9. Finally, he cilla Owen can be so characterized, dent of the United States. Apart from said, all right, then, I will move that then anyone can be. She is about as far the fact that I think President Bush we report her out unfavorably since the from being an ideologue or an extrem- probably has a better handle on what is majority of the committee, 10 to 9, ist or an activist as anybody I have mainstream in the country than my does not support her confirmation. ever seen nominated to the court. That, too, was rejected on a party-line colleagues on the committee, myself A bit about her: She has earned the vote. included, the rejection of the previous support of Texas Democrats and Re- The full body of the Senate will not standard and the insertion of this new publicans. She has been three times have an opportunity to vote on the political standard into the Judiciary elected to the Texas Supreme Court. confirmation of Justice Priscilla Owen. Committee deliberations is a breach of She had the endorsement of every The reason this is so distressing tradition, highly dangerous to the con- major Texas paper in her last race. She today is because it marks a new era in tinuation of the rule of law in the is not a partisan. the judicial confirmation process. That United States, and itself an exercise in She is brilliant. She had the highest much was made clear by the Demo- blatant, political activity. score on the Texas bar exam when she cratic members of the committee When the Senator from New York took it. As I said, the American Bar today. It is clear now that there is a suggested this new standard, he held a Association rated her unanimously new test to be applied to the Presi- hearing. Among the people who testi- with their highest rating of ‘‘well dent’s nominees. It is no longer enough fied were Lloyd Cutler, counselor to qualified.’’ that the nominee be well qualified and several Democratic Presidents. Lloyd Everything that was said about her above reproach in terms of judicial eth- Cutler is a man of great distinction in in the committee deliberations this ics. It is now necessary that the can- the bar with a long history of activity morning was considered by the bar as- didate be committed to actively pur- in the judicial nomination process. He sociation in making that recommenda- suing the political agenda of the ma- said it would be a grave mistake to in- tion. I suggest the charges that those jority of the members of the com- sert politics into the nonpolitical outside the Senate have made are mittee. If not, they will characterize branch of Government, the third trumped up charges that bear no re- the nominee as ‘‘extremist,’’ as ‘‘right branch, the judicial branch. He said if semblance to the truth. wing,’’ as Justice Owen was character- an ideological litmus test ever became In characterizing her as somehow ized today. the Senate’s reason for confirming or outside the mainstream, these groups S8254 CONGRESSIONAL RECORD — SENATE September 5, 2002 have done a great disservice, not just necessarily like this candidate’s views, cerned about President Reagan and the to the President and to the court sys- but I am going to support the can- first President Bush applying a litmus tem and the rule of law, but to this fine didate because of the tradition of the test to nominees. They both made it individual, personally. That is, per- Senate to give the President’s nomi- clear that they applied no such litmus haps, the biggest tragedy of all. nees the benefit of the doubt. test. The litmus test that was of most The Washington Post, which is not The new ideology in the Senate, ac- concern related to the issue of abor- known to be, by conservatives anyway, cording to the majority members of the tion. It is clear, from at least some of a friendly newspaper to the President committee, is that the burden of proof the nominees President Bush ap- or to conservatives or to the conserv- is now on the nominee; that unless the pointed, that he did not have a litmus ative philosophy, in an editorial on nominee can demonstrate to the mem- test in mind because those judges have July 24, made clear its view that it bers of the committee the nominee’s not agreed with the Reagan-Bush kind would be inappropriate to reject Jus- willingness to abide by this test that of political philosophy. But I think it tice Owen; that she was highly quali- has been established, that the com- is appropriate that there be no litmus fied and that her conservative views, if mittee has the right to turn these test on abortion or any other issue. indeed she had them, would not be a nominees down. The burden of proof When I recommended a judicial reason for her to be disqualified and re- has heretofore been on the committee nominee to the President—either to jected. The Post characterized her as a members to find a reason to reject the President Clinton or to President conservative in the editorial, con- nominee if, in fact, there was one. Bush—I did so on the basis that I could To be candid, Members of the Senate cluding: easily say I never asked this candidate have sometimes gone looking for rea- In Justice Owen’s case, the long wait has about his or her position on an issue sons to oppose a nominee when they produced no great surprise. She’s still a con- such as abortion. In fact, to this day I believed that the ideology was too far servative. And that is still not a good reason don’t know those candidates’ positions, to vote her down. one way or the other. Sometimes they found those reasons and sometimes by and large, on that particular issue. I remember in the last few weeks of But it appears to me now the litmus the campaign for the Presidency, Al they did not. But up to now, anyway, unless you could find a darned good test is being applied, and specifically Gore said one thing I agreed with. He on the issue of abortion, if you listened said: You should not vote for President reason to oppose a nominee, you didn’t to the members of the committee who Bush because if he’s elected President do so. discussed Justice Owen’s nomination then he’ll nominate conservatives to Now that has changed. That is why I said this is a very dark day in the Sen- today. the court. It is interesting that the Judiciary It is no great surprise that a Presi- ate. If this persists, we are going to get Committee, in response to the concern dent would nominate people to the to the point where we have judges sit- about a President applying a litmus courts who think like the President ting who were confirmed based upon test, has a question that has always does. That is traditional in this coun- political ideology so the citizens of the been put to the nominees before it. We try and Al Gore was right. country are no longer going to be able If you elected him, you are more to go into court and be satisfied re- have a list of questions. But one of the likely to get people who are more lib- garding the one person who will rule on key questions is: Has anybody at the eral. If you elected President Bush you their fate, on their property, and in White House or in the Government are more likely to get people who are some cases even their lives—that the asked you about your position on any more conservative. That is our system individual litigant can no longer count issues that might come before the and that has never been a basis for the on the decisions made to be fair and in court? If so, specify who, when, and so Senate to substitute its political judg- accordance with the law and the Con- on. Because the members of the Judici- ment for that of the President—who stitution of the United States. ary Committee wanted to know if any- after all, again, was elected by all of I know of very few countries in the body in the executive branch queried the people in the country—and vote the world where a citizen is willing to vol- them about their political views on nominee down based on ideology. unteer and go into court and say: I be- issues that might come before the Instead, it has always been the tradi- lieve I am absolutely right, but I am court. And, of course, if anybody had tion to determine whether the can- willing to let a judge, somebody I have done so, the committee would have didate was well qualified, had the right never met before, who I do not know, risen as one and said: That is improper; ethics and judicial temperament, and make a decision that could dramati- you are applying a litmus test, and you was otherwise qualified. If so, then the cally affect my life because I believe in can’t do that. candidate was confirmed. the rule of law as applied in the United Some of the witnesses who came be- As a member of the committee and as States of America, in fairness and in fore the committee when we had the a Member of this body, I have voted on the application of the rule of law in the hearings on this alluded to that ques- a lot of nominees with whom I did not U.S. Constitution. There are not very tionnaire. And we said: You can’t sub- agree politically. There are members of many places in the world where you stitute the traditional advice for con- the Ninth Circuit Court of Appeals sit- feel good about going into a court and firmation with a political litmus kind ting now who have voted wrong in literally placing your life in the hands of test and only apply it in the legisla- every controversial case, as far as I am of someone you don’t know. tive branch. concerned. But I voted for them. I But we trust those people in the If the members of the Judiciary Com- voted to confirm them because I be- United States because of the tradition mittee are going to begin applying a lieved that President Clinton, having that has enabled us to appoint people litmus test—if we are going to begin been elected by all of the people of the to the bench who, by and large, rule on making our decision on ideology—then country, deserved his nominees. I the basis of their view of the law and of you can expect the President of the couldn’t argue with the qualifications the Constitution rather than on a po- United States is going to do the same or ethics of the people for whom I litical ideology. But if this persists, thing, continuing down that road. voted. These, too, were rated highly by you are not going to know when you go I think there is an element of hypoc- the American Bar Association. They, before the judge whether this was a risy because that question still exists. too, were smart people who had good judge who was chosen because of ide- It is still asked by the members of the judicial ethics. So I voted for them, ology and, if so, how that might be ap- Judiciary Committee. But we say the knowing that probably they would plied in your particular case. That is a President dare not ask it. come down on the wrong side of deci- very bad thing. It begins to undermine I think we have to get our thinking sions that mattered to me in certain the rule of law in this country. That is straight. Are we going to allow deci- situations. And that has been the case. why people, such as Lloyd Cutler and sions such as the one that was made But I do not regret voting for them be- others, were very wary of a change in today by the majority of the Judiciary cause that has been the tradition for the practice of confirming judges this Committee to become the prevailing over 200 years in this country. way. view in the Senate and the traditional Senator after Senator on the floor of I think it is interesting that liberals practice and test of the Judiciary Com- the Senate has made that point: I don’t in this country were always very con- mittee of the Senate or are we going to September 5, 2002 CONGRESSIONAL RECORD — SENATE S8255 take a big, deep breath and say: Wait a fied recommendation from the Amer- She does not deserve to have the minute—whether it is a Republican or ican Bar Association and the support of treatment that she got today. But we Democratic President and whether it is both home State Senators who has will have another day, and I believe a Republican or Democratic Senate— been turned down for a traditional Priscilla Owen will go down in the this is taking us down a very wrong nomination. records as a great Federal judge, be- and dangerous path. I am sad today because I know Pris- cause I believe she will be one eventu- I believe that in the great tradition cilla Owen. I know what a fine person ally. of partisan Members of this body, who she is. Not only did she graduate right Mr. President, I yield the floor. nevertheless understood that politics at the top of her class in law school, The PRESIDING OFFICER. The Sen- was no way to make decisions on but she had the No. 1 grade on the ator from Connecticut. judges, good sense will ultimately pre- Texas bar exam when she took it. She Mr. LIEBERMAN. Mr. President, I vail and the Senate will return to a has sterling credentials academically. suggest the absence of a quorum. standard that is appropriate—whether She is very well regarded by the former The PRESIDING OFFICER. The the candidate is well qualified based Democratic attorney general. The chief clerk will call the roll. upon traditional temperament and eth- justice of the Supreme Court of Texas The legislative clerk proceeded to ics, and on their ability to apply the was very supportive of her and came call the roll. law fairly, and understanding and out publicly for her. The other Demo- Mr. REID. Mr. President, I ask unan- knowledge of the law. cratic member of the Supreme Court of imous consent that the order for the If we don’t return to that kind of a Texas with whom she served came out quorum call be rescinded. standard, then we are on an inevitable strongly for her. The PRESIDING OFFICER. Without decline in the way that our country ap- It is just stunning that someone who objection, it is so ordered. plies the rule of law; and, since the rule never had one smirch on her record of Mr. REID. Mr. President, has the bill of law underpins everything in the integrity, who was totally well quali- been reported this afternoon? United States—from our guaranteed fied and unanimously certified by the f constitutional rights to our economic American Bar Association, and who CONCLUSION OF MORNING free market system, our property was reelected to the Texas Supreme BUSINESS rights, and all the rest—it would be the Court by over 80 percent of the vote beginning of the end of this country. would be turned down by the Judiciary The PRESIDING OFFICER (Mr. I do not exaggerate when I say that Committee. I think this is a sad day. REED). Morning business is closed. nothing less is at stake and that this But I will say this: I talked to Jus- f body needs to address this question tice Owen today. I said: You lost the HOMELAND SECURITY ACT OF 2002 very seriously before decisions such as battle today, but you could win the war The PRESIDING OFFICER. Under today’s become the rule rather than because I am absolutely certain that the previous order, the Senate will now the aberrant exception. President Bush will renominate her if resume consideration of H.R. 5005, I believe this is a dark day in the his- there is Republican control of the Sen- which the clerk will report. tory of the Senate, that history will ate. If that happens, she will be con- The assistant legislative clerk read judge the actions of the committee firmed, because she deserves to be con- as follows: today very harshly. I just hope my col- firmed. leagues will consider whether in the fu- It is very hard on a personal level to A bill (H.R. 5005) to establish the Depart- ment of Homeland Security, and for other ture we need to return to the tradition see someone as committed as Priscilla purposes. that has served Presidents and the Sen- Owen—she is basically a nonpolitical Pending: ate and the Nation so well. I hope so. individual. She did not even know I yield the floor. when she was asked to submit her Lieberman amendment No. 4471, in the na- ture of a substitute. The PRESIDING OFFICER. The Sen- name for the Supreme Court of Texas if Wellstone Amendment No. 4486 (to amend- ator from Texas. she had voted in the primary before. ment No. 4471), to prohibit the Secretary of Mrs. HUTCHISON. Mr. President, I This judge is not political. Homeland Security from contracting with heard the last part of the remarks of But George Bush—Governor of Texas any corporate expatriate. the Senator from Arizona about what at the time—appointed her. She then Reid amendment No. 4490 (to amendment happened today in the Judiciary Com- ran for election after her appointment No. 4486), in the nature of a substitute. mittee to Supreme Court Justice Pris- and was endorsed by every newspaper Smith (N.H.) amendment No. 4491 (to cilla Owen, a member of the Texas Su- in Texas and was just thought of by amendment No. 4471), to amend title 49, United States Code, to improve flight and preme Court, who was voted down on a both Republicans and Democrats as the cabin security on passenger aircraft. straight party line vote. I have never most qualified person who had been put Reid (for Boxer/Smith (N.H.)) amendment seen a case in which a person who is to- forward for this particular seat on the No. 4492 (to amendment No. 4491), to amend tally qualified, a person who has shown bench on the Fifth Circuit. title 49, United States Code, to improve integrity on the bench, and who has It is a sad day, but I think this is not flight and cabin security on passenger air- the academic credentials to be a great over. craft. Federal judge would be turned down I do believe that President Bush will The PRESIDING OFFICER. The Sen- for, really, I think a litmus test on reappoint her in the next Congress if ator from Nevada is recognized. issues. the Republicans control the Senate and Mr. REID. Mr. President, it is my un- In the past administration—the Clin- he believes that she will get a fair derstanding that Senator WELLSTONE ton administration—I voted for a num- hearing. I believe she will win the vote has a modification that will allow us to ber of judges with whom I disagreed of the Senate, and she will show what proceed and finish his amendment. philosophically, judges who I knew a great judge she can be because she Recognizing that as the case, people would rule differently from what I will be sitting on the Fifth Circuit still wish to speak in relation to that thought would be the ‘‘right vote’’ on bench. amendment. I think that can be done the court. But I tried to see what their But this is a tough day for her. I after we take that action. So if Senator qualifications were. I certainly tried to think she did not deserve this treat- WELLSTONE is ready, I will ask that he see if they would be strict construc- ment. I will say that in the parts of the be allowed to modify his amendment, tionists to the Constitution, if they hearing that she had that I saw, she and that will be accepted by voice vote. would adhere to the law rather than be was outstanding and did as good a job Following that, the Senator from traditional judicial activists. I voted as anyone I have ever seen who was a Texas will be recognized for 20 minutes for people with whom I disagreed many nominee for the Federal bench. She did to speak in relation to the legislation times. Today, I don’t think that could so well that she won the endorsement before the Senate; and the manager of be said for members of the Judiciary of the Washington Post, the Chicago the bill, Senator THOMPSON, wishes to Committee. Tribune, and the Wall Street Journal. speak, and I ask that he be recognized I am told there has never been a She had accolades from newspapers following the statement of the Senator nominee who had the unanimous quali- across America. from Texas. S8256 CONGRESSIONAL RECORD — SENATE September 5, 2002 Senator LIEBERMAN wishes to speak Mr. THOMPSON. Reserving the right not have substantial business activities in after Senator THOMPSON. At that time, to object, as I understand it, Senator the foreign country in which or under the we should be in a position to move for- GRAMM will speak first. Then I will law of which the entity is created or orga- ward on the Smith-Boxer amendment. have the opportunity to speak and then nized when compared to the total business activities of such expanded affiliated group. I ask unanimous consent that the IEBERMAN Senator L . Does the Senator (c) DEFINITIONS AND SPECIAL RULES.—For Senate resume consideration of the from Minnesota want additional time? purposes of this section— Wellstone amendment; that Senator Mr. REID. Under the agreement I (1) RULES FOR APPLICATION OF SUBSECTION WELLSTONE then modify his amend- just stated, he has 20 minutes if he (b).—In applying subsection (b) for purposes ment with changes that have been wishes to use it. of subsection (a), the following rules shall agreed upon; that Senator WELLSTONE Mr. THOMPSON. First? First mean- apply: have 20 minutes to speak with respect ing immediately, right now, before (A) CERTAIN STOCK DISREGARDED.—There to his amendment; that upon the use or Senator GRAMM? shall not be taken into account in deter- Mr. REID. After the vote. I suggest mining ownership for purposes of subsection yielding back of time, the Reid second- (b)(2)— degree amendment No. 4490, as modi- the absence of a quorum. (i) stock held by members of the expanded fied, be agreed to, the motion to recon- The PRESIDING OFFICER. The affiliated group which includes the foreign sider be laid upon the table; and that clerk will call the roll. incorporated entity, or the Wellstone amendment 4486, as The assistant legislative clerk pro- (ii) stock of such entity which is sold in a amended, be agreed to, the motion to ceeded to call the roll. public offering related to the acquisition de- reconsider be laid upon the table, with- Mr. REID. Mr. President, I ask unan- scribed in subsection (b)(1). out intervening action or debate, with imous consent that the order for the (B) PLAN DEEMED IN CERTAIN CASES.—If a foreign incorporated entity acquires directly the proviso that Senators be recognized quorum call be rescinded. The PRESIDING OFFICER. Without or indirectly substantially all of the prop- as I indicated: Senators GRAMM, erties of a domestic corporation or partner- THOMPSON, LIEBERMAN. And at that objection, it is so ordered. Mr. REID. Just so everyone under- ship during the 4-year period beginning on time, we would be in an almost certain the date which is 2 years before the owner- position to move forward on the Smith- stands—and I am sure they do—the ship requirements of subsection (b)(2) are Boxer amendment. There have been Senator from Minnesota will send his met, such actions shall be treated as pursu- conversations taking place among peo- modification to the desk. At that time, ant to a plan. ple with regard to this. we will vote in relation to the (C) CERTAIN TRANSFERS DISREGARDED.—The Mrs. BOXER. Reserving the right to Wellstone amendment. Following that, transfer of properties or liabilities (including Senator WELLSTONE will speak. Then by contribution or distribution) shall be dis- object, I apologize. I was called to the regarded if such transfers are part of a plan Cloakroom. It was my understanding the lineup will be what was enunciated before, all in relation to the Wellstone a principal purpose of which is to avoid the that after Senator GRAMM speaks in purposes of this section. amendment. morning business that we were going (D) SPECIAL RULE FOR RELATED PARTNER- The PRESIDING OFFICER. Is there to go to the Smith-Boxer amendment. SHIPS.—For purposes of applying subsection Mr. REID. That was the case, but we objection to the request? Without ob- (b) to the acquisition of a domestic partner- have the two managers of the bill who jection, it is so ordered. ship, except as provided in regulations, all wish to speak on the amendment. The PRESIDING OFFICER. The Sen- partnerships which are under common con- trol (within the meaning of section 482 of the Mrs. BOXER. On which amendment? ator from Minnesota. AMENDMENT NO. 4490, AS MODIFIED Internal Revenue Code of 1986) shall be treat- Mr. REID. On the Wellstone amend- ed as 1 partnership. Mr. WELLSTONE. Mr. President, I ment. (E) TREATMENT OF CERTAIN RIGHTS.—The Mrs. BOXER. May I ask, where are send a technical modification to the Secretary shall prescribe such regulations as we in terms of time? desk. may be necessary— Mr. REID. Senator THOMPSON wants The PRESIDING OFFICER. Under (i) to treat warrants, options, contracts to 10 minutes. We are talking about 40 the previous order, the modification is acquire stock, convertible debt instruments, minutes. We hope at that time we will accepted. and other similar interests as stock, and have something that will dispose of The amendment (No. 4490), as modi- (ii) to treat stock as not stock. (2) EXPANDED AFFILIATED GROUP.—The term this amendment on which Senator fied, is as follows: In lieu of the matter proposed to be in- ‘‘expanded affiliated group’’ means an affili- BOXER and Senator SMITH have worked. serted, insert the following: ated group as defined in section 1504(a) of the At that time, we will be in a position SEC. ll. PROHIBITION ON CONTRACTS WITH Internal Revenue Code of 1986 (without re- to determine what is going to happen CORPORATE EXPATRIATES. gard to section 1504(b) of such Code), except thereafter. We have had conversations. (a) IN GENERAL.—The Secretary may not that section 1504(a) of such Code shall be ap- Senator THOMPSON has an amendment enter into any contract with a foreign incor- plied by substituting ‘‘more than 50 percent’’ he wishes to offer today or on Monday. porated entity which is treated as an in- for ‘‘at least 80 percent’’ each place it ap- The PRESIDING OFFICER. Is there verted domestic corporation under sub- pears. (3) FOREIGN INCORPORATED ENTITY.—The objection? section (b), or any subsidiary of such entity. (b) INVERTED DOMESTIC CORPORATION.—For term ‘‘foreign incorporated entity’’ means Mrs. BOXER. Reserving the right to any entity which is, or but for subsection (b) object one more second. purposes of this section, a foreign incor- porated entity shall be treated as an in- would be, treated as a foreign corporation for The PRESIDING OFFICER. The Sen- verted domestic corporation if, pursuant to a purposes of the Internal Revenue Code of ator from California. plan (or a series of related transactions)— 1986. Mrs. BOXER. I want to make the (1) the entity has completed the direct or (4) OTHER DEFINITIONS.—The terms ‘‘per- point that Senator SMITH and I are indirect acquisition of substantially all of son’’, ‘‘domestic’’, and ‘‘foreign’’ have the anxious to move forward on our amend- the properties held directly or indirectly by meanings given such terms by paragraphs ment. We are working with Senator a domestic corporation or substantially all (1), (4), and (5) of section 7701(a) of the Inter- nal Revenue Code of 1986, respectively. FEINSTEIN on an amendment that she of the properties constituting a trade or (d) WAIVER.—The President may waive sub- would like to offer by UC which, if it is business of a domestic partnership, (2) after the acquisition at least 50 percent section (a) with respect to any specific con- in the spirit of what we discussed, of the stock (by vote or value) of the entity tract if the President certifies to Congress would be fine with us. We do hope we is held— that the waiver is required in the interest of can move forward. (A) in the case of an acquisition with re- national security. Talk about homeland security, 9/11, spect to a domestic corporation, by former This section shall take effect one day after planes being hijacked and pilots and shareholders of the domestic corporation by the date of this bill’s enactment. flight attendants being essentially reason of holding stock in the domestic cor- The PRESIDING OFFICER. Under helpless—we want to change that. We poration, or the previous order, the second-degree are going to stay here and push hard to (B) in the case of an acquisition with re- amendment No. 4490, as modified, is try to get a vote on that before the end spect to a domestic partnership, by former agreed to. partners of the domestic partnership by rea- of the day. son of holding a capital or profits interest in The amendment (No. 4490), as modi- The PRESIDING OFFICER. Is there the domestic partnership, and fied, was agreed to. objection? The Senator from Ten- (3) the expanded affiliated group which The PRESIDING OFFICER. Under nessee. after the acquisition includes the entity does the previous order, the first-degree September 5, 2002 CONGRESSIONAL RECORD — SENATE S8257 amendment No. 4486, as amended, is they could do it. A lot of smaller busi- nesses in Minnesota and in our country agreed to. nesses would never have the lawyers do not engage in this kind of behavior. The amendment (No. 4486) as amend- and the accountants to tell them how I do not want to see them put at any ed, was agreed to. to do it. kind of competitive disadvantage be- Mr. REID. I move to reconsider the If these companies are going to re- cause they do the right thing. vote. nounce their citizenship and engage in My third point: I think this is good Mr. LIEBERMAN. I move to lay that this kind of egregious behavior and not public policy. I know last time in the motion on the table. pay their fair share of taxes, it seems debate some of my colleagues said it is The motion to lay on the table was to me that is fine. Renounce their citi- a great thing to do, it is a good, popu- agreed to. zenship and they do not get any more lace thing to do, and people are going The PRESIDING OFFICER. The Sen- Government contracts. It is that sim- to be for it—in fact, I think that is why ator from Minnesota. ple. we had a voice vote, because a lot of Mr. WELLSTONE. Mr. President, I By the way, I do not think the com- people do not want to vote against it— say to my colleagues, Democrats and panies that are good corporate citizens, but it is not good public policy. There Republicans, that I am very pleased that do not engage in any of this sham are two Senators in the Chamber who this amendment has been accepted. A activity, should be penalized. Why are probably going to say that. They good part of this is in a similar amend- should they end up being penalized in are going to say that in good faith, and ment passed in the House. This will be bidding for the contracts because they they are going to marshal evidence for part of the law of this homeland de- are paying their fair share of taxes or their point of view. fense bill. even more because other companies are I have watched them both. Both of Maybe I will take up all my time; engaged in this tax avoidance? Why them are going to be retiring, and, maybe I should reserve some time to should they be penalized for doing the frankly, though I do not always agree respond. I am interested in what my right thing, which is to stay in our with one of them and I never agree colleagues, Senators THOMPSON and country? That is what is going on right with the other one, both of them have GRAMM, say about the amendment. Let now. made the Senate a much better place. me explain briefly to other Senators We have a situation where former So I am not arguing that there is not a why I have done this. U.S. companies that have renounced place for honest, intellectual disagree- We did this on the Department of De- their citizenship currently hold about ment. fense appropriations bill. That was $2 billion worth of contracts with the From my point of view, it is good only for 1 year. We offered an amend- Federal Government. This amendment public policy. There is no reason in the ment yesterday that would bar the has now passed the Senate, and it is world that these companies should be Secretary of Homeland Security from now in the House bill, so it is going to able to engage in this kind of egregious entering into contracts with U.S. com- become a part of law. So they are not behavior. It is a big scam. There is no panies that give up their U.S. citizen- going to be able to do that anymore. reason in the world that other busi- ship to avoid U.S. taxes. These Bermuda companies have no nesses and other people should end up I will give an example. It is a small staff, have no offices, have no business having to pay more taxes, and there is story that I think tells a larger story. activity. The only thing they are try- certainly no reason in the world that This is the story of Tyco. We heard all ing to do is shield income and not pay the vast majority of U.S. companies, about Tyco International. They saved their fair share of taxes. These are that play by the rules of the game, $400 million in taxes last year by char- Enron-like schemes involving sham stay in our country and do not engage tering its base in Bermuda. loans and other income transfers that in this kind of tax avoidance, should be There was an article in the Wall allow these companies to reduce their at any kind of disadvantage. Street Journal about a month ago that U.S. taxes on U.S. source income, in- I am glad the Senate has passed this suggested actually these savings might cluding income from Government con- amendment. I cannot overstate its im- have helped the company buy CEO tracts. It is called earnings stripping. portance. This is part of maybe the Dennis Kozlowski’s $19 million home in I am pleased with this amendment, new look in the Senate. The Sarbanes Boca Raton and a $6,000 shower curtain and I want people to know about this bill was a powerful step forward. It for his place in Manhattan. They have because it has now passed the Senate. took some jarring events to get that received $220 million in Government If a company reincorporates in a for- bill out of committee, but all of a sud- contracts. I guess the question is eign country and 50 percent or more of den people started realizing we have to whether or not any of that was used to the shareholders of the new foreign deal with some of these scandals, we pay for the shower curtain. corporation are the same as the share- have to deal with some of these abuses. This amendment, and the reason I holders of the old U.S. company, then We are going to have a pension bill have been focused on no Federal con- they do not get to contract with the on the floor soon. That is going to be tracts for expatriates, is all about cor- Homeland Security Agency, and if the part of this. I am really glad the Sen- porate reform. It is an egregious prac- company does not have any substantial ate has now passed this amendment be- tice when these companies set up sham business activity in its foreign home. cause I think this is all about dealing headquarters in countries such as Ber- That is the two-part test. This is actu- with these kinds of corporate abuses. muda. ally the two-part test in the Grassley- This is all about corporate account- They have no staff. They have no op- Baucus tax bill, and I thank them for ability, and this is all about reform. eration. Not only do they not end up their superb work. I am very proud of the fact the Sen- paying taxes on foreign profits but There are many sacrifices people are ate has accepted the amendment, and I they can also take the profit in our making today. The only sacrifice this thank my colleagues for doing so. own country and then cook the books amendment asks of Federal contrac- I ask unanimous consent to add Sen- and move it overseas to Bermuda or tors is that they pay their fair share of ator JOHNSON and Senator HARKIN as wherever else. It is not all that patri- taxes like everybody else. original cosponsors. otic. It means a lot of other businesses, I say to my colleagues, I know we I yield the floor. large and small, in my State of Min- had a debate last time when I did this The PRESIDING OFFICER. Without nesota and the Presiding Officer’s on the DOD appropriations bill. About objection, it is so ordered. State of Rhode Island get the short end 99 percent of the people in Minnesota The Senator from Texas. of the stick. in coffee shops would say: Absolutely. Mr. GRAMM. Mr. President, this Most of the large and small busi- If these companies want to do this kind amendment is a perfect example, if one nesses in Minnesota, Rhode Island, and of tax avoidance, then they should not goes around doing surveys to decide on around the country would never do be getting the Government contracts. I public policy, of how far afield from this. They would not do it, even if they think people are tired of this kind of logic and reality and good sense one had the lawyers and the accountants to egregious corporate behavior. can get. tell them how, because they would not My second point: I am very proud of Let me try to make a couple of believe it was the right thing to do if the fact that the vast majority of busi- points. If someone wants to get a good, S8258 CONGRESSIONAL RECORD — SENATE September 5, 2002 rousing round of applause in front of In the Finance Committee today, People make business decisions for any group, stand up and say companies there was an effort to mark up a bill— business reasons. Part of what eco- that are domiciled in the United States and people will think this is a joke, but nomic freedom is about is the ability of that change their domicile to any it is the truth—that said if you own people to move their money and to other country should not be able to do property and you want to leave Amer- move their labor by moving them- business with the Federal Government. ica and you want to go become a cit- selves. They will get applause every time. izen in Ireland or Germany or Argen- It is great to get rousing applause. It I wonder if one is going to get the ap- tina, we will act as if you have sold is wonderful. I don’t doubt that 90 per- plause when they explain to people your property, and you have to pay a cent of the people in Minnesota would that for the entire history of America, tax to the American Government be- be for it. I am not criticizing Min- companies born in other countries have fore you leave. Now, forgive me, but nesota. I don’t believe 90 percent of the moved their domicile to America be- that is right out of Nazi Germany. I people in Texas would be for it, but cause we have had a better business cli- don’t understand, when people are try- there may be. There may be. But mate. ing to bring wealth to America every whether it is 90 percent or 100 percent, Secondly, let me make it clear that day, when we have been a net gainer you either believe in freedom or you do these are private businesses. This is from people moving capital for over 200 private property. not. Another point: we sell about 80 to 90 years, why all of a sudden we are pass- And I must stand up and speak out percent of all defense and security ing laws that sound as if they are right when, for over 200 years, people have goods sold in the world. They are pro- out of Nazi Germany. been bringing their businesses to duced by American companies, by The idea that somebody cannot leave America, bringing wealth to America. American workers. The vast majority America and take their property with We had almost $100 billion of wealth of those companies are domiciled in them, that they have to pay a tax in coming to America annually in the the United States, although not all of order to get their property out of 1990s. Why we are suddenly passing them. Why in the world we should be America—forgive me, but that rings of laws saying you cannot go in the other saying to the various parliaments and another era and another system, a sys- direction? The problem with that is, if congresses around the world—some of tem that I hated when I read about it you cannot take it out, you will not whom may be having similar debates as a schoolboy, and I still hate it. bring it in. about why should they buy goods for Look, it is good politics to bash on One of the reasons I am being so hard their government that are produced by companies that are increasingly inter- on the Senator from Minnesota is this Americans when they can produce infe- national. Many of these companies end amendment we had in the Finance rior goods at higher cost at home—why up with more American employees by Committee today. I am sure somebody we should be picking this fight, I do relocating their headquarters than can defend it and say: People ought to not understand. they would have otherwise. It is very pay taxes. We want their taxes. We Finally, the world must think we good politics to say: We are going to want their money. We do not want have gone mad. We are the country show them. Move your headquarters them to take their money out of Amer- that has drawn capital and business out of America, or if you did it in 1812, ica. you can’t do business with the govern- and literally created a brain drain in Look, it is their money. It is a free ment. It is good politics, but it is ter- the world as people have voluntarily country. Being a free country does not chosen to come to America and bring rible public policy. We have probably, over the 200 years mean that you can do business with the their wealth and bring their genius. Government if you do what the Gov- They have helped make us the greatest with active commerce in America, gained 100 companies domiciling in ernment wants you to do. Freedom country in the history of the world, but means you can do whatever you want now the greatest deliberative body on America for every one that has gone in the other direction. Do we really want to do. If people want to move their Earth is trying to punish people who businesses, they ought to have a right want to move the domicile, the head- to create an economic war where com- panies say, if you ever open a head- to do it. If people want to take their quarters, of their company, to another money, their wealth, and move to country? If I have ever seen logic in quarters in our country, you can never move it anywhere else? Do we want France—I don’t know why in the world history turned on its head for political anyone would want to do that—but if reasons, this is it. that to happen to companies that want to come and locate in Texas? I don’t they do, my basic position is, God bless This bill is not prospective. It does them and let them go. For every person not make any sense. What about a think so. So, boy, you can get a great, that does that, there will be three peo- company that was born in America and rousing applause—probably even the ple from France who want to move in 1812 decided that most of its busi- Rotary Club would applause this—until their wealth here. ness was in Britain? Now, we have to they understood what you were talking understand, Britain is the largest in- about. Good applause. Great political issue. vestor in the United States of America We took this amendment because You could run a dynamite political and they are investing tens of billions people do not want to vote on it. I am spot on this: Old Joe Jones voted to let of dollars in our country every day. happy to vote on it. This is a bad pol- people move their businesses out of But we will say, because a company in icy. It is a wrongheaded policy that is America and that cost us tax revenue. 1812 decided it could operate its busi- basically counter to everything we be- Yet he let them sell to the Homeland ness better by having the headquarters lieve in as a nation. If you do not want Security Department. in London, but the ownership of the to live in America, I just as soon you To me, that is what freedom is about. company did not change, that we are leave. If you want to take your prop- This is bad policy coming on the not going to let them do business with erty, great, go to it. same day as this Finance Committee the Federal Government? Now, the fact that for the whole his- bill that would force you to act as if Finally, this is simply a sign of a tory of America, property and people you sold your property when you want logic that is very dangerous; that is, have been coming our direction, that to leave America, to pay a tax. God for- this logic that somehow this is Amer- does not change the fact you either be- bid this should be the policy of the ica against the world, and people are lieve in freedom or you do not. But to United States of America. And it is not trying to get their businesses out of start saying, in order to sell us a going to be. This amendment is not America, get their wealth out of Amer- good—even if your product is better, going to become law. I intend to work ica, and we have to stop them. For the even if your product would save lives, very hard to see it doesn’t. I don’t be- long history of America, the preponder- even if your product would save money, lieve it will. ance of movement has been into our if anyone cares about saving money— Again, nobody wants to vote against country, not out of it. Do we want that you cannot sell it to us if, in 1812 it. Everybody is going to applaud it, other countries to be passing laws to you were domiciled in Boston and you but in the end, some logic is going to prevent businesses from moving to moved to London and you did not prevail. When for 200 years people have America? I don’t think so. change your ownership by moving. been bringing wealth here, moving September 5, 2002 CONGRESSIONAL RECORD — SENATE S8259 businesses here, why we want to pre- thought if the majority of Senators be- brought wealth with them to America. vent people from going in the other di- lieved this was bad public policy, they The idea of taxing people to get out of rection is beyond my comprehension, would have been out here to oppose it— your country, the most dramatic exam- other than we are going to get a big ap- or at least some of them would have. I ple of that I remember is Nazi Ger- plause in doing it. Applause is a poor have to believe the majority believed it many. reason to have public policy. was good public policy. Otherwise I So I just ask people to please take a I reserve the remainder of my time. don’t think it would have passed. I long, hard look at some of these things The PRESIDING OFFICER. The Sen- don’t assume Senators are afraid to we are doing. Some people think they ator from Minnesota. come and debate and are afraid to ex- won’t actually become law. I hope not. Mr. WELLSTONE. I will take just 2 press their viewpoint and are afraid to But I do believe we are going to reach minutes, and I know the Senator from oppose a policy if they don’t think it is a point where we are going to begin to Tennessee will speak. I assume I have a a good public policy. If that is the case, do some harm. The people in the finan- little bit of time. it is a sad commentary. cial markets around the world must The fact is, this will become law. It As my colleague knows, I would have think we are crazy when they see these will be in this bill. It will stay in this been pleased to debate anybody be- kinds of amendments. bill. The House passed a similar provi- cause I think this is absolutely the I yield the floor. sion. right thing to do. Mr. DODD. Mr. President, I would I will say a couple things to my col- I yield the floor. like to thank Senator WELLSTONE for league from Texas. I appreciate what The PRESIDING OFFICER. The Sen- introducing this important amendment he said, although I think a lot of it did ator from Texas. to the homeland security bill. not describe this amendment. This is Mr. GRAMM. Mr. President, we have Our international tax code currently not about buy America, or about busi- other business to attend to, so I am not has a loophole that allows U.S. cor- ness moving. It is basically about going going to belabor this. Let me make my porations to open shell companies in after tax cheats. It is about people pay- point. Nothing in this amendment has tax haven countries while enjoying all ing their fair share of taxes. Frankly, anything to do with or says anything of the benefits of conducting business as long as we are going to talk about about tax cheating. This amendment in the United States without paying freedom— would apply to a company that moved taxes. The Finance Committee has re- Mr. GRAMM. Will the Senator yield from the United States to Great Brit- ported out a bill that temporarily ad- on that? ain in 1812. dresses this very issue. I hope that in Mr. WELLSTONE. I will be glad to The Finance Committee did not do the coming weeks we will debate and yield. any great deliberation in coming up pass the Finance Committee bill. Mr. GRAMM. Nothing in this amend- with this amendment. It was a pay-for, The amendment currently before us ment talks about taxes. This amend- something to create money they want- prohibits the new homeland security ment says if you redomicile without ed to spend, and it seemed like a pop- agency from contracting with any cor- changing half your ownership, that you ular thing to do. Let’s not deceive our- porate expatriate. I commend my col- can’t sell the products in America. selves into thinking any great thought league for introducing this fair and You are assuming that if I move my was behind it. And anybody who does very simple amendment. What this business to France that I did it for tax not understand that amendments pass amendment says is that if you are in- reasons. I may do it for some other rea- every day in the Senate that everybody corporated outside of the United States son. I may just do it because I like hopes and believes will end up dying and do not have substantial business French food. somewhere in some dark corner some- activities in the foreign country you So you are acting as if the only rea- where—where much of God’s work is are incorporated in, and if at least 50 son people do this is for taxes. And, done, by the way—then I don’t think percent of the stock of the entity is even if that were the case, that they understand the reality of politics. held by former shareholders of the do- wouldn’t change my opinion. So I just stand by the following mestic corporation or by former part- Mr. WELLSTONE. No, I would say to points: First, this amendment has ners of the domestic partnership, you my colleague—I appreciate it and I will nothing to do with taxes. This amend- will not be allowed to contract with finish up—I know I will not change his ment is punitive to companies that the new homeland security agency. opinion. I am well aware of that. I will may have started in America, may still Also, unlike previous discussions on just tell you the Senate Finance Com- employ 90 percent of their people in this issue, Senator WELLSTONE’S mittee did a pretty thorough investiga- America but are now domiciled abroad; amendment includes all inverted com- tion of this, and we know very well that is, they call another country their panies, so that there is no difference that these companies have engaged in economic home. The incredible paradox between companies who have just in- what I think is blatant tax avoidance. of the amendment is that for every verted or have been inverted for 6 We know they set up these sham com- American company that has moved months or 6 years. This is plain and panies that don’t have personnel there abroad, 100 have moved to America simple, and more importantly, this is or they do not do any business there. over the last 200 years. fair. We know they avoid paying taxes, in- Look, it is going to be on this bill. It The U.S. government should not be cluding actually transferring some of is in the House bill. But I do not be- in the business of contracting with the money they made in this country lieve it is going to become law. U.S. based corporations that are avoid- to avoid taxes. It is Enron-like Second, I want to make the point ing their tax responsibilities by incor- schemes. that we are going to end up hurting porating in offshore tax havens. Cor- You talked about freedom. I am free, America in the capital markets of the porations have a right to determine as a United States Senator, to intro- world if we keep this business up. If we where they should incorporate and duce a piece of legislation that says we had our major trading partners pass what is best for their business, just go after these tax cheats and they and enforce a similar law, we would like we have a right to determine how should pay their fair share of taxes. I lose 100 or maybe 1,000 companies that hard earned U.S. tax dollars should be am free, as a Senator from the State of are coming here for every one we are spent. I strongly believe that U.S. tax Minnesota, to represent the people of preventing going there. This is not dollars should not be spent in govern- my State and do so, and that is what I smart. ment contracts to companies that have have done and this amendment passed Third, I just have to raise this provi- expatriated in order to avoid paying and that is a fact. sion considered by the Finance Com- taxes. Frankly, when my colleague says: mittee, which is based on the same Companies who are or will be af- Well, the only reason it passed is be- logic: How dare anybody move out of fected by this amendment must under- cause it is just a popular thing to do, America and take anything with them? stand that there are benefits and costs so Senators really would not have My God, for over 200 years, people have to the decisions they make. This voted against it, that is quite an in- moved from Asia and Europe and South amendment, if adopted, will force cor- dictment of the Senate. I would have America and everywhere, and they porations to include in their calculus S8260 CONGRESSIONAL RECORD — SENATE September 5, 2002 the fact that they may no longer be stay in the U.S. The 2002 U.S. deficit is So if you have always been foreign, able to enjoy the earnings that are expected to be at $157 billion—a deficit you can deal with the Federal Govern- brought to them through Government that would be closed were these off- ment. But if at one time, at any time contracts if they incorporate off shore shore companies to pay their fair share in your past history you were an Amer- to avoid U.S. taxes. That may or may of taxes. ican company, you can’t. That doesn’t not alter management’s decision to I think that we can agree that we make any sense to me. move—management may decide that it must address the problems in our I am also concerned that this amend- does not matter that the company will flawed international tax code which is ment might violate our trade obliga- not be able to contract with the gov- obviously in need of reform. There are tions because it is discriminatory ernment. If this is the decision, so be problems with the fact that the tax against certain foreign-based compa- it. But we should not perpetuate a sys- code is currently putting American nies. If we were to enact the amend- tem that puts companies that do pay companies at a competitive disadvan- ment, what would be the unintended U.S. taxes at a competitive disadvan- tage by taxing income from their over- results? I am concerned we would be tage because their counterparts have seas operations while other nations do giving governments an excuse to ban less of a tax burden. not tax income earned abroad. But U.S. companies from bidding on foreign I represent the State where Stanley what we need to do is work together to contracts, when we have been fighting Works is located. Stanley Works has a change the law and not just abandon to get foreign governments to open wonderful history and tradition in Con- ship and reincorporate. And so while their procurement process to U.S. com- necticut, and so it was a great dis- we work on making changes to the tax panies. appointment to many of us when they code, it is important that we do not Denying a company the ability to be took steps towards inverting their disadvantage those companies who re- awarded Federal contracts based solely company to Bermuda. Obviously Stan- main in the U.S. by also awarding con- on the location of its headquarters rep- resents a significant change in Federal ley Works executives weighed the bene- tracts to those who have left. That is procurement policy and counteracts fits and costs to inverting the company why I am pleased that this amendment years of work to streamline the Fed- and found that the costs outweighed passed the Senate today. eral acquisition process. If we begin to the benefits, and so I can speak on be- The PRESIDING OFFICER. Under use Federal contracts as leverage half of Connecticut when I say, that we the previous order, the Senator from against potential contractors, the sys- are pleased that Stanley Works Tennessee is recognized. tem will inevitably become highly po- dropped its plan to reincorporate to Mr. THOMPSON. Mr. President, the liticized and the goal of obtaining the Bermuda. Senator from Texas is right. This is a best value on Government contracts In FY 2001, Stanley Works had a total significant change in procurement pol- will no longer be a priority; It will be of $5.2 million of defense and homeland icy. The Senate Committee on Govern- a political football, where the procure- security related Government contracts. mental Affairs, which has jurisdiction ment process will turn into an attempt Now that they are going to stay incor- over Federal procurement policy, has to punish our enemies and reward our porated in the U.S., they would be put not had a single hearing to consider friends instead of trying to get the best at an unfair disadvantage if they have this issue and the impact it will have deal for the Government—which, of to compete with companies who also on the procurement process. course, is the best deal for the tax- weighed the cost and benefit, but de- I think at the outset it ought to be payer, who the proponents of this cided that they are better off leaving observed that it is very unfair to pub- licly accuse a company of being a tax amendment claim they are looking out the U.S. or remaining incorporated for. cheat when they have not violated one outside of the U.S. Government contracts are not gifts. single law, rule, or regulation of the The amendment currently before us Federal contractors face a burdensome takes away this unfair advantage. And United States. I have been informed process full of redtape, paperwork, and so if companies like Ingersoll-Rand, since this discussion has been going on unique Government regulatory require- Cooper Industries, and others are inter- that one of the many unintended con- ments. That is why it can be difficult ested in continuing to contract with sequences, probably, and potentially to get multiple companies to even bid the Federal Government, then all they unintended results, is one involving a on a contract. have to do is come back. company called Intelsat. We have attempted to streamline To continue to contract with compa- If we are going to prohibit companies this process in recent years in order to nies that have inverted, to continue to from dealing with the new Department increase competition, to save tax- allow companies to engage in tax sav- of Homeland Security, why limit it to payers money, but restrictions such as ing techniques not available to most the Department of Homeland Security? this discourage companies from bid- individual taxpayers and yet still be el- Let’s prohibit them from doing busi- ding in the first place. We do not want igible for important and profitable gov- ness with—I guess, the closest com- to end up in a situation where DHS has ernment contracts, would in the words parable department would be the De- to rely on sole-source vendors because of the Treasury Department, ‘‘reduce partment of Defense. But the Depart- we prohibit the Department from con- confidence in the fairness of the tax ment of Defense uses satellites of tracting with an inverted corporation. system.’’ Intelsat. The least we could do is provide the U.S. companies that have decided to I do not know the extent of the traf- Secretary with the authority to waive move offshore currently hold at least fic, but I think it is significant, and I the ban in order to ensure competition $2 billion worth of contracts with the know it is important to the national in the bidding process. That procure- Federal Government. We have a re- security of this country. Intelsat is a ment bar is a serious sanction, reserved sponsibility to ensure that these off- Bermuda company, and it is an inver- only for egregious conduct such as shore shell companies are not rewarded sion. That is the sort of thing we are fraud or criminal offenses in connec- for turning their backs on America. dealing with, if thoughtful people tion with obtaining the contract or And that is exactly what this Amend- think this thing through before we fin- performing a public contract. ment does. ish up this process. What is important to Government At a time when confidence in U.S. Another result of this amendment procurement officials when evaluating business practices is at an all time low, would be to allow foreign companies a contract bid is not where the bidding when the country is engaged in foreign that have always been foreign compa- company is headquartered. They look policy challenges, and when CBO is nies to be able to bid on Department of at where the work is to be done, wheth- projecting lasting deficits until 2006 we Homeland Security contracts. But it er the company will do a good job, and cannot continue to condone this prac- would preclude foreign companies that whether the bid is cost effective. tice, and we surely cannot allow the have at one time in the past been Whether or not you believe corporate Government to continue to allow this headquartered in the United States inversions should be prohibited, the unfair loophole to continue. Offshore from bidding on those contracts, even fact of the matter is that inversion tax havens are a massive $200 billion if the work would be performed in the transactions are legal under the cur- loss of U.S. tax revenue that should United States by American workers. rent tax laws. Because the amendment September 5, 2002 CONGRESSIONAL RECORD — SENATE S8261 is retroactive, it would bar companies here and say: We will just knock it out It seems to me that a company that that have engaged in legal behavior— in the conference committee; never has grown up in America and that has an inversion—from bidding on DHS mind that the vast majority of people benefitted from American workers and contracts. The inversion could have oc- think, of course, this is about tax all that America does to create a cli- curred a year ago or 10 years ago. Ei- avoidance; of course, we know what we mate for enterprise, economic growth, ther way, these companies had no way are doing. Don’t worry about that be- and markets for goods and services of knowing that they could be banned cause it will be business as usual. We that are provided ought to, as an act of from bidding on federal contracts if will just go to the conference com- citizenship, even though it might not they inverted. mittee and knock it out. be illegal to go offshore, as an act of This amendment’s definition of an in- I want to say to my colleagues that I citizenship pay its fair share of taxes. version is problematic, because it believe there are many Senators and My dad was a small businessman. He would snag any company that inverted representatives in that conference did well as he went along. I always re- at any time if 50 percent of the share- committee who will make sure that member, it makes me think that I was holders are the same before and after doesn’t happen. I sure will be moni- raised in an age longer ago than it was. the inversion. This amendment would toring this. It will become law. It is In fact, my dad used to say: I never not just go after the sham transactions not going away. We will not be back to complain about paying taxes because that are targeted by the Finance Com- the business of helping these corpora- the taxes I pay are the price I pay as a mittee bill. It would also catch compa- tions with all their egregious behavior businessman for doing business in this nies that engaged in inversion trans- and thinking they can get away with country, for the extraordinary not only actions for legitimate business reasons. it. It doesn’t work that way any longer. blessings of liberty that America gives, The Finance Committee-reported bill It is a new world. People do not stand but as part of that, the blessings of has an 80 percent shareholder test, for that kind of egregious behavior. economic opportunity that are allowed which is intended to target the most That is the standard of ordinary citi- me—dad never went to college—to egregious transactions. zens and good public policy. start this business and be able to make It is important to note that these The PRESIDING OFFICER. The Sen- enough money to send my kids to col- companies do and will pay U.S. tax on ator from Connecticut. lege and graduate school. the income earned from their govern- Mr. LIEBERMAN. I thank the Chair. That ethic, which is still shared by ment contracts regardless of whether Mr. President, I want to speak in the great majority of businesses in our they are headquartered in the U.S. favor of the amendment that the Sen- country, including particularly, may I The amendment does not address the ator from Minnesota has introduced, say, small businesses that don’t have root cause of corporate inversions, which has been adopted, as amended. I the wherewithal to kind of wriggle which is our highly complex foreign want to say to him that not only do I their way through the legal system, is tax regime that taxes companies on a support it personally, but as the man- not reflected as often in the actions worldwide basis. U.S. tax laws put do- ager of this bill and as chairman of the that we have seen documented so well. mestic companies at a distinct dis- Governmental Affairs Committee, from I share the view of many of my col- advantage relative to their foreign which the underlying bill has emerged, leagues that we should close the tax competitors who are taxed on a terri- when we go into conference on this bill loophole to prevent companies from torial basis. with the House, I will naturally have in further irresponsible behavior. That is That is the heart of the problem. mind not only my personal support of the most direct way to address the That is the root cause, and that is what the Senator’s amendment but the fact problem. But I also support this we ought to be addressing. that the Senate has adopted the amendment, which sends a simple and I thank the Chair. I yield the floor. amendment by voice vote unani- profound message: if you don’t want to The PRESIDING OFFICER. Under mously. I will be pledged to do every- participate as U.S. citizens and pay the previous order, the Senator from thing I can to keep it in the ultimate your fair share of taxes, then don’t ex- Connecticut is recognized for up to 10 conference report, particularly since pect to make billions of dollars of prof- minutes. the House has adopted a similar its from U.S. government contracts Mr. WELLSTONE. Mr. President, I amendment. that are paid with the tax dollars of wonder if I could have 2 minutes. Mr. President, I want to speak briefly Americans who pay their fair share in Mr. LIEBERMAN. Mr. President, I on this. I think the Senator has done taxes. yield 2 minutes of my time to the Sen- something that is important and that My State of Connecticut has some re- ator from Minnesota. is just. He attached this to a bill on cent history on this issue—history with The PRESIDING OFFICER. The Sen- homeland security. But it responds to a a happy ending—that I would like to ator from Minnesota. broader problem. It does, in a sense, relate to the Senate. Back in May, Mr. WELLSTONE. Mr. President, touch the same spirit of patriotism StanleyWorks, a proud company based that is very gracious of the Senator that we generally responded to after in New Britain, wanted to pack its cor- from Connecticut. the events of September 11 which en- porate bags and reconstitute in Ber- I just wanted to say again that I ap- gendered the basic bill before us. It is muda. And not because its executives preciate the remarks of both of my col- this notion that a significant number wanted to try driving on the left side of leagues. I did want to address one point of American businesses that have been the road. It was because some of its that was made by my colleague from born and grown up here, benefitted leadership decided it would be nice to Texas, which is to say this won’t be- from all the opportunities that Amer- avoid paying taxes to the United come law when almost the identical ica provides, decided to wriggle their States of America. provision was passed in the House and way out of the taxes and locate off- It is sad and ironic, when you think the Senate has agreed to it. I believe shore to avoid paying taxes to the about it. This company was founded in the chairman of the Senate Govern- United States of America. This is just ‘‘New Britain’’—a name that calls to mental Affairs Committee is com- wrong. It is like so much else that is mind our roots as 13 colonies that mitted to it. I believe there are many going on around it. broke away from the mother country people in the House who are as well. Unfortunately, more than a few of because she tried to tax us from afar I will tell you one other thing. The our biggest companies have chosen to without giving us the rights, represen- public is committed to this as well. incorporate overseas and thereby avoid tation, and respect that we deserved. There are going to be a lot of people paying U.S. taxes. And here was a New Britain-based com- looking at the conference committee. Evidently, these companies have pany thinking of setting up a shell in The only time I get feisty is when asked themselves if it is legal instead Bermuda to avoid paying taxes even there is an implication: Oh, well, you of asking if it is right or wrong. They though it is in every other way a full- know we don’t want to go on record be- have had some lawyers or accountants fledged citizen of our United States. cause we are afraid to oppose it, which tell them it is legal to do this. Legality StanleyWorks started in 1843 when I think is unfair implication. I think it isn’t the only standard for what is an enterprising businessman named is bad public policy. They come out right and wrong. Frederick Trent Stanley set up a small S8262 CONGRESSIONAL RECORD — SENATE September 5, 2002 shop to make door bolts and other vory. If a U.S. company wants to bid The thing is, we have been waiting to hardware from wrought iron. It was for work to defend the homeland—work finish this Smith-Boxer amendment. one of dozens of small foundries and that is being paid for in the tax dollars We would like to get that done. But if other backyard industries in town of its customers, among others—how you have the understanding that you struggling to make a go of it by turn- can that company not even pledge alle- were to speak for 40 minutes—— ing out metal products—but Stanley giance, in the most basic fiscal sense, Mr. GRAMM. Mr. President, probably had a special innovative spirit and an to the United States of America? we could move everything along by my uncommon passion for doing things This measure that the Senator from just starting and trying to be expedi- right. So, as often happens in America, Minnesota has attached is right on tar- tious. I speak slowly, so I will try not what began as a modest enterprise get. It says if an American-based com- to repeat myself. prospered and grew. pany is not willing to pay taxes to Mr. REID. The Senator has the floor, To see this company so willing to America, they ought not to receive and he has the right. I would just indi- scrap its proud history and proud pres- contracts through the new Department cate to everyone, we are going to have ence in my State, and to see similar of Homeland Security that we are es- a vote sometime this afternoon on the things happening around the country, tablishing in this bill, which after all Smith-Boxer amendment. Everyone really got me angry. It got a lot of us are contracts that will be paid for by has agreed that would take place. So angry. And with good reason. Thou- taxes paid by American companies. To everyone should understand that after sands and thousands of hardworking me, that seems to be elementary fair- the Senator from Texas completes his small businesses like the business my ness. statement, Senator BOXER will modify father owned and operated, and thou- So I close with a quote from Paul her amendment to meet a couple of the sands of corporations, contribute to Krugman of the New York Times, objections that were raised, and then America every single day—not only the which I think says it well, when he she will speak, Senator SMITH will way that all businesses do, by pro- wrote: speak, and maybe even Senator HOL- ducing jobs for Americans—but also by [T]he trouble is that hinting, even by si- LINGS will come and speak. paying their fair share of taxes. Mean- lence, that it’s O.K. not to pay taxes is a So I would estimate that probably at while, other companies have the gall to dangerous game. . . . Accountants and tax around 4:30 or thereabouts we could look for a clever way to fatten their planners have taken the hint; they now be- have a vote on the Smith amendment. bottom line and get an edge over their lieve that it’s safe to push the envelope. . . . I think that would be all of the legisla- competitors who play by the rules. Furthermore, what does it say to the nation tion on this bill today. when companies that are proud to stay That is why in May I cosponsored the The PRESIDING OFFICER (Mr. CAR- American are punished, while companies bill by Senators BAUCUS and GRASSLEY PER). The Senator from Texas. to close the tax loophole that Stanley that are willing to fly a flag of convenience are rewarded? Mr. GRAMM. Mr. President, we have attempted to exploit, and supported started the debate on homeland secu- That is what this amendment is all adding to that bill a provision pre- rity, and one of the things that has about and why I was pleased to support venting overseas tax dodgers from com- struck me is that while we have talked it on the voice vote and why I intend to peting for or receiving federal con- about the President’s request for flexi- work with all the strength and skill I tracts. bility—about his ability, in a national have in the conference committee to I am proud that at least in my State, emergency, to override collective bar- make sure it is part of the final con- at least with StanleyWorks, a little bit gaining agreements—the debate, to ference report that comes back to the of shame seemed to have an effect. this point, has basically been in the ab- Senate with this bill. StanleyWorks decided not to go over- stract. So while it does not make for a seas after all. They made the right de- I thank the Chair and yield the floor. Several Senators addressed the pretty speech, I would like to try to cision, and I appreciate it. get specific this afternoon for 20 min- But other corporations are still busy Chair. utes and try to give some concrete ex- relinquishing their American citizen- The PRESIDING OFFICER. The Sen- amples as to what this debate is about. ship and, in the process, relinquishing ator from Texas. Mr. GRAMM. Mr. President, I think The President has said that in order their good corporate citizenship in the to protect the American homeland, he very same act. Mr. President, when you under the unanimous consent request I needs the ability to put the right per- wriggle out of taxes you wriggle out of have 20 minutes to speak on the bill. son in the right place at the right time, responsibility. When you evade the We have been talking about the amend- and that he also needs the ability to basic requirements that everybody else ment of the Senator from Minnesota, move or remove people who are not ca- meets, you erode our common bonds as and I had yet to get the 20 minutes. I pable of doing the job that needs to be a community. It may seem to make think maybe the Senator from Cali- done in order to protect our country, sense for individual companies at first fornia was under the impression that I its people, its property. when they’re viewing through the nar- had spoken before that debate but—— I would like to just note the fol- row and amoral blinders of the bottom Mr. LIEBERMAN. Mr. President, if lowing things on this issue. No. 1, this line, but it’s downright destructive for the Senator will yield? is not a new concern. In 1984, the Grace American society as a whole. The PRESIDING OFFICER. The Sen- And I must say, in the end it may not ator from Connecticut. Commission stated: help a company’s bottom line either, Mr. LIEBERMAN. It was my under- The lack of integration of the INS, the and this amendment helps make that standing, in the unanimous consent Border Patrol, and the Customs Service would lead to security breakdowns. clear. The fact is, when a company agreement Senator REID propounded, thumbs its nose at the country that that Senator GRAMM would have a That was the Grace Commission in gives it the opportunity to prosper, it total of 20 minutes, which he could use 1983. loses credibility. It loses trust. It loses either to speak on the Wellstone Does anybody doubt when INS ap- respect. It loses customers. And, yes, amendment or more generally on the proved a visa for two of the people who though it may seem that way based on bill. flew airplanes into the World Trade the initial calculations of the CFO, it I see Senator REID in the Chamber. Center, after their pictures and names loses money. Perhaps he can clarify. have been on every television station Good ethics make good business. This Mr. REID. Will the Senator from and every front page of every news- amendment leaves no doubt about that Texas yield? paper in the world, that the concern fact. The border, in this case, is the Mr. GRAMM. I will be happy to yield. expressed by the Grace Commission in line between right and wrong. We in Mr. REID. I thought you were going 1983 has been borne out? Congress have to draw that line—to say to speak 20 minutes on the Wellstone In 1989, the Volcker Commission, on that if you cross it, you will not be eli- amendment, and then Senator the National Commission on Public gible for Federal contracts. Plain and WELLSTONE would speak for 20 minutes, Service, concluded: simple. and then 20 minutes for the two man- The current system—— In the context of Homeland Security, agers. But if you want to speak on the They are talking about our system of these actions seem even more unsa- bill, that certainly is your right. hiring, firing, and promoting. September 5, 2002 CONGRESSIONAL RECORD — SENATE S8263 The current system is slow, it is legally I just want people to look at the ing the new shift affected overtime and trampled, and intellectually confusing. It is facts and see that under the Presi- differential pay of existing workers and impossible to explain to potential can- dent’s bill, only 6 of the 70 chapters in had to be negotiated with the union. didates. It is almost certainly not fit for fill- ing the spirit of our mandate to hire the the Federal Registry governing the The Federal Labor Relations Authority most meritorious candidates. civil service system are modified, and agreed that new shifts of border inspec- Does anybody doubt that the young none of them is repealed. tors could not be added without a col- Another area where people are won- lady who was an FBI agent who tried lective bargaining agreement. dering what are all these politicians to warn headquarters that we had sus- Do we really think the President talking about is this whole area of col- pected terrorists taking lessons on fly- ought to have the ability to add per- lective bargaining. Why, in this area of ing planes but not on landing them sonnel if our lives are at stake? I think should have been promoted and given a national security, in order to get a de- the answer is yes. raise? I think the concerns of the cision made and to get up our shield Another example: Collective bar- Volcker Commission in 1989 have been and to protect our people, does the gaining agreements could prohibit spe- borne out. President want to be able to waive col- cial task forces of the Border Patrol And then the U.S. Commission on lective bargaining agreements on a se- from being deployed in any region. Let National Security, chaired by our dear lective basis? me read you the union agreement and friend and former colleague, Warren I simply picked out 8 that are very what it requires for deploying Border Rudman, stated: different to give you examples of the Patrol. I am not criticizing them. I kind of problem you have in trying to An agile, flexible personnel system is re- have been maybe the biggest supporter quired for us to have a successful defense of make the Government work. Please of the Border Patrol. Under normal cir- the American homeland. forgive my clumsiness in reading them, cumstances, when you are posting peo- We can debate whether the current but they are pretty revealing. ple, you want them to be posted in system is flexible enough, but let me No. 1: Collective bargaining agree- areas where they can preserve the basic just let the facts speak for themselves. ments can prohibit improvements to quality of life. But let me read to you And they are pretty simple facts. border protection in inspection areas. what the union agreement says. Let me give an example. In 1987, the Mr. President, 1,800,000 people worked They have to be posted where there Customs Service office at Logan Air- for the Federal Government in the year are ‘‘suitable eating places, drug port was renovated with a minor 2000—1,800,000. How many do you think stores, barber shops, places of worship, change in the area where the baggage were fired because they were incapable cleaning establishments, and similar of international flight passengers was of doing their job? With 1,800,000 people places necessary’’ to sustain the com- inspected. The National Treasury Em- working for the Federal Government, fort or health of the employees. ployees Union objected, saying the ren- how many of them do you think lost In peacetime, when we are getting ovation had to be part of a collective their job because they were not getting the job done, that is perfectly reason- bargaining agreement. The Federal it done? The answer: 6. able. But are we going to stand by and Labor Relations Authority ruled that In 2001, how many Government em- let a union work agreement say that the Customs Service could not ren- ployees do you think lost their job out we can’t, in an emergency, deploy the ovate its baggage inspection areas of 1.8 million because they were not Border Patrol where there are no dry without a collective bargaining agree- getting the job done? The answer: 3. cleaners? I don’t think so. Does anybody believe that all but ment. Another example: Collective bar- three Federal employees in all of Are we kidding? Are we going to put gaining agreements could prohibit the America, in every agency combined, American lives at stake over changing forward deployment of the best Cus- would have met the standards of the collective bargaining agreements so toms Service inspectors to foreign private sector to keep their job? I do that we can upgrade inspection areas? I ports to inspect container ships des- not think so. don’t think so. I don’t think that is Only 500 people out of the 1.8 million protecting workers or protecting jobs. I tined for the United States. Unions are people who worked for the Federal think that is protecting the status quo currently negotiating with the Cus- Government were demoted in the year and exposing Americans to being hurt. toms Service to determine which in- 2000 for lack of performance. Only 600 Let me give another example: Collec- spectors will be shifted abroad based were denied pay raises. tive bargaining agreements can pro- not on merit, but on seniority. Think about that. The vast majority hibit agencies from working together When we have a critical area where of people who got bad ratings—over 99 to protect the border. President Clin- people’s lives are at stake, we can’t be percent of the people who work for the ton’s drug czar, Barry McCaffrey, as fooling around with seniority. We have Federal Government who were given many will remember, noted the sepa- to give the President the right to say: failing grades on their evaluations—got rate union rules that controlled how Look, that agreement is perfectly good automatic pay increases with the Fed- its inspectors would search vehicles. under ordinary circumstances, and at eral Government. No wonder two- According to the San Francisco Exam- the post office we are going to agree thirds of Federal workers, in inde- iner—this is General McCaffrey speak- with it. But when people’s lives are at pendent polls that have been con- ing— stake, we are not going to be fooling ducted, believe that poor performers Officials at one agency were actually for- around where we can’t put the best per- are not adequately disciplined. Fur- bidden to open the trunks of cars, a policy son in the best place. That is what this ther, nearly half of all Federal workers well known to drug dealers. debate is about. believe that job performance has little We are not asking people to share Another example: Collective bar- or nothing to do with a chance for pro- toothbrushes. We are just asking that gaining agreements could prohibit motion. the President have the ability to joint- agencies from implementing a new It seems to me when you look at ly train people at the Border Patrol body search policy on detainees. Listen these facts, the President is simply and at INS and at Customs so that they to this one. In 1995, the INS sought to asking, in the area where life and death can work together. This is a perfect ex- change its policies regarding body are at stake, to have greater flexibility ample of where that has not happened. searches and detentions in order to in being sure we hire the right person; Another example: Collective bar- protect employees from harm and the it does not take 6 months to do it; and gaining agreements could prohibit Service from lawsuits. The American if somebody is clearly not doing the agencies from increasing the number of Federation of Government Employees job, that we at least move them out of immigration inspectors. In 1990, the insisted that no change in body search these highly sensitive areas. Immigration and Naturalization Serv- policy occur until a broader collective In listening to people who are defend- ice added an extra shift at the Hono- bargaining agreement was reached. ing workers instead of defending the lulu International Airport to handle a When the INS implemented the new homeland, you get the idea that the surge of international flights in the policy, the union challenged it before President is proposing a wholesale re- afternoon. The American Federation of the Federal Labor Relations Authority, writing of personnel laws. Government Employees objected, say- and they ruled that the new body S8264 CONGRESSIONAL RECORD — SENATE September 5, 2002 search policy could not be imple- guarantee the money will not be well hands-free wireless communications devices mented without a new collective bar- spent. to permit pilots to monitor activities in the gaining agreement. I understand the power of special in- cabin. The President is asking for flexi- terest groups. I understand that people SEC. ll3. FEDERAL FLIGHT DECK OFFICER PRO- bility in the name of national security. have other concerns in national secu- GRAM. (a) IN GENERAL.—Subchapter I of chapter This is exactly the kind of cir- rity. But I think, under the cir- 449 of title 49, United States Code, is amend- cumstance he is talking about. When cumstances, given the crisis that we ed by adding at the end the following: we have people at these press con- face, that those who say the President ‘‘§ 44921. Federal flight deck officer program ferences saying, protect our workers, is trying to trample on labor rights, ‘‘(a) ESTABLISHMENT.—Not later than 90 they are not talking about protecting trying to take away from unions their days after the date of enactment of the Arm- workers, they are talking about pro- power, I don’t think they have a leg to ing Pilots Against Terrorism and Cabin De- tecting agreements that don’t make stand on. I think if my colleagues fense Act of 2002, the Under Secretary of any sense, given that we have had over would look at these examples, they Transportation for Security shall establish a 3,000 of our fellow citizens killed. show very clearly exactly the kind of program to deputize qualified pilots of com- Let me give you a couple more exam- thing we have to do. mercial cargo or passenger aircraft who vol- ples. Collective bargaining agreements Finally, I believe that the vast ma- unteer for the program as Federal law en- could prohibit agencies from canceling jority of people who are going to be in forcement officers to defend the flight decks of commercial aircraft of air carriers en- annual leave during a border crisis. In these emergency agencies would like to have these restrictions removed. They gaged in air transportation or intrastate air 2000, the Customs Service was pushing transportation against acts of criminal vio- a drug interdiction effort along the would like to have promotions based on lence or air piracy. Such officers shall be Florida coast. When annual leave was merit. They would like incompetents known as ‘Federal flight deck officers’. The canceled, the union filed a grievance on who endanger their lives, as much or program shall be administered in connection behalf of those Customs officers who more than they endanger our lives, to with the Federal air marshal program. wanted to attend the World Police and be removed. That is what this debate is ‘‘(b) QUALIFIED PILOT.—Under the program about. We have been sort of shouting described in subsection (a), a qualified pilot Firearms Games. The FLRA ruled that is a pilot of an aircraft engaged in air trans- despite the interdiction effort, annual back and forth at each other, and I thought it was important to come over portation or intrastate air transportation leave could not be canceled. who— When people are saying the President and put some meat on the bones and ‘‘(1) is employed by an air carrier; doesn’t need this authority and these give concrete examples. ‘‘(2) has demonstrated fitness to be a Fed- agreements are sacred, is anybody will- I yield the floor. eral flight deck officer in accordance with ing to say that in order to protect peo- The PRESIDING OFFICER. The Sen- regulations promulgated pursuant to this ple’s right to go to some conference, we ator from California is recognized. title; and are going to deny the President the AMENDMENT NO. 4492, AS MODIFIED ‘‘(3) has been the subject of an employment Mrs. BOXER. Mr. President, I send a investigation (including a criminal history ability to say no, today we are going to record check) under section 44936(a)(1). protect people’s lives in your home- modified amendment to the desk, which has been cleared by Senator ‘‘(c) TRAINING, SUPERVISION, AND EQUIP- town? I don’t think so. MENT.—The Under Secretary of Transpor- SMITH and myself, regarding training Let me give you one more example. tation for Security shall provide or make ar- Collective bargaining agreements could for pilots and flight attendants. rangements for training, supervision, and prohibit agencies from disbanding a The PRESIDING OFFICER. Without equipment necessary for a qualified pilot to single office. In 1991, INS attempted to objection, the amendment is so modi- be a Federal flight deck officer under this shut down a unit facility due to a fied. section at no expense to the pilot or the air The amendment (No. 4492), as modi- steady decrease in activity and staff- carrier employing the pilot. Such training, fied, is as follows: qualifications, curriculum, and equipment ing. No more than two union workers There being no objection, the mate- shall be consistent with and equivalent to were at the facility in its last year, and rial was ordered to be printed in the those required of federal law enforcement of- one manager was capable of handling RECORD, as follows: ficers and shall include periodic re-qualifica- the workload. Yet, the union chal- tion as determined by the Under Secretary. In lieu of the matter proposed to be in- The Under Secretary may approve private lenged the move and the Federal Labor serted, insert the following new title: Relations Authority ruled that the training programs which meet the Under TITLE ll—FLIGHT AND CABIN SECURITY Secretary’s specifications and guidelines. Air elimination of any unit could not occur ON PASSENGER AIRCRAFT until the collective bargaining agree- carriers shall make accommodations to fa- SECTION ll1. SHORT TITLE. cilitate the training of their pilots as Fed- ment was changed. This title may be cited as the ‘‘Arming Pi- eral flight deck officers and shall facilitate So when we are talking about giving lots Against Terrorism and Cabin Defense Federal flight deck officers in the conduct of the President, for national security Act of 2002’’. their duties under this program. reasons, the right to waive these work SEC. ll2. FINDINGS. ‘‘(d) DEPUTIZATION.— rules, this is exactly the kind of thing Congress makes the following findings: ‘‘(1) IN GENERAL.—The Under Secretary of that we are talking about. When peo- (1) Terrorist hijackers represent a profound Transportation for Security shall train and ple’s lives are at stake, should we be threat to the American people. deputize, as a Federal flight deck officer (2) According to the Federal Aviation Ad- able to deploy the Border Patrol on a under this section, any qualified pilot who ministration, between 33,000 and 35,000 com- submits to the Under Secretary a request to sustained basis where they don’t have mercial flights occur every day in the United be such an officer. dry cleaners? When people’s lives are at States. ‘‘(2) INITIAL DEPUTIZATION.—Not later than stake, should we be able to change fa- (3) The Aviation and Transportation Secu- 120 days after the date of enactment of this cilities without renegotiating union rity Act (Public Law 107–71) mandated that section, the Under Secretary shall deputize contracts? When lives are at stake, air marshals be on all high risk flights such not fewer than 500 qualified pilots who are should we be able to require that peo- as those targeted on September 11, 2001. former military or law enforcement per- ple that were attending some con- (4) Without air marshals, pilots and flight sonnel as Federal flight deck officers under attendants are a passenger’s first line of de- ference stay on their job to protect our this section. fense against terrorists. ‘‘(3) FULL IMPLEMENTATION.—Not later than fellow citizens? That is what this de- (5) A comprehensive and strong terrorism 24 months after the date of enactment of this bate is about. prevention program is needed to defend the section, the Under Secretary shall deputize The President has asked for the right Nation’s skies against acts of criminal vio- any qualified pilot as a Federal flight deck to use a policy that has been available lence and air piracy. Such a program should officer under this section. to every President for the last 20 years. include— ‘‘(e) COMPENSATION.—Pilots participating Yet, in this bill, when we are supposed (A) armed Federal air marshals; in the program under this section shall not to be promoting homeland security, (B) other Federal agents; be eligible for compensation from the Fed- that right is taken away from the (C) reinforced cockpit doors; eral Government for services provided as a (D) properly-trained armed pilots; Federal flight deck officer. President. So what has happened here (E) flight attendants trained in self-defense ‘‘(f) AUTHORITY TO CARRY FIREARMS.—The is we are providing a lot more money, and terrorism prevention; and Under Secretary of Transportation for Secu- and that will help. But we are imposing (F) electronic communications devices, rity shall authorize a Federal flight deck of- restrictions on the President that such as real-time video monitoring and ficer under this section to carry a firearm to September 5, 2002 CONGRESSIONAL RECORD — SENATE S8265 defend the flight deck of a commercial pas- thwart criminal violence or aircraft piracy, ‘‘(F) Live situational simulation joint senger or cargo aircraft while engaged in as added by section 144 of public law 107–71) training exercises regarding various threat providing air transportation or intrastate air as subsection (k). conditions, including all of the elements re- transportation. No air carrier may prohibit a (b) AVIATION CREWMEMBER SELF-DEFENSE quired by this section. Federal flight deck officer from carrying a DIVISION.—Section 44918 of title 49, United ‘‘(G) Flight deck procedures or aircraft ma- firearm in accordance with the provisions of States Code, is amended— neuvers to defend the aircraft. the Arming Pilots Against Terrorism and (1) by striking subsection (a) and inserting ‘‘(2) PROGRAM ELEMENTS FOR INSTRUC- Cabin Defense Act of 2002. the following new subsection: TORS.—The requirements prescribed under ‘‘(g) AUTHORITY TO USE FORCE.—Notwith- ‘‘(a) IN GENERAL.— subsection (a) shall contain program ele- standing section 44903(d), a Federal flight ‘‘(1) REQUIREMENT FOR AIR CARRIERS.—Not ments for instructors that include, at a min- deck officer may use force (including lethal later than 60 days after the date of enact- imum, the following: force) against an individual in the defense of ment of the Arming Pilots Against Ter- ‘‘(A) A certification program for the in- a commercial aircraft in air transportation rorism and Cabin Defense Act of 2002, the structors who will provide the training de- or intrastate air transportation if the officer scribed in paragraph (1). reasonably believes that the security of the Under Secretary of Transportation for Secu- rity, shall prescribe detailed requirements ‘‘(B) A requirement that no training ses- aircraft is at risk. sion shall have fewer than 1 instructor for ‘‘(h) LIMITATION ON LIABILITY.— for an air carrier cabin crew training pro- gram, and for the instructors of that pro- every 12 students. ‘‘(1) LIABILITY OF AIR CARRIERS.—An air ‘‘(C) A requirement that air carriers pro- carrier shall not be liable for damages in any gram as described in subsection (b) to pre- pare crew members for potential threat con- vide certain instructor information, includ- action brought in a Federal or State court ing names and qualifications, to the Avia- arising out of the air carrier employing a ditions. In developing the requirements, the Under Secretary shall consult with appro- tion Crew Member Self-Defense Division pilot of an aircraft who is a Federal flight within 30 days after receiving the require- priate law enforcement personnel who have deck officer under this section or out of the ments described in subsection (a). expertise in self-defense training, security acts or omissions of the pilot in defending an ‘‘(D) Training course curriculum lesson experts, and terrorism experts, and rep- aircraft of the air carrier against acts of plans and performance objectives to be used resentatives of air carriers and labor organi- criminal violence or air piracy. by instructors. zations representing individuals employed in ‘‘(2) LIABILITY OF FEDERAL FLIGHT DECK OF- ‘‘(E) Written training bulletins to reinforce commercial aviation. FICERS.—A Federal flight deck officer shall course lessons and provide necessary pro- ‘‘(2) AVIATION CREWMEMBER SELF-DEFENSE not be liable for damages in any action gressive updates to instructors. DIVISION.—Not later than 60 days after the brought in a Federal or State court arising ‘‘(3) RECURRENT TRAINING.—Each air carrier date of enactment of the Arming Pilots out of the acts or omissions of the officer in shall provide the training under the program Against Terrorism and Cabin Defense Act of defending an aircraft against acts of crimi- every 6 months after the completion of the 2002, the Under Secretary of Transportation nal violence or air piracy unless the officer initial training. for Security shall establish an Aviation Crew is guilty of gross negligence or willful mis- ‘‘(4) INITIAL TRAINING.—Air carriers shall Self-Defense Division within the Transpor- conduct. provide the initial training under the pro- tation Security Administration. The Divi- ‘‘(3) EMPLOYEE STATUS OF FEDERAL FLIGHT gram within 24 months of the date of enact- sion shall develop and administer the imple- DECK OFFICERS.—A Federal flight deck officer ment of the Arming Pilots Against Ter- mentation of the requirements described in shall be considered an ‘employee of the Gov- rorism and Cabin Defense Act of 2002. this section. The Under Secretary shall ap- ernment while acting within the scope of his ‘‘(5) COMMUNICATION DEVICES.—The require- point a Director of the Aviation Crew Self- office or employment’ with respect to any ments described in subsection (a) shall in- Defense Division who shall be the head of the act or omission of the officer in defending an clude a provision mandating that air carriers Division. The Director shall report to the aircraft against acts of criminal violence or provide flight and cabin crew with a discreet, Under Secretary. In the selection of the Di- air piracy, for purposes of sections 1346(b), hands-free, wireless method of commu- rector, the Under Secretary shall solicit rec- 2401(b), and 2671 through 2680 of title 28 nicating with the flight deck. ommendations from law enforcement, air United States Code. ‘‘(6) REAL-TIME VIDEO MONITORING.—The re- carriers, and labor organizations rep- ‘‘(i) REGULATIONS.—Not later than 90 days quirements described in subsection (a) shall resenting individuals employed in commer- after the date of enactment of this section, include a program to provide flight deck the Under Secretary of Transportation for cial aviation. The Director shall have a crews with real-time video surveillance of Security, in consultation with the Firearms background in self-defense training, includ- the cabins of commercial airline flights. In Training Unit of the Federal Bureau of In- ing military or law enforcement training developing this program, the Under Sec- vestigation, shall issue regulations to carry with an emphasis in teaching self-defense retary shall consider— out this section. and the appropriate use force. Regional ‘‘(A) maximizing the security of the flight ‘‘(j) PILOT DEFINED.—In this section, the training supervisors shall be under the con- deck; term ‘pilot’ means an individual who is re- trol of the Director and shall have appro- ‘‘(B) enhancing the safety of the flight sponsible for the operation of an aircraft, priate training and experience in teaching deck crew; and includes a co-pilot or other member of self-defense and the appropriate use of ‘‘(C) protecting the safety of the pas- the flight deck crew.’’. force.’’; sengers and crew; (b) CONFORMING AMENDMENTS.— (2) by striking subsection (b), and inserting ‘‘(D) preventing acts of criminal violence (1) CHAPTER ANALYSIS.—The analysis for the following new subsection: such chapter 449 is amended by inserting or air piracy; ‘‘(b) PROGRAM ELEMENTS.— after the item relating to section 44920 the ‘‘(E) the cost of the program; ‘‘(1) IN GENERAL.—The requirements pre- ‘‘(F) privacy concerns; and following new item: scribed under subsection (a) shall include, at ‘‘(G) the feasibility of installing such a de- ‘‘44921. Federal flight deck officer program.’’. a minimum, 28 hours of self-defense training vice in the flight deck.’’; and (2) EMPLOYMENT INVESTIGATIONS.—Section that incorporates classroom and situational (3) by adding at the end the following new 44936(a)(1)(B) is amended— training that contains the following ele- subsections: (A) by aligning clause (iii) with clause (ii); ments: ‘‘(f) RULEMAKING AUTHORITY.—Notwith- (B) by striking ‘‘and’’ at the end of clause ‘‘(A) Determination of the seriousness of standing subsection (j) (relating to authority (iii); any occurrence. to arm flight deck crew with less than-lethal (C) by striking the period at the end of ‘‘(B) Crew communication and coordina- weapons) of section 44903, of this title, within clause (iv) and inserting ‘‘; and’’; and tion. 180 days after the date of enactment of the (D) by adding at the end the following: ‘‘(C) Appropriate responses to defend one- Arming Pilots Against Terrorism and Cabin ‘‘(v) qualified pilots who are deputized as self, including a minimum of 16 hours of Defense Act of 2002, the Under Secretary of Federal flight deck officers under section hands-on training, with reasonable and effec- Transportation for Security, in consultation 44921.’’. tive requirements on time allotment over a 4 with persons described in subsection (a)(1), (3) FLIGHT DECK SECURITY.—Section 128 of week period, in the following levels of self- shall prescribe regulations requiring air car- the Aviation and Transportation Security defense: riers to— Act (49 U.S.C. 44903 note) is repealed. ‘‘(i) awareness, deterrence, and avoidance; ‘‘(1) provide adequate training in the prop- SEC. ll4. CABIN SECURITY. ‘‘(ii) verbalization; er conduct of a cabin search and allow ade- (a) TECHNICAL AMENDMENTS.—Section ‘‘(iii) empty hand control; quate duty time to perform such a search; 44903, of title 49, United States Code, is ‘‘(iv) intermediate weapons and self-de- and amended— fense techniques; and ‘‘(2) conduct a preflight security briefing (1) by redesignating subsection (h) (relat- ‘‘(v) deadly force. with flight deck and cabin crew and, when ing to authority to arm flight deck crew ‘‘(D) Use of protective devices assigned to available, Federal air marshals or other au- with less-than-lethal weapons, as added by crewmembers (to the extent such devices are thorized law enforcement officials. section 126(b) of Public Law 107–71) as sub- approved by the Administrator or Under Sec- ‘‘(g) LIMITATION ON LIABILITY.— section (j); and retary). ‘‘(1) AIR CARRIERS.—An air carrier shall not (2) by redesignating subsection (h) (relat- ‘‘(E) Psychology of terrorists to cope with be liable for damages in any action brought ing to limitation on liability for acts to hijacker behavior and passenger responses. in a Federal or State court arising out of the S8266 CONGRESSIONAL RECORD — SENATE September 5, 2002 acts or omissions of the air carrier’s training thanks and support for your amendment to she wants to get this very extensive instructors or cabin crew using reasonable the pending homeland security legislation. training—and we have strengthened it and necessary force in defending an aircraft The Boxer-Smith amendment creates a pro- with the Feinstein language—and be of the air carrier against acts of criminal vi- gram allowing volunteer pilots who meet qualified to defend the plane, as a last olence or air piracy. strict federal qualification standards to re- ‘‘(2) TRAINING INSTRUCTORS AND CABIN ceive training to become federal flight deck resort, if someone does break through CREW.—An air carrier’s training instructors officers, authorized to defend the cockpit the doors, under this amendment, they or cabin crew shall not be liable for damages against acts of criminal violence and air pi- will have video cameras in the cockpit, in any action brought in a Federal or State racy. which is what I wanted so much. That court arising out of an act or omission of a Our nation has suffered greatly as a result is kind of a rear-view mirror. And Sen- training instructor or a member of the cabin of the events of September 11. More than ator SMITH put in wireless communica- crew regarding the defense of an aircraft 3,000 people were murdered, billions of dol- tion so that the flight attendants can lars of property damage was incurred, the against acts of criminal violence or air pi- talk to the pilots in an unobtrusive racy unless the crew member is guilty of nation’s economy was rocked, thousands of gross negligence or willful misconduct.’’. people were laid off and life in America will fashion. (c) NONLETHAL WEAPONS FOR FLIGHT AT- never be the same again—all because terror- This is a package that will make our TENDANTS.— ists were able to kill eight pilots and take skies safer. I am not going to talk long (1) STUDY.—The Under Secretary of Trans- over the cockpits of their airliners on that because I know Senator SMITH, who portation for Security shall conduct a study day. started the ball rolling on this, is anx- to determine whether possession of a non- This must never happen again. Providing ious to speak, Senator HOLLINGS has lethal weapon by a member of an air car- more armed federal air marshals and en- some remarks, and people want to hanced cockpit doors will help. However, not rier’s cabin crew would aid the flight deck vote. So in the next 4, 5 minutes, I will crew in combating air piracy and criminal all flights will have the protection of air violence on commercial airlines. marshals and new, more secure cockpit doors lay out the rest of my argument. (2) REPORT.—Not later than 6 months after will not be installed overnight. As an abso- Why do we need this bill, which will the date of enactment of this Act, the Under lute last line of defense our government has have this voluntary program of arming Secretary of Transportation for Security authorized U.S. jet fighters to shoot down an pilots who would have to go through a shall prepare and submit to Congress a re- airliner if hijackers gain control of it. To au- rigorous course and get qualified re- port on the study conducted under paragraph thorize such an action, without empowering peatedly and have the psychological (1). pilots to defend the cockpit against hijack- profiles and everything else that we The provisions of this amendment shall ers, is both illogical and unacceptable. We are confident that the program, created would expect to have happen? take effect one day after date of enactment. Why do we need that? Why do we Mrs. BOXER. Mr. President, for the by your legislation, would not only add a genuine security enhancement in the very need to have the flight attendants’ benefit of Members, I know Senator near term, but also give passengers and training? Mr. President, if I could REID has been working hard to move crews the added confidence that their gov- stand before you and assure you that I things along. We have reached agree- ernment had provided all possible resources believe the skies are safe, I would not ment on modifying our amendment, needed to defend against a terrorist hijack- be here supporting this bill, but I can- making sure that the pilot training is ing. not tell you that, sadly. I join with my strengthened. I think we have done The scrutiny and training our members un- dergo during their preparation for a career chairman. He has been a leader in safe- that with the help of Senator FEIN- as professional airline pilots, we believe, pro- ty, and we well know what has hap- STEIN. I am very pleased that she was vides a ready-made pool of individuals who pened. over here earlier to assist us with this would be well-equipped to participate in such Just yesterday we learned that re- amendment. I think she would be a voluntary program: highly educated, phys- porters from a New York newspaper pleased with what we have done. ically and mentally fit men and women who went through screening processes in 11 Basically, it is the amendment that are conditioned to react calmly and delib- airports with box cutters, razor blades, Senator SMITH wrote in the form of a erately in a crisis. knives, and pepper spray. What hap- In this period of attempting to find money bill, and I was very glad to come on pened? Each and every one got past se- board after we wrote a few more bits for security initiatives that will have the most immediate and direct impact on pre- curity at those 11 airports, even air- and pieces about putting video cameras venting another terrorist attack, we believe ports from which planes involved in the in the cockpits, and some other small that this legislation provides the most prac- disaster of 9/11 originated. items. tical program for cockpit defense. On July 1, we found out that the I thank my colleague from New Thank you again for all your efforts on TSA, the Transportation Security Ad- Hampshire for his vision and tenacity this important issue of safety and security. ministration, itself conducted a ran- in making sure that what happened on Sincerely, dom test, and they found that in many September 11 will not happen again. DUANE E. WOERTH, President. airports there was a 40-percent failure Now we say, is there any one thing rate of finding the contraband, finding we can do can to ensure this will never Mrs. BOXER. Mr. President, I think the weapons. Sadly for me, two of happen? Of course not. Life is too com- this letter from the pilots comes from those airports that did the worst were plicated for that. As someone who has the heart. When we think back to that in my State, Sacramento and Los An- been a leader in the effort for sensible terrible day, we know exactly what geles. gun control laws, what we are doing in happened. The flight attendants were Add to this we do not have enough this amendment is very carefully trained never to interfere if someone air marshals. I cannot say how many thought out. It is backed by the Air wanted to hijack a plane. The pilots we have. That is a classified item. But Line Pilots Association International, were trained to go along. Do you know, the American people need to know that and it is backed by the flight attend- according to the flight attendants that we wrote the bill, and with the help of ants. Senator SMITH and Senator BURNS and my chairman and his ranking member, I ask unanimous consent that a let- I met with today, they haven’t had one we wrote the part of the bill that deals ter I just received from the Air Line bit of new training since 9/11, almost a with putting air marshals on all the Pilots Association be printed in the year ago? high-risk flights, the long-haul flights. RECORD. They are desperate for this legisla- I am here to say today unequivocally There being no objection, the mate- tion, which includes very important that we are way behind. rial was ordered to be printed in the training for the flight attendants, to be On some of the airlines—very few— RECORD, as follows: repeated every 6 months at no new they have not strengthened the doors. AIR LINE PILOTS ASSOCIATION, costs. As one flight attendant said, ‘‘I Guess what, Mr. President. As my INTERNATIONAL, don’t need more training in how to chairman has repeatedly said, they are Washington, DC, September 5, 2002. make a napkin look better on a tray; I open during the flight. I am on flights Hon. BARBARA BOXER, want to know how to defend myself in constantly, all across the country and U.S. Senate, Washington, DC. the cabin.’’ in between, and I see the pilot come DEAR SENATOR BOXER: On behalf of the In this bill, no one is authorized to out of that door. Guess what they do. 67,000 members of the Air Line Pilots Asso- carry a gun. It doesn’t do that. All it Sometimes they have a cart in front of ciation, International, I want to offer our says is that if a pilot feels that he or the door to protect against the cockpit September 5, 2002 CONGRESSIONAL RECORD — SENATE S8267 being taken over—a cart as a defense. and I are going to have a victory today. alternatives. A plane destroyed by a Sometimes they will just have one or I certainly hope we will. missile fired from a U.S. fighter plane two flight attendants. Sometimes they Mr. President, I yield the floor. or that crashes into a ground target is will not even do anything; they just The PRESIDING OFFICER. The Sen- simply not an acceptable outcome ask the passengers to stay away from ator from Wyoming. when there is a chance of preventing it the door. Mr. THOMAS. Mr. President, Senator by allowing federally commissioned, To sum up, failure is what happens at SMITH had to leave the floor for a mo- trained, screened, and volunteer pilots those screening points. The same weap- ment, so if I may speak. the means of mounting a last-ditch ef- ons that caused the tragedy of 9/11 are The PRESIDING OFFICER. The Sen- fort against terrorists and hijackers. getting through. We do not have ator is recognized. I certainly hope we can support this enough air marshals. The flight attend- Mr. THOMAS. Mr. President, I be- important amendment and make our ants have not had one bit of new train- lieve this is an important amendment, skies even safer for Americans to trav- ing on what to do. The pilots want to one I find great support for in the el. I urge my friends to vote yes on the have something at their disposal to country. I believe it makes sense to Smith amendment. save the aircraft. And on top of that, arm qualified airline pilots, to add an- I yield the floor. the U.S. military has issued orders to other layer of protection to our exist- The PRESIDING OFFICER. The Sen- shoot down a commercial aircraft that ing aviation security system. That is ator from California. is under the control of hijackers. Imag- what we are seeking to do. Mrs. BOXER. While we are awaiting ine that. Imagine if that happened and We have had increased security, of the arrival of Senator SMITH, I thought we knew we had not taken action at course—increased screening require- I would give some more details about least to give our pilots a chance. ments, fortified cockpit doors, in- the bill. When I cosponsored this bill, people creased numbers of sky marshals— I see Senator SMITH is in the Cham- were really surprised because they since September 11. We must continue ber, so at this point I am very happy he said: BARBARA BOXER is a leading advo- to do more and do all that we can. has come back. I know he had to at- cate of gun control laws and making I recently wrote an op-ed in the Den- tend a quick meeting. I say to Senator sure guns stay out of the hands of ver Post, as well as in a Wyoming SMITH, if we can get a vote this after- criminals; she is strong; she is on the paper, that indicated some 80 percent noon, it will be good for us. floor. This is not about guns in the of American people, according to the I yield the floor. hands of criminals. This is about a polling, support this idea. This amend- The PRESIDING OFFICER. The Sen- trained pilot who volunteers, most of ment mirrors the legislation intro- ator from New Hampshire. whom have training in the military, duced in both Houses of Congress and Mr. SMITH of New Hampshire. While and they will have rigorous training now passed by an overwhelming major- the Senator from California is still in under this bill. ity in the House to allow, but not re- the Chamber, let me thank her in a big I do not know how we can, in the quire, carefully screened, properly way for the wonderful cooperation she name of the victims of 9/11, not pass trained and equipped airline pilots to has given us as we have worked to- this bill today. I trust that we will do be commissioned as Federal law en- gether to bring this amendment to the it. forcement officers and to carry fire- floor, but also, more importantly, to Today, one of the flight attendants I arms on the flight deck for defense. bring the flight attendants and the pi- met is the mother of Mark Bingham, The U.S. Department of Transpor- lots together in this effort and to have who was one of the passengers on flight tation, which has had a change of posi- legislation that is going to help them 93 who fought so hard against the hi- tion, proposed a limited arms pilot pro- as we get through this terrible ordeal. jackers. gram, but the Smith amendment would This has been a long, arduous effort God knows what they saw before they be even stronger. The Smith amend- since 9/11. I know the Senator has went into that cockpit. God knows ment would prevent airlines from opt- worked with various groups, as I have. what was done to the flight attendants ing out of the program to avoid a situa- Right after 9/11 we started to meet who were told in their training to do tion where misguided liability con- with pilots and flight attendants to nothing. God knows what they did to cerns block pilots from volunteering. hear from them as to what it was they the pilots. God knows. Believe me, this The Smith amendment would prevent believed they needed. wonderful woman talked today, and airlines from discriminating against It became very clear, as the Senator she could only speculate what it was pilots who choose to participate. from California has said, that the like for her son and the others. When The Smith amendment would provide flight attendants were not properly the son called, he would not go into liability protection both for the air- trained and believed they needed that any detail because, she said, he wanted lines and for lawful actions of armed training. They were the first to die, we to spare her that. pilots preventing a terrorism tragedy believe, in those aircraft. Not only Today we have a chance. This is the turning into a feeding frenzy for the that, the pilots themselves had abso- homeland security bill. What better trial bar. lutely no defense against these ter- way than to make a statement today Unfortunately, opponents of arming rorist attacks. that we are going to do everything in the pilots have fostered misplaced fears In listening to the families, the flight our power to ensure that at least the of the issue. Here are some of the facts. attendants, and the pilots, we were flight attendants are trained in self-de- Pilots would use firearms only in the able to piece together, work through, fense, that the pilots have the tools defense of aircraft after hijackers and develop legislation which I hope they need, including a video camera, breached the cockpit door. No man- the Senate will pass this afternoon. the training they need, wireless com- made door is impenetrable to deter- This amendment will train and arm munications with the aircraft. If we do mined attackers, of course. commercial pilots with a firearm to de- this, we will be doing a very good thing According to the May 2 House sub- fend the cockpit of our Nation’s com- for the people of this country, for the committee testimony from Boeing’s di- mercial aircraft from acts of terrorism. traveling public of this country. rector of aviation safety, commercial It also provides for increased training I would like, at this time, to give an planes are extremely unlikely to suffer for flight attendants and communica- opportunity to Senator SMITH to speak. catastrophic failure due to firearms on tions devices for pilots and flight at- I see he is away from the floor. I am board. Aircraft are designed with suffi- tendants to have the latest commu- going to yield the floor and say about cient strength, redundancy, and dam- nications and video monitoring de- Senator SMITH’s effort that he has real- age resistance that even single or mul- vices. ly been the hero of this bill. He has tiple handgun bullets would not create It is a terrible comment on our times worked hard with me to modify it in holes that would result in the loss of that this kind of effort has to be put such a way so that I am proud to be on the aircraft. forth, but that is the world we live in, it. He has kept the coalition together. Even the worst possible mishap that where people who are determined to He has worked across the aisle and could be brought about by an armed kill us have no qualms about killing within his own party, and I think he pilot is certainly not comparable to the themselves. What happens, as we all S8268 CONGRESSIONAL RECORD — SENATE September 5, 2002 know, is that these aircraft become Ellen, ‘‘Do you think your husband Mrs. BOXER. Will the Senator yield? weapons of mass destruction. They be- would have survived this incident if he Mr. SMITH of New Hampshire. I come bombs, in essence. had had a gun in the cockpit or a yield. As the Senator from California said, trained crew?’’ And she said, ‘‘I do not Mrs. BOXER. Senator SMITH has been the option of not having guns in the know how it could have been any worse eloquent and his leadership has been cockpits or trained crews is having than what happened.’’ I certainly con- stalwart. guns in the cockpits or, as a last line of cur with that. I very much worry that some kind of defense, F–16s which will shoot down There are a lot of things we can say. test program is going to be put forward commercial aircraft with Americans on I want to speak from the heart about by the administration, as opposed to board, a terrible scenario to have hap- this. We hear a lot about cost: How what we are doing. I ask my friend if pen, basically making the decision to much is it going to cost to train the he does not agree. We already know take fewer lives to avoid killing more flight attendants? How much is it there are huge failure rates at the people because of what might happen going to cost to train the pilots? How screening points. TSA said in some air- on the ground. It is a terrible scenario do you even estimate the cost of ports it was 40 percent; in some it was we do not want to see happen. human life that happened in New York 30 percent; and in some it was 20 per- I am not sure we can guarantee 100 or at the Pentagon? We cannot put a cent. percent it will never happen, but we cost on that. That means when the New York can cut the odds with this legislation. This is an emotional time for all of Daily News sent out reporters, and That is why I am so excited about its us. We are on the eve of the anniver- they came back after Labor Day and passage. Hopefully, when it goes to sary of 9/11, and what a great tribute it said they snuck on box cutters, pepper conference with the House—the House would be to pass this legislation now so spray, knives, razor blades, all without bill is very similar but not quite where we can try to see it does not happen detection, we already know, God for- we need it to be—we can conference again. The cost is not that bad, frank- bid, we could theoretically and prac- ly. If an air marshal had to be put on this and the President will sign it. tically have another incident. I was astonished to hear the flight every single flight in America—I do not Since we already know about that attendants this morning in the press know what it is, 30,000 flights a day or failure rate, and since we already know conference. They were very emotional whatever it is—the costs would be pro- the military will shoot down commer- and very articulate, I might add, in hibitive. So this way, the pilots are cial aircraft they decide is under con- talking about the training they did not armed and the flight attendants are trol of hijackers, and since we know trained. The odds are dramatically re- have, and they have not had any addi- that the doors are not yet secure, and duced. tional training since the 9/11 incident. I that in many cases they are open and Down the road perhaps, with better the pilots come out or the flight at- believe we have to give our Nation’s pi- reinforced cockpits, maybe things will tendants go in and they are guarded by lots and flight attendants a fighting improve. Right now, we need this legis- a cart, don’t we have enough informa- chance against these terrorists before lation, and we need it badly. I hope the our Government has to resort to shoot- Senate will pass it this afternoon and tion to move forward with this bill ing down an airplane and by all odds that it will go to the President’s desk right now with this amendment? Mr. SMITH of New Hampshire. I ab- keeping the terrorists from getting very shortly. into that cockpit. The cabin would be One other thing I want to mention, solutely agree with the Senator. We do; the first place the terrorists would be. because it has been talked about: I we have more than enough informa- At least with trained flight attendants, have not heard anything official, but tion. I certainly do not think it is they can perhaps incapacitate the per- there has been some rumor there may worth having a test program to wait son or at least slow the person down. If be an effort to go with a test program, and hope that something else does not that person gets to the cockpit with a or a pilot program—no pun intended— happen again. We need to cut the odds lethal weapon, a properly trained pilot where guns would be put in the cockpit dramatically. I don’t know if it can be will stop that person before that person on 2 or 3 percent of the planes, maybe 100 percent, but we certainly can cut gets into the cockpit and causes the train the flight attendants, maybe not. the odds dramatically. We need to re- plane to lose control. We need those flight attendants store the confidence of the American We have met some wonderful people. trained. This is not where we need to people to fly again. I was taken aback this morning in the be. This is not going to get the job The stories just related are incred- meeting with Alice Hogan. She is the done. ible—.357 magnums getting on aircraft. mother of Mark Bingaman who lost his If someone is a passenger on an air- Another thing which has not been fo- life on flight 93, one of the many heroes plane, they might want to know wheth- cused on, terrorists do not necessarily on that aircraft. It is very emotional to er this is one of the 2 or 3 percent have to have something we can deter- see these people coming to Washington where the pilots are armed. I know I mine as a weapon; they have bare and talking with us and asking us to would want to ask. Ninety-seven per- hands. They have been trained to mur- help. They should not have to ask, but cent of the planes are not going to have der. They have gone through the Bin they are here, they are articulate, and these so-called test provisions. Laden terrorist camps. They are ex- they are emotional. They want help. I am thinking, what are we testing perts in martial arts. They can kill They deserve help. We do not want any for? It is not a good idea. The House with their hands. Some small weapon more flight 93s or flight 175s. started out with this, and they left it a could be helpful to a terrorist, but they A few weeks ago, I met Ellen long time ago and moved our way on could kill with their bare hands. Saracini whose husband Vic was the the legislation. What is so ludicrous They have to be stopped. The best pilot of the aircraft that went into about this is, let’s say we implement a way, of course, is to keep them off the Tower 2. Ironically, she told us, she test program for 5 years. Three percent planes. In the event they get on the had had a conversation with her hus- of the aircraft have trained pilots and plane, this is the last line of deterrence band not too long before September 11 are carrying arms, and nothing hap- and defense. I am hopeful the Senate in which he indicated to her he wished pens for 5 years—and we would hope it will realize this. I know it has been a they had better security on the air- would not—what does that mean? We long process. The House has had hear- craft, better training for flight attend- are going to wait until something hap- ings. They marked a bill, 310 to 113, on ants, maybe guns in the cockpit, some pens with the other 97 percent? And July 10. Today we are considering es- lethal way to stop a potential terrorist; when something happens, we will in- sentially similar legislation—not ex- that they did not feel comfortable with crease it to 15 or 20 percent? It is illogi- actly the same. this philosophy of being a pacifist when cal. We need this bill to pass now. The Allied Pilots Association, the it happens, do not make any waves and Armed pilots. The pilots want it. The Airline Pilots’ Security Alliance, Air- everything will be fine; the terrorist flight attendants want it. The Amer- line Pilots Association, Coalition of will land the aircraft somewhere. ican people want it. I hope the major- Airline Pilots Association, Southwest That world is gone. We are not there ity of the Senate wants it, as the ma- Airlines Pilots Association, Associa- anymore. I remember a reporter asking jority of the House. tion of Flight Attendants: all of these September 5, 2002 CONGRESSIONAL RECORD — SENATE S8269 groups have not only supported this President, Southwest rorist somehow managed to gain access to amendment but have worked very hard Airlines Pilots’ Asso- the cockpit would the pilot use the weapon. and talked to Members of Congress in a ciation. Could even a stray shot be worse than a com- very informative, instructive, positive CAPTIN JOHN E. DARRAH, mandeered plane on a terrorist mission? President, Allied Pilots I am, like all reasonable people, in favor of way, pleading with Congress to help Association. the tightest restrictions on guns. I fear the them defend the people on those air- CAPTAIN BOB MILLER, things, since they are easily concealed and craft and the people on the ground. President, Coalition of lethal. The more there are, the more chances I have several items to print, includ- Airline Pilots Asso- they will fall into the wrong hands. That is ing one from the pilots to President ciations. precisely what I feared the night I was bur- Bush, an editorial by Richard Cohen, [From the Washington Post, June 4, 2002] glarized—not that the burglar had a knife (I had scissors), but a gun. and an editorial by George Will, and I GUNS ... ask unanimous consent these docu- But even in my most anti-NRA moods, I (By Richard Cohen) want the cops to be armed, since, among ments be printed in the RECORD. Careful readers of this column will remem- other things, just be being so, they deter APRIL 3, 2002. ber when, some years back, I was burglar- crime. Armed pilots would also be a deter- Hon. GEORGE W. BUSH, ized. It was the middle of the night, some- rent. A terrorist would not be dealing with The White House, time around 3 a.m., when I heard a noise— the chance that an air marshal is aboard but Washington, DC. the back door being forced open. I awoke the certainty that, in the cockpit, it is gun DEAR MR. PRESIDENT: As representatives of with a start, tried to quiet my thumping and a person—cool enough to be an airline the largest airline pilot organizations in this heart, rushed to the head of the stairs and pilot—who is cool enough to use it. Just one country, we would like your assistance in heard someone running around the floor night in my life, I wanted a gun. On just one the immediate development and implemen- below. At that moment, what I wanted more flight, a pilot might feel the same way. tation of a program to defend the American than anything in the world was a gun. traveling public with voluntarily armed pi- What I wanted at that moment—and only [From the Washington Post, June 6, 2002] lots. that moment, I hasten to add—was denied ARMED (AND TRUSTED) Public opinion polls and those within our last month to airline pilots who just might own pilot groups indicate overwhelming sup- have to deal with a terrorist somehow get- (By George F. Will) port for arming flight deck crewmembers ting into the cockpit. That this decision was The next perpetrators of terrorism in with lethal weapons. Nothing short of lethal made by the pro-gun Bush administration America probably are already here, perhaps force can stop lethal intent to hijack and de- only deepens the mystery. If I were a pilot, planning more hijackings. Post Sept. 11 air- stroy our aircraft and murder all on board. I would want a gun in the cockpit. And in port security measures may have made hi- Yet the volunteer pilot arming provisions of every survey, most pilots say they do. jackings slightly more difficult, but the fact the Aviation and Transportation Security The gun I would want would not be carried that these are America’s most visible anti- Act of 2001 that you signed into law on No- on my person. It would not be on me when I terrorist measures vastly increases the ter- vember 19, 2001, are being ignored. went to the bathroom or left the cockpit for rorists’ payoff in proving the measures in- To remedy this situation, we ask for your any reason. It would be in a secure location, capable of keeping terrorists off airplanes. assistance in implementing a flight deck accessible only to someone who knew a code, Recently this column presented, without protection program that has the following and while it might be loaded with bullets endorsement, the views of three commercial characteristics: All volunteer pilots must be that could stop a man but not penetrate the airline pilots who oppose guns in cockpits. carefully screened, successfully trained and fuselage, even conventional ammo does not Today’s column presents, and endorses, the subsequently designated by a federal law en- present an unacceptable risk. Planes don’t views of three other commercial airline pi- forcement agency such as the FBI or TSA; deflate like balloons from one or two bullet lots—two trained as fighter pilots, one civil- pilots so selected, screened and trained holes. And, anyway, air marshals and other ian-trained—who refute the other pilots’ should be deputized or have the same indem- law enforcement officers already fly not only principal contentions, which were: nification and protections afforded other law armed but with conventional ammo. Proper policy regarding suicidal, hijackers enforcement officers in the employ of the This gun would be used only as a last re- is to land as quickly as possible, which can U.S. government; pilots must be certificated sort to stop a terrorist from gaining control be as quick as 10 minutes. So priority should in weapons handling, use of lethal force, car- of the plane. It’s probably not too much to be given to making cockpits impenetrable. riage policy and procedure, rules of engage- say that if pilots had had weapons on Sept. Armed pilots might be tempted to imprudent ment in all environments, recurrent train- 11, the attacks might have been averted. A bravery—particularly ‘‘renegade’’ pilots with ing, tort law, and other subjects deemed nec- man with a box cutter is no match for a man fighter-pilot mentalities, who would leave essary by the governing authority; choice of with a gun. the cockpit to battle terrorists in the main weapons and ammunition will be mandated The union that represents the pilots, the cabin. And arming pilots serves the pilots’ by the responsible federal agency; and cer- 62,000-member Air Line Pilots Association, union objective of requiring a third pilot in tified pilots will draw their weapons only for favors having a weapon in the cockpit. Not each cockpit. use in direct defense of the flight deck in ac- all pilots agree, of course. Some of them feel The three pilots who favor allowing pilots cordance with program ‘‘use of force’’ rules. that arming pilots would distract from the to choose whether to carry guns respond: If the unthinkable happens again, there real job at hand—making the cockpit as se- Passengers already entrust their lives to must be a means provided for our flight cure as possible as quickly as possible. This pilot’s judgments. Landing a hijacked plan is crews to defeat any hijacker who breaches includes, among other things, bulletproof indeed the first priority, but pilots need to the flight deck with a weapon and attempts cockpit doors that can’t be broken down. It be alive to do that. A cockpit impenetrably to destroy the aircraft. Otherwise, a U.S. also includes beefing up the air marshal pro- sealed from terrorists is an impossibility, in fighter may be ordered to shoot down a com- gram. After all, El Al Israel’s national air- part because planes cannot be landed as mercial airliner full of innocent passengers. line, does not arm its pilots and has not had quickly as the other three pilots say. An ig- America’s pilots must have lethal weapons a hijacking since 1968. It uses sky marshals. noble fear—of lawyers, of liability—explains as a last line of defense against well-coordi- But El Al has only 34 airplanes. The United why the airlines oppose arming pilots. But nated, highly trained teams of terrorists. States has more 20,000 flights a day. It will legislation could immunize airlines from li- Each of our pilot groups has independently be a long time, if ever, before there’s a sky ability resulting from harms suffered by pas- assessed and recommended the best way to marshal on every flight. That cannot, of sengers as a result of pilots’ resisting terror- implement a plan to arm our flight crews. course, be said for pilots. Every flight has at ists. Each has drawn similar conclusions closely least one. Landing a plane from 30,000 feet requires at paralleling a proposed training program de- Back in 1995, when he was governor of least 20 minutes, never just 10. A training veloped by the FBI at the request of the De- Texas, George W. Bush signed a bill giving flight, simulating a fire emergency on a partment of Justice. We have forwarded our Texans the right to carry a concealed weap- flight just 4,000 feet up and 15 miles from specific recommendations through the com- on. The bill insisted only that the gun-toters Philadelphia’s airport, takes about 12 min- ment process requested by the Federal Avia- be at least 21, pass a criminal background utes to land when done perfectly. Trans- tion Administration, and stand ready to im- check and have no history of mental illness. atlantic flights can be three hours from a mediately assist your administration in the I can only hope that pilots already meet suitable airport. Such airports are not abun- establishment of such a program. those criteria. dant west of Iowa. Which means on most Sincerely, If that’s the case, then why is it somehow flights, terrorists would have time to pene- CAPTAIN DUANE WOERTH, logical to allow every Tom, Dick and Harry trate the cockpit. President, Air Line Pi- to pack some heat but to forbid that same Bulletproof doors are not the answer: the lots Association. right to airline pilots, who, I may point out, Sept. 11 terrorists had no bullets. Well CAPTAIN TRACY PRICE, often are ex-military people? Regardless, trained terrorists can blow even a much-re- President, Airline Pilot they would all be trained in the use of the inforced cockpit door off its hinges using a Security Alliance. gun, and their first duty, always, would be to thin thread of malleable explosive that can CAPTAIN JON WEAKS, fly the plane—no matter what. Only if a ter- pass undetected through passenger screening S8270 CONGRESSIONAL RECORD — SENATE September 5, 2002 procedures when carried on a person rather United States military to shoot down TSA approves; (2) the air carrier ap- than in luggage. Here is what else can be un- that commercial aircraft. proves; (3) the firearm is approved; and, detected by security screeners busy confis- I firmly believe that we should give (4) the pilot has received proper train- cating, grandmothers’ knitting needles: our Nation’s pilots & flight attendants The knife with the six-inch serrated blade ing. that a passenger found, in a post-Sept. 11 a fighting chance against terrorists be- This law was passed as a result of my flight, secreted under her seat. Two semi- fore our Government resorts to shoot- amendment in the Senate and a provi- automatic pistols that recently passed unno- ing commercial aircraft out of the sky. sion passed by the House. I was un- ticed through metal detectors and were dis- I am proud to have joined a bipar- happy with the language, but I had the covered only when the owner’s bags were se- tisan coalition including Senator ZELL hope that the Department of Transpor- lected for a random search at the gate. A MILLER, Senator CONRAD BURNS, Sen- tation would give adequate consider- mostly plastic 22-caliber gun that looks like ator FRANK MURKOWSKI, and Senator ation to the issue of armed pilots. a cell phone. An entirely plastic and razor- BARBARA BOXER in introducing our bill, The FAA published a request for sharp knife. A ‘‘bloodsucker’’—it looks like a fountain pen but has a cylindrical blade that S. 2554, the ‘‘Arming Pilots Against comments on whether pilots should be can inflict a neck wound that will not stop Terrorism and Cabin Defense Act of allowed to be armed on December 31, bleeding. 2002.’’ 2001. By March 15, 2002, the FAA had re- The idea that arming pilots is a means of On July 21, 2001, the FAA limited the ceived over 7,500 comments and accord- justifying a third pilot is derisory: Re- carriage of weapons of aircraft to cer- ing to the FAA’s analysis, more than engineering cockpits for that would be im- tain law enforcement officers. 96% of the comments favored armed pi- possibly complex. Equally implausible is the September 11, 2001—the worst ter- lots. As a result of the open comment idea that a Taser (electric stun gun) is a sat- rorist attack in U.S. History. That at- period, the TSA decided to agree with isfactory aid when locked in a plane, seven miles up, with a team of trained terrorists. tack could have been prevented if pi- the 4% of respondents who disapproved A pilot’s gun would never leave the cockpit lots were armed. of armed pilots and ignored the com- because the pilot never would. And shooting I was convinced of this fact by a won- ments of 96% of respondents. a terrorist standing in the cockpit door derful and brave woman—Ellen This is a critical point in the debate frame would not require a sniper’s skill. The Saracini of Pennsylvania. today. Today, the Transportation Se- powerful pressurization controls, as well as Over one month ago, I spoke at a curity Administration is authorized to the location and redundancy of aircraft elec- press conference with Ellen Saracini. start training pilots in the proper use tronic, hydraulic and other systems, vastly Ellen is the wife of the late Captain of a firearm to defend the cockpit. One reduce the probability that even multiple wayward gun shots—even of bullets that are Vic Saracini. pilot said that the current inaction on not frangible—would cripple an aircraft. Captain Victor Saracini was the pilot the part of TSA and the Department of About fear of ‘‘fighter pilot mentality’’: of United Flight 175 on its way from Transportation is a criminal act of The military assiduously schools and screens Boston to Los Angeles when it was negligence. Maybe this inaction is a pilot candidates to eliminate unstable or un- commandeered on September 11 and political act of negligence that needs disciplined candidates. Airlines, too, admin- crashed into the World Trade Center to be addressed by the Senate today. ister severe selection procedures for pilots, Tower 2. On May 21, 2002, the former Under who are constantly scrutinized. Captains Vic supported armed pilots before have two physical examinations a year (first Secretary for Transportation Security, officers, one) with psychological compo- September 11th and Ellen has contin- John Magaw, testified that he would nents. Everything said in the cockpit is re- ued that support. not approve the arming of commercial corded. Our nation has suffered a great loss pilots. Besides, many passengers fly armed—coun- with the loss of the pilots, flight at- The House passed a strong armed pi- ty sheriffs, FBI and Secret Service agents, tendants and thousands of victims of lots bill by an overwhelming margin— postal inspectors, foreign body-guards of for- September 11th. today the Senate finally considers an eign dignitaries. Why, then, must the people I never ever want to see an event like amendment to train and arm pilots. on whom all passengers’ lives depend—pi- September 11th happen again and I The bottom line is that armed pilots lots—be unarmed? Especially considering that the prudent law enforcement doctrine is firmly believe that armed pilots will be are the first line of deterrence and last that lethal force is warranted when menaced an effective tool to prevent any future line of defense to terrorism. by more than one trained and armed oppo- contemplated acts of terrorism. First line of deterrence, because ter- nent. What we learned from September rorists will never target American To thicken the layers of deterrence and se- 11th is that a military jet shooting commercial aircraft again, if terrorists curity, in the air as well as on the ground, down a commercial aircraft is not only know that an armed pilot will end an Congress should promptly enact legislation possible, it is now commonly consid- attempted hijacking with deadly force. to empower pilots to choose to carry guns. ered as a part of airline security. Last line of defense, because an Time flies. So do hijackers. And the next ones probably are already among us. We also recently learned that the armed pilot is the last line of defense military contemplated ramming com- before an F–16 or other military air- Mr. SMITH of New Hampshire. Mr. mercial jets with military aircraft if craft shoots down a hijacked aircraft President, I reiterate: they were hijacked weapons of mass de- full of innocent civilians. It really is This amendment trains and arms struction. On September 11th, I under- that simple. commercial pilots with a firearm to de- stand that the shooting down of com- Nonlethal weapons are a great sup- fend the cockpit of our Nation’s com- mercial aircraft may have been nec- plement to a firearm—but it is not an mercial aircraft from acts of terrorism. essary at the time. Today, there is no alternative. The amendment also provides for in- excuse not to arm pilots before we Our nation’s air marshals are armed creased training for flight attendants allow our military to shoot down com- with a firearm. Maybe they should also and communications devices for pilots mercial aircraft. be given a stun gun or a tazer, but no- and flight attendants to have the latest At the time it was the right decision, body in this chamber would argue that communications and video monitoring because the despicable acts of Sep- our nation’s air marshals should only devices. tember 11th were unthinkable—not have a stun gun. Tazers and stun guns Today, there are no defensive capa- anymore. are good to disable one or two terror- bilities our Nation’s pilots. No fire- Since September 11th, there have ists, but a firearm is the best alter- arms. been some advancements in commer- native to defend against a September Only Federal air marshals, on a very cial airline security, yet, the most 11th style attack. small percentage of commercial common sense legislation to train and The pilots and the flight attendants flights, are armed to defend against arm commercial airline pilots, has yet want safer travel. My understanding is terrorism. to be implemented. that the Department of Transportation When all else has failed to defend a The Aviation and Transportation Se- initially opposed arming pilots because commercial aircraft, the only option curity Act was approved and signed of liability issues. Our amendment for the defense of the public from the into law. This act authorizes air car- grants the airlines a limited liability use of a commercial aircraft as an in- rier pilots to carry a firearm in the shield to protect from aggressive trial strument of mass terror is for the cockpit if: (1) the Undersecretary for lawyers. Our amendment will ensure September 5, 2002 CONGRESSIONAL RECORD — SENATE S8271 that the pilots and airlines are not held Pilots—the Congress would pass this shire is right. Pilots do work hard. I liable for actions taken to protect the amendment by Unanimous Consent have commented to that effect on lives of the crew and passengers from right now. other occasions, and on other meas- terrorist attack. The House of Representatives con- ures. Our problem is, looking at the A commercial aircraft is not going to ducted hearings, marked up and passed Senate floor, we have two Senators, crash as a result of the discharge of a an armed pilots bill by a margin of 310– maybe three at the most. What really firearm on a commercial aircraft. On 113 on July 10th. occurs is that we are addressing a May 2, 2002, Ron Hinderberger of the Today, the Senate is considering a ‘‘fixed’’ jury. Boeing Company testified before the similar armed pilots amendment and it In other words, 35 years ago when I House Committee on Transportation. is my hope and prayer that this amend- came to the Senate, we did not have Hinderberger said: ‘‘The risk of loss of ment is passed by the anniversary of the luxury of television. So if you an aircraft due to a stray round from a September 11th. One year is long wanted to know what was going on, hand gun is very slight.’’ enough for the American people to wait you had to come over on the floor. In- The cost of this program is not going for this common sense and reasonable variably, there were always 20 to 30 Re- to be too much to bear. The cost that amendment to arm pilots and train publican Senators in their cloakroom, I never want this nation to pay again— flight attendants. and 20 to 30 Democrats in their cloak- is another September 11 style attack Also, I want to thank the Allied Pi- room. If an issue was raised, you could on the United States of America. I am lots Association, the Airline Pilots’ Se- make a point and come right out on willing to work with the good members curity Alliance, the Air Lines Pilots the floor. Or if you agreed with a par- of the Senate to keep the cost of this Association, the Coalition of Airline ticular Senator, you could thank him program to a minimum. My office has Pilots Associations, the Southwest Air- for his observation. In a sense, we consulted some private training facili- lines Pilots’ Association and the Asso- would learn from each other. ties including Gunsight in Arizona and ciation of Flight Attendants for the We now have the TV everywhere. In- Blackwater Lodge in North Carolina. leadership and hard work these groups cidentally, if you are watching it in Both have assured my office that the have completed to help the Congress your office and you find you want to cost would be minimal. Gunsight draft and pass an armed pilots and raise a point, you come to the floor quotes the cost at about $2000 per pilot trained flight attendant’s bill. quickly; then you find out someone for initial training and about $700 per Yesterday, we learned that many dif- else has been waiting an hour, another pilot for recurrent training. ferent reporters investigating airport Senator has been waiting a half hour, The amendment contains findings security were able to smuggle small so your opportunity is totally missed. that we inserted at the request of Sen- knives and pepper spray through the But the real point is, we do not listen ator BARBARA BOXER that a Federal air checkpoints of 11 airports over Labor to each other. marshall should be on all high risk Day weekend. The pilots have worked—he is dead flights. These airports included Newark right, they have worked this bill. And The amendment creates a Federal International, Logan Airport in Bos- to my surprise, it has come up this Flight Deck Officer Program to train afternoon. and arm pilots. ton, Dulles Airport, O’Hare, LaGuardia I have tried my very best to improve Ninety days after the bill is passed and Kennedy, among others. airline security since the terrorist at- the Undersecretary for Transportation These are our largest and busiest air- shall establish a program to deputize ports, where security should be the tacks. As the chairman of the Com- qualified pilots who volunteer for the tightest. merce Committee, I got the best pos- armed pilots program. Anbd this report is certainly not the sible witnesses together, and we imme- The bill grants pilots the authority only instance where weapons have diately passed out of the committee a to use force and provides a liability passed through security without detec- bipartisan, unanimous airline security protection for pilots acting in scope of tion. measure. We passed it out of the Sen- their duties as Federal Flight Deck Of- But we have to assume that occasion- ate 100 to 0. ficers. ally mistakes happen, even at our big- While we had the view in the Senate The amendment establishes the Avia- gest and busiest airports. that airline security should be within tion Crewmember Self-Defense Divi- Some sort of weapon could be smug- the Justice Department in order to sion within the TSA to train flight at- gled aboard an airplane. compromise and get things done, we tendants to prepare them for terrorist All it took on September 11th was a went along with the House and kept it and criminal threats. few box-cutter knives. in the Transportation Department Another provisions states that the This recent example of screening in- which proved to be, of course, a mis- air carriers shall provide flight and security is just another reason why air- take in that we wasted now 6 or 7 cabin crew with a discreet, hands free line pilots need to be armed. months in confirming the man who wireless method of communicating. Because they will provide the first took over, but was replaced in the par- The purpose of this device is to provide line of deterrence and the last line of ticular role as head of transportation a method for the pilot to communicate defense. security. Without a much debate and with the flight attendant to under- In other words, if terrorists know without a report we just put his nomi- stand if there is a threat to a commer- that the pilots have firearms, then nation up on the floor and we voted to cial aircraft. they will be less likely to attempt a have him confirmed so he could get off Also, another provision was added at takeover. to a running start. the request of Senator BOXER to pro- But if the unthinkable happens and a In any event, we made a mistake. I vide a real time and cost effective terrorist gets through security with realize we were behind the curve, and video monitoring device for the pilot to some sort of weapon and then tries to we had a some unnecessary require- monitor the activities in the pas- take over a plane, the plan is to start ments with respect to airline security senger’s cabin. This gives a pilot a view descending to land the plane imme- and they were going in the wrong di- of any possible threat to the pilot’s diately, and to use the firearm if the rection in some instances. cockpit without having to open the terrorists try to get into the cockpit. Let me say categorically, I am cockpit door. The terrorists will not be able to get pleased Admiral Loy, the Commandant Today it is an honor to be fighting on into the cockpit with armed pilots. of the Coast Guard—we had the Coast behalf of the pilots, flight attendants, And the lives of passengers and the Guard authorization in our particular commercial airline passengers, and the crew, as well as perhaps thousands of committee, so we worked closely with American people who support the idea Americans on the ground, will be Admiral Loy on Coast Guard and sea- of armed pilots and trained flight at- saved. port security. We had field hearings to- tendants on the floor of the United The PRESIDING OFFICER. The Sen- gether, as well as within the Senate. States Senate. ator from South Carolina. He is very realistic, very attune, an ex- If my state of New Hampshire is any Mr. HOLLINGS. Mr. President, the pert, very professional, very much ex- barometer of the popularity of Armed distinguished Senator from New Hamp- perienced on security. He had not S8272 CONGRESSIONAL RECORD — SENATE September 5, 2002 taken over for very long before the Au- make sense out of this bad mistake AIR TRANSPORT ASSOCIATION gust break. I did not demand that he that is about to be made because there OF AMERICA, INC., respond to questions for his nomina- is one thing you do not want to do, and Washington, DC, September 5, 2002. tion, but I gave him our questions in a that is put weaponry on the plane Hon. ERNEST F. HOLLINGS, itself. In fact, the marshals pointing U.S. Senate, Russell Senate Office Building, 2-page letter and said: Work over Au- Washington, DC. gust and we will have a hearing on this their guns recently on that Delta flight DEAR SENATOR HOLLINGS: With the safety security measure, the guns. going into Philadelphia—wrong. You of our passengers and crewmembers as our I am constantly asked by the press don’t point your gun, and law enforce- number one priority, we are writing to con- about this issue, and we would be de- ment and gun safety dictate that, un- vey our serious concerns regarding S. 2554 lighted to vote on guns in the cockpit, less you intend to use it. Anybody that would permit the use of firearms by pi- we would be delighted to vote in the should know that. lots abroad commercial aircraft. As discus- So even our marshals need better sions continue on the merits of this subject, committee. we stand ready to work with Congress and We had this hearing scheduled. I training already. But be that as it may, for 30 years now they have not the Administration in an effort to reach a talked to Admiral Loy only yesterday. prudent consensus position. It must be He has answered our letter, and he is had a hijacking on El Al Airlines. We noted, however, that while we are spending ready to go next Tuesday. have had a test and we know it. literally billions of dollars to keep dangerous He has been doing just the right kind The trouble is, this has been worked weapons off of aircraft, the idea of inten- of work, getting around and conferring politically. I know how the system tionally introducing thousands of deadly with the airport managers and getting works. I look around and I look for the weapons into the system appears to be dan- measures and speakers who will talk in gerously counter-productive. everybody working together. Not un- In the aftermath of the tragic events of like the former occupant of this desk support of it. I find out that Senators who first were inclined to vote with me September 11, we understand the rational for who greatly impressed me, Senator and listen and understand the problem, providing crewmembers with means to de- Robert Kennedy. He had never been in they have gone. I know the White fend themselves and their aircraft. However, the courtroom, but when he was se- we believe that allowing guns aboard every House position is they should not have lected as the Attorney General of the aircraft is ill-advised. them. It has been announced and re- United States, he was the first Attor- A variety of serious safety, technical and affirmed that they do not want pilots training issues have been raised that require ney General to go around and shake to carry guns in the cockpit. But you answers prior to moving forward with any hands with the 32,000 in the Justice De- don’t see anybody out here defending proposal to even consider the use of firearms partment at that time. President Bush and the policy of this by cockpit crews. To ensure the safety and You have to get your team working administration. security of our customers and employees, we together. Admiral Loy has done that. More to the point, I could talk all have a duty and obligation to ask these But I say it is a fixed jury because the day long, or talk into next week and tough questions and to have a clear under- pilots, as the Senator from New Hamp- standing of the answers. Otherwise, innocent just hold the floor. I hope we can work passengers and crewmembers will be killed shire has pointed out, have been work- out a compromise with respect to keep- ing this issue. We all have many re- or injured through accidental firings of ing the door closed. But let me read a weapons, or worse, there being used against sponsibilities. I just have not had the letter, which is new to me. It was less crews and passengers. opportunity to bring up the facts and than an hour ago when I had an ap- We believe that the public must know what test what we already have. The Sen- pointment with Mr. Leo Mullin, the studies or testing have been conducted to de- ator from California said: ‘‘And since chief executive officer of Delta Airlines termine the effects of an accidental weapon we know this, and since we know down in Atlanta, down in my backyard. discharge in a pressurized aircraft at alti- that,’’ why have any further tests? I Mr. Mullin was there and mentions the tude, or discharge into a sophisticated in- could not agree with the distinguished strument panel? How will the firearm be discussion we had about the economic stowed, maintained and protected from mis- Senator from California any more. We travails of air transport in America. He use between flights, particularly when the do know. How do we know? We know said: aircraft is parked overnight or deployed in from the best of the best. By the way, I want to thank you for your international operations? What is the proc- There is one airline that is under the leadership on this. ess to measure the ability of armed pilots to gun. That is the Israeli airline, El Al. I haven’t led anybody. I can’t find handle a firearm in the close confines of the In fact, they have been so successful in anybody behind me. I am not a leader cockpit? Will the training program disrupt preventing hijacking that they do not unless they let my staff vote. I think the airline’s ability to operate their sched- even have attempted hijackings, as far they would go along with me. But I ules? How often are firearms utilized by trained law enforcement officers lost, mis- as we know. They just go after the haven’t been able to find a Senator to placed, stolen, fired accidentally or used ticket counter itself, as they did in Los go with me, and we have called the against the officer carrying the weapons. Angeles, and shoot it up and kill those White House. The Transportation Security Administra- people there. You can rest for a while. Don’t worry tion has testified that the cost to the gov- But knowing El Al is the most under- about it because I am going to take a ernment for the program is approximately the-gun airline, we had the privilege of little time and give you all some rest. $860 million. In light of programs already talking to a gentleman, the chief pilot I know I am doing the Lord’s work. completed and underway to secure cockpit of El Al, in September of last year. It This letter is dated today. doors, we seriously question the cost effec- Dear Senator Hollings: With the safety of tiveness of a program mandated in S. 2554 was just about a year ago, slightly less that would impose a further burden on than a year. our passengers and crewmembers as our number one priority, we are writing to con- scarce TSA resources. Indeed, with secure He said: ‘‘Senator, what you want to vey our serious concerns regarding S. 2554 cockpit doors now being further upgraded do is get a secure door to the cockpit. that would permit the use of firearms by pi- with even higher protective capabilities, the That is the last line of defense. Not a lots aboard commercial aircraft. As discus- advisability of introducing dangerous and gun—the last line of defense is that se- sions continue on the merits of this subject, unnecessary weapons in the cockpit environ- cure door. And that door is never, ever we stand ready to work with Congress and ment must be carefully considered. the Administration in an effort to reach a Until such time as validated answers to to be opened in flight.’’ Once the door these and other questions are available, we is secure and if there is any disturb- prudent consensus position. It must be noted, however, that while we are spending believe that a decision to deploy firearms ance whatsoever in the cabin, they go literally billions of dollars to keep dangerous aboard commercial aircraft raises a serious immediately to the ground and law en- weapons off of aircraft, the idea of inten- and unnecessary risk for both passengers and forcement meets them there. tionally introducing thousands of deadly crewmembers. Just as we would not intro- The chief pilot of El Al emphasized— weapons into the system appears to be dan- duce an aircraft into service without thor- I will never forget it—he said: ‘‘Sen- gerously counter-productive. ough testing, training of crewmembers and ator, they can be assaulting my wife in Divert right here. I ask unanimous evaluating all safety measures, no one the cabin. I do not open that door.’’ consent the letter in its entirety be should place deadly weapons in the hands of flight crews without a thorough evaluation. And for 30 years they have not had a printed in the RECORD. In view of these concerns, we urge you to hijacking. There being no objection, the letter reject calls for the introduction of thousands We have a test, and that is why I am was ordered to be printed in the of deadly weapons into the cockpits of our on the floor of the Senate trying to RECORD, as follows: aircraft. September 5, 2002 CONGRESSIONAL RECORD — SENATE S8273 Sincerely, State Building, the Sears Building, the I quote from the letter from the Air ATA Board of Directors: Carl D. Coca-Cola Building down there in At- Transport Association: Donaway, Chairman & CEO, Airborne, lanta—wherever they want to run it. In the aftermath of the tragic events of Express; John F. Kelly, Chairman, They can make a mark if they wiped September 11, we understand the rationale Alaska Airlines; Glenn R. Zander, out the Coca-Cola Building in Atlanta, for providing crewmembers with means to President & CEO, Aloha Airlines; W. defend themselves and their aircraft. How- Douglas Parker, Chairman, President I can tell you that. And that is the ever, we believe that allowing guns aboard & CEO, America West Airlines; Donald whole idea. It is not necessarily how every aircraft in the absence of comprehen- J. Carty, Chairman & CEO, American many, but to get it on national news. sive research and testing and without a full Airlines; J. George Mikelsons, Chair- So it is that they commercially evaluation of the potential consequences, is man, President & CEO, American trade. They stay in country for at least ill-advised. Trans Air; Richard H. Shuyler, Chief 2 years. They are disciplined. You A variety of serious safety, technical and Executive Officer, Atlas Air; Gordon never know they are here. They train training issues have been raised that require Bethune, Chairman & CEO, Conti- at the gym every day, they are phys- answers prior to moving forward with any nental Airlines; Leo F. Mullin, Chair- ically fit, and they go on-board planes proposal to allow the use of firearms by man & CEO, Delta Air Lines; Vicki not with pistols but with box cutters, cockpit crews. To ensure the safety and secu- Bretthauer, Acting Chief Executive Of- rity of our customers and employees, we ficer, DHL Airways; Jerry Trimarco, or whatever else they have on them. But they know how to break in any or- have a duty and obligation to ask these Chief Executive Officer, Emery World- tough questions and to have a clear under- wide; Anthony E. Bauckham, Presi- dinary cracked door and take over that plane. So you can’t crack the door. standing of the answers. Otherwise, innocent dent, Evergreen International Airlines; passengers and crewmembers could be killed Frederick W. Smith, Chairman & CEO, They should never be opened in flight— or injured—through accidental firings of FedEx Corporation; John W. Adams, and we would have a 30-year record of weapons or, worse, their being used against Chairman, President & CEO, Hawaiian no hijacks and never have this occur crews and passengers. Airlines; David Neeleman, Chief Execu- again. For example, what studies or testing have tive Officer, JetBlue Airways; Timothy There is one way I know of that I can been conducted to determine the effects of E. Hoeksema, Chairman, President & guarantee the American public the best an accidental weapon discharge in a pressur- CEO, Midwest Express Airlines; Rich- security I can—if anybody can give ized aircraft at altitude, or discharge into a ard H. Anderson, Chief Executive Offi- sophisticated instrument panel? How will cer, Northwest Airlines; Herbert D. that guarantee—is to take the El Al procedure and protocol and follow it to the firearm be stowed, maintained and pro- Kelleher, Chairman, Southwest Air- tected from misuse between flights, particu- lines; Glenn Tilton, Chairman, Presi- the letter T. They have a 30-year track larly when the aircraft is parked overnight dent & CEO, United Airlines; David N. record of success. or deployed in international operations? Siegel, President & CEO, US Airways; I will go ahead and read because they Let me divert. There is a law in a lot Thomas H. Weidemeyer, President, have something about testing. I am not United Parcel Service Airlines worried about cost. I am not worried of these countries that you can’t have Mr. HOLLINGS. I think there are about testing. I am not worried about a weapon. There is not going to be a 101,249 commercial airline pilots with the professionalism in the trade. I am weapon in a cockpit if you land in active pilot certificates. So we could worried about this never, ever hap- downtown Heathrow. We know that. have 100,000 running around here with pening again—no 9/11. You have all kinds of considerations pistols. And, incidentally, possibly get- I am able, if I can get a majority of that come into this. ting pistols on board for the hijackers this body to go along with me and go Let me further read from the letter: because you have to understand that along with the administration, to give What is the process to measure the ability hijacking has changed now. the public that kind of assurance—that of armed pilots to handle a firearm in the You don’t just have an individual they can get on a plane; immediately close confines of the cockpit? Will the train- coming on board because he wants to ing program disrupt the airline’s ability to the plane will take off. You won’t have operate their schedules? fly to Cuba. You don’t have somebody the plane flying around above you, escaping criminal justice because he ‘‘Hey, they are ready to shoot you How often are firearms utilized by wants to get out of the country. We down,’’ because you have secured the trained law enforcement officers? Will know and we have been put on notice, cockpit door and there is not going to they be lost, or misplaced? Will they be they have five-man teams, professional be any need to shoot down a plane. The fired accidentally, or used against the suicidal terrorists. Try that on, Sen- plane itself is not going down because officer carrying the weapon? ator SMITH. Try that on as a pilot. You it was forced. You don’t have to worry I have the figures on that. In some are a big man. I think Senator SMITH about it because it is going by a big years, over 10 percent of law enforce- could take care of two of them. I think building or a nuclear power plant. You ment officers are killed when their own he could take care of two of them and, don’t have to worry about, 30 minutes weapons are used against them. I have with a pistol, maybe take care of three. after takeoff and 30 minutes before all kinds of criminal statistics from But while he has already killed three, landing, keeping your seat, because the FBI. unloading, quick, the pistol, they still you are not going to have to worry I read further: have two more that are going to knock about that kind of activity, and that is The Transportation Security Administra- him down and take over the other a silly rule, if I have ever heard one. It tion has testified that the cost to the gov- pilot. is one that we ought to be able to get ernment for the program is approximately $850 million. You crack that door and you are a rid of. You don’t have to worry about goner. You are not going to stop pro- taking off from Reagan National and I agree with the distinguished Sen- fessional teams of suicidal attackers. I running into the White House. You ator from New Hampshire. I am not don’t care how good a pilot or how don’t have to worry about that because worried about the cost. Some should be much training you have had, it is not as they take off, the door is secure. If worried about costs. As of yesterday at going to happen. That plane is going to they start storming the door, they will 11 o’clock, the deficit was $394 billion, be taken over. land at Dulles with law enforcement to and by the end of the month it will ex- Think about the situation where meet them. That hijacking team knows ceed $400 billion. But you can see what there is some disruption and I have a they are going off to the jail. I have they are doing now. They are trying to pistol and some fellow is coming after given them the guarantee. offload expenditures into the next fis- me and I can defend myself. That is not But if, in turn, you want to support cal year because they are worried the problem. The problem here is to these pistols in the cockpit and if you about the campaign a couple of months prevent, if you please, Senator, an air- are going to guarantee that weaponry from this time in November. And they line in the United States, a commercial is there, we hope they can use it. Get- have come from a $5.6 trillion surplus. airline, from ever being used as a weap- ting it on the plane and keeping it in They already have created a $400 bil- on of mass destruction. You don’t want the cockpit—a secure little safe, or lion deficit. Nobody wants to talk to save people from getting hurt or whatever it is—it is just a bad idea to about it. We asked corporate America whatever else, but you save it, with all arm a plane. for a certificate under oath that we that fuel aboard, from ever being run Let me read further, since the entire have gotten corporate America away into the Chrysler Building, the Empire letter is one of particular interest. from corruption—certified by the CEO. S8274 CONGRESSIONAL RECORD — SENATE September 5, 2002 Get the CEO of the U.S. Government to dent, and CEO of Midwest Express Air- finally have someone in charge of air- certify his figure. No way, Jose. lines; Richard H. Anderson, chief exec- line security. You know it. I think you I will go back. I read that sentence utive officer of Northwest Airlines; like Admiral Loy. I like Admiral Loy. again in this letter. Herbert D. Kelleher, chairman of He is the bipartisan choice of the com- The Transportation Security Administra- Southwest Airlines; Glenn Tilton, mittee. tion has testified that the cost to the gov- chairman, president, and CEO of Mrs. BOXER. Right. ernment for the program is approximately United Airlines; David N. Siegel, presi- Mr. HOLLINGS. So, working with $850 million. In light of programs already dent and CEO of US Airways; Thomas him, we are going to find out his steps, completed and underway to secure cockpit H. Weidemeyer, president of United and when, and get realistic drop-dead doors, we seriously question the cost effec- Parcel Service Airlines. I think—— dates, and so forth, especially air- tiveness of a program mandated in S. 2554 ports—that they can’t be rebuilt—and that would impose a further burden on Mrs. BOXER. Will the Senator yield scarce TSA resources. for a question? get this equipment in and everything Mr. HOLLINGS. For a question, yes, else. Therein I divert to join the Senator ma’am, I am glad to yield. I remember the distinguished Sen- from New Hampshire and the Senator Mrs. BOXER. I thank the Senator. ator said: Look, they make them out in from California. I am not worried The Senator always makes a great ar- my backyard, and they are only mak- about the cost. I think they are right. gument for his position, but I have to ing seven a month. They can make 50 a When we are trying to prevent a 9/11, say, these are the very same airlines month if they have the orders. let us not start talking money around who have not given the flight attend- This was last year. here. When somebody is against some- ants one new bit of training. Mrs. BOXER. Right. thing, they all want to start talking Mr. HOLLINGS. I will agree with the Mr. HOLLINGS. They were not order- money. But when I get up and try to Senator 100 percent. We have to get the ing all the things. They were won- get it paid for, I can’t find anybody flight attendants. dering about the curtains in the office who wants to pay. Mrs. BOXER. Good. and the logo. Do you not remember? Talking about Social Security, we Mr. HOLLINGS. They are on the Mrs. BOXER. Right. Mr. HOLLINGS. So we are together have been using that as a piggy bank, front lines. We call them in a war, the on that. I will agree with you on the and not a lockbox. Come on. We know MLR, the main line of resistance. With flight attendants and anything else we it. my door secure, it is the flight attend- can possibly get done to increase safe- Indeed, with secure cockpit doors now ants who are going to have to defends ty, and more than anything else, get being further upgraded with even higher pro- themselves while getting the plane tective capabilities, the advisability of intro- the airline business back up and going. down to the ground. ducing dangerous and unnecessary weapons I am very much disturbed that we Mrs. BOXER. I know the Senator is in the cockpit environment must be care- could adopt the Smith-Boxer amend- with us on that. I want to make the fully considered. ment, and you could have a plane being point, though, as you name the names Until such time as validated answers to used as a weapon of mass destruction. of folks who are good folks and good these and other questions are available, we There isn’t any question about it. It is believe that a decision to deploy firearms business-people—some better business- not going to be one fellow, and one fel- aboard commercial aircraft raises a serious people than others—they have not em- low defending himself in the cockpit. I and unnecessary risk for both passengers and braced a lot of things that you and I can see it now, with the flight attend- crewmembers. Just as we would not intro- embrace. In this case you agree with duce an aircraft into service without thor- ant outside saying, ‘‘He’s killing me’’— them, But they are not in the planes. ough testing, training of crewmembers and whatever it is—‘‘Open the door.’’ Once They fly around in their own corporate evaluating all safety measures, no one that door is slightly cracked, they have jets. should place deadly weapons in the hands of their team, and they will have prac- I say to my friend, it is the flight at- flight crews without a thorough evaluation. ticed how to take over that plane. In view of these concerns, we urge you to tendants, the pilots, and the passengers They will take the shots, the first reject calls for the introduction of thousands in the planes. I honestly think if you two or something like that, but the of deadly weapons into the cockpits of our want to look to who the leaders are on other three will get in and have that aircraft. safety, I would rather look to the pi- plane. And they will have control and I say to the Senator from California, lots and the flight attendants. they will have pistols. They will take you had a nice letter and thousands of But I know my friend feels very that pistol away. I can tell you that pilots. Here are the people who are run- strongly about the cockpit doors, and I ning the airlines, the ATA board of di- here and now. so agree with him. I just want to pose So you have really weaponized the rectors: Carl D. Donaway, chairman this question to him. He will have the aircraft, which El Al says do not ever and CEO of Airborne Express; John F. floor as long as he wants, although I do that. I can tell you that right now. Kelly, chairman of Alaska Airlines; hope we can reach some agreement on Don’t weaponize. They do not have Glenn R. Zander, president and CEO of the doors so we can end this lengthy weapons in the cockpit. Aloha Airlines; W. Douglas Parker, debate. With that having been said, that is chairman, president, and CEO of Amer- The Kevlar doors, which have been why I feel as strongly as I do. We have ican West Airlines; Donald J. Carty, put into some of the JetBlue planes, to had the tests. I agree with the distin- chairman and CEO of American Air- me, are a tremendous answer because guished colleagues. We are not worried lines; J. George Mikelsons, chairman, you cannot penetrate that Kevlar door about cost in this instance. We have al- president, and CEO of American Trans if it is kept shut. ready spent $15 billion to keep people Air; Richard H. Shuyler, chief execu- So I want to know if my friend had economically going. To save one life, I tive officer of Atlas Air; Gordon Be- seen a demonstration of that Kevlar. would spend another $15 billion. So it is thune, chairman and CEO of Conti- And as we work together on the com- not the cost; it is not the training; this nental Airlines; Leo F. Mullin, chair- mittee, I want to work with you on is a tested and true program of never man and CEO of Senator MILLER’s air- those doors. But I hope we can accom- having had a hijacking in 30 years. line, Delta Air Lines; Vicki Bretthauer, modate you in this bill and that we can I yield the floor. acting chief executive officer of DHL bring this to a vote. The PRESIDING OFFICER. The Sen- Airways; Jerry Trimarco, chief execu- Mr. HOLLINGS. Right. Well, I don’t ator from Georgia. tive officer, Emery Worldwide; An- know about agreeing to the vote. I Mr. MILLER. Madam President, I be- thony E. Bauckham, president of Ever- want to hear some more. I might be lieve that my timing could have been a green International Airlines; Frederick persuaded by the Senator from Georgia little better. W. Smith, chairman and CEO of FedEx or the Senator from New Hampshire. I Mr. REID. Madam President, will the Corporation; John W. Adams, chair- am sure they are going to have more to Senator from Georgia yield for a ques- man, president, and CEO of Hawaiian say. tion? Airlines; David Neeleman, chief execu- But, yes, one, on the flight attend- Mr. MILLER. Yes. tive officer of JetBlue Airways; Tim- ants, absolutely we have to. And we Mr. REID. I have heard a lot of the othy E. Hoeksema, chairman, presi- have that hearing next week. And we debate—not all of the debate—and I September 5, 2002 CONGRESSIONAL RECORD — SENATE S8275 have had a number of Senators from grave new danger: Homicidal fanatics I thank the Chair. both sides who are interested in know- who think nothing of using our air- The PRESIDING OFFICER. The Sen- ing when they could leave. I was trying planes to kill themselves and as many ator from Arizona. to figure out a better way to say that. Americans as they can. Mr. MCCAIN. Madam President, I I wonder if there is any idea now from With these new threats, the Amer- have recently—in fact, today—received the Senators involved—Senators Boxer, ican public has uniformly called for a copy of a letter that was addressed to SMITH, and HOLLINGS—as to how much giving the pilots every measure of pro- me as well as primarily to Senator longer is needed to debate this before tection possible in order to make our HOLLINGS, chairman of the Commerce we have a vote. skies safer. Committee. I think it is an important Mr. HOLLINGS. Not quite yet. But there are some folks who are letter. Mrs. BOXER. If I might just answer leery of putting their trust in our Na- The views of the administration the question this way: I would say, in tion’s pilots. I cannot understand the should be considered, as is always the all honesty, the ball is in the court of logic that says we can trust someone case or should always be the case when my chairman, Chairman HOLLINGS. We with a Boeing 747 in bad weather, but we are dealing with issues. This one, of have a couple of people who want to we cannot trust that same person with course, is very emotional and, frankly, talk, but they are not asking for a lot a Glock 9 millimeter. an issue which has been polarizing in of time. They have brief comments. The folks who oppose arming pilots some respects. But as soon as the Senator from South say we should put our trust elsewhere. I would like to read this letter that Carolina believes he is ready, we are We have heard about making the doors was delivered today. I hope my col- ready. We do not have anything else we stronger. We have heard about security leagues will pay attention to some of have to add. So we are working with screeners. The Senator from California the concerns raised here and perhaps him. We are trying to work with him talked about the recent examples in understand that there are some dif- on the issue of cockpit doors. We are the airports in New York where so ficult issues that need to be addressed. hoping that it will occur to him to per- many went through with things that Among them are training, cockpit haps support us or at least allow us to they should not have had in their lug- modifications, coordination with other have a vote. We just have to wait and gage. We all know how that is. We nations and international airlines—for see. travel. We see it. Deep down we know example, landing in a country that has Mr. REID. Madam President, I appre- it is a screening process that our Na- stricter gun control laws—and com- ciate very much the Senator from tion’s Transportation Security Admin- plying with State and local gun control Georgia yielding. I just say this: I can istration’s own studies show fails one laws. As we know, there are different remember when the Senator offered his out of every four times. So let’s face it, laws in different States, the issue of if our pilots were failing one out of amendment, which was adopted over- legal liability, support organization, every four landings, America would not whelmingly, on the energy bill that and the cost. So I would like to read be putting our trust in them to keep us pickups would not be subject to SUV this letter that was sent by Admiral safe. Loy to Senator HOLLINGS with a copy guidelines. And I had a conversation Our Nation’s air safety plan has mul- to me: with the Senator from Georgia at that tiple levels, from little steps such as time that I thought it should be a re- banning nail clippers, all the way up to Dear Mr. Chairman, This responds to your letter to me of August 1, 2002. I wanted to an- quirement that all pickups sold in the authorizing military fighter aircraft to United States should come out with swer your question on my views about shoot down a commercial jetliner filled whether and how to arm flight deck crews gun racks. Do you remember that, Sen- with innocent passengers. ator? operating commercial aircraft. The balance Why is there not—somewhere be- of the questions in your letter will be ad- Mr. MILLER. I would be happy not to tween banning nail clippers and shoot- dressed by separate correspondence, which I make any remarks and we vote right ing down the plane, somewhere be- will send you later this week. now. I am not anxious to follow Sen- tween those two extremes—some room This letter is from Admiral Loy, the ator HOLLINGS in this debate. But if we for allowing a trained pilot to use a new acting Under Secretary for the are not going to have a vote right now, handgun to defend the cockpit? Transportation Security Administra- then I think I will make some remarks. Some critics have worried what tion. Mr. REID. I think you should pro- might happen if terrorists got hold of He goes on to say: ceed. the gun, to which I would answer: After I began work as the Acting Under The PRESIDING OFFICER. The Sen- Nothing worse than if terrorists got Secretary at the Transportation Security ator from Georgia. control of the aircraft. Others wonder Administration (TSA), and following the Mr. MILLER. Madam President, as I what happens if a bullet goes astray in vote in July by the House of Representatives started to say, my timing could be the fight with a terrorist. Could it supporting a program to arm pilots with le- somewhat better than following my damage the aircraft? I would answer: thal weapons, Secretary Mineta asked me to good friend from South Carolina. Yes, but not nearly as much as a mis- review the range of issues associated with a No one in this body or outside of this sile that would be fired at the aircraft voluntary deployment of guns in the cockpit. His concern and mine is, above all, to ensure body has more respect, more admira- if terrorists took control. tion, and more downright affection for the safety of airline passengers and crew. I If you have any doubts about how the have finished my review and wanted to share someone than I do for the Senator from American public feels about this sub- my conclusions and concerns with you while South Carolina. His record as Lieuten- ject, ask them this question: If you had the discussion continues in the Congress. ant Governor, as Governor, and as Sen- to choose between flying on an airline Our review included significant outreach in ator for 35 years is stuff of which leg- with pilots who were armed to protect which we sought counsel from airlines, pi- ends are made. On this issue, unfortu- the cockpit and an airline whose pilots lots, airports, the FAA and numerous federal nately, I disagree with him, because I were unarmed, which would you law enforcement agencies, including the FBI, rise today in support of this amend- choose? I am convinced they would Secret Service and ATF. The study team ment. evaluated a range of deployment and train- overwhelmingly choose to fly with ing options and numerous associated policy Our airline pilots are among the armed pilots, and I am just as con- and budget issues. The review was intended most highly trained professionals in all vinced that terrorists would prefer to to reach general conclusions and also to out- of the American workforce. Every day fly with defenseless pilots. line the elements of the general protocols to millions of Americans put their lives in That is why I am a cosponsor of this be followed if a decision was made to arm pi- the hands of airline pilots, and we have bipartisan amendment to train and lots. A core assumption of pending legisla- great reason to give them our trust. arm our Nation’s airline pilots. I, for tion, and also of our review, was that any Thanks to literally thousands and one, trust our Nation’s pilots to keep program would be carried out by volunteer thousands of hours of training, com- me safe when I fly. But I want to give pilots who would receive training consistent with the designation as armed Federal mercial airline pilots have made avia- them more than just my trust. I want Flight Deck Officers. tion our Nation’s safest form of public to give them the training and the tools We concluded that if legislation is passed transportation. But since September they need to keep all Americans safe in authorizing a program to arm pilots with le- 11, our Nation’s pilots are faced with a the air. thal weapons, it would be preferable if pilots S8276 CONGRESSIONAL RECORD — SENATE September 5, 2002 were individually issued lockboxes that doors, we seriously question the cost effec- ability and responsibilities of employees and would be used to transport their weapons to tiveness of a program mandated in S. 2554 airlines when a weapon is carried on duty and from the aircraft. They would be trained that would impose a further burden on and off duty. It must include specific train- on weapon use and their responsibilities scarce TSA resources. Indeed, with secure ing about the circumstances under which the under the program, and subject to periodic cockpit doors now being further upgraded weapon may be used onboard the aircraft and evaluation. The pilots would be responsible with even higher protective capabilities, the outside the aircraft at airports and within for maintenance and proper care of the weap- advisability of introducing dangerous and the community at large. It must establish on. We determined that the alternative pro- unnecessary weapons in the cockpit environ- protocols and communications tools to co- gram design—having general use weapons ment must be carefully considered. ordinate a pilot’s responsibilities with those stored aboard an aircraft and maintained by Until such time as validated answers to of Federal Air Marshals and other law en- a cadre of airline employees—poses greater these and other questions are available, we forcement officers authorized to travel security risks, operational complexity and believe that a decision to deploy firearms armed. It is possible that special training fa- cost. aboard commercial aircraft raises a serious cilities would be needed for high-volume Many of the federal law enforcement ex- and unnecessary risk for both passengers and training, so that the program could incor- perts we consulted continue to have signifi- crewmembers. Just as we would not intro- porate at least some practice in a simulated cant concerns about arming pilots with ei- duce an aircraft into service without thor- aircraft environment, such as is provided to ther lethal or non-lethal weapons. The air- ough testing, training of crewmembers and our Federal Air Marshals. line industry shares these concerns. The evaluating all safety measures, no one Cockpit modifications. In order to allow Board of Directors of the Air Transport As- should place deadly weapons in the hands of ready access to the weapon in the cockpit sociation has sent Secretary Mineta a letter flight crews without a thorough evaluation. while securing it appropriately, it would be signed by twenty-one airline chief executive In view of these concerns, we urge you to necessary to install special sleeves for the officers urging a cautious approach to arm- consider a more pragmatic, thoughtful ap- weapons in each cockpit. Obviously each dif- ing pilots and outling their concerns (at- proach that does not interject excessive ferent aircraft will raise different design and tached). risks and consequences for the traveling pub- installation considerations. It would be nec- I ask unanimous consent that the lic and our employees. Moving forward, you essary for TSA, the airlines and aircraft can rest assured we will continue to take all manufacturers to assess these issues in more letter from the board of directors of necessary steps to ensure that air travel re- detail. the Air Transport Association, sent to mains the world’s safest form of transpor- Coordination with other nations and inter- Secretary Mineta, be printed in the tation. national airlines. There are numerous RECORD. Sincerely, thorny issues that must be resolved with for- There being no objection, the letter ATA Board of Directors: Carl D. eign nations and foreign airlines. For exam- was ordered to be printed in the Donaway, Chairman & CEO, Airborne ple, pilots flying international routes for a U.S. carrier must comply with gun control RECORD, as follows: Express; John F. Kelly, Chairman, laws abroad. In order to avoid conflict, TSA, AIR TRANSPORT ASSOCIATION, Alaska Airlines; Glenn R. Zander, with the support of other federal agencies, Washington, DC, September 2, 2002. President & CEO, Aloha Airlines; W. would need to undertake extensive coordina- Hon. NORMAN Y. MINETA, Douglas Parker, Chairman, President tion with countries around the globe to clar- Secretary, Department of Transportation, & CEO, America West Airlines; Donald ify rights and responsibilities of airline em- Washington, DC. J. Carty, Chairman & CEO, American ployees traveling armed. Would we authorize DEAR MR. SECRETARY: With the safety of Airlines; J. George Mikelsons, Chair- the employees of foreign air carriers to par- our passengers and crewmembers as our man, President & CEO, American ticipate in this program? Would we provide number one priority, we are writing to con- Trans Air; Richard H. Shuyler, Chief reciprocal access to the U.S. if other nations vey our thoughts regarding S. 2554 that Executive Officer, Atlas Air; Gordon design similar programs to arm pilots? What would permit the use of firearms by pilots Bethune, Chairman & CEO, Conti- type of background investigation would be aboard commercial aircraft. As discussions nental Airlines; Leo F. Mullin, Chair- possible and necessary? Who would pay? continue on the merits of this subject, we man & CEO, Delta Air Lines; Vicky Bretthauer, Acting Chief Executive Of- Complying with state and local gun con- stand ready to work with Congress and the trol laws. We have only begun to assess the Administration in an effort to reach a pru- ficer, DHL Airways. Jerry Trimarco, Chief Executive Officer, issues associated with complying with state dent consensus position. and local gun control laws. Our review sug- In the aftermath of the tragic events of Emery Worldwide; Anthony E. Bauckham, President, Evergreen Inter- gests that some meaningful legal work and September 11, we understand the rationale coordination would be an early task for the for providing crewmembers with means to national Airlines; Frederick W. Smith, Chairman & CEO, FedEx Corporation; program. defend themselves and their aircraft. How- Legal liability. There are numerous and ever, we believe that allowing guns aboard John W. Adams, Chairman, President & CEO, Hawaiian Airlines; David complex issues of legal liability that need every aircraft in the absence of comprehen- careful, thorough review. These relate to the sive research and testing and without a full Neeleman, Chief Executive Officer, JetBlue Airways; Timothy E. pilots, flight crews, other airline employees, evaluation of the potential consequences, is the airlines, airports, vendors supporting the ill-advised. Hoeksema, Chairman, President & CEO, Midwest Express Airlines; Rich- program and individuals who provide train- A variety of serious safety, technical and ing to the pilots participating in the pro- training issues have been raised that require ard H. Anderson, Chief Executive Offi- cer, Northwest Airlines; Herbert D. gram. answers prior to moving forward with any A large support organization. A worldwide Kelleher, Chairman, Southwest Air- proposal to allow the use of firearms by program of this size would require sizable lines; John W. Creighton, Jr., Chair- cockpit crews. To ensure the safety and secu- staff and support. Existing TSA head- man & CEO, United Airlines; Thomas rity of our customers and employees, we quarters functions would be considerably H. Weidemeyer, President, United Par- have a duty and obligation to ask these stretched in order to manage the program, cel Service Airlines; David N. Siegel, tough questions and to have a clear under- track the inventory of federal weapons and President & CEO, US Airways. standing of the answers. Otherwise, innocent investigate accidental weapon discharges, passengers and crewmembers could be killed Mr. MCCAIN. Continuing from Admi- program operation and public complaints. or injured. ral Loy’s letter to Chairman HOLLINGS: Cost. Our preliminary estimate is that a For example, what studies or testing have We agree that there are literally dozens of program involving all commercial pilots been conducted to determine the effects of issues that would need to be resolved as part could cost up to $900 million for the start-up an accidental weapon discharge in a pressur- of a program involving lethal weapons. Let and some $250 million annually thereafter. Of ized aircraft at altitude, or discharge into a me mention a few such issues or questions. course these estimates must be refined to re- sophisticated instrument panel? How will The next topic that he brings up is flect details of an actual program, including the firearm be stowed, maintained and pro- entitled ‘‘Training curricula and pro- the possibility that fewer than all commer- tected from misuse between flights, particu- cial pilots will participate. These estimates larly when the aircraft is parked overnight gram design.’’ do not include any projections for necessary or deployed in international operations? We estimate that some 85,000 pilots may be cockpit modifications to accommodate ready What is the process to measure the ability of eligible for the program authorized by the access to the firearms. The total program armed pilots to handle a firearm in the close House. In order to avoid significant safety costs may vary widely according to program confines of the cockpit? Will the training and security risk, a detailed, effective train- design decisions, but any program open to all program disrupt the airline’s ability to oper- ing program must be designed from scratch pilots would be very expensive. TSA’s cur- ate their schedules? and tested. This must include firearms train- rent budget does not allow for further work The Transportation Security Administra- ing and safety instruction. It would include in this area, which raises the question of who tion has testified that the cost to the gov- classroom training on numerous issues, such will bear the cost of this potentially expen- ernment for the program is approximately as airport security procedures that would be sive program. $850 million. In light of programs already established for airline employees to carry I am convinced that if there is to be re- completed and underway to secure cockpit weapons through airports, and the legal li- sponsible legislation establishing a program September 5, 2002 CONGRESSIONAL RECORD — SENATE S8277 to allow guns in the cockpit, it must address I yield the floor. Besides the fact that firearms can ac- the numerous safety, security, cost and oper- Mr. LIEBERMAN. Madam President, tually give our flight crews a practical ational issues raised by TSA’s review, and I rise to support this amendment, advantage over terrorists in the air—if should enable us to implement the program which would enable those we already in a methodical, careful, and pragmatic man- it comes down to that—sending the ner. entrust with our lives on airplanes— message that the good guys will be I remain committed to working with the namely, pilots and flight attendants— armed gives us an important psycho- Senate and the House of Representatives on to have the tools and the training they logical advantage as well. The mere this important issue. I have provided an need to disable terrorists in the air. fact that a pilot or co-pilot could have identical copy of this letter to Senator Since September 11th, we have taken a lethal weapon should be a powerful McCain. Thank you for your interest and many steps to make it safer to fly. For deterrent to would-be terrorists. leadership in this matter and I look forward all the agency’s troubles, the creation to our hearing next Tuesday. We will never forget the heroism of Very Respectfully, of the Transportation Safety Adminis- the men and women on Flight 93 who JAMES M. LOY, tration has been a step forward. Air- resisted the highjackers and brought Acting Under Secretary. lines themselves have beefed up their down that plane, which may well have The reason I read this letter is that I security. Airports like Bradley Inter- been headed in our direction. It is in think it is important for us to under- national Airport in Windsor Locks, their spirit that this amendment stand there are a lot of complexities in- Connecticut—which I toured last should be considered. The flight crew volved with implementing a program of month—have made very visible isn’t a passive target. It is an active this nature. I know there are certain progress. And so much of this progress force that can fight back against any- foreign countries where no one is al- has resulted from better collaboration one who seeks to hijack a plane or use and cooperation, which bodes well for lowed to carry or possess a weapon it as a weapon ever again. under any circumstances—certainly the creation of a Department of Home- Of course we need to secure the cock- not a hand weapon, if it is not for hunt- land Security. pit door. Of course we need to make ing purposes. I know there are different But we still have a long way to go laws in different States as far as weap- and a short time to get there. I was dis- sure that the passengers are screened ons control is concerned. turbed by an investigative report in effectively for weapons. Of course we I wonder who is going to pay the $900 yesterday’s New York Daily News. Let need to have high-quality, well-trained million for startup and some $250 mil- me read you the opening: air marshals on our flights. But we lion annually thereafter. I think that Carry-on bags concealing potentially dead- should also take this sane, sensible issue should be addressed here. I visited ly weapons. Six major airlines. Eleven air- step of training and equipping our with the CEO of a major airline this ports. Fourteen flights. And not once did flight crews, who we already entrust morning who made a compelling case anyone catch on. with our lives, with the tools they need that the major airlines in the United To test the supposedly more stringent se- to protect us. curity imposed at the nation’s airports after I strongly support this amendment. States are in deep and serious trouble. the Sept. 11 attacks, Daily News reporters One major airline just declared bank- boarded flights over the Labor Day weekend Mr. SPECTER. Madam President, I ruptcy. Others are convinced that an- carrying contraband—including box cutters, am unable to support the amendment other major airline will be declaring razor knives and pepper spray. by my colleagues Senator SMITH and bankruptcy soon. Not a single airport security checkpoint Senator BOXER to arm pilots on com- Who is going to pay for this program? spotted or confiscated any of the dangerous mercial flights because I am concerned Are we going to lay it on the airlines, items, all of which have been banned from that such a proposal would invite gun airports and planes by federal authorities. or are we going to lay it on the tax- fights in the cockpit. Obviously we must fix these lapses payers of America? I believe that federal air marshals without further delay. But at the same Legal liability is always a question are the individuals best suited to han- time, we have to realize no matter whenever we embark on a program dle any terrorist situation which might what security procedures we put in that involves the use of weapons. The arise on a flight, and am fully sup- place on the ground, they won’t be support organization at TSA, I think, portive of providing the financial re- failsafe. We need a security network is a legitimate question. Right now, we sources necessary to hire additional air that’s flexible enough to protect pas- are facing a deadline of the end of the marshals. Although this amendment sengers from danger even if one link in year for installation of devices that would provide significant training for the chain breaks down. would check all luggage. We all know pilots to handle firearms, I remain con- that isn’t going to happen. We are un- The reality is, if a dangerous person has managed to get on a plane with a cerned that in an emergency situation dergoing the transition from private their concentration should be focused companies to Federal employees at our weapon or an explosive device, there is one last line of defense: the people on on flying the plane, not dealing with airports. attackers in the passenger cabin. So what I am asking is that the spon- the plane. We need to make sure that sors of the legislation, who obviously last line of defense is a strong line of I do strongly support the provision in feel very strongly on this issue, make defense. the amendment which would provide sure that, as we enact this legislation— Having our flight crew carry weapons self-defense training for flight attend- and I am convinced there will be a sig- has been carefully considered in both ants, however I simply do not believe it nificant vote in support of this amend- houses of Congress. We’ve thought is worth the risk to have the avail- ment—these issues are adequately ad- through stun guns as an alternative, ability of guns in the cockpit which dressed. I think these issues warrant but it turns out they are unreliable, could fall into terrorist hands. our concern and our attention. There and the cockpit is too small to use Mr. HATCH. Madam President, I rise are very small airplanes—for example, them effectively. While potential con- today in support of the amendment of- commuter aircraft—that carry a siz- cerns and complications about equip- fered by my friend and colleague, Sen- able number of passengers. How are we ping pilots with firearms have been ator BOB SMITH, the Arming Pilots going to put those weapons in those raised, in the end, this idea just makes Against Terrorism and Cabin Defense very small cockpits? I am sure there is sense. Act of 2002. This amendment sends a a way, but I want to impress upon my It is also important to note that this strong message to would-be terrorists colleagues that there is a lot of com- amendment provides much-needed and acts as a significant deterrent plexity associated with this issue as training and communications capa- against the hijacking of America’s outlined by Admiral Loy, and there are bility for the cabin crew. These provi- planes. other concerns that I think we deserve sions will prepare flight attendants, As a last line of defense in potential to know at least some of the solutions who are often the first to encounter po- terrorist attacks, I believe that pilots for as we address this amendment and tential hijackers on a flight, to handle who want to should have the ability to this issue, which has already been such threats. Flight attendants will carry firearms in order to defend the passed by the other body and, I am con- also have improved communications cockpit. This is a policy that makes fident, would be passed by a large vote with the cockpit in the event of an sense. An overwhelming majority of here. emergency. the American public supports arming S8278 CONGRESSIONAL RECORD — SENATE September 5, 2002 pilots. Counterterrorism experts be- these individuals to carry weapons on- The PRESIDING OFFICER. Without lieve that firearms are the best deter- board planes after they have received objection, it is so ordered. rent when it comes to cockpit security. proper training, I am concerned about Mr. REID. I also ask unanimous con- I have heard from large numbers of the Federal Government picking up the sent that the Senate then vote with re- pilots and constituents from my home tab. spect to the Reid for Boxer-Smith state of Utah who advocate for the While I have reservations over a few amendment No. 4492; that upon disposi- ability of pilots to carry guns to pro- of the provisions of this bill, on the tion of that amendment, the Smith tect the cockpit. It is my hope that other hand, it can readily be argued amendment No. 4491, as amended, if this amendment will help ensure that that no legislation allowing pilots to amended, be agreed to, and the motion all who travel on airlines feel safe, in- be armed if they wish might com- to reconsider be laid upon the table, cluding pilots, flight attendants, and promise the safety of our skies. This is without further intervening action or most importantly, the public. While I not a perfect piece of legislation, but debate. support the right of pilots to carry on balance, I think it is a needed one. The PRESIDING OFFICER. Without weapons on-board aircraft, at the same I will vote for this amendment in order objection, it is so ordered. time, it is important for them to re- to take an additional step to help en- Mr. REID. So Members should be ad- ceive the proper training to be able to sure the safety of our airlines and urge vised that at approximately 4:55 there will be a vote. discharge a firearm in the cockpit safe- my colleagues to do the same. Mr. THURMOND. Madam President, I The PRESIDING OFFICER. The Sen- ly and effectively. ator from Alaska is recognized. I also support the language in this rise today in support of the amendment to establish a program to permit pilots Mr. MURKOWSKI. Madam President, amendment that exempts the airlines I didn’t hear the time of the vote. and pilots from liability as they at- to defend their aircraft against acts of criminal violence or air piracy. This Mr. REID. As soon as the Senator has tempt to defend our airplanes. This is finished. legislation will provide a critical last an industry that has been struggling, Mr. MURKOWSKI. Madam President, line of defense to secure commercial even before the tragic events of Sep- I am proud to join Senator SMITH, Sen- aircraft, allowing qualified pilots to tember 11th. We must not further bur- ator BOXER, and others. I was one of den these companies with what could carry firearms. the original Members joining Senator The legislation requires the Under eventually be frivolous lawsuits that SMITH in this effort, which allows com- Secretary of Transportation for Secu- would endanger the domestic airline mercial pilots the right to carry fire- rity to establish a program not later industries very existence. I am encour- arms in defense of their aircraft. aged to see that this important issue is than 90 days after the date of enact- We have heard the explanation given ment to deputize qualified volunteer addressed in Senator SMITH’s amend- time and again, if indeed an aircraft is ment. pilots as Federal law enforcement offi- hijacked and you happen to be on that I must add that, while there are cers to defend the cockpits of commer- plane, that there is the authority to many worthy aspects to this amend- cial aircraft in flight against acts of take that airplane down with a mili- ment, portions of it give me pause. The criminal violence or air piracy. Pilots tary jet, an F–l6, or whatever. I think foremost issue is who bears the burden who are deputized will be known as any Member, if asked would they sup- of its cost. At a time when Congress ‘‘Federal Flight Deck Officers’’ and port having the pilot in command of has critically-important decisions to will be authorized to carry a firearm the aircraft having a weapon of some make as we face our responsibility to and use force—including deadly force— kind, a handgun, as a last line of de- improve our national aviation and against an individual in defense of an fense, that virtually every Member of aircraft. homeland security procedures, we must this body would say absolutely, any- I was disappointed that the Depart- balance those responsibilities with our thing other than the alternative, which ment of Transportation initially op- commitment that many of us made to would be to take the aircraft down. posed this effort. Recently the Depart- I have listened to the debate here off our constituents to spend within our ment has indicated its support for a means and avoid increased deficit and on today, and I would like to com- limited pilot program. While important ment a little bit. The Senator from spending. steps to improve the security of our This amendment could have serious South Carolina is interested in the se- airports and protect the flying public unintended consequences. As part of cure doors. have been taken, the tragic events of our nation’s aviation and homeland se- Some of the airlines are putting se- last September 11th demonstrated our curity policy, the Federal Government cure doors on their aircraft. They are enemies will stop at nothing to inflict doing it currently at their own ex- is already paying for Federal air mar- harm on Americans and destroy our pense. I just took a flight across the shals, the federalization of the baggage way of life. Our response must be country, and the cockpit door was screening process, and reinforced cock- equally as determined and resolute. We opened six times by either the pilot or pit doors. These are important safety must not take half measures or engage copilot on a 51⁄2 hour flight. At least measures that I strongly support. The in wishful thinking. We must not re- two times it was opened to provide food Transportation Security Administra- frain from utilizing every tool we pos- access into the cockpit. So that cock- tion estimates this amendment will sess. We must enable those who pilot pit door was opened eight times during initially cost approximately $884 mil- commercial passenger aircraft to de- that flight. lion, of which the majority, $865 mil- fend against any threat and protect the That is the harsh reality. We do not lion, will go to pay for training, re- safety of their aircraft and passengers. have the capability to feed nor to pro- qualification, equipment, background And finally, we must do so without fur- vide restroom facilities for the crew. checks, program management, and di- ther delay. This amendment properly We are certainly not going to retrofit rect course costs for 85,000 pilots over a addresses those concerns and I strongly all the aircraft in the skies imme- period of two years. And at least $264 support its passage. diately with those capabilities in the million of the $885 million will be re- The PRESIDING OFFICER. The Sen- cockpit. So we are going to have the curring costs. Furthermore, an addi- ator from Nevada is recognized. potential risk. tional $16.5 million will need to be allo- Mr. REID. We are very close to hav- While those who perhaps commute cated for the purchase and installation ing a vote on this amendment. Sen- short distances feel secure because of a of gun storage boxes on airplanes. That ators BOXER and SMITH worked out the closed cockpit, we do not have that on being said, I don’t think that the air- problem with the Commerce Com- a cross-country flight. That is the line industry can afford to pay these mittee. I am grateful for that. The only harsh reality. training costs either. speaker I know of is Senator MUR- It is also apparent, as the Senator Serious questions must be raised KOWSKI, who wishes to speak for about from Arizona pointed out, that there is about having the Federal Government 5 minutes on this issue. some difficulty in implementing the shouldering the costs of training. The I ask unanimous consent that as soon program. The idea of secure doors and amendment not only allows for pilots as he completes his statement, the the question of who pays for it, obvi- to be trained, but flight attendants as Senator from California be recognized ously, are concerns of the airline indus- well. I strongly support the ability of to modify her amendment. try. How the guns are managed, if you September 5, 2002 CONGRESSIONAL RECORD — SENATE S8279 will, is a concern of the airlines. Their safety. I think most of the pilots would This is an issue on which Senator business, obviously, is reducing the agree they, too, want to have this ca- HOLLINGS has been a very strong and amount of administrative authority pability and are prepared to use it in sometimes lone voice. We are very they can, but our job is protecting the an appropriate manner. proud to accommodate him, and we public. I do not take this legislation lightly. hope, therefore, he will be with us on If, indeed, history proves itself, as it This amendment does not cavalierly this vote. appears to have done in a couple of in- attempt to hand out guns to flight The PRESIDING OFFICER. Without stances, one occurred on a FedEx cargo crews, and wish them the best. objection, the amendment is further plane. During takeoff, the crew was Because of September 11, 2001, and modified. overpowered by an individual who was the tactics used by the hijackers that The amendment (No. 4492), as further a crew member who happened to be day, we must change the way aircraft modified, is as follows: deadheading on the flight, and he at- and passengers are protected. The At the end of the amendment add the fol- tacked them with a hammer. There amendment is an important part of lowing: was a tremendous fight in the cockpit. that effort. SECTION 1. PROHIBITION ON OPENING COCKPIT This aircraft was fully loaded with fuel As many in this body are aware, DOORS IN FLIGHT. and freight, but the crew managed to there is a large percentage of pilots (a) IN GENERAL.—Subchapter I of chapter subdue this individual with the weapon who have served in the military and 449 of title 49, United States Code, is amend- ed by adding at the end the following: they were able to take away from the law enforcement. In fact, many also serve as reservists in the different Sec. 44917. Prohibition on opening cockpit doors in individual who initiated the attack and flight land that aircraft safely. It was a ham- branches of the military. These pilots have been trained in the use of weap- ‘‘(a) IN GENERAL.—The door to the flight mer. It was very bloody. Nevertheless, deck of any aircraft engaged in passenger air it proved that the crew was willing to onry. Why not utilize the trained per- transportation or interstate air transpor- do whatever they could to stop that sonnel already on hand? tation that is required to have a door be- The Airline Pilots Association sup- aircraft from crashing. I gather it was tween the passenger and pilot compartment ports this concept and has written to to crash into some of the FedEx facili- under title 14, Code of Federal Regulations, the F.B.I. requesting a program to shall remain closed and locked at all times ties. train cockpit personnel. I have heard during flight except for mechanical or phys- If we look at the concerns expressed from many pilots in Alaska and around iological emergencies. in the general discussion about secure the country that support it. So why ‘‘(b) MANTRAP DOOR EXCEPTION.—It shall doors, we cannot secure the door; it is not further enhance the chances of pas- not be a violation of subsection (a) for an au- going to be opened from time to time. thorized person to enter or leave the flight senger and aircraft survival? There is talk about changing the air deck during flight of any aircraft described I applaud the administration and this pressure of the aircraft by puncturing in subsection (a) that is equipped with dou- Congress for moving quickly to secure the hull. An air marshal is obviously ble doors between the flight deck and the cockpit cabins, adding needed Sky trained. If there is an altercation of passenger compartment that are designed so Marshals, improving airport perimeter that— some nature, there is as much chance security, training screening personnel, ‘‘(1) any person entering or leaving the of penetrating the hull by him. Evi- and increasing flight deck security. flight deck is required to lock the first door dence has shown there is not an explo- But we must also afford passengers through which that person passes before the sion, there is a decompression, and a the utmost in security after the plane second door can be opened; and decompression is manageable by the ‘‘(2) the flight crew is able to monitor by has cleared the runway. Arming pilots remote camera the area between the 2 doors cockpit crew. is not the only solution, but it is an As we look at the alternatives, it is and prevent the door to the flight deck from important component. clear that the airlines oppose this be- being unlocked from that area.’’. The pilots know they need it. The (b) CONFORMING AMENDMENT.—The chapter cause they are not in the business of passengers will support it. And this analysis for chapter 449 of title 49, United managing guns. Their bottom line is Congress should pass it. I encourage States Code, is amended by inserting after transporting passengers. It does create my colleagues to support this amend- the item relating to section 44916 the fol- problems. But if we look at how we are ment. lowing: implementing the security program in I yield the floor. ‘‘44917. Prohibition on opening cockpit doors in flight.’’ this country, it was not very well The PRESIDING OFFICER (Mr. NEL- thought out. I am not suggesting that SON of Nebraska). Who yields time? Mrs. BOXER. Mr. President, in clos- as an example. Nevertheless, we are The Senator from New Hampshire. ing this debate, I thank everyone, par- looking at a first rather I should say Mr. SMITH of New Hampshire. Mr. ticularly Senator SMITH for his amaz- last line of defense which is probably President, I ask unanimous consent to ing work. more correct. add Senators TIM HUTCHINSON, CRAIG I ask unanimous consent that Sen- We have debated this back and forth. THOMAS, and STROM THURMOND as ator BAUCUS be added as a cosponsor. We as legislators, and certainly as pas- original cosponsors, and I thank my The PRESIDING OFFICER. Without sengers, have to recognize we trust the colleague from South Carolina for his objection, it is so ordered. flight crew with our very safety and se- cooperation. I appreciate it very much. Mrs. BOXER. Mr. President, I say to curity, and we should give them all the I again thank my colleague, Senator the flight attendants and the pilots tools to complete that task. That is BOXER, for her leadership, and I thank who worked so hard to help us get this the reason I am standing with my Senator REID for his cooperation as to a vote today: Your work will be re- friend, Senator SMITH, on this legisla- well. warded. You are, in many cases, the tion. It is first and foremost an at- Mr. HOLLINGS. I thank the Senator last line of defense with the fact that tempt to increase the level of safety from New Hampshire. our security checkpoints are failing, aboard our commercial airliners. The PRESIDING OFFICER. Without unfortunately. They are doing better, My State of Alaska has many small objection, it is so ordered. but they are not where they should be, planes. There are firearms available for The Senator from California. and contraband is getting on to the various reasons: If the plane goes down AMENDMENT NO. 4492, AS FURTHER MODIFIED planes, coupled with the fact that our or if a passenger attempts to overcome Mrs. BOXER. Mr. President, we are military has orders to shoot down a the crew. As we look at the question of about to vote in 2 minutes. I am going plane that has been taken over by hi- guns in the cockpit, there is a great in- to wrap up in 2 minutes. I send a modi- jackers. Let’s give this program a consistency. One is the inconsistency fication of my amendment to the desk. chance. Let’s give people a chance to associated with sky marshals, and the I want to explain to my colleagues that save their lives and the lives of the other is associated with the realization this is a modification that has been crew, the passengers and, frankly, the that we would simply be arming pilots written by Senator HOLLINGS. It will people on the ground. who are highly trained. result in the cockpit door remaining This is important for homeland secu- I do not think there is any question closed during the flight except for me- rity, to make sure we are doing every- about the substance of this amend- chanical emergencies or physiological thing to avoid another 9/11. I ask for an ment. It provides a greater level of emergencies. aye vote. S8280 CONGRESSIONAL RECORD — SENATE September 5, 2002 I yield the floor. Lugar Reid Snowe chemical weapons storage sites and McCain Roberts Stabenow The PRESIDING OFFICER. The Sen- McConnell Rockefeller Stevens weapons destruction facilities, we must ator from Nevada. Mikulski Santorum Thomas be ever vigilant. That is what this Mr. REID. Mr. President, before we Miller Sarbanes Thompson amendment seeks to do by: vote—and the vote will occur momen- Murkowski Schumer Thurmond First, requiring the Secretary of De- Murray Sessions Voinovich tarily—I have spoken to the majority Nelson (FL) Shelby Warner fense to review the current temporary leader, and this will be the last vote to- Nelson (NE) Smith (NH) Wellstone flight restrictions to determine if they night. I will also indicate the majority Nickles Smith (OR) Wyden are sufficient to provide maximum pro- leader has indicated we will come in on NAYS—6 tection to these facilities from poten- Monday at 12 o’clock. We will have an Chafee Jeffords Reed tial airborne threats and to report his hour of morning business, and at 1 Corzine Kennedy Specter findings to Congress. Second, the amendment would re- o’clock we will vote on a judicial nomi- NOT VOTING—7 nation, or if we do not work something quire the FAA to issue a report on each Akaka Ensign Torricelli violation of the temporary flight re- out on the cloture motion that was Biden Harkin filed today, we will vote on that on Bunning Helms strictions which apply to these sites. Mr. President, as I have stated, very Monday. We will have a pro forma ses- The amendment (No. 4492), as further serious penalties already exist for sion in the morning, and that would modified, was agreed to. those who violate these restrictions. ripen on Monday. Mr. SMITH of New Hampshire. I Given the tremendous danger to the We are going to have to vote on Mon- move to reconsider the vote. workers and local citizens associated day at 1 o’clock either on a judicial Mrs. BOXER. I move to lay that mo- with any unintentional crash or inten- nomination or cloture on drought as- tion on the table. tional act at any one of these storage sistance. The motion to lay on the table was sites, I believe this amendment is both I appreciate everyone’s cooperation agreed to. today. We have been able to move for- reasonable and prudent in requiring AMENDMENT NO. 4491, AS AMENDED ward two very important amendments the FAA to report on actions taken in The PRESIDING OFFICER. Under on this very important legislation. I response to a confirmed and properly the previous order, amendment No. have spoken with Senator THOMPSON. investigated restricted airspace viola- 4491, as amended, is agreed to, and the We have not cleared this with Senator tion. motion to reconsider is laid on the BYRD and others. We want to make Lastly, in the amendment we ask the table. sure Senator THOMPSON has the first Secretary of Defense to assess the use The amendment (No. 4491), as amend- amendment when we come back on of periodic air patrols and military ed, was agreed to. Monday, and following that, Senator flight training exercises in terms of Mr. LEAHY. Mr. President, I suggest BYRD will have the next amendment. their effectiveness as a deterrent to the absence of a quorum. airspace violations or other potential Mrs. BOXER. Mr. President, I ask for The PRESIDING OFFICER. The the yeas and nays on the amendment. airborne threats to these facilities. clerk will call the roll. While little, if anything, could be The PRESIDING OFFICER. Is there a The legislative clerk proceeded to sufficient second? done to stop someone intent on attack- call the roll. ing one of these storage sites from the There appears to be a sufficient sec- Mr. LIEBERMAN. Mr. President, I air, we should take every step to make ond. ask unanimous consent the order for sure that these flight restrictions are The question is on agreeing to the quorum call be rescinded. respected and violators are punished. amendment No. 4492, as further modi- The PRESIDING OFFICER. Without This amendment is about safety, en- fied. The clerk will call the roll. objection, it is so ordered. forcement of the law, and, ultimately, The assistant legislative clerk called Mr. SHELBY. Mr. President, I am protection of our citizens who live in the roll. pleased to join with Senator BAYH in close proximity to these chemical Mr. REID. I announce that the Sen- offering an amendment to the home- weapons facilities. ator from Hawaii (Mr. AKAKA), the Sen- land security bill. f ator from Delaware (Mr. BIDEN), the It is a straighforward amendment de- Senator from Iowa (Mr. HARKIN), and signed to improve and strengthen the MORNING BUSINESS the Senator from New Jersey (Mr. protection of our Department of De- Mr. LIEBERMAN. Mr. President, I TORRICELLI), are necessarily absent. fense installations which contain the ask unanimous consent that there now Mr. NICKLES. I announce that the storage and destruction facilities for be a period for morning business with Senator from Kentucky (Mr. BUNNING), our Nation’s chemical agent and muni- Senators permitted to speak therein the Senator from Nevada (Mr. ENSIGN), tions stockpile. for up to 10 minutes each. and the Senator from North Carolina Prior to September 11, no temporary The PRESIDING OFFICER. Without (Mr. HELMS) are necessarily absent. flight restrictions existed for any of objection, it is so ordered. I further announce that if present our Nation’s chemical weapons stock- Mr. LIEBERMAN. I suggest the ab- and voting the Senator from Kentucky pile sites. Secretary Rumsfeld took sence of a quorum. (Mr. BUNNING), would vote ‘‘yea’’ quick action after September 11 to es- The PRESIDING OFFICER. The The result was announced—yeas 87, tablish temporary flight restrictions at clerk will call the roll. nays 6, as follows: each of these sites, but numerous viola- The legislative clerk proceeded to [Rollcall Vote No. 210 Leg.] tions of these flight restrictions have call the roll. Mr. SESSIONS. Mr. President, I ask YEAS—87 occurred. unanimous consent the order for the Allard Collins Grassley In the case of the Anniston Chemical quorum call be rescinded. Allen Conrad Gregg Destruction Facility and storage site, The PRESIDING OFFICER. Without Baucus Craig Hagel 22 violations have occurred since flight Bayh Crapo Hatch objection, it is so ordered. Bennett Daschle Hollings restrictions were implemented by the Mr. SESSIONS. Mr. President, I ask Bingaman Dayton Hutchinson Department of Defense. The latest was unanimous consent I be allowed to pro- Bond DeWine Hutchison just today when a Lear-type jet flew Boxer Dodd Inhofe ceed as in morning business. Breaux Domenici Inouye over the incineration facility at less The PRESIDING OFFICER. The Sen- Brownback Dorgan Johnson than 1000 feet. Another violation that ate is in morning business. Burns Durbin Kerry caused great concern was a night time The Senator from Alabama. Byrd Edwards Kohl over-flight which included 3 passes by Campbell Enzi Kyl f Cantwell Feingold Landrieu an unidentified aircraft. Carnahan Feinstein Leahy These incursions are serious matters. THE NOMINATION OF PRISCILLA Carper Fitzgerald Levin Current law provides for stiff penalties OWEN Cleland Frist Lieberman Clinton Graham Lincoln to be levied against those who violate Mr. SESSIONS. Mr. President, we Cochran Gramm Lott restricted air space. In the case of our had a very sad day today. The Senate September 5, 2002 CONGRESSIONAL RECORD — SENATE S8281 Judiciary Committee, on a party-line, how to change the ground rules. Some serve as a guide, we would do well to partisan vote of 10 to 9, voted down the liberals, including law professors al- think about what we have done here. nomination of Priscilla Owen, a justice leged in one of the hearings that one During the first 130 years of our coun- on the Texas Supreme Court, for a po- out of every four Supreme Court nomi- try’s history, the Senate did not even sition on the Fifth Circuit Court of Ap- nees during the first 100 years of this ask a nominee to come before the Sen- peals. country were voted down because of ate for a hearing. The first nominee to Having practiced many years in Fed- ideology. We have checked that in de- even appear before the Senate before eral court, 15 years full-time as a Fed- tail and researched those allegations, confirmation was Justice Harlan Fisk eral prosecutor, I care about the Fed- and that is just not true. They sug- Stone, in 1925. Nominees did not appear eral courts. I want it to be the very gested that the burden should lie on regularly before the Judiciary Com- best it can be. I believe deeply in the the nominee to prove him or herself mittee until John Marshall Harlan in rule of law in America. I believe it is a worthy. We demonstrated that history 1955. Occasionally the committees tradition we have to cherish and turn did not support that position. They as- asked a few nominees questions in over to our children and our grand- serted that the Supreme Court of the writing, but there wasn’t the kind of children, so that it has the same United States is a right-wing Court and examinations we have today. strength, moral coherence, and integ- that ideology drives what they do, un- So it would be difficult for anyone to rity that it has always had. dermining respect for the law. I reject argue that historically we have put the In fact, most of the nations around that characterization of the Supreme burden on the nominee to prove their the world today that are struggling so Court. worthiness. badly—the Third World nations—are They said that the ABA ratings need What we have always done is that the not struggling because their people will to be given consideration, except in President submits people. The Senators not work or because they do not have this case the nominee got a unani- from that home State have to approve resources. Too often, it is generally be- mously well-qualified rating, the high- that nominee. If they don’t approve, cause there is no legal system that can est possible rating of the ABA. the nominee almost universally is not operate where people can make loans They said that we don’t want to have confirmed. But if the home State Sen- and expect them to be repaid, or where a judge that would vote to overrule ators approve, it comes up before the they can own property and not have it Roe v. Wade. We can’t have a right- committee, and the committee looks stolen from them. So the legal system wing activist. And they asserted that to see if they are extreme, if they have is exceedingly important. ideology or politics is a basis for re- good integrity, if they have basic legal What happened this morning—and it jecting a nominee. skills, that they have a proven record was particularly tragic—represents a We had hearings on that. Lloyd Cut- of capability and respect within the bar culmination of a decision, apparently ler, who served as counsel for two dif- that would make them worthy of the reached a year or so ago, when Presi- ferent Democratic Presidents, flatly position of a lifetime appointment on dent Bush was elected, and three lib- rejected that in the hearing, made a the bench. eral activist professors—Laurence strong statement saying this would po- The Senate is not a rubber stamp. It Tribe, Cass Sunstein, and Marcia liticize the courts. So did Griffin Bell, should not vote for every nominee, just Greenberger—met with the Democratic former Attorney General under Presi- because the President submitted that Conference to discuss judicial nomina- dent Jimmy Carter. They rejected this nominee. But we ought to have a basis tions. And they asserted that President ideological approach to the judiciary, within that traditional realm of eval- Bush had won by only a small margin something we have never done in this uation of a nominee to vote one down. and, therefore, he did not have the That was lacking here today. same authority that other Presidents Senate’s history. One thing we noticed, all of these ar- As Senator ORRIN HATCH said: Her had to nominate judges, forgetting, of guments don’t meet the test of logic or testimony was perhaps the finest testi- course, that the total vote percentage history or facts except one, and that mony ever received in his time as received by President Clinton, I be- was the one chosen—raw political chairman and ranking Republican on lieve, was only about 44 percent. Presi- that committee. dent Bush got a larger percentage of power to vote down a nominee of ex- Those are the facts about our his- the American vote than Clinton did. traordinary capability submitted by tory. My Democrat colleagues assert But at any rate, these professors set President Bush. We have not seen that about to deliberately alter the con- before. somehow that the Supreme Court of firmation ground rules. In fact, a news- We had at one of the hearings a the United States is a right-wing Court paper—I believe the New York Times— Democratic justice, former justice re- and that we need a balance. We need to reported that they had met to discuss tired from the Supreme Court of Texas. make sure that moderate or liberal changing the ground rules on the nomi- He was here to support Justice Owen nominees get put on for every mod- nations of Federal judges. And it was a from Texas. He said to me after the erate or conservative or liberal that real serious thing. hearing: At least for some of these was on there, some sort of balancing So, well, that is politics. You hear nominees there was a basis to vote out, some sort of moderate deal. That those kinds of things. against them, but they have no basis to is not the way we have done nomina- You wouldn’t think that the deci- oppose Owen. They put out nothing on tions. The President submits nominees. sions we have used since the founding her. We evaluate them and see if they are of this Republic, certainly in the last That is a fact. Nothing was said that worthy. 60 years of anybody’s recognition here would undermine her ability, even if I will just ask: What is moderation? of the normal way things are done, you were highly suspect of a nominee. What does that mean? Does that mean would be changed significantly, but I To me, there were just no facts there. you enforce half the law? You analyze am afraid we may be wrong. We may be She conducted her life not politically it halfway? You don’t make anybody seeing significant change. I am hopeful but professionally, as a lawyer, with mad with your ruling? You try to carve that is not the case. Maybe we can turn integrity and outstanding ability. your ruling so it satisfies everybody? If it around. Maybe it is not too late. But They said that in the first 100 years the statute of limitations is run and today’s vote was very disturbing be- so many Supreme Court Justices were the person wants $10,000, do you give cause we had one of the finest nomi- voted down on ideology. That is an ab- them $5,000? Is that justice? Is that nees ever to come before this Senate, a solutely untrue statement. In fact, moderation? I don’t think so. nominee that clearly had the votes to only a few were rejected for political This Supreme Court has faced some pass on the floor of the Senate but was reasons, and sometimes those battles tough decisions. It protected the burn- voted down in committee, blocked were pretty tough in the days of the ing of an American flag and said that from coming to the floor of the Senate founding of this country. the act of burning a flag is free speech. so we could have a full airing and a full We do know that they didn’t even The act of burning a tangible object is vote. have hearings on most of them. covered by the first amendment protec- We had some hearings in the Judici- They say that the burden should be tion of free speech. I don’t think that is ary Committee and subcommittees on on the nominee. Well, if history is to good, in my personal view. But you had S8282 CONGRESSIONAL RECORD — SENATE September 5, 2002 people such as Justice Scalia, sup- Planned Parenthood v. Casey. Both of using the pro-abortion cases of the U.S. posedly a conservative, voting for that those are big-time, important abortion Supreme Court upon which the statute with others. I think it was a bad deci- cases. They have already affirmed was based, and it was not an act of ac- sion. But they ruled on that, this so- those. tivism. In fact, Senator DEWINE care- called right-wing Court. Priscilla Owen has never voted on or fully analyzed these matters, and in They banned voluntary school prayer opposed Roe v. Wade, as Justice Byron the 12 cases under this statute—and at high school football games. Former White did when he was on the Court. this was the biggest point made Judge Griffin Bell of the 11th Circuit She never called Roe v. Wade a ‘‘heavy against this fine nominee’s record—in 3 Court of Appeals, actually originally handed judicial intervention,’’ as Ruth of them she voted with a minority of from the Fifth Circuit Court of Ap- Bader Ginsburg, President Clinton’s the judges on the Texas Supreme peals, and Attorney General of the nominee to the Supreme Court, did. Court. Most of the time, 9 cases, she United States under President Carter, She never voted for a statute to ban voted with a majority. once said—perhaps in jest; perhaps abortion, as Al Gore did, or never sup- By the way, in every case that not—nobody ought to serve on the Su- ported a constitutional amendment to reached the Supreme Court of Texas, preme Court, on the Federal bench, ban abortion, as DICK GEPHARDT, the the Texas law was vaguely written and that doesn’t believe in prayer at foot- would-be Speaker of the House, has difficult to interpret, and it involved a ball games. done in the past. Would all of these in- situation in which a trial judge and an I don’t think that is a good opinion. dividuals be blackballed and fail to intermediate court of criminal appeals I don’t believe a voluntary prayer at a pass a lockstep test of the Democratic had both ruled that notification of a football game violates the establish- majority on the Senate Judiciary Com- parent had to occur before an abortion ment clause of the first amendment, mittee if they were nominated for a by a minor could be conducted. So she but that is what the Supreme Court Federal judgeship? I think this is going was, in each instance, voting on a case has ruled, and many other cases along a bit far. in which a trial judge saw the situation that line. So we have heard that we cannot firsthand, and an intermediate court of They stopped the police from using have a conservative judicial activist on appeals had ruled in the same way Jus- heat sensors to search for marijuana- the court. I agree with that. You can tice Owen ruled. In each case that she growing equipment in houses. That was have people who are so conservative ruled against the majority, she ruled in pretty much considered a liberal opin- that they force their agenda by reinter- favor of the intermediate court of ap- ion. preting the words of statutes, as well peals and the trial judge—not an ex- They struck down a law that bans as you can have a liberal do that. The treme record, trust me. virtual child pornography, which I was traditional conservative theory of law We looked at this hard. Senator disappointed to see since, as a pros- is that you respect the laws passed by DEWINE’s analysis of it was very ecutor, I know how difficult that is the legislature and enforce them as thoughtful and persuasive. Well, they going to make it for prosecutors to be written, whether you like it or not. say, that is bad, we don’t want a parent successful. And they reaffirmed and ex- Traditionally, the ideology of the to be notified. Some states have paren- panded abortion rights to include sub- left—as is dominating in our law tal consent, where a parent has to con- stantial protections for partial-birth schools today, unfortunately—is that— sent to an abortion for a teenager. In abortion, this so-called right wing Su- really, today they are getting awfully some States, they have to have consent preme Court. That is a bogus argument cynical—the law is truly a tool of one to get a tattoo, or an earring, or a nose also. group to oppress another group, that ring, but they don’t need to have con- (Mr. DAYTON assumed the Chair.) words don’t have any finite meaning sent to get an abortion. All it said was Mr. SESSIONS. Well, they said the and you can make them mean what- they had to tell at least one parent, un- ABA rating was the gold standard, but ever you want to say, and that the law less there was an excuse not to. It did that didn’t help them in this argument is a tool for social progress and not a not require permission of that parent. And 82 percent of the people in this because the ABA unanimously voted protection of rights, as we have under- country, when polled, say they favor that Priscilla Owen was well qualified stood it. for the Eleventh Circuit. They had seen Traditionally, in the last 30 years, parental notification. So who is extreme here? Is it the her practice law, they had seen her as most of the activism has come from group smearing her for enforcing a a justice of the Texas Supreme Court, the left. We have actual people who as- rather modest Texas law, or is it the and they found that she was well quali- sert with quite a strong conviction fied, giving her the highest rating. The nominee herself? that if the legislature didn’t act, the Actually, her study of that was very bar association, as I recall, has 15 court had to act. Have you ever heard carefully done, I thought, and actually members of the committee that actu- that? I think we hear that pretty often. utilized definitions in the U.S. Su- ally does that vote. Heretofore, they But think about it. Particularly in preme Court opinion to help clarify the didn’t say anything about whether you Federal Court when you have a life- definitional tools of Texas law on the were qualified, well qualified, or un- time-appointed judge. Well, let’s see. correct presumption that when Texas qualified. Now they tell you whether or The legislature didn’t act, so now we had the parental notification law, they not it was unanimous. It is hard to get can do whatever we want to as a judge, tried to make it compatible with the 15 of them to be unanimous. They se- or as the court. Supreme Court ruling, which is what a lect the committee that evaluates Well, if the legislature did not act, great judge does. them, and it is a fairly sizable com- and they are the duly elected rep- Well, only the most extreme liberal mittee. Many are civil rights attor- resentatives of the people, then in fact groups such as NARAL, Planned Par- neys, some are big law firm attorneys, they have acted, haven’t they? They enthood, and the ACLU, that have been some are individual practitioners, and have decided not to act on whatever active against her, could see anything others are officials in the State bar. It political agenda somebody has. And wrong in this, in my opinion. is a big committee, and it is hard to that does not justify a judge becoming Well, they said you can’t get into get a unanimous vote of well qualified, a legislator because of that. politics. That is something to discuss. but she was so rated. I think this is important also. This This nominee hardly has any politics. They said: We don’t want anybody nominee, Priscilla Owen, has just been Senator GRAMM from Texas said when who would reverse the right of a magnificent and disciplined in her view people asked her to run for the Su- woman to have an abortion—reverse of the law. One of the things they com- preme Court of Texas, she could not re- Roe v. Wade. Well, everybody knows a plained about was her interpretation of member, when asked, which primary judge on the Fifth Circuit cannot over- a single Texas statute, passed by the she voted in last time, Republican or rule the Supreme Court’s opinions on legislature—the parental notification Democrat. abortion. They cannot overrule any Su- statute. She clearly followed the legiti- She finished third in her class at preme Court decision, including Roe v. mate sources of law in interpreting Baylor Law School and was one of the Wade. In fact, the Fifth Circuit has ex- that. She read the statute clearly. She finest litigators in Texas, well re- plicitly adopted Roe v. Wade in interpreted the words of the statute spected. When she was approached to September 5, 2002 CONGRESSIONAL RECORD — SENATE S8283 run, she was a single mom. She gave up somehow an act of class warfare They do not represent the legal think- a highly lucrative law practice to take against the poor. If you do not own the ing of a majority of Americans, much on the race for the supreme court. She property, you do not own it in Amer- less a majority of the Senate. won, and then won again, with 84 per- ica. They want to say you ought to get This little group, by sticking to- cent of the vote. She had the endorse- a part of it anyway. It is a dangerous gether in lockstep fashion, have as- ment of every single newspaper in philosophy we are about. serted and demonstrated a power to Texas of any size. She was an excep- Mr. President, I will conclude. I feel kill nominees before they even get a tional candidate in every way. deeply about this issue because what full vote, superb nominees such as She is not a person who is a political was unique about this rejection of this Judge Pickering. He had been on the warrior. As Senator GRAMM said, ‘‘I am superb nominee who testified bril- Federal bench for 12 years. He was No. a political warrior, I know what one liantly in addition to having a brilliant 1 in his class in law school. He was well is.’’ This lady is not. As Senator record, what was most disturbing qualified by the American Bar Associa- HUTCHISON of Texas, who knows her about this process was that she was ig- tion for the Court of Appeals, and he and supports her, assures us, this is a nored. Her answers were ignored, and was voted down. legal professional who goes about her she was just voted down—Raw power. I think it is a big deal. I am very day trying to do the right thing. Maybe that is supposed to send a frustrated about it. There is a lot of The danger in all this, to my way of message to the President, but this is a unease. I do not know of anything to do thinking, is that we are sliding into a real person who has a real family, who but to continue to go forward, continue concept that the courts in America are has dedicated her life to the rule of to talk to my colleagues, ask them to inherently political and they cannot be law. She is popular in her home State. back off; let’s go back to the tradi- trusted to enforce the law as written. She had the confidence of the President tional respect given to Presidential Indeed, these professors assert and of the United States who was Governor nominees, and I think we can make many of them are teaching in law of the State of Texas, and he knows the progress there. school today—and it is quite a source people in Texas. She has the support of Some said a lot of nominees who re- of debate in law school—that they be- KAY BAILEY HUTCHISON and PHIL ceived well-qualified ratings did not lieve you cannot know anything, that GRAMM, the Senators from Texas, and get voted on. True, most of those over- nothing is really knowable, that there she should have been confirmed. whelmingly had objections from home is really no truth, that character really The failure to do so troubles me be- State Senators. As soon as the Demo- does not count, that there are just win- cause I am afraid we may be adopting cratic Members of Congress got the ners and losers. If you do not get your this postmodernism view that nothing majority and Senator LEAHY became judge on the court, you do not win. is knowable, that there is no truth, chairman, they asserted not only did That is a dangerous philosophy. In that there is no objectivity, and that they want to maintain that power, but fact, I raised it with Professor Lau- there is no such a thing as a rule of law they wanted to strengthen it further rence Tribe, the brilliant activist lib- because it is all just a manipulation; than they have in the past. I do not see eral law professor. In his written state- that whoever has the power writes the how anybody can complain on the sen- ment to our Judiciary Committee when laws to benefit themselves and oppress atorial courtesy rule if they, in fact, we had hearings, he flat out said, that everybody else. are asserting not only should it be we might as well reject the Olympian If that is what we are heading to, I maintained but strengthened. ideal of justice under law—that an think we have a problem. Maybe that If President Bush nominates a judge Olympian ideal was an illusory con- is not so. Some have said: Are we going from New York and Senator SCHUMER cept. to retaliate? I have been asked a lot objects to that judge, that judge will That theory is a threat to the rule of about that. Is that the way Repub- not move and will not be confirmed law in America, and I think we saw it licans are going to do the Democrats if even though that judge is voted well played out in Committee this morning we get a Democratic President and he qualified. That is just the way it has because they basically said: This lady submits nominees? been here. Sometimes it is unfair, but did not agree with parental notifica- Let me just say it this way: I do not that is how it has been. tion; we heard she was a conservative; give up. I am hoping that a number of As Senator HATCH, who just came we cannot trust her to interpret the the members of the Judiciary Com- into the Chamber, who so ably chaired thousands and thousands of cases that mittee maybe made premature com- the Judiciary Committee, knows, that come before her. That is not true. mitments on this case, maybe did not is just the way it has been. I do not see I practiced as a Federal prosecutor realize the full consequences of their any call for weakening of that rule. before Federal judges and tried hun- votes, and that we will not continue to I would say we have a long way to go dreds of cases. I was there for years. see this kind of overt politicalization in the future to work through this un- There may be a case every now and of the process. I think that should fortunate event. I hope we can. It then that a judge’s philosophy of life— avert a historic alteration in the proc- would be a tragic event, indeed, if this you would expect one more likely to ess by which we have dealt with judges Senate were to abandon its historical buy this argument than that argument. in confirmation. system of evaluating judges. But if you had the cases, if you had the We have to maybe take a deep I thank the Presiding Officer, and I law, if you had the authority, whether breath. I am very upset and most of the yield the floor. the judges were Republican, Democrat, Republican members of our committee The PRESIDING OFFICER. The Sen- liberal, conservative, routinely, day are very upset and wonder what hap- ator from Utah. after day in my court and every court pened. Mr. HATCH. I want to congratulate in America, judges followed that. This Under President Clinton, only one my colleague Senator SESSIONS and is a dangerous concept to be selling nominee in 8 years was voted down in thank him for his kind remarks today. around here. committee or on the floor of the Sen- As usual, he is one of the most articu- Yes, we have politics in this body. ate. We have already had two voted late and eloquent spokespeople in this There is nothing in the Senate that is down in committee on a party-line country with regard to the Federal Ju- not involved in politics. Of course, we vote, and in both cases, the nominee diciary and, of course, with regard to are a political body. That is not true in would have passed had they been on the law in general and the rule of law. courts, and if it is, we are in big trou- the floor of the Senate. In both cases, I want him to know I have a tremen- ble. there was a majority vote on the floor dous amount of respect for him and Why should you respect a court if of the Senate to pass them had they how much I enjoy working with him on you do not believe they are enforcing gotten out of committee. the Judiciary Committee. The Senator the law? We have people who believe This is not healthy. I respect the tal- from Alabama adds much to the Judici- that rules of property ownership are ent and ability and commitment of my ary Committee. He is a terrific addi- ways to oppress people who do not have Democratic colleagues on the Judici- tion to the Committee and will leave property by people who have property ary Committee, but they are very his mark decades from now for his and that the enforcement of a deed is much a Northeast-West Coast group. service in the Senate. S8284 CONGRESSIONAL RECORD — SENATE September 5, 2002 Mr. President, the Senator from Ala- nors cannot get a tattoo without pa- ponents have sought to portray her as a con- bama has made a lot of points on what rental consent, but they have an servative judicial activist—that is, to accuse happened in the Judiciary Committee unhindered right to obtain an abortion. her of substituting her own views for those of today, but I wanted to take a little Last year most members of the Judi- policymakers and legislators. In support of this charge, they cite cases in which other time, as well, to address the injustice ciary Committee voted to require pa- Texas justices, including then-Justice dispensed by the Judiciary Committee rental consent for 18- to 21-year-olds to Alberto Gonzales—now President Bush’s against Priscilla Owen of Texas. Presi- get credit cards. White House Counsel—appear to suggest as dent Bush’s nominee to the Fifth Cir- Such is our world, Mr. President. much. But the cases they cite, by and large, cuit Court of Appeals. This willful error by The New York posed legitimately difficult questions. While The Committee defeated her nomina- Times is one example of the deceptions some of Justice Owen’s opinions—particu- tion today. Although I am afraid it was and distortions perpetrated on Justice larly on matters related to abortion—seem a deal cut long before Justice Owen’s Owen’s exemplary record. Of course, rather aggressive, none seems to us beyond the range of reasonable judicial disagree- hearing occurred, in defeating Justice The New York Times again repeats the falsehood that Judge Alberto Gonzalez, ment. And Mr. Gonzales, whatever disagree- Owen’s nomination I regret that my ments they might have had, supports her friends on the Committee and the Sen- now our White House Counsel, called nomination enthusiastically. Liberals will ate Democrat leadership chose the path Justice Owen an activist while he was no doubt disagree with some opinions she of partisanship over friendship and serving on the same court, when in fact would write on the 5th Circuit, but this is fairness. the truth is that a careful review of the not the standard by which a president’s The justice my colleagues dispensed full record of the particular case shows lower-court nominees should be judged. is like no other the Judiciary Com- he was referring to another judge who Nor is it reasonable to reject her because wrote another dissenting opinion. He of campaign contributions she accepted, in- mittee has ever inflicted. It is incom- cluding those from people associated with parable to any controversy raised was not referring to Justice Owen. Yet Enron Corp. Texas has a particularly ugly against any nominee, Democrat or Re- we have heard time after time the system of judicial elections that taints all publican. My Democrat colleagues re- same arguments used against Justice who participate in it. State rules permit jected a nominee who is unblemished Owen. judges to sit on cases in which parties or in every respect but for the smears of The New York Times was not alone lawyers have also been donors—as Justice her opponents, smears which go beyond in addressing Justice Owen’s nomina- Owen did with Enron. Judicial elections are the pale of decency, distortions which tion. I am heartened to know that be- a bad idea, and letting judges hear cases from people who have given them money is are outside the bounds of cynicism and yond the overwhelming support from her own home State of Texas and the wrong. But Justice Owen didn’t write the deceptions which fall below any stand- rules and has supported a more reasonable ard of fairness, even for Washington scores of op-ed pieces written across system. politics and the left-wing professional the country in support of this nomina- Justice Owen was one of President Bush’s lobbyists in this town. tion, Justice Owen’s nomination to the initial crop of 11 appeals court nominees, For the first time in history, my col- Fifth Circuit has received editorial sent to the Senate in May of last year. Of leagues rejected a nominee that has re- support from over 24 newspapers pub- these, only three have been confirmed so far, ceived the American Bar Association’s lished across the Nation and across the and six have not even had the courtesy of a hearing. The fact that President Clinton’s unanimous rating of well-qualified, a political spectrum, including the Wash- ington Post, the Wisconsin State Jour- nominees were subjected to similar mistreat- rating that earlier this year my friends ment does not excuse it. In Justice Owen’s on the other side announced to be the nal, the Wall Street Journal, Amarillo case, the long wait has produced no great gold standard for judicial nominees and Globe-News, Richmond Times Dis- surprise. She is still a conservative. And that which, of course, they now criticize be- patch, Akron Beacon Journal, The is still not a good reason to vote her down. cause the independent body of the Florida Times-Union, The Philadelphia American Bar Association has rated Inquirer, The Tampa Tribune, The De- [From the Dallas Morning News, July 25, President Bush’s nominees as highly troit News, The Dallas Morning News, 2002] qualified as any we have ever seen. The Denver Post, The Daily Oklaho- OWEN NOMINATION; CRITICS ARE DISTORTING I think this vote will be long remem- man and the Chicago Tribune, to men- TEXAN’S RECORD bered and regretted on both sides of the tion a few. After hearing U.S. Court of Appeals can- aisle. Only three newspapers, in fact, in didate Priscilla Owen vilified in recent New York, Los Angeles and San Fran- weeks—called everything from racist to One sample smear against Priscilla anti-abortion to (gasp!) pro-business—the Owen of Texas came this week in one of cisco, have come out firmly against members of the Senate Judiciary Committee the most outrageously false editorials I this nomination. got the chance Tuesday to see for themselves have ever read in The New York Times, I ask unanimous consent that a se- what all the fuss is about. And, after a year but that editorial said nothing new. lection of these 24 editorials in support in the deep freeze, the 47-year-old Texas Su- The editorialists apparently used only of Justice Owen be printed in the preme Court justice finally got the chance to the talking points supplied by the RECORD. defend herself against liberal critics who usual suspects in Washington. Among There being no objection, the edi- have distorted her record and character in a torials were ordered to be printed in bare-knuckled attempt to keep her off the other falsehoods, the New York Times 5th Circuit Court of Appeals. the RECORD, as follows: editorial said: One of the biggest distortions is that Jus- In abortion cases, Justice Owen has been [From the Washington Post, July 24, 2002] tice Owen is a ‘‘Judicial activist’’ intent on resourceful about finding reasons that, de- THE OWEN NOMINATION bending and twisting statutes to fit a rigid spite the United States Supreme Court hold- The nomination of Priscilla Owen to the political agenda. That is the view of Sen. ings and Texas case law, women should be 5th Circuit Court of Appeals creates under- Richard Durbin, a Democrat from Illinois, denied the right to choose. standable anxiety among many liberal activ- who tore into Justice Owen for what he said The New York Times should be ists and senators. The Texas Supreme Court was a tendency to ‘‘expand and embellish’’ in ashamed of themselves—or whoever the justice, who had a hearing yesterday before her written opinions. Democratic Sen. editorial writer is who wrote this. the Senate Judiciary Committee, is part of Dianne Feinstein of California was more po- the right flank of the conservative court on lite but just as direct when she asked Justice Under the parental notice cases of which she serves. Her opinions have a certain Owen point-blank if she was, in fact, a ‘‘judi- which they speak, no one is denied a ideological consistency that might cause cial activist.’’ Justice Owen’s response sug- right to an abortion. They are abso- some senators to vote against her on those gests that the Baylor Law School graduate is lutely wrong. Abortion rights are not grounds. But our own sense is that the case absolutely clear on what position she is ap- implicated in the parents’ right to against her is not strong enough to warrant plying for. She has no desire to legislate know and to be involved in their chil- her rejection by the Senate. Justice Owen’s from the bench, she told Sen. Feinstein. If dren’s most painful decision, an abor- nomination may be a close call, but she confirmed, she said, she would do only what tion. should be confirmed. the job calls for: interpret the law as writ- Justice Owen is indisputably well quali- ten. Even with parental notice, every fied, having served on a state supreme court Justice Owen can be trusted to do exactly minor has a right to abortion in Texas, for seven years and, prior to her election, that, say those in Texas legal circles who and no decision of Justice Priscilla having had a well-regarded law practice. So know her best. Her supporters include Re- Owen denies that. In fact, in Texas, mi- rather than attacking her qualifications, op- publicans and Democrats alike, and their September 5, 2002 CONGRESSIONAL RECORD — SENATE S8285 vote of confidence should count for some- Critics complain, less vociferously, about latter term that some senators believe justi- thing—especially when weighed against the other Owen opinions—that a person fies ‘‘borking’’ Owen on abortion rights, etc. smear campaign engaged by the lobbies of shouldn’t collect insurance benefits on a But it’s still wrong. the left. house a spouse destroyed by arson, for exam- Feingold knows it. That’s why he made his As for Justice Owen’s personal views on ple. That, critics insist, proves she is too courageous vote to confirm John Ashcroft as abortion, or on any issue, they remain to- pro-business. But why should an arsonist be U.S. attorney general. Feingold didn’t like tally irrelevant. By all accounts, she has allowed to profit from his own crime? Ashcroft’s right-wing politics, but he be- spend the last eight years on the Texas high The appointment is being scandalously po- lieved in a president’s right to choose his court doing precisely what she this week liticized. Owen deserves better. More impor- own nominees. Feingold was right. promised the Judiciary Committee she tantly, the American people deserve better. Feingold and Kohl should both vote to con- would continue to do at the federal level. firm Owen, and should try to convince their Those who oppose a judicial nominee have [From the Wisconsin State Journal, July 29, colleagues to do likewise. She is well quali- every right to challenge the nominee. But 2002] fied, and that’s all that should count. they do not have the right to—in legal OWEN IS QUALIFIED FOR FEDERAL BENCH terms—‘‘assume facts not in evidence.’’ For Feingold and Kohl should stop their Senate [From the Chicago Tribune, Aug. 20, 2002] all their political games, grandstanding and Colleagues from ‘‘borking’’ Priscilla Owen. name-calling, the assembled critics of Pris- IDEOLOGUES VS. JUSTICE OWEN Why should Wisconsinites care about Texas cilla Owen have presented nothing to dis- At least since the 1987 battle over Robert Supreme Court Justice Priscilla Owen, nomi- credit her. Bork’s nomination to the Supreme Court, ju- nated by President Bush to the 5th U.S. Cir- The committee should do its best to rectify dicial appointments have been a major arena cuit Court of Appeals? this situation by scheduling a vote without for conflict in Washington. It doesn’t matter Because ‘‘borking’’—judging a judicial further delay and approving Justice Owen’s if the White House is in Republican hands nominee on political and ideological grounds nomination. and the Senate under Democratic control, or rather than qualifications—is ugly no matter the other way around: Whenever a nominee which party is doing it and must be stopped. [From the Florida Times-Union, July 26, Because Wisconsin’s two senators, Herb can be tarred as extreme, unethical or in- 2000] Kohl and Russ Feingold, sit on the Senate competent, ideologues paint the most appall- A FINE CHOICE Judiciary Committee, where the ‘‘borking’’ ing picture in the hope of killing the ap- Using legitimate criteria—judicial exper- of Owen is under way. If these two Demo- pointment. tise, temperament and reputation—there is crats take the high road and approve Owen It’s not a good way to find the truth or to no finer candidate for a spot on a federal ap- even though (horrors!) she is a conservative, select good judges. Instead, it fosters irre- peals court than Priscilla Owen, whose nomi- their courage could persuade their Senate sponsible distortion and discourages strong- nation was the subject of committee hear- colleagues to give up this nasty practice. minded individuals from accepting judicial ings this week. The charge against Owen is being led by the posts, while rewarding lawyers whose chief Owen, an honors graduate who earned the extremist wing of the abortion-on-demand talent is never doing anything, good or bad, highest grade on the bar exam, has served crowd, who are incensed that Owen voted to make enemies. The latest fight is over with distinction on the Texas Supreme Court several times to uphold a Texas law that al- Priscilla Owen, a Texas Supreme Court jus- since 1994—and is so respected that every lows teens to get abortions without noti- tice chosen by President Bush for the 5th major newspaper in Texas endorsed her suc- fying their parents only in extreme cir- Circuit court of Appeals. She got the highest cessful campaign for reelection in 2000. cumstances. rating from the American Bar Association. After she was nominated for the 5th Cir- Polls show that a majority of Americans To get that endorsement, says the ABA, a cuit Court of Appeals, the American Bar As- support parental notification laws, and the nominee ‘‘must be at the top of the legal pro- sociation unanimously gave her the highest U.S. Supreme Court has ruled that such laws fession in his or her legal community, have possible rating for the job—no small matter do not violate the terms established by Roe outstanding legal ability, breadth of experi- since the Senate Judicial Committee chair- vs. Wade. Nonetheless, National Abortion ence, the highest reputation for integrity man said previously that the ABA’s rating is Rights Action League President Kate and either have demonstrated, or exhibited ‘the gold standard by which judicial can- Michelman called Owen ‘‘someone who exem- the capacity for, judicial temperament.’’ didates are judged.’ A bipartisan group of 15 plifies the most extreme hostility to repro- You’d never guess any of these qualities past Texas Bar presidents endorsed her nom- ductive rights of any of the nominees that from the attacks on Owen. Senate Demo- ination, as have Democratic former justices. President Bush has named.’’ My, my. crats and liberal activists have denounced Still, her nomination is in trouble because Other groups complain that Owen’s rulings her as a right-wing ideologue and a lap dog she is deemed insufficiently liberal by a few show her to be anti-consumer, anti-worker for big corporations, particularly Enron. fringe special-interest groups that have con- and pro-business. They say she too often Their favorite evidence is a quotation from siderable influence with the Senate’s Demo- voted to overturn huge jury verdicts in mal- fellow Justice Alberto Gonzales, now White cratic leadership. practice and product-liability cases. Consid- House counsel, accusing her of ‘‘an uncon- The main complaint revolves around cases ering that Texas juries’ propensity for hand- scionable act of judicial activism’’ in voting in which young girls wanted to have an abor- ing down outrageous verdicts makes the to deny a minor permission to get an abor- tion without either parent’s knowledge. state a favorite filing-ground for trial attor- tion without her parents’ knowledge. Under Texas law, a parent must be told un- neys pursuing dubious liability cases, Owen But judges accuse each other of judicial ac- less a judge rules a girl is sufficiently ma- should be applauded for attempting to apply tivism all the time. It’s safe to assume that ture and informed to make the decision the brakes. if Gonzales distrusted Owen’s instincts, he alone. They say she is a ‘‘judicial activist’’ who would have lobbied his boss not to choose Owen contended some youngsters were not will try to legislate from the bench. But her. Today, he says, ‘‘She will exercise judi- informed sufficiently. when U.S. Sen. Dianne Feinstein, D-Cali- cial restraint and understands the limited That, extremist, pro-abortion groups say, fornia, asked her about that charge, Owen role of the judiciary.’’ proves Owen is a ‘judicial activist’ who responded ‘‘If I am confirmed, I will do my In the abortion case they disagreed about makes rulings based on ideology instead of utmost to apply the statutes you have writ- the application of a Texas law that generally what the law actually says. Never mind that ten as you have written them, not as I would requires parents to be notified. Owen, dis- they have enthusiastically supported judi- have written them or others might want me senting from the court’s decision to grant cial activism in the past and that Roe vs. to interpret them.’’ permission, made a perfectly rational case Wade, the decision legalizing abortion, was But none of this should matter much to that the majority was reading the law too in itself a blatant act of judicial activism. the Senate Judiciary Committee, which is liberally. Owen is under fire not because she is a ju- supposed to examine a nominee’s qualifica- As for her views about corporations, it’s dicial activist but because she is perceived as tions, fitness for office, and temperament. not surprising that a candidate picked by a a conservative activist. No one has questioned (yet) her tempera- conservative president has not been hostile The facts are, however, that Owen based ment; her qualifications include graduating to private business. It’s true that, in running her opinion on U.S. Supreme court guide- cum laude from Baylor Law School, getting for the office, she got campaign contribu- lines—and the author of the law said she had the top score on the Texas Bar Exam, prac- tions from Enron employees and then sat on interpreted it the way the legislature in- ticing commercial litigation for 17 years be- cases involving the company. But people as- tended. fore winning election to the Texas Supreme sociated with Enron gave to lots of political Parental notification laws are designed not Court, and getting a unanimous ‘‘well-quali- candidates, and Owen didn’t violate any eth- just to protect children but also to keep fied’’ rating from the American Bar Associa- ics rules. pedophiles from coercing their young vic- tion’s Committee on the Federal Judiciary. Owen is just one of many Bush nominees tims into destroying the evidence before Every president has the right to nominate who have been inexcusably blocked from fill- they can be arrested, tried and locked up. whomever he wants to the federal judiciary. ing vacant seats on the bench—something They are not something that the courts The Senate has the right to grill the nomi- that also happened, with equal lack of jus- should routinely circumvent, except under nees over their qualifications, temperament, tification, to many of President Clinton’s ap- rather limited conditions prescribed by law. and fitness for office. Presumably it’s that pointees. S8286 CONGRESSIONAL RECORD — SENATE September 5, 2002 But the only real argument against her is In poll after poll, a majority of respondents ‘‘well-qualified.’’ That’s the highest score that she’s not the sort of choice a Demo- say that, as a general rule, abortion should the ABA evaluators give, and they don’t cratic president would make. That’s no rea- remain legal and the government should not hand it out to just anybody who can pass the son Bush shouldn’t have picked her, or that interfere with a woman’s right to end her bar exam and tie her own shoes. the Senate shouldn’t confirm her. pregnancy. But when asked about restricting ‘‘To merit a rating of ‘well-qualified,’’’ the abortion in specific ways or circumstances, ABA explains, ‘‘the nominee must be at the [From the Boston Globe, July 28, 2002] they often say yes. top of the legal profession in his or her legal THE REAL EXTREMISTS Thus, 86 percent of Americans would make community, have outstanding legal ability, (By Jeff Jacoby) abortion illegal in the third trimester (Gal- breadth of experience, the highest reputation Why do professional abortion-rights advo- lup, 2000), and 63 percent would vote to ban for integrity and either have demonstrated, cates anathematize as ‘‘antichoice’’ anyone partial-birth abortions. Mandatory pre-abor- or exhibited the capacity for, judicial tem- who favors even minimal regulation of abor- tion counseling is favored by 86 percent of perament.’’ This portrait of Owen doesn’t tion? Their absolutism would seen as ridicu- the public (Gallup 1996); a 24-hour waiting pe- quite match the drooling Neanderthal de- lous in almost any other area of law. riod by 79 percent (CBS/New York Times, picted by her critics. For example: Americans have a funda- 1998). (These all presuppose a healthy mother The judicial activist charge is also hard to mental right to own and use land, but no one and child; Americans overwhelming support square with reality. In the case cited by crit- believes that land use should be entirely legal abortion when the mother’s health is ics, where Gonzales affixed the label on three untrammeled. A great body of law has devel- seriously threatened or when there is likely dissenting justices, he was clearly beholding oped to regulate what people do with their to be a serious defect in the baby.) the mote in his brother’ eye while ignoring land—from local zoning ordinances to com- It makes sense that the public does not re- the beam in his own. mon law nuisance remedies to federal wet- gard these limitations as unreasonable. The dispute involved a 17-year-old high lands and endangered-species statutes. Rea- Americans recognize that abortion is too se- school student who wanted to get an abor- sonable people can and do debate the wisdom rious and tragic to be undertaken lightly. tion without notifying either of her parents, of particular regulations. But nearly every- They know that the pro-life slogan ‘‘Abor- as required under Texas law. A minor may one agrees that there must be some restric- tion stops a beating heart’’ is a statement of get a judge to waive the requirement if she tions on an owner’s right to make use of his fact. So while they support reproductive can show that she is ‘‘mature and suffi- property. Only a crank would argue that to rights, they do not support unfettered abor- ciently well-informed’’ to make the decision favor any sort of limitation at all is to be tion on demand, for any reason at any time. alone (or to prevent abuse, which was not an ‘‘anti-ownership’’ or an enemy of land- But that is largely what organizations like issue). holders. NARAL, NOW, and Planned Parenthood do ‘‘Mature’’ and ‘‘well-informed’’ are not To take another example, Americans have support, which is why they vigorously op- terms of mathematical precision, leaving the constitutional freedom to express their pose the kinds of abortion regulations that some room for interpretation. But after views in public. But no one takes the First most Americans would endorse. That is their hearing her testify, a trial court judge ruled Amendment to mean that self-expression right, of course. But why should their radical that the girl was not sufficiently well-in- may never be restricted. Your right to free viewpoint be the standard for defining ‘‘pro- formed. An appeals court reached the same speech does not authorize you to utter slan- choice?’’ Prochoice is what most Americans conclusion. Without the benefit of face-to- der, to threaten the life of the president, to are: In favor of the right to choose, but also face contact with the girl, the Texas Su- falsely shout ‘‘fire!’’ in a crowed theater, or in favor of common-sense limits on that preme Court overruled them. to give perjured testimony in court. right. For NARAL & Co. we need a more ac- There is no ‘‘judicial activism’’ in respect- Yet when it comes to abortion, there is no curate term. I’d suggest ‘‘pro-abortion.’’ ing the findings of a trial court judge, as such thing as a reasonable restriction—not Owen did. Nor is there anything startling in to the abortion-right spokeswomen whom we [From the Chicago Tribune, Aug. 22, 2002] her view that the law was not supposed to invariably hear from whenever the issue A CONSERVATIVE JUDGE’S ‘JUDICIAL ACTIVISM’ make waivers automatic. In fact, during the comes up. A 24-hour waiting period? Pre- legislative debate back in 1999, supporters of Priscilla Owen is not a household name abortion counseling to discuss possible risks the proposal envisioned the bypass mainly across America, but she has achieved an or alternatives? Parental notification when a for instances of incest and physical abuse. amazing level of notoriety among left-lean- minor wants an abortion? A ban on partial- Critics insisted then that the bill made it ing interest groups, who regard her much as birth abortions? The politician who calls for too hard to get around the notification rule. Dalmatian owners view Cruella De Vil. The such limits or the judge who upholds them One opposing legislator predicted that if the Texas Supreme Court justice became their can count on being slammed as a threat to measure passed, not a single waiver would be Public Enemy of the Month by doing two ‘‘reproductive rights’’ and a foe of ‘‘choice.’’ granted. The legislators who originally spon- things: 1) compiling a judicial record that Just ask Priscilla Owen, the Texas Su- sored the measure filed a brief in this case, can fairly be described as conservative, and preme Court justice nominated by President arguing that the whole point of their legisla- 2) being nominated to the 5th Circuit Court Bush to the Fifth Circuit US Court of Ap- tion was to ‘‘restore parents’’ natural au- of Appeals by President Bush. peals. She is by most accounts a restrained thority to act as chief advisors to their Those offenses were all it took to unleash and thoughtful judge; the American Bar As- minor daughters who become pregnant and a torrent of invective against Owen, whose sociation unanimously pronounced her ‘‘well seek abortions’’ and to assure that parents nomination is awaiting Senate action. Ralph qualified.’’ But because in several teen-abor- would be excluded only in ‘‘exceptional cir- Neas, president of People for the American tion cases she ruled that parental notifica- cumstances.’’ Way, denounced her as an ‘‘ultraconserva- tion was required, she is being excoriated. The Texas legislature, a conservative one, tive.’’ The National Abortion and Reproduc- Planned Parenthood calls her an ‘‘anti- passed a restrictive law aimed mainly at as- tive Rights Action League said she’s pos- choice extremist.’’ The National Organiza- suring the involvement of parents, not pre- sessed by ‘‘a strong personal bias against the tion for Women accuses her of ‘‘disdaining venting it. So how is it ‘‘judicial activism’’ right to choose that renders her unable to women’s rights.’’ The National Abortion for a judge to read it the way that even its follow the law.’’ The most frequently heard Rights Action League says she ‘‘exemplifies critics read it during the debate? More plau- criticism is not from liberals but from a con- the most extreme hostility to reproductive sibly, the activism was on the other side. servative—White House counsel and former rights.’’ Owen was not giving into the temptation to But who are the real extremists here? In a Texas Supreme Court Justice Alberto legislate from the bench, but resisting it. new analysis, the Gallup News Service re- Gonzales, who is quoted as having accused If Owen had gone along with a more re- ports that ‘‘in general, polling shows wide Owen of ‘‘an unconscionable act of judicial laxed reading of the law, she might indeed be public support for parental consent laws— activism’’ in how she handled one abortion accused of judicial activism. But not by the policies that are even more restrictive than case. That charge is supposed to prove that people attacking her today. parental notification.’’ In 1996, a Gallup sur- she’s not only too conservative for liberals, vey found 74 percent of Americans in favor of but too conservative for conservatives. [From the Wall Street Journal, September 5, requiring parental consent for a minor’s What her opponents don’t publicize is that 2002] abortion. Since then, the level of support has from all evidence, Owen is an excellent law- gone even higher. In a 1998 CBS/New York yer and judge. Fifteen former presidents of TOO SMART FOR THE SENATE Times poll, 78 percent wanted parental con- the Texas State Bar wrote the Senate Judici- Priscilla Owen isn’t exactly a household sent. And in a Los Angeles Times survey two ary Committee to announce that though ‘‘we name. But what happens to her today in the years after that, the figure was 82 percent. profess different party affiliations and span Senate Judiciary Committee will say a lot Justice Owen insists her rulings are based the spectrum of views of legal and political about President Bush’s legacy in the federal on Texas law, not her own personal views. issues, we stand united in affirming that courts—to wit, whether the 10 liberal Demo- But if they do reflect her personal views, she Justice Owen is a truly unique and out- crats who form the majority will allow him clearly has lots of company. Are more than standing candidate.’’ to have one. four Americans in five ‘‘anti-choice extrem- The American Bar Association, which is The Gang of Ten is scheduled to vote on ists?’’ Or is it NARAL, NOW, and Planned not regarded as a dear friend by conserv- Judge Owen’s nomination to the Fifth Cir- Parenthood that are far outside the main- atives agrees. Its Standing Committee on the cuit Court of Appeals, and she ought to be an stream? Federal Judiciary unanimously rated Owen easy sale. Currently on the Texas Supreme September 5, 2002 CONGRESSIONAL RECORD — SENATE S8287 Court, she is one of the best legal minds of Let me say that we Republicans have ess is when both State senators are her generation and at age 47 is potential Su- never done what was done today. I against a judgeship nominee from their preme Court material. She’s a conservative, voted against only one Clinton nomi- State, that judgeship nominee will not but the liberal American Bar Association nee, as I recall, but I did it standing on go anywhere. gave her its highest rating—a unanimous well-qualified. the Senate floor where the American This practice is not one I put in There was a time that jurists of her intel- people could see me, where I could be place. It was put in place under the lectual caliber were welcomed by Senators of counted, not sitting in the shadows of Democrat leadership of this Judiciary both parties, but no more. Barring a last- the Judiciary Committee room. Committee. Today, Democrat Senators minute bout of conscience, Democrats seem Allow me to place this vote further from the State of North Carolina, Cali- ready to pull a Pickering—that is, kill Judge in context, Mr. President. In this ses- fornia, and Michigan have prevented Owen’s nomination in committee and deny sion so far, the Senate has confirmed 73 the Judiciary Committee presently her a vote of the full Senate. This was the judges. There is much eagerness in as- from holding hearings on six of Presi- treatment meted out to Charles Pickering Sr. last March, when the Mississippi judge’s serting that this number now compares dent Bush’s nominees. nomination was stopped before moderate to the last three sessions of Congress One final point on Rangel and Democrats got a chance to vote for him. If during which I was Chairman. Al- Moreno and, for that matter, any of Judge Owen were to reach the Senate floor, though I am flattered to hear my the Clinton judges confirmed or not: I she too would be confirmed with Democratic record used as the benchmark for fair- am not a betting person, but if I were, support. ness, I am afraid this does not make for I would bet that neither would trade Political war over judges isn’t new, but the a correct comparison because I was places with Charles Pickering. Judiciary Democrats are taking it to an en- As important as anything we do is tirely new level. Chairman Pat Leahy won’t never Chairman of the Judiciary Com- even schedule hearing dates for the best ap- mittee during any of the President’s the way the Committee has treated the peals-court nominees; six of Mr. Bush’s first first 2 years in office. so-called controversial nominees. Their 11 picks are still waiting, 16 months after I am glad to say that the proper com- records have not only been damaged being nominated. That includes legal lumi- parison is not, as they say, about me. and distorted, they have been turned naries Miguel Estrada, Jeff Sutton, John During the first 2 years of President completely upside down, 180 degrees Roberts and Michael McConnell, who, like Clinton’s first term, when Senator from the truth. Judge Owen, are potential Supreme Court BIDEN was chairman of the Judiciary Charles Pickering came to this com- candidates—which is their real sin in liberal Committee, the Senate confirmed 127 mittee with a four-decades-old record Democratic eyes. But maybe they’re the lucky ones. Judge judicial nominees. Senator BIDEN of working in favor of civil rights. He Pickering had to endure race-baiting that achieved this record despite not receiv- testified against the Imperial Wizard of African-Americans in his home state de- ing any nominee for the first 6 months. the Ku Klux Klan in the 1960s, at a plored. D. Brooks Smith was confirmed, In fact, Senator BIDEN’s first hearing time when doing so put him, his wife, amid phony charges of sexism, only because was held on July 20 of that year, more and his children smack in the cross- Senator Arlen Specter called in chits for his than a week later than the first hear- hairs of a violent and unforgiving ter- fellow Pennsylvanian. ing this session, which occurred on rorist organization. That was an act of Judge Owen’s fate is to be called ‘‘anti- real bravery motivated by his belief in abortion’’ because she’s upheld Texas’s pa- July 11, 2001. rental-notification law—a view supported by Clearly, getting started in July of doing right. more than two-thirds of Americans and the year one is no barrier to the confirma- But what happened? The hearing U.S. Supreme Court. Her critics also make tion of 127 judges by the end of year room and the subsequent fundraising the dishonest charge that even the Presi- two, but we have confirmed only 73 letters echoed with the word ‘‘racist.’’ dent’s own lawyer, Alberto Gonzales, who nominees in this session. Charles Pickering’s record was com- served with her on the Texas Supreme Court, Senator BIDEN’s track record during pletely turned upside down. thinks she’s a judicial ‘‘activist,’’ Mr. the first President Bush’s first 2 years Judge Brooks Smith’s true history Gonzales has denied this repeatedly, and as also demonstrates how a Democrat-led fared no better. Judge Smith had a rep- White House counsel had a big say in her utation for going out his way to assist nomination. Senate treated a Republican President. There’s more at stake here than the fate of Then-Chairman BIDEN presided over women in the legal profession. Judge one accomplished jurist. There’s also the the confirmation of all but five of Smith received the Susan B. Anthony Constitutional ‘‘advise and consent’’ process President Bush’s 75 nominees in that Award because of ‘‘his commitment to that throughout U.S. history has meant that first 2-year session. Chairman THUR- eradicating gender bias in the court the entire Senate should work its will. The MOND’s record is quite similar. The con- system.’’ But Judge Smith’s opponents liberal Judiciary 10 are denying to this trast to the present could hardly be did not talk about that. In fact, they President a Constitutional right that Presi- more stark. worked hard to create an impression dents Reagan, Clinton and George H.W. Bush We are about to close President exactly opposite by focusing not on his were all granted by Senates controlled by the opposite party. We hope those Senate Bush’s first 2 years in office having work as a judge but on his previous Democrats who want to be President under- failed the standards set by Chairmen membership in a small men’s fishing stand that the same thing could happen to BIDEN and THURMOND, and that is noth- club. Never mind that Susan B. An- them. ing over which to be proud. thony Award. Mr. HATCH. I am heartened not just Some discredit Justice Owen’s nomi- I might add, Mr. President, that we for the sake of Justice Owen, but be- nation by pointing to the few Clinton are pleased that Judge Smith won the cause at her hearing I expressed alarm judges who did not get hearings when I approval of the vast majority of the at the efforts by some to introduce ide- was chairman, especially Jorge Rangel Senators when he was given a chance ology into the confirmation process. I and Enrique Moreno from Texas. But to be heard on the floor after long am heartened that editorial and op-ed that is not fair to me, and not truthful, delay. I think it would be fair to give writers across the country reflect not and it has nothing to do with Justice that same chance to Priscilla Owen, only support for Justice Owen but also Owen. Neither of those nominees had and I think she would fare just as well the near universal rejection of this support of their home State Senators, as Judge Brooks Smith. misguided effort to make the inde- and there were good reasons. This pre- Today, we decided the fate of another pendent Federal Judiciary a mere ex- vented me from scheduling a hearing so-called controversial nominee, and tension of the Congress, and less than for them and would have prevented any once again there is a 180-degree dis- the independent, coequal branch it was chairman, including Chairman LEAHY connect from the truth of Priscilla intended to be. presently, from holding hearings. Owen’s record and the yarn being It is important to place this vote In fact, these nominees lacked home woven around it. We heard today about against Justice Owen’s nomination in senator in part because President Clin- the same handful of cases—a very few context for the American people be- ton ignored the Texas Senators and the of Owen cases out of thousands. And, cause I know there are those who seem Texas nominating commission in mak- by the way, not only have Owen oppo- to justify this wrong in childlike fash- ing their nominations. It was a legiti- nents selected only a few cases, ignor- ion with the intellectual crutch of mate complaint and one that my Dem- ing many, they have distorted the ‘‘they did it, too.’’ ocrat colleagues repeat now. Our proc- cases they do cite. S8288 CONGRESSIONAL RECORD — SENATE September 5, 2002 Today, we heard again the stale rhet- Of course, the charge that she is a ju- the abortion clients—not the girls who oric that Justice Owen fails plaintiffs, dicial activist is a cynical trick of come to them but the adult men who from those who are more interested in words from Washington special interest pay for these abortions. These adult being more just to plaintiffs—to make lobbyists, liberal special interest lob- men, whose average age rises the it more to the point, the plaintiff’s byists, as well as their well-funded al- younger the girl is, are eager not to be trial lawyers who are their strong sup- lies in Texas who have made their ca- disclosed to parents, sometimes living porters. reers taking positions without letting down the street. In fact, there are several leading the words of the Constitution stand be- At $1,000 per abortion and nearly 1 cases that Justice Owen’s detractors tween them and their political objec- million abortions per year, the abor- ignore in which she ruled for plaintiffs tives. tion industry is as big as any corporate and against manufacturers and physi- The people of Texas, almost 84 per- interest that lobbies in Washington. cians. Think about it. Sometimes a cent of them, voted for Priscilla Owen They not only ignore the rights of par- company or employer may be right, to be reelected to the State supreme ents, they also protect sexual offenders under the law. Now, I know there are court. So she has the vast majority of and statutory rapists. those on the other side of the aisle who the people of Texas who know what a And who are the lobbyists for the think that just cannot be, as they are high quality person she is. Yet these abortion industry? They are exactly adamantly work on behalf of the plain- people today, the people on the com- the same cast that launched an attack tiff’s trial lawyers. Sometimes busi- mittee, ignored all of that. on Justice Owen. One wonders, as col- nesses are right. Why are they doing so? Ironically umnist Jeff Jacoby did in the Boston Of course, much of the opposition of enough, they are doing so because they Globe: Justice Owen has been driven by inter- do not like the Texas statute requiring Who are the extremists on this issue? est groups that advocate for the right parental notice in cases of abortions Who is out of the mainstream? It is to abortion. And this is becoming tre- for children. Justice Owen voted to certainly not Justice Owen. Eighty-two mendously dominant on the Demo- give the statute some meaning. It was percent of the American people favor cratic side because of these outside a poorly drafted statute where they consent and notice laws such as Justice special interest groups that have im- tried to please everybody, and that is Owen interpreted. In fact, 86 percent in mense power. Millions and millions of always a bad statute. As she explains the State of Illinois favor these laws. dollars are put into People for the in brilliant fashion in her written re- I will say it again. While my col- American Way and other pro-abortion sponses to the questions of Senators, leagues are applying an abortion lit- groups to advocate just this cause. It is Justice Owen sought to find that mean- mus test, the assault against Justice terrifying to have these groups against ing in Supreme Court cases that in- Owen from the outside groups was not you, but it is the right thing to stand formed the Texas legislators in adopt- about abortion rights, it was about up against them when they are wrong. ing the notice law. abortion profits. It is not about a wom- In this case, they have been wrong. This is what any good lawyer would an’s right to an abortion. It is about These groups have said they want assailing parental laws that threaten judges on the bench who will read and try to do or would know to do, let alone a good judge. She sought to give the men who pay for abortions. It is apply and follow the Supreme Court whether parents should at least know— cases in the area of the right of pri- the lower courts in her State that were reaching diverse results, county to not even consent to, but just know vacy, especially in the landmark cases when a minor child is having an abor- of Griswold, Roe, and Casey. Yet here county, Supreme Court guidance. Even Planned Parenthood’s lawyer tion paid for by an adult. we have Justice Owen, the first nomi- But there is another interest at play understood this. She said in a 2000 nee we have considered in this session here. Justice Owen was also opposed by interview: who as a judge read those cases, cited the trial lawyers—I should say the them, quoted them, applied them, has A lot of what the Supreme Court is doing plaintiff’s trial lawyers. It is they who followed them. Yet her record was so is giving guidelines to the lower courts on how to interpret the parental notification keep score over judges and how they distorted as to make it seem she was law. rule on consumer, environmental, and against abortion when, to this day, I personal injury cases, all of the areas Justice Owen’s opponents think a don’t know where she stands on that of the law from which they most profit. minor should always be able to avoid particular issue. And it is the trial lawyers, who most the Texas legislators’ standards. It is Justice Owen researched the case law fund the special interest groups, who the groups allied against Justice Owen of abortion and has faithfully incor- oppose all of President Bush’s nomi- who are the judicial activists here, the porated Supreme Court rulings into her nees. decisions on a related topic in an infe- ones who are looking to achieve in the I have to say, I know a number of rior court. This shows the application courts an outcome that is at odds with these great plaintiff’s lawyers, and a of precedence that should satisfy any- the law passed by the duly elected leg- number of them are very upstanding one interested in upholding the Su- islators of the State of Texas. people. But unfortunately, the vast preme Court’s abortion decisions or The Texas legislature did not pass a majority are more interested in mak- any other decision. It was the right judicial bypass law with some excep- ing sure they can continue to get big thing for her to do because she was tions. They passed a parental notice verdicts than they are in doing what is bound by the law of the land. Frankly, law, and they stated that they intended just. as much as some pro-life people may the court-granted exceptions to be I do not want to malign those who not like that, she upheld the law, rare. And, in fact, in practice they are are decent, honorable plaintiff’s law- which is what she should have done. rare. yers. I was one of those myself, as well Yet here she was defeated this morn- This is what Justice Owen’s oppo- as a defense lawyer. But I could not ing, primarily on that single issue, nents cannot stomach. So here they stomach this type of attitude towards when it really was not an issue. But it are in our midst. But why? The truth is the law that some of them are pushing. was distorted, and it was manipulated, that while my colleagues’ vote are en- In almost infantile fashion, they and it was used against her in, frankly, tirely about an abortion litmus test, I would portray Justice Owen as pro-this a very despicable way. fear the opposition to Justice Owen or anti-that. Professor Victor Of course, Justice Owen’s critics are from the abortion lobby is not at all Schwartz, a leading authority on torts not praising her for following the Su- about abortion rights, because abortion in this country, addresses this in a let- preme Court law. They are attempting rights are affected by a mere notice ter he sent the Judiciary Committee. to portray her as a judicial activist. statute. The opposition to Justice After reviewing Justice Owen’s record, The truth is, she is a judicious judge Owen is not really about abortion this tort law expert concludes that who never digresses from the rules of rights, it is about abortion profits. Justice Owen cannot be described as precedence and legal construction. She Simply put, the abortion industry is pro-defendant or pro-plaintiff. always grounds her decisions in bind- opposed to parental notice laws be- The truth is that Justice Owen func- ing authority or judicial rules of deci- cause parental notice laws place a hur- tions as any judge should, as an unbi- sion. dle between them and the profits from ased umpire. As an umpire, Justice September 5, 2002 CONGRESSIONAL RECORD — SENATE S8289 Owen calls the balls and the strikes as peals. I have to say it should have cause I am outraged about an untruthful and they are, not as she alone sees them taken place in the light of the Senate misleading attack on Justice Priscilla Owen and not as she wants them to be. It is floor and not in the shadows of the Ju- that appeared on today’s New York Times editorial page. I am deeply concerned that silly to suggest she is pro-bat or pro- diciary Committee. such misinformation, if given serious weight ball, pro-pitcher, or pro-batter. Of I fear, as a result of the Owen vote, a by the country’s decisionmakers, could un- course, trial lawyers and those who sword of Damocles has fallen on the dermine the integrity both of the judiciary shill for them have an interest in Jus- Senate in its role of advice and con- and the branch of government in which we tice Owen’s score. sent. I hope the American people will are privileged to serve. As she said in her hearing, she is repair the damage done to the Con- As you know, Justice Owen is a Texas Su- blind to rich or poor without turning a stitution when they vote in November. preme Court Justice whose nomination to the Fifth Circuit Court of Appeals is cur- blind eye to equity. Any Senator who Let me just say that when I ran for rently pending before the Senate Committee met her or who attended her hearing or President, and I was one of those who on the Judiciary. The editorial, entitled who read the letters from those who was in the race with President Bush— ‘‘The Wrong Judge,’’ wrongly accuses Justice know her would not question her com- whom I grew to love and respect as I Priscilla Owen of being ‘‘far from the main- passion and fairness. was running with him or against at the stream.’’ No doubt that charge will stun I hoped that no Senator would cast a time. I thought he was terrific Texas voters, who have twice elected her vote who did not meet her or who did throughout the process. I raised the overwhelmingly to statewide office. It should also shock all of us who serve in Con- not attend the hearing. But unfortu- issue of the importance of keeping the gress and who therefore know that Justice nately I know some did. Federal judiciary independent, how im- Owen, whom the American Bar Association Let’s speak truth to power. Justice portant it is that we get the best peo- has unanimously rated ‘‘well qualified’’ (its Owen was picked to be opposed because ple for these judgeship positions. highest rating), undoubtedly fits well in the she is a friend of President Bush from I have been on this Senate Judiciary mainstream of American thought. If de- Texas. She was opposed by an axis of Committee for 26 years, and I have to feated, Justice Owen will become the first profits. This axis of profits combines tell you I have not seen a better nomi- judicial nominee with the ABA’s highest rat- ing to suffer that fate. the money of trial lawyers and the nee come before the Judiciary Com- The editorial also falsely claims that Jus- abortion industry to fund these Wash- mittee than Priscilla Owen. Of all the tice Owen has ‘‘ignored statutory language ington special interest groups and sitting judges that President Bush has and substituted her own views.’’ In truth, her spreads its influence to the halls of nominated she is the clearly the best. record of applying the law as written is power in Washington and in State Not only is she an honorable person, among the very best of any judicial nominee courts across this country. but she handled herself very well at her ever presented to the Senate. This is particu- As an aside, some estimate that one hearing. She took a litany of bad com- larly true in her decisions concerning the ments from some Democrats with Texas law requiring parental notification of these lobbying groups rakes in some- when their minor children obtain abortions. where between $12 million and $15 mil- aplomb. She was very judicious in her Contrary to the editorial, no one’s right to lion a year from the Hollywood crowd approach. I have to tell you, she is one choose was implicated, only the right of par- and others, especially the trial lawyers of the best people I have met in my ents to have knowledge of, and an oppor- in this country. There is nothing on whole time in the Senate. Yet she was tunity for involvement in, one of the most our side that even comes close to that treated in a shabby fashion—I think important decisions of their children’s lives. to be able to correct the record. just to hurt the President, in some In those cases, Justice Owen did exactly The opposition against Justice Owen ways. what any restrained judge should do: She ap- plied the Texas statutory law as directed by is intended not only to have a chilling But, even more important than that, the Supreme Court’s cases including Roe v. effect on women jurists that will keep it was to satisfy these despicable—in Wade. Ironically, it is Justice Owen’s oppo- them from weighing in on exactly the this case, outside special interest nents—the ones who accuse her of being an sorts of cases that most invite their groups that are extreme and far to the activist—who would have her ignore the leg- participation in their perspectives as left of the American people. They want islature and the Supreme Court in order to women, but also on all judges in all only people who agree with them on reach a political result. State courts who rule on cases that the courts, and do not abide with any- The New York Times uses similarly flawed analysis when it accuses Justice Owen of trial lawyers want to win and cash in body who doesn’t agree with them, and ‘‘reflexively’’ deciding cases in favor of on. they have immense wealth behind ‘‘manufacturers over consumers, employers Today’s vote besmirched a model them to be able to distort the wonder- over workers and insurers over sick people.’’ young woman from Texas who grew up, ful record of a person such as Priscilla This charge is not only factually without worked hard, and did all the right Owen. basis, but also belies the accusation of ‘‘ac- things, including repeatedly answering I ask unanimous consent to have tivism.’’ Only someone obsessed with out- the call of public service at a sacrifice printed in the RECORD a statement of comes—rather than the law governing the particular cases—would be compelled by a Senator ZELL MILLER, a Dear Colleague of personal wealth and family. I might mere counting up wins and losses among par- add, she was one of the top lawyers in letter by myself concerning the New ties who have appeared before a judge. Work- the country. She worked for one of the York Times editorial that I mentioned, ing as a judge is like being an umpire; Jus- top law firms in the country. She was and my published letter to the New tice Owen cannot be characterized as pro- doing very well financially many times York Times published today. this or pro-that any more than an umpire over what she makes as a Texas Su- There being no objection, the mate- can be analyzed as pro-bat or pro-ball. A preme Court justice. She was a single rial was ordered to be printed in the judge’s job is to apply the law to the case at hand, not to mechanistically ensure that mother who was raising her child. She RECORD, as follows: court victories go 50/50 for plaintiffs and de- goes to a church. She is in the choir in MILLER VOICES SUPPORT FOR TEXAS NOMINEE fendants, consumers and corporations. her church and helps to lead the choir. WASHINGTON, DC.—U.S. Senator Zell Miller I endorse the words of my friend Senator She is a decent, honorable person, and (D–GA) today issued the following statement Biden, a former Chairman of the Judiciary she is about as nonpolitical as anybody on judicial nominee Priscilla Owen, whose Committee, who said some years ago that: I have ever seen come before the Sen- nomination is expected to be voted on by the ‘‘[Judicial confirmation] is not about pro-life ate Judiciary Committee. Yet she has Senate Judiciary Committee on Thursday. or pro-choice, conservative or liberal, it is ‘‘Justice Owen enjoys bipartisan support in not about Democrat or Republican. It is been treated very poorly indeed. her home state of Texas, and she is a quali- about intellectual and professional com- Today my Democrat colleagues voted fied jurist. I will support her nomination and petence to serve as a member of the third co- against the American promise—the I believe she deserves a vote by the full Sen- equal branch of the Government.’’ promise that anyone who works hard ate. I really hope we will not begin the trend The New York Times’ attack on Justice can serve the public trust. Such a vote, of rejecting nominees over narrow, single- Owen’s ‘‘lack of sensitivity to judicial eth- in my opinion, should not have taken issue litmus tests.’’ ics’’ is also contrary to the facts. Justice place anywhere but in the light of the Owen went above and beyond the Texas eth- U.S. SENATE, ics rules in her last election, voluntarily set- Senate floor, where 100 Senators would COMMITTEE ON THE JUDICIARY, ting her own stricter guidelines for fund- have the right to determine whether Washington, DC, September 4, 2002. raising. She has also advocated reforming this fine woman should or should not DEAR COLLEAGUE: I am taking the unusual the Texas judicial elections process in order sit on the Fifth Circuit Court of Ap- step of writing to the entire Congress be- to protect the integrity of the courts. S8290 CONGRESSIONAL RECORD — SENATE September 5, 2002 Ironically, the editorial attempts to deploy Mr. HATCH. Mr. President, it is real- LER, of her right to have a vote on the against Justice Owen the words of one of her ly starting to get to me that because of floor and his statement that he would biggest supporters, Alberto Gonzales, Presi- special interest control of this body, vote for her—a Democrat Senator. I dent Bush’s White House Counsel. Judge Gonzales served with Justice Owen on the abortion is becoming a single litmus think he recognizes that this body is Texas Supreme Court and has written pub- test issue on the part of a number of becoming very polarized. It is becom- licly that she is ‘‘extraordinarily well quali- Senators in this body—not all, thank ing a body that may not be a great fied to serve as a judge on the federal appeals goodness, on either side, but a number body anymore, if we keep going this court.’’ Rather than focus on his ringing en- of Senators. It is an important issue. way, because we are polarizing our- dorsement, however, the New York Times in- There are very sincere people on the selves to where single litmus test stead sensationalizes a disagreement that pro-choice side. There are very sincere issues can determine whether or not we Judge Gonzales had not with Justice Owen, people on the pro-life side. Both sides vote and do what is right. but rather with a whole group of judges who filed a dissenting opinion in a case involving deserve consideration and respect. Frankly, we ought to be doing what the Texas parental consent law. When we get to where one single is right regardless of any single litmus Last but not least, the editor5ial blames issue will determine whether a person test issue. I know there are some on the Bush Administration for not getting the can serve in a position in this country, both sides who believed otherwise. But message ostensibly sent by the defeat of such as a Federal judgeship, we know I think they are a distinct minority. Judge Charles Pickering that it should not this country is in trouble; that is, But on the Judiciary Committee on nominate any ‘‘conservatives.’’ It seems to whether it comes on this side or it this issue of abortion, I have to admit imply some connection between Pickering defeat and the nomination of Justice Owen. comes on that side. that it is coming down to the point If the editorial board would have done its I can remember when Reagan was the where it is a prime issue. homework, however, it would have learned President and we had control of the My colleagues on the other side of that Justice Owen was nominated two weeks committees. There was a constant be- the aisle will say they voted for people before Judge Pickering was nominated and rating of us because they thought we who are pro-life. That is true, because ten months before he was defeated by a might have abortion as a single litmus you can only do this so many times to party-line vote in the Judiciary Committee. test issue. The fact of the matter is, we a President’s nominee. You can’t get Justice Owen is an excellent judge. Her opinions, whether majority, concurrences or didn’t. I know the question was never away with it very often. I hope they dissents, could be used as a law school text even asked because I know who did the don’t get away with it with regard to book that illustrates exactly how an appel- betting. He happened to be a former Justice Priscilla Owen. She deserves a late judge should think, write, and do the staff member of mine. He never asked vote on the floor. people justice by effecting their will through that question. They might have I have to say I am reaching a point in the laws adopted by their elected legisla- thought they had somebody who was my tenure here where I am so sick and tures. Justice Owen clearly approaches these pro-life, but they never asked that tired of the politics of this body on ju- tasks with both scholarship and mainstream dicial nominations. I am so sick and American common sense. If the Congress of question. That was not even a consider- the United States cannot, in all its power ation in the questions. They found out tired of the way people are treated and wisdom, detect these qualities and dis- that a number of their people whom here. That is on both sides from time entangle them from the ill-considered asser- they nominated and who were con- to time. I really believe, barring just tions of a powerful newspaper—inspired not firmed were pro-choice. cause, that every President’s nominee by facts but by left-wing Washington special During the Clinton years when I was for the Federal judiciary—at least for interest groups—then our institution is in chairman of the committee, I would the Circuit Courts—ought to be given a trouble. not allow that single litmus test to be vote on the Senate floor regardless of I hope you will join me in informing the American people of the truth surrounding used on our side because I don’t believe what the Senate Judiciary Committee the nomination of Justice Owen and in warn- any single litmus test should be used in does. If the committee votes a person ing them of the grave danger posed by an un- any way with regard to the Federal ju- down, that should be given tremendous informed politicization of the federal judici- diciary. The fact that I might disagree weight; no question about it—in this ary. with a nominee on an issue that is im- case as well. But the fact of matter is Sincerely, portant to me is somewhat irrelevant that at least the Constitution says we ORRIN G. HATCH. unless there are other really justifiable should have a right to consent. And it [From the New York Times, Sept. 5, 2002] reasons for voting against the person. doesn’t mean 10 Senators, it means 100 I am finding that basically justifiable Senators. I believe that would be only THE RIGHT JUDGE reasons depend an awful lot on how the fair way to do it. I really believe it WASHINGTON, DC, much force is brought to bear by out- September 4, 2002. ought to be done whether a President TO THE EDITOR: ‘‘The Wrong Judge’’ (edi- side interest groups who are basically is Republican or Democrat. torial, Sept. 4) accuses Justice Priscilla R. supportive of the pro-abortion side. I I wish I had made that suggestion. I Owen, President Bush’s nominee to the have had folks on other side say it is a did allude to it on more than one occa- United States Court of Appeals for the Fifth litmus test. Thank goodness, not sion on the floor during the last 6 years Circuit, of being ‘‘far from the mainstream.’’ many. of President Clinton’s tenure. No doubt that charge amuses Texas voters, But that is why they wanted to keep I have heard nothing but bad- who have twice elected her overwhelming to Priscilla Owen from coming to the Sen- mouthing about what Republicans did statewide office. You also assert that Justice Owen has ate floor—because Priscilla Owen to President Clinton’s nominees, even ‘‘substituted her own views’’ for the law. In would have passed on the Senate floor, though half of the Federal judiciary fact, her record of applying the law as writ- would serve very well on the Fifth Cir- today are Clinton judges and President ten is among the best of any judicial nomi- cuit Court of Appeals, I think would Clinton himself told me that I treated nee ever presented to the Senate. This is par- please both sides of this body because him fairly. Let me tell you, there is no ticularly so in her decisions concerning the of the very decent person she really is, reason for that. President Reagan got Texas law requiring parental notification because of the great legal scholar she 382 Federal judges through and con- when minors obtain abortions. In these is, and because of the honest and up- firmed. That is the most in history. He cases, the right to choose was not impli- cated, only the right of parents to know. right person she is. had 6 years of a Republican Senate—his Justice Owen applied the Texas law as di- We have lost that opportunity for own party—to help him to do that. rected by the Supreme Court’s cases, includ- this year. But I can tell the American President Clinton got 377 through—vir- ing Roe v. Wade. people that if they will support Presi- tually the same number—and he had 6 You also attack Justice Owen’s ‘‘lack of dent Bush, and if we can get control of years of a Republican Senate, an oppo- sensitivity to judicial ethics.’’ Justice Owen the Senate, Priscilla Owen will make it sition party Senate which helped him went above and beyond the Texas ethics through because she will at least have to do that. I know. I was chairman dur- rules in her last election, voluntarily setting her own stricter guidelines for fund-raising. a vote. I believe she will make it ing those 6 years. He was treated very She has advocated reforming the Texas judi- through. fairly. cial elections process. In that regard, I am very appre- There are always those who do not ORRIN G. HATCH, ciative of the endorsement of the Sen- make it, I have to admit. There is al- Senator. ator from Georgia, Senator ZELL MIL- ways a complaint about that. But that September 5, 2002 CONGRESSIONAL RECORD — SENATE S8291 is true whether it is Republican control So it is time to get this out of the cuit; James Lyons, nominated to the of the committee or Democrat control realm of politics and start doing what Tenth Circuit; and Robert Cindrich, of the committee. I would stack up our is right; and that is, the President has nominated to the Third Circuit. Oth- record on getting Clinton judges a right to nominate, which is the ers, like Allen Snyder, nominated to through against any record of the greater power. We have a right to con- the DC Circuit, were given a hearing Democrats with regard to Reagan or firm or not confirm, but that ought to but was never given a Committee vote, Bush nominees. be done on the Senate floor, not by 10 up or down. These and scores of other Frankly, we are talking about circuit people who basically are, in my opin- nominees of the past President were court nominees here who have been sit- ion, by and large, doing the bidding of defeated by the Republican decision to ting on the nominations list now for these outside groups who have tremen- deny them Committee votes. over a year and half, some of the finest dous sway because of their money. Republicans’ preferred method for nominees in history—just to mention a Mr. President, I yield the floor. ‘‘defeating’’ more than 50 circuit and few, John Roberts is being considered Mr. LEAHY. In less than 15 months district court nominees rated ‘‘highly as a Supreme Court Justice—whether the Judiciary Committee has favorably qualified’’ and ‘‘qualified’’ by the ABA they are Democrats or Republicans. He reported 80 judicial nominees and voted and those with significant professional is one of the two or three top appellate not to report 2. credentials was to deny them hearings lawyers in the country who I don’t Four conservative, Republican and, for some who had hearings, to think has an ideological bent. women have already been reported and deny them Committee consideration. How about Miguel Estrada, the first three have been confirmed by the Sen- To those Senators who are now con- Hispanic to ever be put on the Circuit ate: Sharon Prost to the Federal Cir- tending that the ideology and possible Court of Appeals for the District of Co- cuit; Edith Brown Clement to the 5th activism of judicial nominees should lumbia? I don’t believe he would be Circuit, who was the first nominee to have no place in Senators’ consider- anything but one of the finest judges in the 5th Circuit to get a hearing in ation, I ask them to start by reviewing the country; Michael McConnell, who seven years, since 1994; Julia Smith their own records of opposition to is considered one of the two or three Gibbons to the 6th Circuit, who was the President Clinton’s nominees, includ- greatest constitutional experts in the first nominee to the 6th Circuit to get ing their own votes against nominees country—a law professor. a hearing in almost 5 years; and today professionally qualified. Those who You could go right on down the line. the Committee voted unanimously to voted against Margaret McKeown, Mar- Deborah Cook; Jeffrey Sutton. They report Judge Reena Raggi, who is nom- sha Berzon, Sonia Sotomayor, Rose- have all been sitting there for a year inated to a vacancy on the 2d Circuit. mary Barkett and Merrick Garland, and a half because the Senate Judici- In addition, approximately a dozen Ray Fisher, Richard Paez, William ary Committee will not act on them. more conservative, Republican women Fletcher and Timothy Dyk to the I have a commitment from Senator have already been confirmed to the Courts of Appeals, as well as those who LEAHY, and I am going to rely on that Federal District Courts, including: held up any vote on Allen Snyder, commitment, that he would get Karen Caldwell, E.D. KY; Laurie Smith Bonnie Campbell and the others, could McConnell and Estrada through not Camp, D.C. NE; Karon Bowdre, N.D. ask themselves what standards they only the committee but through the AL; Julie Robinson, D.C. KS; Marcia applied in so doing. The same question floor before the end of this session. We Krieger, D.C. CO; Callie Granade, S.D. can be asked with respect to those who are running out of time. If he did that, AL; Cindy Jorgenson, D.C. AZ; Joan opposed and voted against Margaret certainly I would be very pleased. I Lancaster, D.C. MN; Cynthia Rufe, E.D. Morrow, Gerry Lynch, Mary take him at his word that he will try to PA; Joy Flowers Conti, W.D. PA; and McLaughlin, Ronnie White, Ann Aiken do that. Those are two of the finest Amy St. Eve, N.D. IL. and those who held up any consider- people we could possibly have as judges I appreciate that the Administration ation of Clarence Sundram or Fred in this country. and Republicans are disappointed with Woocher and the scores of nominees I am hopeful that we will have that the outcome of the vote on the nomina- never allowed a hearing. done before the end of this year. It is tion of Priscilla Owen. I want to accord I do not wish to embarrass other Sen- the right thing to do. I hope we can get other Senators respect and, in these ators, but I am struck by how the John Roberts, Sutton, Cook, and others circumstances, some leeway in their statements I have heard today are who have been sitting there for a year comments—even as those comments wholly inconsistent with votes and ac- and half who I think have been very are directed personally at me and other tions in the years in which they were badly treated. There is no reason not, Senators on the Judiciary Committee. delaying, opposing and voting against other than they know how brave all In response to their protestations, as the moderate judicial nominations of a these people are. if there were anything improper in the President on another political party. I suspect they think they can ascer- Judiciary Committee’s consideration I raise this consideration not as a tain how they are going to rule on the of the nomination of Priscilla Owen, I matter of tit for tat, for we have as- bench once they get there. Frankly, note that the salient difference be- siduously avoided payback, but because nobody knows how that is going to tween the vote on Justice Owen and it is Republicans who are trying to work once the person gets a lifetime the six and one-half years that pre- change their history and pretend that appointment. ceded the change in majority is that they did not oppose nominees based on Let me just say again that one-half Justice Owen was given a thorough and what they perceived to be the ideolog- the Federal judiciary are Clinton fair hearing, the Committee had a pub- ical outlook of the nominees. judges. There is little or no reason for lic, open and extensive debate and the I am reluctant to quote my col- any complaint on the other side, even nomination was then voted upon in leagues on the other side of the aisle though, yes, there were some who public session. That was not true for who are saying something very dif- didn’t make it at the end, just as there more than a dozen nominees to vacan- ferent now than they said in the prior are always 50 or more who didn’t make cies on our Courts of Appeals over the six years when they were blocking judi- it who were Republican nominees at last several years—several of which cial nominees, but in light of the at- the end of the first Bush administra- were left pending without a hearing or tacks on the Committee, some context tion. a vote for months and years. Here are is necessary to understand the hollow- By the way, John Roberts was nomi- just a few of those circuit court nomi- ness of the charge that Committee nated by the first President Bush. He is nees with ‘‘Well Qualified’’ peer review members acted unfairly, inappropri- still sitting there. He is one of the two ratings from the ABA that the Repub- ately or in some unprecedented fashion best appellate lawyers in the country lican-controlled Judiciary Committee in their consideration of the nomina- just sitting there for a year and a half. never accorded a vote: tion of Justice Priscilla Owen. I might add that others, as well, have James Duffy, nominated to the Ninth For example, in 1996, one Republican been nominated twice now and are just Circuit; Kathleen McCree-Lewis, nomi- said that he ‘‘led the fight to oppose still sitting there after more than 10 nated to the Sixth Circuit; Enrique the confirmation of [two judges] be- years. Moreno, nominated to the Fifth Cir- cause their judicial records indicated S8292 CONGRESSIONAL RECORD — SENATE September 5, 2002 that they would be activists who would panies so many of President Bush’s cir- That is why I cosponsored Senator legislate from the bench.’’ While we cuit court nominees. Judge Raggi was FEINSTEIN’s ‘‘Military Sniper Weapon may differ on whether a judge’s record reported out unanimously today. In- Regulation Act,’’ S. 505. This bill would evidences judicial activism, Repub- deed, since the change in majority less change the way .50 caliber guns are licans can hardly now be saying that than 15 months ago, the Committee has regulated by placing them under the such inquiry is inappropriate. worked hard to report 80 judicial nomi- requirements of the National Firearms Another Republican Senator argued nees to the Senate. They include a Act. This action would subject these in 2000 in defense of his record of stall- number of very conservative judges. weapons to the same regimen of reg- ing Senate consideration of judicial I have made suggestions to the White istration and background checks to nominees voted out of the Judiciary House for improving the nominations which other weapons of war, such as Committee that having ‘‘strong quali- and confirmations processes but those machine guns, are currently subjected. fications and personal attributes,’’ suggestions continue to be rebuffed. I This is a necessary step to assuring the being ‘‘fine lawyers [who] are tech- wish the White House would work with safety of Americans. nically competent’’ was not the test. us rather than stridently insist on Mr. President, .50 caliber weapons are He said then: ‘‘My concern is with their seeking to skew the federal courts too powerful and too accessible to be judicial philosophies and their likely ideologically. ignored. Tighter regulations are need- activism on the court. . . . Judicial ac- f ed. I urge my colleagues to support tivism is a fundamental challenge to Senator FEINSTEIN’s bill. LOCAL LAW ENFORCEMENT ACT our system of government, and it rep- f resents a danger that requires constant OF 2001 COMMEMORATING SGT. FIRST vigilance.’’ He went on to say that the Mr. SMITH of Oregon. Mr. President, CLASS CHRISTOPHER JAMES Senate should not defer to the Presi- I rise today to speak about hate crimes SPEER dent ‘‘if there is a problem with a se- legislation I introduced with Senator ries of decisions or positions [judicial KENNEDY in March of last year. The Mr. DOMENICI. Mr. President, as we nominees] have taken.’’ Local Law Enforcement Act of 2001 meet here just days from the anniver- Another Republican Senator said in would add new categories to current sary of the terrorist attacks on our 1998 that the Republicans were ‘‘not hate crimes legislation sending a sig- country, it is my sad duty to report abusing our advise and consent power. nal that violence of any kind is unac- that another of my statesmen has lost As a matter of fact, I don’t think we ceptable in our society. his life in the war on terror. Sergeant have been aggressive enough in uti- I would like to describe a terrible First Class Christopher James Speer, a lizing it to ensure that the nominees to crime that occurred in August 2001 in former resident of Albuquerque, NM, the Federal Bench are mainstream St. Paul, MN. Two men leaving a Ku died on August 7, 2002 as a result of nominees.’’ Klux Klan rally attacked a four year wounds he sustained during a firefight Yet another Republican said in 1994: old boy of mixed race. The attackers with suspected terrorists in Afghani- ‘‘My decision on a judicial nominee’s pushed the boy off his bicycle, yelled stan. Today, I want to take a few mo- fitness is based on my evaluation of racial epithets, and punched the child ments to convey my condolences to the three criteria: character, competence in the side of the head. Speer family, and to talk a little bit and judicial philosophy—that is, how I believe that Government’s first about who this special young man was. the nominee views the duty of the duty is to defend its citizens, to defend Christopher Speer was a 1992 grad- court and its scope of authority.’’ them against the harms that come out uate of Sandia High School in Albu- There are numerous other examples, of hate. The Local Law Enforcement querque. Upon graduation, he enlisted of course, but these suffice to make the Enhancement Act of 2001 is now a sym- in the United States Army and became point. bol that can become substance. I be- a medical specialist. In 1994, he volun- I ask that my full statement in oppo- lieve that by passing this legislation teered for and was selected for Special sition to the nomination of Justice and changing current law, we can Forces training. After completing this Owen from the Judiciary Committee change hearts and minds as well. training, he was assigned to the 3rd consideration be included in the f Special Forces Airborne Group at Fort RECORD at the end of these remarks. It Bragg, North Carolina where he served focuses on the merits of the nomina- SITTING DUCKS as a medical sergeant. Last spring, tion, as did Senator FEINSTEIN, Senator Mr. LEVIN. Mr. President, last week Christopher was sent to Afghanistan as KENNEDY, Senator SCHUMER, Senator the Violence Policy Center, VPC, re- part of a Joint Special Operations task DURBIN and Senator DEWINE. A few of leased a report entitled Sitting Ducks force. the statements in the two-hour debate detailing the danger of the .50 caliber On July 27th of this year, Christopher before the Committee were not helpful sniper rifle as a terrorist threat to, took part in a U.S. operation aimed at to a reasoned debate, but by and large among other things, refineries and haz- confirming intelligence about enemy the Committee debate was on the mer- ardous-chemical facilities. According activities in one of the most dangerous its. That followed an extensive hearing, to the VPC’s report, the .50 caliber parts of Afghanistan. During that oper- that lasted six hours, which Senator sniper rifle, equipped with explosive or ation, our troops were ambushed and a FEINSTEIN chaired fairly and patiently. armor-piercing ammunition, is capable four-hour gunbattle ensued. During A thorough hearing and a fair vote is of hitting a target accurately from this battle, five American personnel what Justice Owen’s nomination re- more than a thousand yards away mak- were wounded, and one of them—Chris- ceived from the Committee. ing it well suited to attack fuel tanks topher Speer—lost his life. For his The name-calling, threats, tactics of and other high-value targets from a valor and ten years of dedicated service intimidation and retaliation are not distance. to country Christopher received the helpful to the process. Holding up im- The VPC report highlights the dan- Soldier’s Medal, the Bronze Star with portant legislative initiatives is harm- ger of a .50 caliber sniper rifle being ‘‘V’’ device, the Purple Heart, the De- ful. Holding up ‘‘the comma bill’’ and used in a simple conventional attack fense Meritorious Service Medal, the threatening Democrats that they will with potentially disastrous results. Meritorious Service Medal, the Army be barred from Air Force One are silly. The weapon is not only readily avail- Commendation Medal and two Army Today the Senator Judiciary Com- able, ‘‘low technology’’, but a .50 cal- Achievement Medals. mittee reported a conservative Repub- iber sniper rifle is so powerful that it In addition to patriot, Christopher lican nominee to the Senate for a va- has been said to be able to wreck sev- was very much a family man, as well. cancy on a Court of Appeals. This eral million dollars’ worth of jet air- And for those family members who nominee, Judge Reena Raggi, was first craft with one or two dollars’ worth of knew him best and loved him most, appointed by President Reagan and she ammunition. this September 9th will be especially came before the Committee with Despite its obvious power, under cur- difficult. Because on that day, Chris- strong bipartisan support and without rent law .50 caliber sniper rifles are no topher was to have turned 29 years old. the divisive controversy that accom- more regulated than hunting rifles. To Tabitha, his wife; to Taryn and September 5, 2002 CONGRESSIONAL RECORD — SENATE S8293 Tanner, his children; and to Betty, his years at the time of expatriating. In The milestone to which I refer is the mother, Nancy and I sent heartfelt the second case, the deemed rule ap- successful removal of enough weapons- prayers on behalf of all New Mexicans plies if net worth of the expatriate ex- grade uranium from the Vinca Insti- as well as the appreciation of a grateful ceeds $500,000. In the case of corpora- tute of Nuclear Sciences near Belgrade, nation. tions, the appreciation in assets trans- Yugoslavia to make more than two nu- f ferred offshore is taxable at the time of clear bombs. This removal was accom- transfer. plished through coordination among EXPATRIATING AMERICA TO So, Mr. President, it is clear that, government and private groups, includ- AVOID U.S. INCOME TAXES under our current tax policy, individ- ing contributions from Yugoslavia and Mr. GRASSLEY. Mr. President, my uals and corporations that attempt to Russia, the International Atomic En- friend and colleague from Texas, in a either leave or transfer assets are tax- ergy Agency, and the Nuclear Threat debate on Senator WELLSTONE’s gov- able when they leave the U.S. Frankly, Initiative. ernment contracting amendment, criti- the Finance Committee views the so- I especially salute the contributions cized a proposal the Finance Com- called ‘‘inversion’’ transactions as a made by the Nuclear Threat Initiative, mittee was scheduled to markup today. loophole that undercuts current law headed by Ted Turner and our former The Senior Senator from Texas charac- principles. It is on that basis, closing colleague Senator Sam Nunn. This epi- terized the proposal as an effort at an insidious loophole, that the Finance sode represents another critical effort ‘‘passing laws that sound like they’re Committee recently reported legisla- from the NTI. I’m very honored to right out of Nazi Germany.’’ Senator tion to curtail inversion transactions. serve on the Board of the NTI, along Similarly, in 1995 and 1996, the Fi- GRAMM went on to criticize: ‘‘(t)he idea with Senator LUGAR. There will always nance Committee, and full Senate, that somebody can’t leave America and be aspects of international efforts that sought to plug the loophole on the indi- take their property with them, that are difficult to handle through govern- vidual expatriation level. A proposal they’ve got to pay a tax in order to get ment channels, where the private re- virtually identical to the one criticized their property out of America.’’ sources of the NTL may be vital. Mr. President, as the ranking Repub- by Senator GRAMM today, was passed, But even as we congratulate our- lican member of the Finance Com- on several occasions during those two selves over this victory, we need to rec- mittee and a participant in crafting years. That proposal did not become ognize that it is very small in the over- this provision, I felt compelled to re- law because the Senate, with much re- all scale of the problem. Estimates are spond. First of all, I’m proud to serve luctance, receded to the House in con- that weapons-grade uranium exists at on the Finance Committee. When ference. The House proposal aimed to over 350 sites in over 50 countries. someone characterizes a bipartisan Fi- tighten the 10 year rule. Some of these have very small quan- nance Committee proposal as some- The Chairman and Ranking Member tities, but many of these locations thing ‘‘right out of Nazi Germany,’’ I’m have revived the Finance Committee have enough material for one or more going to be disturbed. expatriation proposal because of con- bombs. Some of these sites include re- Tax-motivated expatriation activi- cerns about the effectiveness of current search reactors, provided by either the ties are something that troubles me. law. In fact, the Joint Committee on United States or the Soviet Union, All you have to do is look at the infa- Taxation’s estimate of this proposal fueled by highly enriched uranium mous case of Marc Rich. You will recall appears to confirm that the long-stand- which could be diverted for weapons Mr. Rich’s case came to light in the ing tax policy with respect to indi- use. rush of pardon applications during the vidual expatriation will be better waning hours of the Clinton Adminis- served by the Finance Committee ap- And we also need to examine why it tration. Mr. Rich reportedly left the proach. required such complex coordination to Under the Finance Committee pro- U.S. to avoid U.S. taxation and sought accomplish this work and explore how posal, individuals that expatriate a pardon with respect to criminal in- Congress can simplify the process in would, as the Senator from Texas said, dictments on, among other things, the future. This part of the puzzle has be taxable on gain in appreciation in criminal tax charges. a much simpler solution, because the Mr. President, there is a major prin- U.S. assets when they leave America. tools to accomplish this are now part This proposal would replace the cur- ciple at stake here. A key premise in of the Senate-House conference on the rent law regime described above. The our tax system is that those individ- Armed Services authorizing legisla- Finance Committee proposal, is hardly uals and corporations that derive fi- tion. ‘‘right out of Nazi Germany.’’ It nancial benefits from economic activ- Let me briefly explain why the Vinca strengthens long-standing tax policy. ity that is, as the tax law says, ‘‘effec- operation required so much coordina- The Senate has spoken favorably on it tively connected’’ with the United tion. The Yugoslavian government on many occasions. very logically required that any Vinca States, should be taxable on that in- So, Mr. President, let’s keep our eye come no matter where their domicile solution address both fresh fuel and on the ball. Current law, not a putative spent fuel from their research reactor. is. Any alternative to this concept Nazi regime, preserves the fairness of would result in U.S. persons bearing a The fresh fuel was highly enriched ura- U.S. tax system. The Finance Com- nium, and our government was able to larger burden of Federal taxation than mittee proposal makes sure the fair- a foreign person earning a livelihood assist because it represented a pro- ness of the U.S. tax system is strength- liferation threat for weapons of mass here. America and her major trading ened by closing loopholes. partners recognize this principle. It is destruction. That cooperation is au- f reflected in the tax laws of our trading thorized through the 1991 Nunn-Lugar partners and the international tax SUCCESS AT VINCA and the 1996 Nunn-Lugar-Domenici treaty network. Mr. DOMENICI. Mr. President, I rise Legislation. Let’s take a look at current law. For to remind my colleagues that an im- But the spent fuel at Vinca, which is individuals that expatriate, an income portant milestone in our progress to- not useful for making a nuclear weap- tax is imposed on appreciation in the ward reducing the risks of proliferation on, could pose both an environmental assets of the expatriate, on a 10 year of weapons of mass destruction took concern as well as a dirty bomb threat, going forward basis, if the expatriate is place about 2 weeks ago. depending on its level of radioactivity. leaving the U.S. with the ‘‘principal Events like September 11 would have The former represents work that is purpose’’ of avoiding U.S. income tax. been far worse if terrorists had access clearly beyond the authorization of our For purposes of this current law rule, to weapons of mass destruction. Since Government’s nonproliferation mission expatriates are deemed to have expa- September 11, appreciation of this and the latter represents work that is triated with a principal purpose of threat has increased dramatically. not authorized. avoidance of U.S. income tax in two Many of us have spoken on the need to Now since September 11, there have cases. In the first case, the deemed rule rein in the forces of international ter- been volumes of testimony on the applies if the expatriate had, on aver- rorism and any possibility that they threat posed by highly radioactive ma- age, $100,000 of net income, for the five may gain the use of such weapons. terials and their potential use as dirty S8294 CONGRESSIONAL RECORD — SENATE September 5, 2002 bombs. But today, despite these con- more than a 100 million acres that are Navy nurses stationed at Bataan were cerns, there are no statutes which ad- administered by four Federal agencies: evacuated to Corregidor as a safety dress the government’s authority to the Forest Service in the U.S. Depart- precaution. However, shortly after offer help to other countries regarding ment of Agriculture, and the Bureau of being moved, Japanese troops stormed dirty bomb threats. Land Management, the Fish and Wild- the small island and captured 20 of the I am pleased to note that the Domen- life Service, and the National Park 85 nurses, including Earleen Allen ici-Biden amendment to the Senate Service in the Department of the Inte- Francis. For three long and grueling Armed Services legislation provides rior. years, Earleen and the 19 other nurses authorizations to enlarge the ability of As we in this body know well, the were starved and locked up by their the government to step into such situa- passage and enactment of legislation of captors. Their freedoms were stripped tions. With final passage of that this type is a remarkable accomplish- from them in the blink of an eye. In amendment in the Armed Services leg- ment. It requires steady, bipartisan many ways, Earleen never quite recov- islation, we can provide important new commitment, institutional support, ered from this horrific time period in tools to our government. and direct leadership. The United her life. Under that amendment, programs to States Senate was instrumental in Ms. Francis’ story has been told in address dirty bomb issues are specifi- shaping this very important law, and books and on television and she was cally authorized, including assistance this anniversary gives us the oppor- even honored by President Reagan in to any country requesting our aid. And tunity to recognize this role. 1983 for her service to America. It is of equal importance, programs to I have been very pleased to see this important that her story continues to broaden our ability to address fissile body return to the tradition of desig- be told. material issues around the world, not nating wilderness since the 35th anni- I believe it is vital that we as a na- just associated with the former Soviet versary of the act in 1999. The 106th tion never forget about heroes like Union, are authorized along with new Congress passed, and President Clinton Earleen Allen Francis. Sometimes, we approaches to speed up the conversion signed, a total of eight wilderness bills are forced to fight and die for our free- of highly enriched uranium to material adding more than 1 million acres of dom and the continuation of our unusable for weapons. public land to the National Wilderness unique way of life. Ms. Francis person- Even with this amendment, I am sure Preservation System. This is the larg- ally sacrificed a large portion of her there will be many opportunities for est number of acres of wilderness added life to ensure that future generations private groups, like the NTI, to step in to the system since 1994 and is a stark of Americans are able to enjoy the free- contrast to the 105th Congress, which and plug gaps in Government pro- doms she had stripped away from her did not enact any wilderness designa- for 3 years. grams. But with this amendment, we tions. Now more than ever, we must learn will vastly simplify future operations While the 107th Congress may not from the sacrifices others have made. at the hundreds of remaining sites. surpass the wilderness achievements of Terrorist states and organizations The Domenici-Biden amendment en- the 106th, there are a number of wilder- around the globe are striving to take joyed broad support in the Senate, and ness bills pending in the 107th Con- the word freedom out of America’s vo- I appreciate that Senators LUGAR, gress, several of which are likely to be- cabulary. These terrorists view the LANDRIEU, HAGEL, CARNAHAN, MUR- come law before the end of the year. world in simple terms of black and KOWSKI, BINGAMAN, and LINCOLN joined The designation of the James Peak white; Islam is on the good side, and us in introducing it. Wilderness in Colorado and additions the infidels—America, Israel, and the It is my hope that the success at to the Black Elk Wilderness in South entire Western World—are on the bad Vinca, along with the sobering realiza- Dakota have already been approved by side. Freedom and democracy don’t al- tion that we need to repeat this success Congress and signed into law by Presi- ways come easy. We sometimes have to hundreds of times to fully address the dent Bush. Bills designating new wil- fight for what we believe in and stand threat of proliferation of materials derness areas in Washington, Nevada, for. suitable for nuclear bombs, will en- and Puerto Rico are likely to move for- I ask that my fellow Senators join courage the Conferees from both the ward this fall, while others, such as me in honoring Earleen Allen Francis House and the Senate to ensure that those to designate wilderness in Wash- for her sacrifice and commitment to provisions of the Domenici-Biden ington State and California, may see America—the land of the free.∑ amendment are in the Armed Services hearings or other congressional action. f authorization bill that will eventually Many would agree that more must be emerge from Conference. done to protect our wild places, but IN RECOGNITION OF THE MARIN CONSERVATION CORPS f much has been done already. In com- ∑ Mrs. BOXER. Mr. President, I rise to ADDITIONAL STATEMENTS memoration of anniversaries like this one, the Senate should celebrate our recognize the achievements of the accomplishment, on behalf of the Marin Conservation Corps, MCC, the THE 38TH ANNIVERSARY OF THE American people, in the protection of oldest local, private, non-profit con- WILDERNESS ACT these wild places.∑ servation corps in the United States. Twenty years ago the winter of 1982 f ∑ Mr. FEINGOLD. Mr. President, brought severe flooding to much of today, I commemorate the 38th HONORING EARLEEN ALLEN Marin County. Concerned citizens led Anniversary of the Wilderness Act of FRANCIS by Richard Hammond took action by 1964, which was signed into law on Sep- ∑ Mr. BUNNING. Mr. President, I have going out and battling the winter tember 3, 1964, by President Lyndon B. the privilege and honor of rising today storms and working to protect the Johnson. The Wilderness Act of 1964 es- to recognize Ms. Earleen Allen Francis neighborhoods and natural habitats tablished a National Wilderness Preser- of Clinton, KY. Last month, Ms. that were at risk. Since I was a mem- vation System ‘‘to secure for the Francis was presented with a certifi- ber of the Marin Board of Supervisors American people of present and future cate of honor for her military service at that time, I well remember them. generations the benefits of an enduring as an Army Nurse during WWII by the From this community effort the resource of wilderness.’’ The law re- Kentucky Department of Veteran Af- Marin Conservation Corps was born. It serves to Congress the authority to fairs. identified its mission as developing the designate wilderness areas, and directs Ms. Francis, now 91 years young, is youth of Marin County by providing the Federal land management agencies among fewer than 20 survivors of the meaningful employment, education to review the lands under their respon- group of about 60 Army and Navy and training opportunities through sibility for their wilderness potential. nurses captured by Japanese forces projects that conserve natural re- The original Wilderness Act estab- after the fall of Corregidor, a small for- sources, deliver human services and re- lished 9.1 million acres of Forest Serv- tified island in the Philippines. spond to public emergencies. ice land in 54 wilderness areas. Now, In 1942, Japanese troops advanced on In the 20 years since its founding, the wilderness system is comprised of the Bataan peninsula. The Army and more than 3,000 corps members have September 5, 2002 CONGRESSIONAL RECORD — SENATE S8295 participated in environmental service the past twenty-seven years, many of FARRAGUT NAVAL TRAINING and educational programs. Youth and the survivors and their families have STATION young adults between the ages of 11 immigrated to the United States and ∑ Mr. CRAIG. Mr. President, I rise and 30 receive service and educational many Laotian families currently reside today to recognize the 60th anniversary opportunities. Participants in MCC in my home state of Michigan. The of the Farragut Naval Training Sta- may earn their high school diplomas transition to the United States has not tion. through the MCC charter school, enroll been easy for many of these immi- Mr. President, over the past year, in AmeriCorps programs or pursue life- grants, but like many other immigrant Americans have rediscovered the im- long learning programs, gaining valu- groups they have grown and prospered portance of our military and renewed able education and job training while in their new home. It is important that their patriotism for our country. I am learning the importance of community we demonstrate our appreciation for sure these were not reactions the ter- service. the courageous actions of the Laotian rorists desired. Community service projects have in- people. We were once again reminded that cluded building and maintaining Marin The Lao Veterans of America, Michi- millions of our fellow Americans have County’s hiking trails, clearing and gan Chapter, their families, friends, fought, and many died, for the free- disposing of highly flammable brush and supporters will gather on Satur- doms we enjoy. Freedoms our Founding throughout Marin to prevent fire haz- day, September 7, 2002, to commemo- Fathers found to be self-evident—free- ards, teaching environmental edu- rate Lao Veterans of America Day. I doms we have been fighting to retain cation classes to thousands of students know that my Senate colleagues will ever since, here and abroad. in the Marin County public schools, re- join me in saluting the Lao veterans’ World War II was one of the most sig- storing and clearing creeks and water- brave and heroic efforts and in recog- nificant of those fights, and this Satur- ways to prevent flooding, establishing nizing their actions on behalf of the day, in Idaho, we are looking back and ∑ recycling programs, and collecting cause of freedom. recognizing the contribution Farragut over one million pounds of recyclables f Naval Training Station made to our ef- from approximately 250 bins that MCC forts. At Farragut, the U.S. Navy built members have built and placed CELEBRATED ARTIST AND NATIVE the second-largest naval training facil- throughout the county. TENNESSEAN HUBERT SHUPTRINE ity in the world. Representative of the In the year 2000 the California Char- ∑ work ethic evident across America dur- ter Academy presented its ‘‘Out- Mr. FRIST. Mr. President, it is a ing WWII, 22,000 men, many of them standing Program Award’’ to the Marin wellspring of pride for the people of Idahoans, united together and built 776 Conservation Corps, recognizing MCC’s Tennessee that Hubert Shuptrine is a facilities across 4,000 acres in just 9 exceptional education program. Pro- native son. Born in Chattanooga in 1936 months. grams such as the Marin Conservation and graduated from the University of Then, in just 15 months, Farragut Corps enrich our people and our com- Chattanooga in 1959 with a degree in trained nearly 300,000 recruits to be munities and provide a model for simi- fine arts painting, Shuptrine is one of sailors. lar efforts across our land.∑ the most celebrated American painters and watercolorists of the last several This Saturday, September 7, 2002, f decades. many of those graduates and personnel CELEBRATION OF LAO VETERANS From the Low Country of the Caro- will be returning to celebrate the 60th OF AMERICA, MICHIGAN CHAP- linas to the Hill Country of Texas to anniversary of Farragut Naval Train- TER, DAY the Great Smoky Mountains of Ten- ing Station. ∑ Mr. LEVIN. Mr. President, this week- nessee, Hubert Shuptrine’s paintings Just like 60 years ago, they will come end the Lao Veterans of America, have captured the rustic beauty of the from all corners of the country and will Michigan Chapter, will gather to com- American South. His love for the peo- arrive with varied memories and expec- memorate Lao Veterans of America ple of these places—and the places tations. But, one thing is for sure, they Recognition Day. This tribute is an ex- themselves—shines so strongly that will all come because their experience cellent opportunity to show our appre- one cannot help but share his affection. at Farragut affected their lives in pro- ciation of the Lao people’s courageous What lends such power to Shuptrine’s found ways. efforts during the Vietnam War, their paintings is that they are not conjured I am proud and grateful for the men love of the United States and their self- from his mind, but grounded in truth. and women who trained and served at less heroism. He traveled more than 15,000 miles to Farragut Naval Training Station. During the Vietnam War, thousands meet and talk with the people of the Their sacrifice for our freedoms is of Hmong and Laotian soldiers fought South when illustrating his first and priceless. As the years go by, fewer and alongside the American forces as part highly successful book, Jericho: The fewer veterans of WWII are around to of the United States Secret Army. In South Beheld. hear our thanks. For those who are, I fact, the American public only recently With a stroke of light, a sliver of hope they hear us loud and clear: learned about the Lao people’s coura- shadow or a strategically placed prop, Thank you. We are all so grateful.∑ geous efforts throughout the conflict in Shuptrine sketches the life stories of Vietnam. The Lao veterans served his subjects. They are pure, simple and f bravely and selflessly from 1961 to 1975 unrushed people—a former field hand MESSAGES FROM THE PRESIDENT as they risked their lives to avert the resting on her front porch, a widower spread of Communism throughout the centenarian living off his land, a bas- Messages from the president of the region. They not only fought willingly ket weaver practicing her craft. United States were communicated to and valiantly alongside United States Shuptrine’s wife, Phyllis, once said, the Senate by Ms. Evans, one of his forces to prevent the North Vietnamese ‘‘A good portrait is like a biography.’’ secretaries. Army from entering South Vietnam, Clearly Hubert Shuptrine has adhered but also proved to be invaluable in the to this code throughout his career. He f effort to rescue downed American sol- is an exceptional biographer not only diers in the region. Their heroic ac- of people of the South, but the South EXECUTIVE MESSAGES REFERRED tions saved countless American lives. itself. As in executive session the PRE- The Lao Veterans and their families Though the South has changed irre- SIDING OFFICER laid before the Sen- deserve our highest respect and grati- versibly since Jericho was published ate messages from the President of the tude. nearly 30 years ago, the truth and United States submitting sundry nomi- It is estimated that at least 35,000 beauty of the people and places of that nations and a treaty which were re- Laotian people lost their lives during time will never be lost. For it has been ferred to the appropriate committees. the Vietnam War. Over 50,000 Lao were captured and will be honored in per- (The nominations received today are wounded and thousands more are still petuity by a native son of Tennessee, printed at the end of the Senate pro- listed as missing in action. Throughout Hubert Shuptrine.∑ ceedings.) S8296 CONGRESSIONAL RECORD — SENATE September 5, 2002 MESSAGES FROM THE HOUSE commit to the love and expression of musi- Part 65) received on August 15, 2002; to the cal performance; to the Committee on the Committee on Banking, Housing, and Urban At 12:25 p.m., a message from the Judiciary. Affairs House of Representatives, delivered by EC–8534. A communication from the Gen- f Ms. Niland, one of its reading clerks, eral Counsel, Federal Emergency Manage- announced that the House has passed EXECUTIVE AND OTHER ment Agency, transmitting, pursuant to law, the following bills, in which it requests COMMUNICATIONS the report of a rule entitled ‘‘Changes in the concurrence of the Senate: Flood Elevation Determinations’’ (Doc. No. The following communications were FEMA–D–7525) received on August 15, 2002; to H.R. 1070. An act to amend the Federal laid before the Senate, together with the Committee on Banking, Housing, and Water Pollution Control Act to authorize the accompanying papers, reports, and doc- Urban Affairs. Administrator of the Environmental Protec- uments, which were referred as indi- EC–8535. A communication from the Assist- tion Agency to carry out projects and con- cated: ant to the Federal Reserve Board, transmit- duct research for remediation of sediment ting, pursuant to law, the report of a rule en- contamination in areas of concern in the EC–8526. A communication from the Ad- titled ‘‘Amendment to Regulation T (‘‘Credit Great Lakes, and for other purposes. ministrator, Agricultural Marketing Serv- by Brokers and Dealers’’); List of Foreign H.R. 3287. An act to redesignate the facil- ice, Fruit and Vegetable Programs, Depart- Margin Stocks’’ received on August 19, 2002; ity of the United States Postal Service lo- ment of Agriculture, transmitting, pursuant to the Committee on Banking, Housing, and cated at 900 Brentwood Road, NE, in Wash- to law, the report of a rule entitled ‘‘Or- Urban Affairs. ington, D.C., as the ‘‘Joseph Curseen, Jr. and anges, Grapefruit, Tangerines, and Tangelos EC–8536. A communication from the Assist- Thomas Morris, Jr. Processing and Distribu- Grown in Florida; Removing Dancy and Rob- ant General Counsel for Regulations, Office tion Center’’. inson Tangerine Varieties from the Rules of the Secretary, Department of Housing and H.R. 5012. An act to amend the John F. and Regulations’’ (Doc. No. FV02–905–3 IFR) Urban Development, transmitting, pursuant Kennedy Center Act to authorize the Sec- received on August 12 , 2002; to the Com- to law, the report of a rule entitled ‘‘Public retary of Transportation to carry out a mittee on Agriculture, Nutrition, and For- Housing Agency Plans: Deconcentration— project for construction of a plaza adjacent estry. Amendment to ‘‘Establishment Income to the John F. Kennedy Center for the Per- EC–8527. A communication from the Ad- Range’’ Definition’’ (RIN2577–AC31) received forming Arts, and for other purposes. ministrator, Agricultural Marketing Serv- on September 3, 2002; to the Committee on H.R. 5207. An act to designate the facility ice, Fruit and Vegetable Programs, Depart- Banking, Housing, and Urban Affairs. of the United States Postal Service located ment of Agriculture, transmitting, pursuant EC–8537. A communication from the Assist- at 6101 West Old Shakopee Road in Bloom- to law, the report of a rule entitled ‘‘Fluid ant General Counsel for Regulations, Office ington, Minnesota, as the ‘‘Thomas E. Bur- Milk Promotion Order; Final Rule’’ (Doc. No. of the Secretary, Department of Housing and nett, Jr. Post Office Building’’. DA–02–02) received on August 12, 2002; to the Urban Development, transmitting, pursuant H.R. 5308. An act to designate the facility Committee on Agriculture, Nutrition, and to law, the report of a rule entitled ‘‘Admin- of the United States Postal Service located Forestry. istrative Wage Garnishment’’ (RIN2501–AC85) at 301 South Howes Street in Fort Collins, EC–8528. A communication from the Ad- received on September 3, 2002; to the Com- Colorado, as the ‘‘Barney Apodaca Post ministrator, Agricultural Marketing Serv- mittee on Banking, Housing, and Urban Af- Offcice’’. ice, Fruit and Vegetable Programs, Depart- fairs. ment of Agriculture, transmitting, pursuant EC–8538. A communication from the Assist- The message also announced that the to law, the report of a rule entitled ‘‘Milk in ant General Counsel for Regulations, Office House has agreed to the following con- the Mideast Marketing Area—Interim of the Secretary, Department of Housing and current resolution: Order—Implements the Amendments to the Urban Development, transmitting, pursuant H. Con. Res. 183. Concurrent resolution ex- Mideast Milk Order. Has Received Producer to law, the report of a rule entitled ‘‘Tem- pressing the sense of Congress regarding the Approval’’ (Doc. No. DA–01–04; AO–361–A35) porary Assistance for Needy Families United States Congressional Philharmonic received on August 12, 2002; to the Com- (TANF) Program; Conforming Changes to Society and its mission of promoting musi- mittee on Agriculture, Nutrition, and For- Annual Income Requirements for HUD’s cal excellence throughout the educational estry. Public Housing and Section 8 Assistance system and encouraging people of all ages to EC–8529. A communication from the Ad- Programs’’ (RIN2501–AC77) received on Sep- commit to the love and expression of musi- ministrator, Agricultural Marketing Serv- tember 3, 2002; to the Committee on Bank- cal performance. ice, Fruit and Vegetable Programs, Depart- ing, Housing, and Urban Affairs. EC–8539. A communication from the Assist- At 1:36 p.m., a message from the ment of Agriculture, transmitting, pursuant to law, the report of a rule entitled ‘‘Raisins ant General Counsel for Regulations, Office House of Representatives, delivered by Produced from the Grapes Grown in Cali- of the Secretary, Department of Housing and Ms. Niland, one of its reading clerks, fornia; Decrease in Desirable Carryout Used Urban Development, transmitting, pursuant to law, the report of a rule entitled ‘‘Imple- announced that the House has passed to Compute Trade Demand’’ (Doc. No. FV02– mentation of the Electronic Freedom of In- the following bill, in which it requests 989–6 IFR) received on August 12, 2002; to the formation Act’’ (RIN2508–AA12) received on Committee on Agriculture, Nutrition, and the concurrence of the Senate. September 3, 2002; to the Committee on Forestry. H.R. 4727. An act to reauthorize the na- Banking, Housing, and Urban Affairs. tional dam safety program, and for other EC–8530. A communication from the Ad- EC–8540. A communication from the Assist- purposes. ministrator, Agricultural Marketing Serv- ant General Counsel for Regulations, Office ice, Fruit and Vegetable Programs, Depart- f of the Secretary, Department of Housing and ment of Agriculture, transmitting, pursuant Urban Development, transmitting, pursuant MEASURES REFERRED to law, the report of a rule entitled ‘‘Papayas to law, the report of a rule entitled ‘‘Re- Grown in Hawaii; Suspension of Regula- The following bill was read the first quirement of HUD Approval Before a Grant- tions’’ (Doc. No . FV02–928–3 FR) received on ee May Undertake CDBG-Assisted Demoli- and the second times by unanimous August 12, 2002; to the Committee on Agri- tion of HUD-Owned Housing Unit’’ (RIN2506– consent, and referred as indicated. culture, Nutrition, and Forestry. AC10) received on September 3, 2002; to the H.R. 1070. An act to amend the Federal EC–8531. A communication from the Gen- Committee on Banking, Housing, and Urban Water Pollution Control Act to authorize the eral Counsel, Federal Emergency Manage- Affairs. Administrator of the Environmental Protec- ment Agency, transmitting, pursuant to law, EC–8541. A communication from the Presi- tion Agency to carry out projects and con- the report of a rule entitled ‘‘Final Flood dent of the United States, transmitting, pur- duct research for remediation of sediment Elevation Determination’’ (44 CFR Part 67) suant to law, the Periodic Report on the Na- contamination in areas of concern in the received on August 15, 2002; to the Com- tional Emergency with Respect to Terrorist Great Lakes, and for other purposes; to the mittee on Banking, Housing, and Urban Af- Who Threaten to Disrupt the Middle East Committee on Environment and Public fairs Peace Process that was declared in Execu- Works. EC–8532. A communication from the Gen- tive Order 12947 of January 23, 1996; to the H.R. 4727. An act to reauthorize the na- eral Counsel, Federal Emergency Manage- Committee on Banking, Housing, and Urban tional dam safety program, and for other ment Agency, transmitting, pursuant to law, Affairs. purposes. the report of a rule entitled ‘‘Final Flood EC–8542. A communication from the Presi- Elevation Determinations’’ (44 CFR Part 67) The following concurrent resolution dent of the United States, transmitting, pur- received on August 15, 2002; to the Com- suant to law, a notice that the continuation was read, and referred as indicated: mittee on Banking, Housing, and Urban Af- of emergency regarding export control regu- H. Con. Res. 183. Concurrent resolution ex- fairs lations is to continue beyond August 17, 2002; pressing the sense of Congress regarding the EC–8533. A communication from the Gen- to the Committee on Banking, Housing, and United States Congressional Philharmonic eral Counsel, Federal Emergency Manage- Urban Affairs. Society and its mission of promoting musi- ment Agency, transmitting, pursuant to law, EC–8543. A communication from the Vice cal excellence throughout the educational the report of a rule entitled ‘‘Changes in Chairman of the Export-Import Bank, trans- system and encouraging people of all ages to Flood Elevation Determinations’’ (44 CFR mitting, pursuant to law, a report relative to September 5, 2002 CONGRESSIONAL RECORD — SENATE S8297 a transaction involving U.S. exports to the sure of the Sablefish Fishery by Vessels on August 15, 2002; to the Committee on Republic of Korea; to the Committee on Using Trawl Gear in the Central Regulatory Commerce, Science, and Transportation. Banking, Housing, and Urban Affairs. Area of the Gulf of Alaska’’ received on Au- EC–8562. A communication from the Chief, EC–8544. A communication from the Vice gust 15, 2002; to the Committee on Com- Regulations and Administrative Law, United Chairman of the Export-Import Bank, trans- merce, Science, and Transportation. States Coast Guard, Department of Trans- mitting, pursuant to law, a report relative to EC–8554. A communication from the Acting portation, transmitting, pursuant to law, the a transaction involving U.S. exports to Tai- Director, Office of Sustainable Fisheries, Na- report of a rule entitled ‘‘Safety/Security wan; to the Committee on Banking, Housing, tional Marine Fisheries Service, Department Zone Regulations; USCGC EAGLE Port and Urban Affairs. of Commerce, transmitting, pursuant to law, Visit-Salem Harbor, MA’’ ((RIN2115–AA97) EC–8545. A communication from the Vice the report of a rule entitled ‘‘Fisheries of the (2002–0173)) received on August 12, 2002; to the Chairman of the Export-Import Bank, trans- Exclusive Economic Zone Off Alaska—Closes Committee on Commerce, Science, and mitting, pursuant to law, a report relative to Pacific Ocean Perch Fishery in the West Transportation. a transaction involving U.S. exports to Mex- Yakutat District, Gulf of Alaska’’ received EC–8563. A communication from the Chief, ico; to the Committee on Banking, Housing, on August 15, 2002; to the Committee on Regulations and Administrative Law, United and Urban Affairs. Commerce, Science, and Transportation. States Coast Guard, Department of Trans- EC–8546. A communication from the Vice EC–8555. A communication from the Acting portation, transmitting, pursuant to law, the Chairman of the Export-Import Bank, trans- Director, Office of Sustainable Fisheries, Na- report of a rule entitled ‘‘Drawbridge Regu- mitting, pursuant to law, a report relative to tional Marine Fisheries Service, Department lations; (including 2 regulations)’’ ((RIN2115– a transaction involving U.S. exports to Thai- of Commerce, transmitting, pursuant to law, AE47) (2002–0079)) received on August 12, 2002; land; to the Committee on Banking, Hous- the report of a rule entitled ‘‘Fisheries of the to the Committee on Commerce, Science, ing, and Urban Affairs. Exclusive Economic Zone Off Alaska—Closes and Transportation. EC–8547. A communication from the Dep- West Yakutat District of the Gulf of Alaska EC–8564. A communication from the Chief, uty Secretary, Division of Corporation Fi- for Pelagic Shelf Rockfish’’ received on Au- Regulations and Administrative Law, United nance, Securities and Exchange Commission, gust 15, 2002; to the Committee on Com- States Coast Guard, Department of Trans- transmitting, pursuant to law, the report of merce, Science, and Transportation. portation, transmitting, pursuant to law, the a rule entitled ‘‘Certification of Disclosure EC–8556. A communication from the Acting report of a rule entitled ‘‘Drawbridge Regu- in Companies’ Quarterly and Annual Re- Director, Office of Sustainable Fisheries, Na- lations; Oklawaha River, Marion County, ports’’ (RIN3235–AI54) received on September tional Marine Fisheries Service, Department FL’’ ((RIN2115–AE47) (2002–0076)) received on 3, 2002; to the Committee on Banking, Hous- of Commerce, transmitting, pursuant to law, August 12, 2002; to the Committee on Com- ing, and Urban Affairs. the report of a rule entitled ‘‘Fisheries Off merce, Science, and Transportation. EC–8548. A communication from the Dep- West Coast States and in the Western Pa- EC–8565. A communication from the Chief, uty Secretary, Division of Market Regula- cific; West Coast Salmon Fisheries; Inseason Regulations and Administrative Law, United States Coast Guard, Department of Trans- tions, Securities and Exchange Commission, Adjustment 3-Adjustment of the Commercial portation, transmitting, pursuant to law, the transmitting, pursuant to law, the report of Fishery from the U.S.-Canada Border to Cape report of a rule entitled ‘‘Safety/Security a rule entitled ‘‘Customer Margin Rules Re- Falcon, OR’’ received on August 15, 2002; to Zone Regulations; Salem Heritage Days lating to Security Futures’’ (RIN3038–AB71) the Committee on Commerce, Science, and Fireworks, Salem, Mass’’ ((RIN2115–AA97) received on August 12, 2002; to the Com- Transportation. mittee on Banking, Housing, and Urban Af- EC–8557. A communication from the Acting (2002–0172)) received on August 12, 2002; to the Committee on Commerce, Science, and fairs. Director, Office of Sustainable Fisheries, Na- EC–8549. A communication from the Acting tional Marine Fisheries Service, Department Transportation. EC–8566. A communication from the Chief, Director, Office of Sustainable Fisheries, Na- of Commerce, transmitting, pursuant to law, Regulations and Administrative Law, United tional Marine Fisheries Service, Department the report of a rule entitled ‘‘Fisheries of the States Coast Guard, Department of Trans- of Commerce, transmitting, pursuant to law, Exclusive Economic Zone Off Alaska; Clo- portation, transmitting, pursuant to law, the the report of a rule entitled ‘‘Fisheries of the sure of the Pacific Ocean Perch Fishery in report of a rule entitled ‘‘Drawbridge Regu- Exclusive Economic Zone Off Alaska, Clo- the Western Regulatory Area of the Gulf of lations; Passaic River, NJ’’ ((RIN2115–AE47) sure of Pelagic Shelf Rockfish in the Central Alaska’’ received on August 15, 2002; to the (2002–0075)) received on August 12, 2002; to the Regulatory Area for the Gulf of Alaska’’ re- Committee on Commerce, Science, and Committee on Commerce, Science, and ceived on August 15, 2002; to the Committee Transportation. Transportation. on Commerce, Science, and Transportation. EC–8558. A communication from the Acting EC–8567. A communication from the Chief, EC–8550. A communication from the Acting Director, Office of Sustainable Fisheries, Na- Regulations and Administrative Law, United Director, Office of Sustainable Fisheries, Na- tional Marine Fisheries Service, Department States Coast Guard, Department of Trans- tional Marine Fisheries Service, Department of Commerce, transmitting, pursuant to law, portation, transmitting, pursuant to law, the of Commerce, transmitting, pursuant to law, the report of a rule entitled ‘‘Fisheries of the report of a rule entitled ‘‘Safety/Security the report of a rule entitled ‘‘Atlantic Highly Northeastern United States; Northeast Zone Regulations; (Including 2 Regulations)’’ Migratory Species; Pelagic Longline Fish- Multispecies Fishery; Removal of Commer- ((RIN2115–AA97) (2002–0174)) received on Au- ery; Shark Gillnet Fishery; Sea Turtle and cial Haddock Daily Trip Limit’’ received on gust 12, 2002; to the Committee on Com- Whale Protection Measures. Final Rule’’ August 15, 2002; to the Committee on Com- merce, Science, and Transportation. (RIN0648–AP49) received on August 15, 2002; merce, Science, and Transportation. EC–8568. A communication from the Chief, to the Committee on Commerce, Science, EC–8559. A communication from the Acting Regulations and Administrative Law, United and Transportation. Director, Office of Sustainable Fisheries, Na- States Coast Guard, Department of Trans- EC–8551. A communication from the Acting tional Marine Fisheries Service, Department portation, transmitting, pursuant to law, the Director, Office of Sustainable Fisheries, Na- of Commerce, transmitting, pursuant to law, report of a rule entitled ‘‘Safety/Security tional Marine Fisheries Service, Department the report of a rule entitled ‘‘Fisheries Off Zone Regulations; Seabrook Nuclear Power of Commerce, transmitting, pursuant to law, West Coast States and in the Western Pa- Plant, Seabrook NH’’ ((RIN2115–AA97) (2002– the report of a rule entitled ‘‘Fisheries of the cific; West Coast Salmon Fisheries; Inseason 0175)) received on August 12, 2002; to the Exclusive Economic Zone Off Alaska—Closes Adjustment 2-Closure of the Commercial Committee on Commerce, Science, and Western Regulatory Area, Gulf of Alaska, for Fishery from U.S.-Canada Border to Cape Transportation. ‘‘Other Rockfish’’ received on August 15, Falcon, OR’’ received on August 15, 2002; to EC–8569. A communication from the Chief, 2002; to the Committee on Commerce, the Committee on Commerce, Science, and Regulations and Administrative Law, United Science, and Transportation. Transportation. States Coast Guard, Department of Trans- EC–8552. A communication from the Acting EC–8560. A communication from the Acting portation, transmitting, pursuant to law, the Director, Office of Sustainable Fisheries, Na- Director, Office of Sustainable Fisheries, Na- report of a rule entitled ‘‘Regulated Naviga- tional Marine Fisheries Service, Department tional Marine Fisheries Service, Department tion Area and Safety and Security Zone; New of Commerce, transmitting, pursuant to law, of Commerce, transmitting, pursuant to law, York Marine Inspection Zone and Captain of the report of a rule entitled ‘‘Fisheries Off the report of a rule entitled ‘‘Fisheries of the the Port Zone’’ ((RIN2115–AE84) (2002–0012)) West Coast States and in the Western Pa- Exclusive Economic Zone Off Alaska, Clo- received on August 12, 2002; to the Com- cific; Pacific Coast Groundfish Fishery; End sure of the Northern Rockfish in the Central mittee on Commerce, Science, and Transpor- of the Primary Season and Resumption of Regulatory Area for the Gulf of Alaska’’ re- tation. Trip Limits for the Shore-based Fishery for ceived on August 15, 2002; to the Committee EC–8570. A communication from the Chief, Pacific Whiting’’ received on August 15, 2002; on Commerce, Science, and Transportation. Regulations and Administrative Law, United to the Committee on Commerce, Science, EC–8561. A communication from the Acting States Coast Guard, Department of Trans- and Transportation. Director, Office of Sustainable Fisheries, Na- portation, transmitting, pursuant to law, the EC–8553. A communication from the Acting tional Marine Fisheries Service, Department report of a rule entitled ‘‘Regatta Regula- Director, Office of Sustainable Fisheries, Na- of Commerce, transmitting, pursuant to law, tions; Atlantic Ocean, Point Pleasant Beach tional Marine Fisheries Service, Department the report of a rule entitled ‘‘Fisheries of the to Bay Head, NJ’’ ((RIN2115–AE46) (2002– of Commerce, transmitting, pursuant to law, Exclusive Economic Zone Off Alaska—Closes 0028)) received on August 12, 2002; to the the report of a rule entitled ‘‘Fisheries of the Northern Rockfish Fishery in the Western Committee on Commerce, Science, and Exclusive Economic Zone Off Alaska; Clo- Regulatory Area, Gulf of Alaska’’ received Transportation. S8298 CONGRESSIONAL RECORD — SENATE September 5, 2002 EC–8571. A communication from the Chief, ceived on September 3, 2002; to the Com- ceived on September 3, 2002; to the Com- Regulations and Administrative Law, United mittee on Environment and Public Works. mittee on Environment and Public Works. States Coast Guard, Department of Trans- EC–8580. A communication from the Prin- EC–8589. A communication from the Prin- portation, transmitting, pursuant to law, the cipal Deputy Associate Administrator of the cipal Deputy Associate Administrator of the report of a rule entitled ‘‘Safety/Security Environmental Protection Agency, transmit- Environmental Protection Agency, transmit- Zone Regulations; (Including 2 Regulations)’’ ting, pursuant to law, the report of a rule en- ting, pursuant to law, the report of a rule en- ((RIN2115–AA97) (2002–0176)) received on Au- titled ‘‘Approval and Promulgation of Imple- titled ‘‘Control of Air Pollution from New gust 12, 2002; to the Committee on Com- mentation Plans; State of Kansas’’ Motor Vehicles and New Motor Vehicle En- merce, Science, and Transportation. (FRL7270–4) received on September 3, 2002; to gines; Non-Conformance Penalties for 2004 EC–8572. A communication from the Attor- the Committee on Environment and Public and Later Model Year Emission Standards ney, Research and Special Programs Admin- Works. for Heavy-Duty Diesel Engines and Heavy- istration, Department of Transportation, EC–8581. A communication from the Prin- Duty Diesel Vehicles’’ (FRL7256–6) received transmitting, pursuant to law, the report of cipal Deputy Associate Administrator of the on September 3, 2002; to the Committee on a rule entitled ‘‘Pipeline Safety: High Con- Environmental Protection Agency, transmit- Environment and Public Works. sequence Areas for Gas Transmission Pipe- ting, pursuant to law, the report of a rule en- EC–8590. A communication from the Prin- lines’’ (RIN2137–AD64) received on August 12, titled ‘‘Approval and Promulgation of Imple- cipal Deputy Associate Administrator of the 2002; to the Committee on Commerce, mentation Plans Tennessee: Approval of Re- Environmental Protection Agency, transmit- Science, and Transportation. visions to Tennessee Implementation Plan’’ ting, pursuant to law, the report of a rule en- EC–8573. A communication from the Chief (FRL7270–6) received on September 3, 2002; to titled ‘‘Clean Air Act Redesignation and Re- Counsel, National Telecommunications and the Committee on Environment and Public classification, Searless Valley Nonattain- Information Administration, Department of Works. ment Area; Designation of Coso Junction, In- Commerce, transmitting, pursuant to law, EC–8582. A communication from the Prin- dian Wells Valley, and Trona Nonattainment the report of a rule entitled ‘‘Mandatory Re- cipal Deputy Associate Administrator of the Areas; California; Determination of Attain- imbursement Rules for Frequency Band or Environmental Protection Agency, transmit- ment of the PM-10 Standards for the Coso Geographic Relocation of Federal Spec- ting, pursuant to law, the report of a rule en- Junction Area; Particulate Matter of 10 mi- trum—Dependent System’’ (RIN0660–AA14) titled ‘‘Clean Air Act Approval and Promul- crons or less (PM-10)’’ (FRL7256–1) received received on August 15, 2002; to the Com- gation of Air Quality Implementation Plans on September 3, 2002; to the Committee on mittee on Commerce, Science, and Transpor- for the State of Montana; Revisions to the Environment and Public Works. tation. Administrative Rules of Montana’’ EC–8591. A communication from the Prin- EC–8574. A communication from the Assist- (FRL7261–1) received on September 3, 2002; to cipal Deputy Associate Administrator of the ant Administrator for Fisheries, National the Committee on Environment and Public Environmental Protection Agency, transmit- Marine Fisheries Service, Office of Sustain- Works. ting, pursuant to law, the report of a rule en- able Fisheries, Department of Commerce, EC–8583. A communication from the Prin- titled ‘‘Transportation Conformity Rule transmitting, pursuant to law, the report of cipal Deputy Associate Administrator of the Amendment: Minor Revision of 18-Month Re- a rule entitled ‘‘Bluefish Fishery—Final Environmental Protection Agency, transmit- quirement for Initial SIP Submissions and Rule’’ (RIN0648–AP59) received on August 15, ting, pursuant to law, the report of a rule en- Addition of Grace Period for Newly Des- 2002; to the Committee on Commerce, titled ‘‘Approval and Promulgation of Imple- ignated Nonattainment Areas’’ (FRL7256–3) Science, and Transportation. mentation Plans North Carolina: Approval of received on September 3, 2002; to the Com- EC–8575. A communication from the Dep- Revisions to Open Burning Regulation With mittee on Environment and Public Works. uty Assistant Administrator for Regulatory the Forsyth Country Local Implementation EC–8592. A communication from the Prin- Programs, National Marine Fisheries Serv- Plan’’ (FRL7206–9) received on September 3, cipal Deputy Associate Administrator of the ice, Department of Commerce, transmitting, 2002; to the Committee on Environment and Environmental Protection Agency, transmit- pursuant to law, the report of a rule entitled Public Works. ting, pursuant to law, the report of a rule en- ‘‘Fisheries Off West Coast States and in the EC–8584. A communication from the Prin- titled ‘‘Rhode Island: Authorization of State Western Pacific; Precious Corals Fisheries; cipal Deputy Associate Administrator of the Hazardous Waste Management Program Re- Harvest Quotas, Definitions, Size Limits, Environmental Protection Agency, transmit- vision’’ (FRL7256–7) received on September 3, Gear Restrictions, and Bed Classification’’ ting, pursuant to law, the report of a rule en- 2002; to the Committee on Environment and (RIN0648–AK23) received on August 27, 2002; titled ‘‘Approval and Promulgation of Imple- Public Works. to the Committee on Commerce, Science, mentation Plans; Indiana’’ (FRL7249–4) re- EC–8593. A communication from the Prin- and Transportation. ceived on September 3, 2002; to the Com- cipal Deputy Associate Administrator of the EC–8576. A communication from the Regu- mittee on Environment and Public Works. Environmental Protection Agency, transmit- lations Officer, Federal Motor Carrier Safety EC–8585. A communication from the Prin- ting, pursuant to law, the report of a rule en- Administration, Department of Transpor- cipal Deputy Associate Administrator of the titled ‘‘Final Effective Date Modification for tation, transmitting, pursuant to law, the re- Environmental Protection Agency, transmit- the Determination of Nonattainment as of port of a rule entitled ‘‘Brake Performance ting, pursuant to law, the report of a rule en- November 15, 1999, and Reclassification of Requirements for Commercial Motor Vehi- titled ‘‘Delaware: Final Authorization of the Baton Rouge Ozone Nonattainment cles Inspected by Performance-Based Brake State Hazardous Waste Management Pro- Area’’ (FRL7262–3) received on September 3, Testers’’ (RIN2126–AA46) received on August gram Revision’’ (FRL7256–8) received on Sep- 2002; to the Committee on Environment and 12, 2002; to the Committee on Commerce, tember 3, 2002; to the Committee on Environ- Public Works. Science, and Transportation. ment and Public Works. EC–8594. A communication from the Prin- EC–8577. A communication from the Assist- EC–8586. A communication from the Prin- cipal Deputy Associate Administrator of the ant Administrator, Office of Oceanic and At- cipal Deputy Associate Administrator of the Environmental Protection Agency, transmit- mospheric Research, Department of Com- Environmental Protection Agency, transmit- ting, pursuant to law, the report of a rule en- merce, transmitting, pursuant to law, the re- ting, pursuant to law, the report of a rule en- titled ‘‘Florida: Final Authorization of State port of a rule entitled ‘‘Sea Grant National titled ‘‘Interim Final Determination that Hazardous Waste Management Program Re- Strategic Investments in Aquatic Nuisance the State of Arizona Has Corrected Defi- vision’’ (FRL7262–5) received on September 3, Species, Oyster Disease, and Gulf of Mexico ciencies and Stay of Sanctions, Maricopa 2002; to the Committee on Environment and Oyster Industry: Request for Proposals for County Environmental Services Depart- Public Works. FY 2003’’; to the Committee on Commerce, ment’’ (FRL7253–7) received on September 3, EC–8595. A communication from the Prin- Science, and Transportation. 2002; to the Committee on Environment and cipal Deputy Associate Administrator of the EC–8578. A communication from the Prin- Public Works. Environmental Protection Agency, transmit- cipal Deputy Associate Administrator of the EC–8587. A communication from the Prin- ting, pursuant to law, the report of a rule en- Environmental Protection Agency, transmit- cipal Deputy Associate Administrator of the titled ‘‘Florida: Final Authorization of State ting, pursuant to law, the report of a rule en- Environmental Protection Agency, transmit- Hazardous Waste Management Program Re- titled ‘‘Approval and Promulgation of Air ting, pursuant to law, the report of a rule en- vision’’ (FRL7262–6) received on September 3, Quality Implementation Plans; Massachu- titled ‘‘Revision to the Arizona State Imple- 2002; to the Committee on Environment and setts; Rate-of-Progress Emission Reduction mentation Plan, Maricopa County Environ- Public Works. Plans for the Boston-Lawrence-Worcester mental Services Department’’ (FRL7253–5) EC–8596. A communication from the Prin- Serious Area’’ (FRL7268–7) received on Sep- received on September 3, 2002; to the Com- cipal Deputy Associate Administrator of the tember 3, 2002; to the Committee on Environ- mittee on Environment and Public Works. Environmental Protection Agency, transmit- ment and Public Works. EC–8588. A communication from the Prin- ting, pursuant to law, the report of a rule en- EC–8579. A communication from the Prin- cipal Deputy Associate Administrator of the titled ‘‘Nebraska; Final Approval of State cipal Deputy Associate Administrator of the Environmental Protection Agency, transmit- Underground Storage Tank Program’’ Environmental Protection Agency, transmit- ting, pursuant to law, the report of a rule en- (FRL7261–9) received on September 3, 2002; to ting, pursuant to law, the report of a rule en- titled ‘‘Revisions to the California State Im- the Committee on Environment and Public titled ‘‘Approval and Promulgation of Imple- plementation Plan, South Coast Air Quality Works. mentation Plans and Operating Permits Pro- Management District, Ventura County Air EC–8597. A communication from the Prin- gram; State of Missouri’’ (FRL7269–2) re- Pollution Control District’’ (FRL7254–8) re- cipal Deputy Associate Administrator of the September 5, 2002 CONGRESSIONAL RECORD — SENATE S8299 Environmental Protection Agency, transmit- mitting, pursuant to law, the report of a rule Service, Department of the Treasury, trans- ting, pursuant to law, the report of a rule en- entitled ‘‘Treatment of Subsidiary Income mitting, pursuant to law, the report of a rule titled ‘‘Revisions to the Definitions and the under the 85 Percent Member Income Test of entitled ‘‘Furnishing Identifying Number of Continuous Emission Monitoring Provisions Section 501(c)(12)(A) of the Internal Revenue Income Tax Return Preparer’’ (RIN1545– of the Acid Rain Program and the NOx Budg- Code’’ (Rev. Rul. 2002–55) received on Sep- AX27) received on September 3, 2002; to the et Trading Program; Correction’’ (FRL7259– tember 3, 2002; to the Committee on Finance. Committee on Finance. 9) received on September 3, 2002; to the Com- EC–8608. A communication from the Chief EC–8619. A communication from the Regu- mittee on Environment and Public Works. of the Regulations Unit, Internal Revenue lations Coordinator, Center for Medicare EC–8598. A communication from the Prin- Service, Department of the Treasury, trans- Management, Center for Medicare and Med- cipal Deputy Associate Administrator of the mitting, pursuant to law, the report of a rule icaid Service, transmitting, pursuant to law, Environmental Protection Agency, transmit- entitled ‘‘Distribution and Sale of Propane the report of a rule entitled ‘‘Medicare Pro- ting, pursuant to law, the report of a rule en- in Tanks by Tax Exempt Electric Coopera- gram; Inpatient Rehabilitation Facility Pro- titled ‘‘Approval and Promulgation of Imple- tives’’ (Rev. Rul. 2002–54) received on Sep- spective System for FY 2003’’ (RIN0938–AL22) mentation Plans Florida: Approval of Revi- tember 3, 2002; to the Committee on Finance. received on July 31, 2002; to the Committee sions to the Florida State Implementation EC–8609. A communication from the Chief on Finance. Plan’’ (FRL7259–6) received on September 3, of the Regulations Unit, Internal Revenue EC–8620. A communication from the Regu- 2002; to the Committee on Environment and Service, Department of the Treasury, trans- lations Coordinator, Center for Medicare Public Works. mitting, pursuant to law, the report of a rule Management, Center for Medicare and Med- EC–8599. A communication from the Prin- entitled ‘‘Revenue Ruling 2002–59’’ received icaid Service, Department of Health and cipal Deputy Associate Administrator of the on September 3, 2002; to the Committee on Human Services, transmitting, pursuant to Environmental Protection Agency, transmit- Finance. law, the report of a rule entitled ‘‘Prospec- EC–8610. A communication from the Chief ting, pursuant to law, the report of a rule en- tive Payment System and Consolidated Bill- of the Regulations Unit, Internal Revenue titled ‘‘Approval and Promulgation of Imple- ing for Skilled Nursing Facilities—Update Service, Department of the Treasury, trans- mentation Plans for Kentucky: Regulatory for FX2003—Notice’’ (RIN0938–AL20) received mitting, pursuant to law, the report of a rule Limit on Potential to Emit’’ (FRL7259–7) re- on July 31, 2002; to the Committee on Fi- entitled ‘‘TD 9012, Clarification of Entity ceived on September 3, 2002; to the Com- nance. Classification Rules’’ (RIN1545–AX75) re- mittee on Environment and Public Works. EC–8621. A communication from the Regu- ceived on September 3, 2002; to the Com- EC–8600. A communication from the Prin- lations Coordinator, Center for Medicare cipal Deputy Associate Administrator of the mittee on Finance. EC–8611. A communication from the Chief Management, Center for Medicare and Med- Environmental Protection Agency, transmit- of the Regulations Unit, Internal Revenue icaid Service, Department of Health and ting, pursuant to law, the report of a rule en- Service, Department of the Treasury, trans- Human Services, transmitting, pursuant to titled ‘‘South Carolina; Final Approval of mitting, pursuant to law, the report of a rule law, the report of a rule entitled ‘‘Medicare State Underground Storage Tank Program’’ entitled ‘‘Weighted Average Interest Rate Program; Medicare Endorsed Prescription (FRL7268–9) received on September 3, 2002; to Update Notice’’ (Notice 2002–57) received on Drug Card Assistance Initiative CMS–4027– the Committee on Environment and Public September 3, 2002; to the Committee on Fi- F’’ (RIN0938–AL25) received on July 31, 2002; Works. nance. to the Committee on Finance. EC–8601. A communication from the Prin- EC–8612. A communication from the Chief EC–8622. A communication from the Regu- cipal Deputy Associate Administrator of the of the Regulations Unit, Internal Revenue lations Coordinator, Center for Medicare Environmental Protection Agency, transmit- Service, Department of the Treasury, trans- Management, Center for Medicare and Med- ting, a report entitled ‘‘OSWER Common mitting, pursuant to law, the report of a rule icaid Service, Department of Health and Radionuclides Found at Superfund Sites entitled ‘‘Notice 2002–60—Reduced Maximum Human Services, transmitting, pursuant to Booklet for the General Public’’ received on Exclusion of Gain from Sale or Exchange of law, the report of a rule entitled ‘‘Medicare September 3, 2002; to the Committee on Envi- Principal Residence for Taxpayers Affected Program; Prospective Payment System for ronment and Public Works. by the September 11, 2001, Terrorist At- Long-Term Care Hospitals—FY 2003’’ EC–8602. A communication from the Prin- tacks’’ (Notice 2002–60) received on Sep- (RIN0938–AK69) received on July 31, 2002; to cipal Deputy Associate Administrator of the tember 3, 2002; to the Committee on Finance. the Committee on Finance. Environmental Protection Agency, transmit- EC–8613. A communication from the Chief EC–8623. A communication from the Regu- ting, a report entitled ‘‘Regulatory Status of of the Regulations Unit, Internal Revenue lations Coordinator, Center for Medicare Crude Sufate Turpentine (CST) under RCRA Service, Department of the Treasury, trans- Management, Center for Medicare and Med- Regulations’’ received on September 3, 2002; mitting, pursuant to law, the report of a rule icaid Service, Department of Health and to the Committee on Environment and Pub- entitled ‘‘Rev. Rul. 2002–52—Bureau of Labor Human Services, transmitting, pursuant to lic Works. Statistics Price Indexes for Department law, the report of a rule entitled ‘‘Medicare EC–8603. A communication from the Direc- Stores—June 2002’’ (Rev. Rul. 2002–52) re- Program: Changes to the Hospital Inpatient tor, Office of Congressional Affairs, Nuclear ceived on September 3, 2002; to the Com- Prospective Payment System and FY 2003’’ Regulatory Commission, transmitting, pur- mittee on Finance. (RIN0938–AL23) received on July 31, 2002; to suant to law, the report of a rule entitled EC–8614. A communication from the Chief the Committee on Finance. ‘‘List of Approved Spent Fuel Storage Casks: of the Regulations Unit, Internal Revenue f HI–STORM Revision’’ (RIN3150–AG97) re- Service, Department of the Treasury, trans- ceived on August 15, 2002; to the Committee mitting, pursuant to law, the report of a rule REPORTS OF COMMITTEES on Environment and Public Works. entitled ‘‘Treaty Guidance Regarding Pay- EC–8604. A communication from the Assist- ment With Respect to Domestic Reverse Hy- The following reports of committees ant Secretary for Fish and Wildlife and brid Entities’’ (RIN1545–AY13) received on were submitted: Parks, Division of Endangered Species, De- September 3, 2002; to the Committee on Fi- By Mr. LEAHY, from the Committee on partment of the Interior, transmitting, pur- nance. the Judiciary, without amendment: suant to law, the report of a rule entitled EC–8615. A communication from the Chief H.R. 3214: A bill to amend the charter of ‘‘Endangered and Threatened Wildlife and of the Regulations Unit, Internal Revenue the AMVETS organization. Plants; Final Designation of Critical Habitat Service, Department of the Treasury, trans- H.R. 3838: A bill to amend the charter of for the Newcomb’s Snail’’ (RIN1018–AH95) re- mitting, pursuant to law, the report of a rule the Veterans of Foreign Wars of the United ceived on August 12, 2002; to the Committee entitled ‘‘Rev. Proc. 2002–54—Application of States organization to make members of the on Environment and Public Works. Rev. Proc. 2002–19’’ (Rev. Proc. 2002–54) re- armed forces who receive special pay for EC–8605. A communication from the Direc- ceived on September 3, 2002; to the Com- duty subject to hostile fire or imminent dan- tor of the Endangered Species, Fish and mittee on Finance. ger eligible for membership in the organiza- Wildlife Service, Department of the Interior, EC–8616. A communication from the Chief tion, and for other purposes. transmitting, pursuant to law, the report of of the Regulations Unit, Internal Revenue By Mr. LEAHY, from the Committee on a rule entitled ‘‘Tumbling Creek Cave Snail Service, Department of the Treasury, trans- the Judiciary, without amendment and with Rule to List as Endangered’’ (RIN1018–AI19) mitting, pursuant to law, the report of a rule a preamble: received on August 12, 2002; to the Com- entitled ‘‘Coordinated Issue: Supervisory S. RES. 316: A bill designating the year be- mittee on Environment and Public Works. Goodwill’’ (UILN 597.13–00) received on Sep- ginning February 1, 2003 , as the ‘‘Year of the EC–8606. A communication from the Acting tember 3, 2002; to the Committee on Finance. Blues’’. Chief, Regulations Branch, Customs Service, EC–8617. A communication from the Chief By Mr. LEAHY, from the Committee on Department of the Treasury, transmitting, of the Regulations Unit, Internal Revenue the Judiciary, with an amendment in the na- pursuant to law, the report of a rule entitled Service, Department of the Treasury, trans- ture of a substitute: ‘‘Administrative Rulings’’ (RIN1515–AC56) re- mitting, pursuant to law, the report of a rule S. 1615: A bill to provide for the sharing of ceived on August 19, 2002; to the Committee entitled ‘‘Mark to Market Election under certain foreign intelligence information with on Finance. TRA97’’ (Notice 2002–58) received on Sep- local law enforcement personnel, and for EC–8607. A communication from the Chief tember 3, 2002; to the Committee on Finance. other purposes. of the Regulations Unit, Internal Revenue EC–8618. A communication from the Chief By Mr. LEAHY, from the Committee on Service, Department of the Treasury, trans- of the Regulations Unit, Internal Revenue the Judiciary, without amendment: S8300 CONGRESSIONAL RECORD — SENATE September 5, 2002 S. 1972: A bill to amend the charter of the By Mr. HUTCHINSON (for himself, Mr. added as cosponsors of S. 917, a bill to AMVETS organization. GREGG, Mr. KYL, Mr. CRAIG, Mr. MUR- amend the Internal Revenue Code of S. 2127: A bill for the relief of the KOWSKI, Mr. ALLARD, and Mr. 1986 to exclude from gross income Pottawatomi Nation in Canada for settle- MCCAIN): amounts received on account of claims ment of certain claims against the United S. 2911. A bill to repeal the sunset of the States. Economic Growth and Tax Relief Reconcili- based on certain unlawful discrimina- By Mr. LEAHY, from the Committee on ation Act of 2001 with respect to the modi- tion and to allow income averaging for the Judiciary, with an amendment in the na- fications to education individual retirement backpay and frontpay awards received ture of a substitute: accounts; to the Committee on Finance. on account of such claims, and for S. 2896: A bill to enhance the operation of By Mr. DODD (for himself, Mr. KEN- other purposes. the AMBER Alert communications network NEDY, Mr. WELLSTONE, and Mr. REED): S. 995 in order to facilitate the recovery of ab- S. 2912. A bill to provide for educational At the request of Mr. AKAKA, the ducted children, to provide for enhanced no- opportunities for all students in State public tification on highways of alerts and informa- school systems, and for other purposes; to name of the Senator from Vermont tion on such children, and for other pur- the Committee on Health, Education, Labor, (Mr. LEAHY) was added as a cosponsor poses. and Pensions. of S. 995, a bill to amend chapter 23 of f f title 5, United States Code, to clarify the disclosures of information pro- INTRODUCTION OF BILLS AND SUBMISSION OF CONCURRENT AND tected from prohibited personnel prac- JOINT RESOLUTIONS SENATE RESOLUTIONS tices, require a statement in non-dis- The following bills and joint resolu- The following concurrent resolutions closure policies, forms, and agreements tions were introduced, read the first and Senate resolutions were read, and that such policies, forms and agree- and second times by unanimous con- referred (or acted upon), as indicated: ments conform with certain disclosure sent, and referred as indicated: By Mrs. LINCOLN (for herself, Ms. COL- protections, provide certain authority By Mr. JOHNSON: LINS, Ms. LANDRIEU, Mr. HUTCHINSON, for the Special Counsel, and for other S. 2903. A bill to amend title 38, United and Mr. FITZGERALD): purposes. States Code, to provide for a guaranteed ade- S. Res. 322. A resolution designating No- S. 1224 quate level of funding for veterans health vember 2002, as ‘‘National Epilepsy Aware- At the request of Mr. ALLARD, the care; to the Committee on Veterans’ Affairs. ness Month’’; to the Committee on the Judi- By Mr. WELLSTONE: ciary. name of the Senator from Minnesota S. 2904. A bill to amend title I of the Em- By Mr. DASCHLE (for himself and Mr. (Mr. WELLSTONE) was added as a co- ployee Retirement Income Security Act of LOTT): sponsor of S. 1224, a bill to amend title 1974 to provide emergency protection for re- S. Res. 323. A resolution to authorize testi- XVIII of the Social Security Act to ex- tiree health benefits; to the Committee on mony and representation in Senator Mitch tend the availability of medicare cost Health, Education, Labor, and Pensions. McConnell, et. al. v. Federal Election Com- contracts for 10 years. By Mr. ALLARD: mission, et al., and consolidation cases; con- S. 1619 S. 2905. A bill to repeal the sunset of the sidered and agreed to. Economic Growth and Tax Relief Reconcili- At the request of Mr. SANTORUM, the ation Act of 2001 with respect to the elimi- f name of the Senator from New Jersey nation of the 60-month limit and an increase ADDITIONAL COSPONSORS (Mr. CORZINE) was added as a cosponsor in the income limitation on the student loan of S. 1619, a bill to amend title XVIII of S. 486 interest deduction; to the Committee on Fi- the Social Security Act to provide for At the request of Mr. LEAHY, the nance. coverage of substitute adult day care By Mr. BINGAMAN: name of the Senator from New York services under the medicare program. S. 2906. A bill to amend title 23, United (Mr. SCHUMER) was added as a cospon- States Code, to establish a program to make sor of S. 486, a bill to reduce the risk S. 1818 allocations to States for projects to expand that innocent persons may be executed, At the request of Mr. DURBIN, the 2-lane highways in rural areas to 4-lane high- and for other purposes. name of the Senator from Maryland ways; to the Committee on Environment and (Mr. SARBANES) was added as a cospon- S. 572 Public Works. sor of S. 1818, a bill to ensure that a By Ms. MIKULSKI (for herself, Mr. At the request of Mr. CHAFEE, the Federal employee who takes leave DASCHLE, Mr. LEAHY, Mr. SARBANES, name of the Senator from Connecticut Mrs. CLINTON, Mr. KENNEDY, Mr. without pay in order to perform service (Mr. LIEBERMAN) was added as a co- as a member of the uniformed services AKAKA, Mr. TORRICELLI, Mr. JOHNSON, sponsor of S. 572, a bill to amend title Mr. CORZINE, and Mr. SCHUMER): or member of the National Guard shall S. 2907. A bill to redesignate the facility of XIX of the Social Security Act to ex- continue to receive pay and allowances the United States Postal Service located at tend modifications to DSH allotments such individual is receiving for such 900 Brentwood Road, NE, in Washington, provided under the Medicare, Medicaid, service, will be no less than the basic D.C., as the ‘‘Joseph Curseen, Jr. and Thom- and SCHIP Benefits Improvement and pay such individual would then be re- as Morris, Jr. Processing and Distribution Protection Act of 2000. Center’’; to the Committee on Governmental ceiving if no interruption in employ- S. 654 Affairs. ment had occurred. By Mr. FEINGOLD (for himself, Mr. At the request of Mr. TORRICELLI, the S. 1990 LEAHY, Mr. LIEBERMAN, Mr. KOHL, name of the Senator from Louisiana At the request of Mrs. MURRAY, the Mr. REID, Mr. SARBANES, Mr. (Mr. BREAUX) was added as a cosponsor names of the Senator from Minnesota TORRICELLI, and Mr. JEFFORDS): of S. 654, a bill to amend the Internal (Mr. DAYTON) and the Senator from S. 2908. A bill to require the Secretary of Revenue Code of 1986 to restore, in- Defense to establish at least one Weapons of Rhode Island (Mr. REED) were added as crease, and make permanent the exclu- cosponsors of S. 1990, a bill to establish Mass Destruction Civil Support Team in sion from gross income for amounts re- each State, and for other purposes; to the a public education awareness program Committee on Armed Services. ceived under qualified group legal serv- relating to emergency contraception. By Mr. SMITH of Oregon: ices plans. S. 2215 S. 2909. A bill to amend the Internal Rev- S. 859 At the request of Mrs. MURRAY, her enue Code of 1986 to make permanent the de- At the request of Mr. THOMAS, the name was added as a cosponsor of S. duction for qualified tuition and related ex- name of the Senator from Minnesota penses and to repeal the sunset of the Eco- 2215, a bill to halt Syrian support for nomic Growth and Tax Relief Reconciliation (Mr. DAYTON) was added as a cosponsor terrorism, end its occupation of Leb- Act of 2001 with respect to such deduction of S. 859, a bill to amend the Public anon, stop its development of weapons and the extension of the exclusion for em- Health Service Act to establish a men- of mass destruction, cease its illegal ployer-provided educational assistance; to tal health community education pro- importation of Iraqi oil, and by so the Committee on Finance. gram, and for other purposes. doing hold Syria accountable for its By Mr. SANTORUM: S. 917 role in the Middle East, and for other S. 2910. A bill to amend the Constitution purposes. Heritage Act of 1988 to provide for the oper- At the request of Ms. COLLINS, the ation of the National Constitution Center; to names of the Senator from Rhode Is- S. 2239 the Committee on Energy and Natural Re- land (Mr. CHAFEE) and the Senator At the request of Mr. SARBANES, the sources. from Michigan (Ms. STABENOW) were name of the Senator from Wyoming September 5, 2002 CONGRESSIONAL RECORD — SENATE S8301 (Mr. ENZI) was added as a cosponsor of (Mr. HUTCHINSON) was added as a co- Social Security Act to provide for a S. 2239, a bill to amend the National sponsor of S. 2615, a bill to amend title clarification of the definition of home- Housing Act to simplify the downpay- XVII of the Social Security Act to pro- bound for purposes of determining eli- ment requirements for FHA mortgage vide for improvements in access to gibility for home health services under insurance for single family home- services in rural hospitals and critical the medicare program. buyers. access hospitals. S. 2860 S. 2246 S. 2667 At the request of Mr. ROCKEFELLER, At the request of Mr. DODD, the name At the request of Mrs. MURRAY, her the names of the Senator from Min- of the Senator from Louisiana (Mr. name was added as a cosponsor of S. nesota (Mr. WELLSTONE) and the Sen- BREAUX) was added as a cosponsor of S. 2667, a bill to amend the Peace Corps ator from New Jersey (Mr. TORRICELLI) 2246, a bill to improve access to printed Act to promote global acceptance of were added as cosponsors of S. 2860, a instructional materials used by blind the principles of international peace bill to amend title XXI of the Social or other persons with print disabilities and nonviolent coexistence among peo- Security Act to modify the rules for re- in elementary and secondary schools, ples of diverse cultures and systems of distribution and extended availability and for other purposes. government, and for other purposes. of fiscal year 2000 and subsequent fiscal S. 2490 S. 2742 year allotments under the State chil- At the request of Mr. TORRICELLI, the At the request of Mrs. HUTCHISON, the dren’s health insurance program, and names of the Senator from Georgia names of the Senator from Michigan for other purposes. (Mr. CLELAND) and the Senator from (Ms. STABENOW) and the Senator from S. 2869 Idaho (Mr. CRAIG) were added as co- Maine (Ms. COLLINS) were added as co- At the request of Mr. KERRY, the sponsors of S. 2490, a bill to amend title sponsors of S. 2742, a bill to establish names of the Senator from Nevada (Mr. XVIII of the Social Security Act to en- new nonimmigrant classes for border ENSIGN) and the Senator from Wyo- sure the quality of, and access to, commuter students. ming (Mr. ENZI) were added as cospon- skilled nursing facility services under S. 2758 sors of S. 2869, a bill to facilitate the the medicare program. At the request of Mr. DODD, the name ability of certain spectrum auction S. 2513 of the Senator from Georgia (Mr. winners to pursue alternative measures At the request of Mr. BIDEN, the CLELAND) was added as a cosponsor of required in the public interest to meet name of the Senator from Maine (Ms. S. 2758, a bill entitled ‘‘The Child Care the needs of wireless telecommuni- COLLINS) was added as a cosponsor of S. and Development Block Grant Amend- cations consumers. 2513, a bill to asses the extent of the ments Act’’. S. 2869 backlog in DNA analysis of rape kit S. 2760 At the request of Mr. LEAHY, his samples, and to improve investigation At the request of Mr. ENZI, the name name was added as a cosponsor of S. and prosecution of sexual assault cases of the Senator from Kansas (Mr. 2869, supra. with DNA evidence. BROWNBACK) was added as a cosponsor S. 2896 S. 2528 of S. 2760, a bill to direct the Securities At the request of Mrs. HUTCHISON, the At the request of Mr. DOMENICI, the and Exchange Commission to conduct a name of the Senator from Georgia (Mr. name of the Senator from Virginia (Mr. study and make recommendations re- CLELAND) was added as a cosponsor of ALLEN) was added as a cosponsor of S. garding the accounting treatment of S. 2896, a bill to enhance the operation 2528, a bill to establish a National stock options for purposes of the Fed- of the AMBER Alert communications Drought Council within the Federal eral securities laws. network in order to facilitate the re- Emergency Management Agency, to S. 2770 covery of abducted children, to provide improve national drought prepared- At the request of Mr. DODD, the for enhanced notification on highways ness, mitigation, and response efforts, names of the Senator from Washington of alerts and information on such chil- and for other purposes. (Mrs. MURRAY), the Senator from dren, and for other purposes. S. 2572 Maine (Ms. COLLINS), the Senator from S. RES. 270 At the request of Mr. KERRY, the New Jersey (Mr. CORZINE) and the Sen- At the request of Mr. CAMPBELL, the name of the Senator from Minnesota ator from Washington (Ms. CANTWELL) name of the Senator from Illinois (Mr. (Mr. WELLSTONE) was added as a co- were added as cosponsors of S. 2770, a FITZGERALD) was added as a cosponsor sponsor of S. 2572, a bill to amend title bill to amend the Federal Law Enforce- of S. Res. 270, a resolution designating VII of the Civil Rights Act of 1964 to es- ment Pay Reform Act of 1990 to adjust the week of October 13, 2002, through tablish provisions with respect to reli- the percentage differentials payable to October 19, 2002, as ‘‘National Cystic gious accommodation in employment, Federal law enforcement officers in Fibrosis Awareness Week’’. and for other purposes. certain high-cost areas. S. CON. RES. 113 S. 2577 S. 2803 At the request of Mrs. CLINTON, the At the request of Mr. FITZGERALD, At the request of Mr. HARKIN, the name of the Senator from Hawaii (Mr. the name of the Senator from Cali- name of the Senator from New Jersey AKAKA) was added as a cosponsor of S. fornia (Mrs. FEINSTEIN) was added as a (Mr. TORRICELLI) was added as a co- Con. Res. 113, a concurrent resolution cosponsor of S. 2577, a bill to repeal the sponsor of S. 2803, a bill to amend the recognizing and supporting the efforts sunset of the Economic Growth and Federal Meat Inspection Act, the Poul- of the State of New York to develop Tax Relief Reconciliation Act of 2001 try Producers Inspection Act, and the the National Purple Heart Hall of with respect to the exclusion from Fed- Federal Food, Drug, and Cosmetic Act Honor in New Windsor, New York, and eral income tax for restitution received to provide for improved public heath for other purposes. by victims of the Nazi Regime. and food safety through enhanced en- S. CON. RES. 135 S. 2614 forcement, and for other purposes. At the request of Mr. NICKLES, the At the request of Mr. CORZINE, the S. 2841 name of the Senator from Illinois (Mr. name of the Senator from Minnesota At the request of Mr. CORZINE, the FITZGERALD) was added as a cosponsor (Mr. WELLSTONE) was added as a co- name of the Senator from South Da- of S. Con. Res. 135, a concurrent resolu- sponsor of S. 2614, a bill to amend title kota (Mr. JOHNSON) was added as a co- tion expressing the sense of Congress XVIII of the Social Security Act to re- sponsor of S. 2841, a bill to adjust the regarding housing affordability and duce the work hours and increase the indexing of multifamily mortgage lim- urging fair and expeditious review by supervision of resident physicians to its, and for other purposes. international trade tribunals to ensure ensure the safety of patients and resi- S. 2848 a competitive North American market dent physicians themselves. At the request of Ms. COLLINS, the for softwood lumber. S. 2615 name of the Senator from Arizona (Mr. AMENDMENT NO. 4480 At the request of Mr. MURKOWSKI, the MCCAIN) was added as a cosponsor of S. At the request of Mr. ALLARD, his name of the Senator from Arkansas 2848, a bill to amend title XVIII of the name was added as a cosponsor of S8302 CONGRESSIONAL RECORD — SENATE September 5, 2002 amendment No. 4480 proposed to H.R. AMENDMENT NO. 4492 $417 million in additional funding for 5093, a bill making appropriations for At the request of Mr. SMITH of New veterans health care was included in the Department of the Interior and re- Hampshire, the names of the Senator the bill. Given the current problems lated agencies for the fiscal year end- from Arkansas (Mr. HUTCHINSON), the within the VA health care system, I ing September 30, 2003, and for other Senator from Wyoming (Mr. THOMAS) was disappointed that President re- purposes. and the Senator from South Carolina fused to spend $275 million of the emer- AMENDMENT NO. 4481 (Mr. THURMOND) were added as cospon- gency funding that was earmarked for At the request of Mr. DASCHLE, the sors of amendment No. 4492 proposed to veterans health care. According to the names of the Senator from Utah (Mr. H.R. 5005, supra. Independent Budget, which is prepared BENNETT), the Senator from South AMENDMENT NO. 4492 by the Disabled American Veterans, Carolina (Mr. HOLLINGS), the Senator At the request of Mrs. BOXER, the AMVETS, the Paralyzed Veterans of from Louisiana (Mr. BREAUX) and the name of the Senator from Montana America, and the Veterans of Foreign Senator from Louisiana (Ms. (Mr. BAUCUS) was added as a cosponsor Wars, the Administration’s Fiscal Year LANDRIEU) were added as cosponsors of of amendment No. 4492 proposed to 2003 request for VA health care is $1.7 amendment No. 4481 proposed to H.R. H.R. 5005, supra. billion less than what is needed to fully 5093, a bill making appropriations for f fund our veterans’ health care needs. the Department of the Interior and re- We need a new approach to veterans STATEMENTS ON INTRODUCED lated agencies for the fiscal year end- health care. The Veterans Health Care BILLS AND JOINT RESOLUTIONS ing September 30, 2003, and for other Funding Guarantee Act that I am in- purposes. By Mr. JOHNSON: troducing today would change the way AMENDMENT NO. 4481 S. 2903. A bill to amend title 38, in which the VA health care system is At the request of Mr. ALLARD, his United States Code, to provide for a funded by moving it from discretionary name was added as a cosponsor of guaranteed adequate level of funding to mandatory spending. The bill would amendment No. 4481 proposed to H.R. for veterans health care; to the Com- establish a base-line funding year and 5093, supra. mittee on Veterans’ Affairs. calculate the average cost of a veteran Mr. JOHNSON. Mr. President, I rise AMENDMENT NO. 4481 using the VA health care system. The today to introduce the Veterans Health At the request of Mr. BAUCUS, the bill would them provide funding for the name of the Senator from Washington Care Funding Guarantee Act. total number of veterans who partici- I am introducing the legislation be- (Mrs. MURRAY) was added as a cospon- pate in the VA health care system. cause I believe the VA health case sys- sor of amendment No. 4481 proposed to That would be indexed annually for in- tem is on the brink of crisis. While the H.R. 5093, supra. flation. number of veterans in the United AMENDMENT NO. 4486 In my opinion, the men and women States has decreased over the years, At the request of Mr. JOHNSON, his who put their lives on the line in de- the number of veterans utilizing the name was added as a cosponsor of fense of this Nation should not be told VA health care system has increased amendment No. 4486 proposed to H.R. that they need to wait up to a year be- exponentially. This is due in large part 5005, a bill to establish the Department fore someone can assess their medical to the availability of Community- of Homeland Security, and for other needs. I believe that the Veterans Based Outpatient Clinics and the pre- purposes. Health Care Funding Guarantee Act is scription drug benefits available AMENDMENT NO. 4486 an important starting point to begin a through the VA. The VA estimates At the request of Mr. HARKIN, his discussion about maintaining our com- that it will see an additional 1.2 mil- name was added as a cosponsor of mitments to our Nation’s veterans. It lion patients over the next fiscal year. amendment No. 4486 proposed to H.R. is my hope that my colleagues will join This would bring the number of vet- 5005, supra. me in examining new ways to provide erans served through the VA up to 4.9 AMENDMENT NO. 4491 our veterans with the high-quality million, a 31 percent increase in one health care they deserve. At the request of Mr. SMITH of New year. Hampshire, the names of the Senator While the VA has become the health By Mr. ALLARD: from Arkansas (Mr. HUTCHINSON), the care system of choice for many vet- S. 2905. A bill to repeal the sunset of Senator from Wyoming (Mr. THOMAS) erans, the system is simply not the Economic Growth and Tax Relief and the Senator from South Carolina equipped to handle this kind of patient Reconciliation Act of 2001 with respect (Mr. THURMOND) were added as cospon- influx at the current funding level. Ac- to the elimination of the 60-month sors of amendment No. 4491 proposed to cording to the VA, 300,000 veterans are limit and an increase in the income H.R. 5005, a bill to establish the De- waiting for appointments, half of them limitation on the student loan interest partment of Homeland Security, and will end up waiting six months or deduction; to the Committee on Fi- for other purposes. more. I know this to be the case in my nance. AMENDMENT NO. 4491 own State. In Sioux Falls, veterans are Mr. ALLARD. Mr. President, today I At the request of Ms. COLLINS, her currently being given appointment introduce legislation that will repeal name was added as a cosponsor of dates for November of 2003. Further- the sunset of the Economic Growth and amendment No. 4491 proposed to H.R. more, recent articles in the Aberdeen Tax Relief Reconciliation Act of 2001 5005, supra. American News and the Argus Leader with respect to student loan interest AMENDMENT NO. 4491 reported that the VA has been in- deduction. My bill will make perma- At the request of Mr. ENSIGN, his structed not to recruit veterans into nent the provisions that are set to ex- name was added as a cosponsor of the health care system any more be- pire under current law on December 31, amendment No. 4491 proposed to H.R. cause of lack of resources. 2010. The affected provisions include 5005, supra. This is despite the fact that for the the elimination of the 60-month limit AMENDMENT NO. 4491 past several years Congress has pro- on deductibility of interest paid on a At the request of Mrs. BOXER, the vided funding for veterans health care qualified education loan and clarify name of the Senator from Montana in excess of the VA’s request. Two that voluntary payments of interests (Mr. BAUCUS) was added as a cosponsor years ago, I helped fight for a $1.4 bil- are deductible, as well as the adjust- of amendment No. 4491 proposed to lion increase in veterans health care ment to the phase out range for eligi- H.R. 5005, supra. funding over the Administration’s ini- bility for loan interest deduction up to AMENDMENT NO. 4492 tial request. Last year, we succeeded in $50,000 through $65,000 for single tax- At the request of Ms. COLLINS, her adding an additional $1.1 billion. Dur- payers and $100,000 to $130,000 for joint name was added as a cosponsor of ing Senate consideration of the Fiscal returns. amendment No. 4492 proposed to H.R. Year 2002 Emergency Supplemental Ap- Making these provisions permanent 5005, a bill to establish the Department propriations bill, I was pleased to work will be good for taxpayers because bor- of Homeland Security, and for other with my fellow members of the Appro- rowers will benefit from added tax re- purposes. priations Committee to ensure that lief when they voluntarily pay back September 5, 2002 CONGRESSIONAL RECORD — SENATE S8303 higher amounts of their student loans cause of the lack of high-quality four- Unfortunately, there are only very each month. More people will also ben- lane highways. limited funds available to upgrade the efit from the adjustment of the phase To address this issue, in 1995 Con- most dangerous two-lane rural NHS out range to a higher income bracket gress developed the concept of a Na- roads to four-lane highways. According for both single and joint tax returns. tional Highway System as a way of ex- to a recent GAO study, over two-thirds In my home State of Colorado over 40 tending the benefits of an efficient of all federal highways funding between percent of the adult residents have at highway network to all areas of the 1992 and 200 has gone either to roads in least a Bachelor’s degree, thus repeal- country. Congress designated the Na- urban areas or to interstate highways. ing the sunset date of these provisions tional Highway System to help focus Consequently, there is a continuing will have a positive long term effect on federal resources on the nation’s most shortfall in Federal highway funding my constituents. The current law is al- important roads. needed to upgrade the most important ready helping many people and we can Today there are about 160,000 miles rural two-lane highways. My bill will continue to help Americans keep more on the National Highway System in- help address the shortfall so that more of their money by repealing the sunset cluding all of the interstate highways rural segments of the NHS can be up- date of these provisions. and all other routes that are important graded to four-lane divided highways. I ask unanimous consent that the to the nation’s economy, defense, and In my State of New Mexico, we have text of the bill be printed in the general mobility. The NHS comprises made some progress toward upgrading RECORD. only 4 percent of the nation’s roads, our rural two-lane highways to four There being no objection, the bill was but carries more than 40 percent of all lanes. In recent years, US550 from ordered to be printed in the RECORD, as highway traffic, 75 percent of heavy Bernalillo to Farmington and US285 follows: truck traffic and 90 percent of tourist from Interstate 40 to Carlsbad have Be it enacted by the Senate and House of Rep- traffic. been widened to four lanes. In addition, resentatives of the United States of America in The NHS reaches nearly every part of Congress assembled, upgrading of US70 from Las Cruces to the nation. According to the Federal Clovis and a key segment of US54 from SECTION 1. REPEAL OF APPLICABILITY OF SUN- Highway Administration, about 90 per- SET OF THE ECONOMIC GROWTH El Paso to Alamogordo are nearly com- AND TAX RELIEF RECONCILIATION cent of American’s population lives pleted. But much more remains to be ACT OF 2001 WITH RESPECT TO within 5 miles of an NHS route. All done. ELIMINATION OF 60-MONTH LIMIT urban areas with a population of more New Mexico has 2,935 miles of rural AND INCREASE IN INCOME LIMITA- than 50,000 and 93 percent with a popu- TION ON STUDENT LOAN INTEREST roads in the NHS. One thousand of DEDUCTION. lation of between 5,000 and 50,000 are these NHS miles are interstates. Of the Section 901 of the Economic Growth and within 5 mile;s of the NHS. Counties balance of New Mexico NHS highways, Tax Relief Reconciliation Act of 2001 is with NHS highways have 99 percent of 1,755 miles are in the rural parts of my amended by adding at the end the following all jobs, including 99 percent of all new subsection: state, especially Chaves, Colfax, Eddy, manufacturing jobs, 90 percent of min- Lincoln, Guadalupe, Otero, Quay, San ‘‘(c) EXCEPTION.—Subsection (a) shall not ing jobs, and 93 percent of agricultural apply to the amendments made by section Juan, and Union Counties. And almost 412 (relating to elimination of 60-month jobs. 70 percent—1,217 miles, of New Mexico’s The NHS is the critical transpor- limit and increase in income limitation on rural NHS highways remain only two- tation link of most of our Nation’s student loan interest deduction).’’. lane roads. These two-lane roads are rural areas. According the Federal major transportation routes with By Mr. BINGAMAN: Highway Adminstration, of the 160,000 heavy truck and commercial traffic. In S. 2906. A bill to amend title 23, miles now on the National Highway 2000, a total of 10.3 billion vehicle miles United States Code, to establish a pro- System, fully 75 percent, or 119,000 were traveled on New Mexico’s NHS gram to make allocations to States for miles, are in rural areas. Of the 1.2 tril- highways, and about one quarter, or 2.7 projects to expand 2-lane highways in lion vehicle miles traveled in 2000 on billion miles, were traveled on these rural areas to 4-lane highways; to the NHS roads, about 60 percent were in rural NHS roads. Committee on Environment and Public rural areas. Works. I hope all senators will agree that As in many States, New Mexico’s Mr. BINGAMAN. Mr. President, I rise improving highway safety should be rural counties strongly believe their today to introduce the Rural Four- our top priority. When it comes to economic future depends on access to Lane Highway Safety and Development highway safety, the fact that travel on safe and efficient four-lane highways. Act of 2002. The purpose of this legisla- four-lane roads is safer than two-lane Basic transportation infrastructure is tion is to ensure that States have the roads. This is especially true in rural one of the critical elements companies resources they need to upgrade major areas. According to the Bureau of look for when choosing where to lo- two-lane roads across the Nation to Transportation Statistics, in 1998 the cate. Truck drivers and the traveling high-quality four-lane divided high- rate of traffic fatalities on all rural public prefer the safety and efficiency ways. The goals of this bill are to im- roads was 2.39 per 100-million vehicle of a four-lane divided highway. prove the safety of our most dangerous miles; however, the rate of rural inter- Thus one of the top priorities for highways and to stimulate economic state highways was half as high, only rural cities and counties in my State is development in rural areas. 1.23 per 100 million vehicle-miles. to complete the four-lane upgrade of I think most Senators would agree The reason for the lower fatality rate such key routes as US54 from Tularosa that the Dwight D. Eisenhower Na- on rural interstate highways should be to Nara Vista, US62/180 from Carlsbad tional System of Interstate and De- obvious. When a road has only one lane to the Texas State line, US64/87 from fense Highways is one of the transpor- in each direction, trucks and other Clayton to Raton, US 666 from north to tation marvels of the 20th century. The slow-moving vehicles increase the haz- Gallup to Shiprock, US285 from Clines system’s 46,000 miles of divided high- ard of passing. Vehicles turning on or Corners to Lamy, and US180 from ways interconnect virtually every off a two-lane road can also increase Deming to Silver City. These two-lane major urban areas in the Nation. The risk. A divided four-lane highway rural routes in New Mexico not only system represents one of the most effi- greatly reduces these perils. bear some of the State’s heaviest truck cient and safest highway systems in Of the 119,000 miles of rural NHS and automobile traffic, but also are the world. roads, about 33,000 miles are inter- some of the state’s most dangerous. In Unfortunately, when the Interstate states and another 28,000 miles have fact, US 666 is considered one of the System was planned it left many rural been upgraded to four or more lanes. most dangerous two-lane highways in communities and smaller urban areas The remaining 58,000 miles, more than the Nation. without direct links to the high-qual- half of this rural highway network— I ask unanimous consent that a table ity transportation network that the are stil only two-lane roads with no showing recent accident, fatality and interstate highways provide. Many of central divider. These are the most injury rates for these major two-lane these smaller and rural communities dangerous roads on the National High- highways in New Mexico be printed in continue to suffer economically be- way System. the RECORD. S8304 CONGRESSIONAL RECORD — SENATE September 5, 2002 EXHIBIT 1.—MAJOR TWO-LANE NHS HIGHWAYS IN NEW Mr. BINGAMAN. Mr. President, New blesome in his state. I would note that MEXICO Mexico is not alone in needing to up- Nevada has about 1,300 miles of rural grade two-lane roads on the National two-lane NHS highways. Excluding Two-lane NHS routes in New Mex- Crashes Fatalities Injuries Highway System. Just last month my ico 1998–2000 1998–2000 1998–2000 interstates, 92 percent of the rural NHS good friend Senator REID of Nevada, miles in Nevada are still only two-lane US 62/180 Carlsbad to Texas chaired a hearing of the Transpor- roads. State Line 30 miles ...... 55 2 34 tation, Infrastructure and Nuclear US 54, Tularosa to Texas State Along with Nevada, many other Line SPIRIT High Priority Cor- Safety Subcommittee of the Environ- ridor 214 miles ...... 364 12 217 ment and Public Works Committee on States have long stretches of two-lane US 64/87 Raton to Clayton Ports- NHS roads. For example, Texas has to-Plains High Priority Corridor the topic of western transportation 74 miles ...... 163 5 157 issues. One of the witnesses, Tom Ste- over 3,400 miles of rural two-lane NHS US 666 North of Gallup to roads. In Montana, 95 percent of all Shiprock 59 miles ...... 148 12 166 phens, Director of Nevada’s Depart- US 180 Deming to Silver City 40.5 ment of Transportation, testified that rural NHS roads are still only two miles ...... 60 3 50 rural two-lane highways are of special lanes. Mr. President, I ask unanimous US 285 Clines Corners to Lamy 37 miles ...... 42 0 26 concern in Nevada. He indicated that consent that a table showing the num- US 60/84 Santa Rosa to Ft. Sum- the number of head-on accidents, which ber of miles of rural two-lane highways ner to Clovis 89 miles ...... 97 6 54 almost always include at least on vehi- in selected States be printed at this Source: New Mexico State Highway and Transportation Department. cle with no fault, were especially trou- point in the RECORD. EXHIBIT 2.—RURAL TWO- AND FOUR-LANE ROADS ON THE NATIONAL HIGHWAY SYSTEM FOR SELECTED STATES

Total rural NHS Rural Interstate All other rural NHS Two-lane rural NHS Percent Rural Two State miles NHS miles miles miles Lane

Arkansas ...... 2,253 467 1,786 1,465 83% California ...... 5,031 1,357 3,674 2,433 66% Colorado ...... 2,598 767 1,831 1,286 70% Idaho ...... 2,188 526 1,662 1,471 89% Illinois ...... 3,358 1,515 1,843 1,407 76% Iowa ...... 2,672 635 2,037 1,547 76% Kansas ...... 3,352 694 2,658 2,293 86% Michigan ...... 3,048 741 2,307 1,753 76% Minnesota ...... 2,213 557 2,581 1,897 73% Missouri ...... 3,385 806 2,579 1,853 72% Montana ...... 3,739 1,134 2,605 2,469 95% Nebraska ...... 2,686 437 2,249 1,964 87% Nevada ...... 1,921 480 1,441 1,317 92% New Mexico ...... 2,647 892 1,775 1,217 69% North Dakota ...... 2,619 531 2,088 1,659 79% Oklahoma ...... 2,836 721 2,115 1,105 52% Oregon ...... 3,259 581 2,678 2,197 82% Pennylvania ...... 3,459 1,207 2,252 1,426 63% South Dakota ...... 2,822 629 2,193 1,938 88% Texas ...... 8,736 2,213 6,523 3,465 53% Wisconsin ...... 3,240 580 2,660 1,702 64% Wyoming ...... 2,784 826 1,958 1,924 98% U.S. total ...... 118,878 33,048 85,830 58,444 68% Source: FHWA, Highway Statistics 2000, Tables HM–15 and HM–35

Mr. BINGAMAN. Of course, two-lane safe and efficient four-lane divided Moreover, some of the existing two- rural NHS roads are not unique to the highways. The states would determine lane roads probably don’t have suffi- large western states. Even in the East, which two-lane roads they wanted to cient traffic to justify upgrading at where states are smaller, many NHS upgrade. To be eligible for funding, the this time. In addition, some two-lane routes remain only two lanes. In highway must be on the National High- NHS routes pass through scenic areas Vermont, 78 percent of rural NHS roads way System or a congressionally des- where it may not be appropriate to up- are only two lanes, in New Hampshire ignated High Priority Corridor. In my grade to four lanes. However, I do be- it’s 84 percent and 99 percent in Maine. bill, priority for funding is given to up- lieve the funding in this bill will take Mr. President, I do believe it is time grading the most dangerous two-lane us a long way toward ensuring the Congress took action to improve the highways, routes most affected by in- most critical projects are completed in safety of cars and trucks on these im- creased traffic as a result of NAFTA, the next six years. portant two-lanes roads. This year, I highways that have high levels of com- Mr. President, next year Congress secured $1 million in federal funding to mercial traffic, and projects that will must take up the reauthorization of begin the upgrade of US64/87 between help stimulate regional economic the comprehensive six-year transpor- Clayton and Raton, which is part of the growth. Total funding for six years is tation bill, TEA–21. I am introducing Ports-to-Plains High Priority Corridor $1.8 billion from the highway trust this bill today to help ensure that the on the National Highway System. fund. issue of the safety of rural two-lane In addition, Senator ROBERTS and I NHS routes will receive the attention have introduced legislation to des- Mr. President, I continue to believe it deserves in the debate on reauthor- ignate US Highway 54 from El Paso, strongly in the important role of high- ization. I look forward to working with Texas, through New Mexico, Texas, and way infrastructure to economic devel- the chairman of the Environment and Oklahoma to Wichita, Kansas as the opment. Even in this age of the so- Public Works Committee, Senator JEF- SPIRIT High Priority Corridor. Our bi- called ‘‘new’’ economy and high-speed FORDS, and Senator SMITH, the ranking partisan bill has three cosponsors. A digital communications, roads con- member, as well as Senators REID and high-priority corridor designation pro- tinue to link our communities together INHOFE of the Transportation, Infra- vides no additional federal funding, but and to carry the commercial goods and structure and Nuclear Safety Sub- helps focus attention on the need to products our citizens need. Safe and ef- committee, to find a way to ensure ad- upgrade the nation’s major two-lanes ficient highways are especially impor- ditional federal resources are in place routes. The sponsors of the bill have tant to citizens in the rural parts of to begin the work of upgrading existing joined me in urging the Environment our country. two-lane NHS roads to safe, efficient and Public Works Committee to act I recognize that the funding level in four-lane divided highways. promptly on our bill. this bill is not large enough to upgrade Mr. President, the purpose of the bill all of the remaining two-lane routes on Mr. President, I ask unanimous con- I am introducing today, the Rural the NHS in the course of the next six sent that a copy of the bill be printed Four-Lane Highway Safety and Devel- years. Upgrading an existing two-lane in the RECORD. opment Act of 2002, is to provide direct road to a full four-lane divided highway There being no objection, the bill was federal funding to states to upgrade ex- can cost upward of one million dollars ordered to be printed in the RECORD, as isting two-lane roads in rural areas to per mile. follows: September 5, 2002 CONGRESSIONAL RECORD — SENATE S8305 Be it enacted by the Senate and House of Rep- in Washington, D.C., as the ‘‘Joseph Senate takes the next step to make resentatives of the United States of America in Curseen, Jr. and Thomas Morris, Jr. sure that the Brentwood facility is re- Congress assembled, Processing and Distribution Center’’; named in honor of these fallen heroes. SECTION 1. SHORT TITLE. to the Committee on Governmental Af- On Friday, I will be going to New This Act may be cited as the ‘‘Rural Four- fairs. York to commemorate last year’s ter- Lane Highway Safety and Development Act rorists attacks, to honor our public of 2002’’. Ms. MIKULSKI. Mr. President, I rise today to introduce a bill to rename the servants, our firemen, postal workers, SEC. 2. RURAL 4-LANE HIGHWAY DEVELOPMENT PROGRAM. Brentwood Postal Facility after Joseph port authority workers, EMTs, police- (a) IN GENERAL.—Title 23, United States Curseen, Jr. and Thomas Morris, Jr., men, and all those who assisted in the Code, is amended by inserting after section the two postal workers who died in last rescues. 138 the following: year’s anthrax attack. I want all postal workers to know ‘‘§ 139. Rural 4-lane highway development I have expressed my deepest condo- that I am on their side. I will not for- program lences to the families of these two men, get how deeply they have suffered. I ‘‘(a) DEFINITIONS.—In this section: both residents of my State of Mary- will continue to fight for them in Con- ‘‘(1) 2-LANE HIGHWAY.—The term ‘2-lane land. They were true public servants. gress and make sure that their voice is highway’ means a highway that has not They were patriots. They died in serv- heard. more than 1 lane of traffic in each direction. ice to their country. I want to you to It is our responsibility as United ‘‘(2) 4-LANE HIGHWAY.—The term ‘4-lane States Senators to ensure the right highway’ means a highway that has 2 lanes know that I will be standing sentry to of traffic in each direction. make sure that we do not forget Joe people are asking the right questions ‘‘(b) ESTABLISHMENT OF PROGRAM.—The Curseen and Tom Morris. to protect all Americans from the risks Secretary shall establish and carry out a America must remember the sac- of terrorism, and to ensure that all program to make allocations to States for rifices they made, the pain felt by their Americans who are victims of terrorist projects, consisting of planning, design, envi- families, and everyone affected by the attacks are treated equally. ronmental review, and construction, to ex- anthrax attacks. All of our Nation’s There being no objection, the bill was pand eligible 2-lane highways in rural areas postal workers deserve our attention ordered to be printed in the RECORD, as to 4-lane highways. follows: ‘‘(c) APPLICATIONS.—To be eligible to re- and our gratitude for their bravery, Be it enacted by the Senate and House of Rep- ceive an allocation under this section, a steadfastness and dedication to duty. resentatives of the United States of America in State shall submit to the Secretary an appli- The lives of Joseph Curseen, Jr. and Congress assembled, cation at such time, in such form, and con- Thomas Morris, Jr. truly exemplify the SECTION 1. JOSEPH CURSEEN, JR. AND THOMAS taining such information as the Secretary best qualities of our Nation’s postal MORRIS, JR. PROCESSING AND DIS- may require. workers. TRIBUTION CENTER. ‘‘(d) ELIGIBLE HIGHWAYS.—The Secretary Joseph Curseen was a native of Wash- (a) REDESIGNATION.—The facility of the may make allocations under this section ington, DC and a long-time resident of United States Postal Service located at 900 only for projects to expand 2-lane highways Brentwood Road, NE, in Washington, D.C., that are on— Prince George’s County, MD. Mr. Curseen began and ended each day at and known as the Brentwood Processing and ‘‘(1) the National Highway System; or Distribution Center, shall be known and des- ‘‘(2) a high priority corridor identified his job with a handshake and a smile ignated as the ‘‘Joseph Curseen, Jr. and under section 1105(c) of the Intermodal Sur- for his colleagues. He enjoyed his job at Thomas Morris, Jr. Processing and Distribu- face Transportation Efficiency Act of 1991 the postal service so much that he tion Center’’. (105 Stat. 2032). never called in sick during his 15 years (b) REFERENCES.—Any reference in a law, ‘‘(e) PRIORITY IN SELECTION.—In making al- there. map, regulation, document, paper, or other locations under this section, the Secretary He was also a leader in his commu- record of the United States to the facility re- shall give priority to— ferred to in subsection (a) shall be deemed to ‘‘(1) projects to improve highway safety on nity and in his church. As President of his neighborhood association, he and be a reference to the Joseph Curseen, Jr. and the most dangerous rural 2-lane highways on Thomas Morris, Jr. Processing and Distribu- the National Highway System; his wife of 16 years, Celestine, helped tion Center. ‘‘(2) projects carried out on rural highways build a playground and a park for local with respect to which the annual volume of children. He was also active in his local By Mr. FEINGOLD (for himself, commercial vehicle traffic— church and led a bible study group for Mr. LEAHY, Mr. LIEBERMAN, Mr. ‘‘(A) has increased since the date of enact- his fellow postal workers. He will be ment of the North American Free Trade KOHL, Mr. REID, Mr. SARBANES, Agreement Implementation Act (107 Stat. missed by many. Mr. TORRICELLI, and Mr. JEF- 2057); or Mr. Morris, who known as ‘‘Moe’’ by FORDS): ‘‘(B) is expected to increase after the date his friends at the Brentwood facility, S. 2908. A bill to require the Sec- of enactment of this section; was also a Washington, DC native and retary of Defense to establish at least ‘‘(3) projects carried out on rural highways long-time resident of Maryland’s one Weapons of Mass Destruction Civil with high levels of commercial truck traffic; Prince George’s County. He was a vet- Support Team in each State, and for and eran, serving over four years in the Air other purposes; to the Committee on ‘‘(4) projects on highway corridors that Force. He continued his public service Armed Services. will help stimulate regional economic with 23 years at the U.S. Postal Serv- Mr. FEINGOLD. Mr. President, growth and development in rural areas. ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— ice. today, I am introducing the Weapons of There is authorized to be appropriated from His wife Mary says he was a quiet Mass Destruction Civil Support Act of the Highway Trust Fund (other than the and deeply religious man who led by 2002. This bill would require the Sec- Mass Transit Account) to carry out this sec- example. In her eulogy, she said that retary of Defense to establish at least tion $300,000,000 for each of fiscal years 2004 he was true to others and true to him- one Weapons of Mass Destruction Civil through 2009.’’. self. Mr. Morris was a beloved husband, Support Team, WMD-CST, in each (b) CONFORMING AMENDMENT.—The analysis grandfather, father, and stepfather as State by September 30, 2003. The cost for chapter 1 of title 23, United States Code, is amended by inserting after the item relat- well as president of his local bowling of establishing, training, equipping, ing to section 138 the following: league. He will also be deeply missed. and operating these new teams would ‘‘139. Rural 4-lane highway development pro- By renaming Brentwood in their be paid for from existing fiscal year gram.’’. honor, America will pay tribute to 2003 resources, thus requiring no addi- their commitment to public service, tional spending. By Ms. MIKULSKI (for herself, their families and their communities. I am pleased to be joined in this ef- Mr. DASCHLE, Mr. LEAHY, Mr. At their funeral, these two dedicated fort by Senators LEAHY, LIEBERMAN, SARBANES, Mrs. CLINTON, Mr. public servants were awarded the Post- KOHL, REID of Nevada, SARBANES, KENNEDY, Mr. AKAKA, Mr. master General’s Medal of Freedom. TORRICELLI, and JEFFORDS. TORRICELLI, Mr. JOHNSON, Mr. Yesterday, Representatives Wynn, Nor- WMD–CSTs are comprised of 22 full- CORZINE, and Mr. SCHUMER): ton and the rest of the Maryland dele- time National Guard personnel who are S. 2907. A bill to redesignate the fa- gation led the charge to pass a bill to specially trained and equipped to de- cility of the United States Postal Serv- rename the Brentwood facility for ploy and assess suspected nuclear, ice located at 900 Brentwood Road, NE, these two fallen heroes. Today, the chemical, biological, or other threats S8306 CONGRESSIONAL RECORD — SENATE September 5, 2002 in support of local first responders. took place in my home State. Because pose and period of availability) out of funds There are currently 32 full-time and 23 Wisconsin has only a part-time WMD– authorized to be appropriated for fiscal year part-time WMD–CSTs across the coun- CST, the Minnesota team was deployed 2003 for purposes as follows: try. on a standby mission to Milwaukee for (1) For the Army, for— (A) military personnel; The emerging chemical, biological, this event. The members of Wisconsin’s (B) operation and maintenance; and other threats of the 21st century part-time WMD–CST also participated (C) other procurement; or present new challenges to our military in this deployment. According to the (D) military construction. and to local first responders. The Wisconsin National Guard, if Wisconsin (2) For the Air Force for military per- WMD–CSTs play a vital role in assist- had a full-time team, deployment of sonnel. ing local first responders in inves- the Minnesota team would not have (3) For the Department of Defense for the tigating and combating these new been necessary. chemical and biological defense program. threats. The September 11 terrorist at- In light of the tragic events of Sep- By Mr. SMITH of Oregon: tacks emphasize the need to have full- tember 11, the presence of at least one S. 2909. A bill to amend the Internal time WMD–CSTs in each State. As the WMD–CST in each State is all the more Revenue Code of 1986 to make perma- events of that day so clearly and trag- imperative. These terrorist attacks, nent the deduction for qualified tuition ically demonstrated, local first re- and the subsequent mobilization of and related expenses and to repeal the sponders are on the front lines of com- tens of thousands of National Guards- sunset of the Economic Growth and bating terrorism and responding to men and Reservists, also underscore Tax Relief Reconciliation Act of 2001 other large-scale incidents. As we the need to provide adequate resources with respect to such deduction and the rethink the security needs of our coun- for and to ensure full-time manning of extension of the exclusion for em- try, we should support the creation of the National Guard. As we move to es- ployer-provided education assistance; an additional 23 full-time WMD–CSTs tablish at least one 22-member WMD– to the Committee on Finance. as soon as possible. Establishing these CST in each State, I call on the Pen- Mr. SMITH of Oregon. Mr. President, additional full-time teams will improve tagon to allocate the necessary re- I come to the floor today to introduce the overall capability of Wisconsin and sources to ensure adequate National the College Tuition Relief Act of 2002, a the other 18 States with part-time Guard personnel end-strengths to pro- bill that will go a long way toward eas- teams to prepare for and respond to po- vide for full-time manning and for the ing the burden of college tuition fees tential threats in the future. additional personnel necessary for for parents and students across the According to the National Guard Bu- these new teams. country. reau, WMD–CSTs performed 694 oper- I am pleased that this bill is sup- When President Bush signed the Eco- ational missions between September 11, ported by the Wisconsin National nomic Growth and Tax Relief Rec- 2001, and August 26, 2002. These mis- Guard and by the National Guard Asso- onciliation Act last year, millions of sions fall into three categories: ‘‘re- ciation of the United States. hard working Americans finally got to sponse,’’ ‘‘standby,’’ and ‘‘assist.’’ I ask unanimous consent that the keep more of their own money so that Response missions occur when a text of the bill be printed in the they could spend it in ways that helped team is deployed to sample a suspected RECORD. their families most. Too often forgot- or known hazardous substance. Since There being no objection, the bill was ten, though, is the fact that none of the September 11, WMD–CSTs have de- ordered to be printed in the RECORD, as provisions in that important tax relief ployed on 151 response missions, most follows: bill is permanent. All will expire in a of which were to investigate reports of Be it enacted by the Senate and House of Rep- few short years, and, unless we act suspicious white powder in the wake of resentatives of the United States of America in soon, the American taxpayers will have Congress assembled, the anthrax attacks of last fall. Other to adjust their budgets to account for SECTION 1. SHORT TITLE. response missions included reports of This Act may be cited as the ‘‘Weapons of higher taxes once again. the presence of unknown liquids or of Mass Destruction Civil Support Team Act of Included in last year’s tax relief leg- suspicious pieces of mail. 2002’’. islation were two provisions that are of There have been 74 standby missions SEC. 2. ESTABLISHMENT OF AT LEAST ONE WEAP- the utmost importance to families and during this same time frame. On these ONS OF MASS DESTRUCTION CIVIL young students struggling to pay the missions, WMD–CSTs deploy to provide SUPPORT TEAM IN EACH STATE. ever-increasing costs of higher edu- expertise to a specific community for (a) REQUIREMENT.—The Secretary of De- cation. The first allows taxpayers to the visit of a dignitary such as the fense shall ensure that there is established, by not later than September 30, 2003, at least deduct as much as $4000 of their college President or a Governor, or for a large- one Weapons of Mass Destruction Civil Sup- tuition expenses from their taxes every scale event. In the past year, WMD– port Team in each State. year; the second allows individuals to CSTs have been on standby for events (b) DEFINITIONS.—In this section: exclude as much as $5250 in employer- including the Major League Baseball (1) The term ‘‘Weapons of Mass Destruc- provided education assistance from All-Star Game in Milwaukee, the 2002 tion Civil Support Team’’ means a team their taxes, a critically important ben- Winter Olympics and Paralympics in that— efit for a great many Americans at- Salt Lake City, the World Series, the (A) provides support for emergency pre- tempting to balance school with work, paredness programs to prepare for or to re- Super Bowl, and Mardi Gras. spond to any emergency involving the use of family, and limited budgets. Assist missions give WMD–CST mem- a weapon of mass destruction (as defined in Because of an unfortunate quirk in bers the opportunity to use their tech- section 1403 of the Defense Against Weapons the law, both of these provisions will nical expertise to assist or provide ad- of Mass Destruction Act of 1996 (50 U.S.C. expire after only a few years, and fu- vice to local first responders or other 2302)); and ture generations of young people will organizations and to participate in (B) is composed of members of National not receive the benefits of a more af- conferences and other events that focus Guard who are performing duties as members fordable education. The solution to on how to respond to attacks. In the of the team under the authority of sub- this problem is simple: we should make past year, CSTs have performed 469 as- section (c) of section 12310 of title 10, United these provisions permanent. My bill States Code, while serving on active duty as sist missions in support of local, State, described in subsection (a) of such section or does just that. The College Tuition Re- and Federal agencies including law en- on full-time National Guard duty under sec- lief Act of 2002 will simply ensure that forcement, hospitals, health depart- tion 502(f) of title 32, United States Code. future college students will be able to ments, state emergency management (2) The term ‘‘State’’ includes the District count on their government to support agencies, the American Red Cross, the of Columbia, Puerto Rico, the Virgin Islands, them as they work towards attaining a Coast Guard, the Secret Service, the and Guam. good education. Federal Bureau of Investigation, the (c) FUNDING.—The costs of establishing The two provisions that this bill will Weapons of Mass Destruction Civil Support make a permanent part of our tax law Drug Enforcement Agency, and the Teams to comply with the requirement in United States Navy. subsection (a), and the costs of training and have always received broad bipartisan As I noted earlier, a WMD–CST was equipping the teams established to comply support, and I am confident that none deployed to be on standby during this with such requirement, may be paid (to the of us wants to take back the help we year’s baseball All-Star game, which extent properly allocable on the bases of pur- are currently giving to college students September 5, 2002 CONGRESSIONAL RECORD — SENATE S8307 and the families who so often con- savings for not only a college edu- Mr. DODD. Mr. President, I rise to tribute to their tuition. Even my col- cation, but also for elementary and introduce the Student Bill of Rights. leagues who did not vote for last year’s secondary school expenses, including This bill is critical to ensuring that tax relief should find it easy to support tuition, books, computers, and tutor- every child in America receives the this bill and, along with it, our Na- ing. Earnings on contributions to this educational opportunity that is the tion’s college students. plan are tax-free due to the tax bill foundation of America’s promise of I ask unanimous consent that the that was passed last year. Now, it is equal opportunity for all. text of the Bill be printed in the time to continue this commitment to This bill would hold States account- RECORD. our children. able for providing the fundamentals of There being no objection, the bill was Parents who want to open an edu- education—including highly qualified ordered to be printed in the RECORD, as cation savings account this year for teachers, principals, and academic sup- follows: their child who is five years old have port personnel, challenging curricula, Be it enacted by the Senate and House of Rep- no guarantee that those accounts will small classes, current textbooks, qual- resentatives of the United States of America in exist beyond 2010. Last year’s tax bill, ity libraries, up-to-date facilities and Congress assembled, as we know, sunsets in 2010. But for technology, and capable guidance SECTION 1. SHORT TITLE. this program, parents need to be as- counselors to students at all schools in This Act may be cited as the ‘‘College Tui- sured that money they are saving now the State. Current law requires that tion Relief Act of 2002’’. will be available for college tuitions in schools within the same district pro- SEC. 2. PERMANENT DEDUCTION FOR QUALIFIED TUITION AND RELATED EXPENSES. 2011 and beyond. With the cost of high- vide comparable educational services. (a) PERMANENT DEDUCTION.— er education rising faster than family This bill would extend that basic pro- (1) IN GENERAL.—Section 222 of the Internal income, we need to ensure that these tection to the State level by requiring Revenue Code of 1986 (relating to qualified saving tools will be available for years comparability across school districts. tuition and related expenses) is amended by to come for families who are preparing And, this bill would help ensure that striking subsection (e). for their future and being smart about states comply with State or Federal (2) CONFORMING AMENDMENT.—Subpara- their money. The average cost of tui- court orders concerning the fairness of graph (B) of section 222(b)(2) of such Code (re- tion and fees between the 1989–1990 and their public school systems. lating to applicable dollar limit) is amended I want to thank Senators KENNEDY, by striking ‘‘2004 AND 2005.—In the case of a 2001–2002 school years rose by 8 percent taxable year beginning in 2004 or 2005,’’ and a year at 4-year private colleges and 10 WELLSTONE, and REED for joining me in inserting ‘‘2004 AND THEREAFTER.—In the case percent a year at 4-year public col- introducing this bill and for their long- of any taxable year beginning after 2003,’’. leges, while family income rose by only standing commitment to this issue. I (b) REPEAL OF SUSPENSION.—Section 901 of 5 percent annually during that same also want to thank Representative the Economic Growth and Tax Relief Rec- time period. CHAKA FATTAH, of Philadelphia. Rep- onciliation Act of 2001 is amended by adding Parents should have the assurance resentative FATTAH is a leader in the at the end the following new subsection: that accounts that are started now, fight for educational opportunity for ‘‘(c) EXCEPTION.—Subsection (a) shall not all. He and I have worked together apply to the amendments made by section and that would not be tapped into for 431 (relating to qualified tuition and related ten to fifteen years, would still be closely on this issue, and he is intro- expenses).’’. around at that time. ducing a similar Student Bill of Rights SEC. 3. REPEAL OF APPLICABILITY OF SUNSET I have started education savings ac- in the other body today. OF THE ECONOMIC GROWTH AND counts for my grandchildren, who are Nearly 50 years after Brown v. Board TAX RELIEF RECONCILIATION ACT all infants and toddlers, and I want to of Education, our educational system OF 2001 WITH RESPECT TO EXTEN- remains largely separate and unequal. SION OF EXCLUSION FOR EM- know that they will be able to use this PLOYER-PROVIDED EDUCATIONAL money years down the road for elemen- Whether an American child is taught ASSISTANCE. tary or secondary schools or for their by a high quality teacher in a small Section 901 of the Economic Growth and college education. class, has access to the best courses Tax Relief Reconciliation Act of 2001 is We need to make this benefit perma- and instructional materials, goes to amended by adding at the end the following nent now to ensure savings incentives school in a new, modern building, and new subsection: for years to come. otherwise benefits from educational re- ‘‘(c) EXCEPTION.—Subsection (a) shall not apply to the amendments made by section I ask unanimous consent that the sources that have been shown to be es- 411 (relating to modifications to extension of text of the bill be printed in the sential to a quality education, still de- exclusion for employer-provided educational RECORD. pends on where the child’s family can assistance).’’. There being no objection, the bill was afford to live. In fact, the United ordered to be printed in the RECORD, as States ranks last among developed By Mr. HUTCHINSON (for him- follows: countries in the difference in the qual- self, Mr. GREGG, Mr. KYL, Mr. Be it enacted by the Senate and House of Rep- ity of schools available to wealthy and CRAIG, Mr. MURKOWSKI, Mr. AL- resentatives of the United States of America in low-income children. LARD, and Mr. MCCAIN): Congress assembled, This is simply unacceptable, and it is S. 2911. A bill to repeal the sunset of SECTION 1. REPEAL OF APPLICABILITY OF SUN- SET OF THE ECONOMIC GROWTH why the Student Bill of Rights is so the Economic Growth and Tax Relief AND TAX RELIEF RECONCILIATION important to our children’s ability to Reconciliation Act of 2001 with respect ACT OF 2001 WITH RESPECT TO achieve academically, to gain the to the modifications to education indi- MODIFICATIONS TO EDUCATION IN- skills they need to be responsible, par- vidual retirement accounts; to the DIVIDUAL RETIREMENT ACCOUNTS. Section 901 of the Economic Growth and ticipating citizens in our diverse de- Committee on Finance. Tax Relief Reconciliation Act of 2001 is mocracy, and to compete and succeed Mr. HUTCHINSON. Mr. President, I amended by adding at the end the following in the global economy. am pleased to rise today to make per- new subsection: Last year, Democrats and Repub- manent a provision included in last ‘‘(c) EXCEPTION.—Subsection (a) shall not licans worked closely with President year’s tax bill, the Coverdell education apply to the amendments made by section Bush to pass the No Child Left Behind savings accounts. Congress took an im- 401 (relating to modifications to education Act, to hold schools accountable for portant step last year in providing real individual retirement accounts).’’. closing the achievement gap for low-in- options for parents to save for their come students, minority students, lim- children’s elementary, secondary, and By Mr. DODD (for himself, Mr. KEN- ited-English proficient students, and postsecondary educations. It is impor- NEDY, Mr. WELLSTONE, and Mr. students with disabilities and to hold tant now that we ensure that these op- REED): them accountable for all students per- tions do not disappear in the future. S. 2912. A bill to provide for edu- forming at a high level. Coverdell education savings accounts cational opportunities for all students I commend the President for his in- provided a new way for parents to save in State public school systems, and for terest in education. Holding schools to for their child’s education. Accounts other purposes; to the Committee on high standards of student achievement were increased to a maximum of $2,000, Health, Education, Labor, and Pen- is critical. But, it’s not the same as and parents can now use the tax-free sions. reaching those standards. If we don’t S8308 CONGRESSIONAL RECORD — SENATE September 5, 2002 make sure that every school has the tion’s most disadvantaged students in (1) A high-quality, highly competitive edu- tools it needs, we will be like parents the neediest schools are forced to make cation for all students is imperative for the with two children telling them that do with far less than other students. economic growth and productivity of the At the same time, the President United States, for its effective national de- they expect both children to work hard fense, and to achieve the historical aspira- and do well in school, but that they wants to take nearly $4 billion away tion to be one Nation of equal citizens. It is will only help one of them with their from these students and these schools therefore necessary and proper to overcome homework, will only allow one of them to fund private school vouchers. Pri- the nationwide phenomenon of State public to use the family’s encyclopedia or vate schools provide many children school systems that do not meet the require- computer, and will only allow one of with a good education, but for America ments of section 101(a), in which high-qual- them to study in their warm room, to continue to succeed as a Nation, our ity public schools typically serve high-in- while the other must study in the public schools must also succeed. come communities and poor-quality schools And, the way to help them succeed is typically serve low-income, urban, rural, and unheated basement. minority communities. I know that States have made some not to drain resources from them in (2) There exists in the States a significant progress over the years in leveling the the vain hope that the answer lies else- educational opportunity gap for low-income, playing field, and that they are facing where, but by making sure that every urban, rural, and minority students charac- terrific budgetary pressures. And, I public school has the resources to pro- terized by the following: know that the Federal Government is vide our children with the education (A) Continuing disparities within States in facing budget deficits instead of sur- they need and deserve, through meas- students’ access to the fundamentals of edu- pluses, but providing enough resources ures such as the Student Bill of Rights, cational opportunity described in section 102. (B) Highly differential educational expend- for education shouldn’t be a choice. We fully funding Title I and special edu- itures (adjusted for cost and need) among don’t, and we shouldn’t, say that ‘‘We’d cation, and others. school districts within States. like to do more about national secu- In the end, this is about the simple (C) Radically differential educational rity, but times are tough.’’ We can’t fact that the quality of a child’s edu- achievement among students in school dis- accept that argument for education, ei- cation shouldn’t be determined by the tricts within States as measured by the fol- ther. digits of their zip code. This measure lowing: This bill does not represent a radical corrects that inequity by ensuring that (i) Achievement in mathematics, reading each and every child’s school has the or language arts, and science on State aca- notion. This Congress and last, 42 Sen- demic assessments required under section ators and 183 Representatives voted for resources to provide them with a de- 1111(b)(3) of the Elementary and Secondary similar legislation that Mr. FATTAH cent education, and in turn, an equal Education Act of 1965 (20 U.S.C. 6311(b)(3)) and I offered. A radical notion is the opportunity for a successful future. and on the National Assessment of Edu- idea that a country founded on the And so, I urge my colleagues to join cational Progress. principal of equal opportunity for all me in supporting the Student Bill of (ii) Advanced placement courses taken. can continue to accept an educational Rights. (iii) SAT and ACT test scores. system that provides real educational I ask for unanimous consent that the (iv) Dropout rates and graduation rates. text of the bill be printed in the (v) College-going and college-completion opportunity for just a select few. rates. That’s not to say that only states RECORD. (vi) Job placement and retention rates and have to do better. The No Child Left There being no objection, the bill was indices of job quality. Behind Act rightly requires school dis- ordered to be printed in the RECORD, as (3) As a consequence of this educational op- tricts and schools to do more, and we follows: portunity gap, the quality of a child’s edu- need to do much, much more in Wash- Be it enacted by the Senate and House of Rep- cation depends largely upon where the resentatives of the United States of America in child’s family can afford to live, and the det- ington to fulfill our role in this proc- Congress assembled, ess. More than 90 percent of America’s riments of lower quality education are im- SECTION 1. SHORT TITLE. posed particularly on— children rely upon public schools, yet This Act may be cited as the ‘‘Student Bill (A) children from low-income families; less than 2 percent of our entire federal of Rights’’. (B) children living in urban and rural budget is spent on helping our grade SEC. 2. TABLE OF CONTENTS. areas; and schools and high schools. That’s only The table of contents for this Act is as fol- (C) minority children. about 7 percent of all education spend- lows: (4) Since 1785, Congress, exercising the ing. Sec. 1. Short title. power to admit new States under section 3 of When he signed the No Child Left Be- Sec. 2. Table of contents. article IV of the Constitution (and pre- Sec. 3. Findings and purposes. viously, the Congress of the Confederation of hind Act this January, President Bush States under the Articles of Confederation), promised that the Federal Government TITLE I—EDUCATIONAL OPPORTUNITY IN STATE PUBLIC SCHOOL SYSTEMS has imposed upon every State, as a funda- would make sure schools have the re- mental condition of the State’s admission, Subtitle A—Access to Educational sources necessary to meet the new that the State provide for the establishment Opportunity law’s requirements. But, in February, and maintenance of systems of public Sec. 101. State public school systems. schools open to all children in such State. with the ink on the new law not yet Sec. 102. Fundamentals of educational op- (5) Over the years since the landmark rul- dry, the President sent his education portunity. budget to Congress and the resources ing in Brown v. Board of Education, 347 U.S. Subtitle B—State Accountability 483, 493 (1954), when a unanimous Supreme were not there. In fact, the President Sec. 111. State accountability plan. Court held that ‘‘the opportunity of an edu- took an enormous step backward by Sec. 112. Consequences of failure to meet re- cation..., where the State has undertaken proposing to cut Federal support for quirements. to provide it, is a right which must be made the No Child Left Behind Act. Subtitle C—Report to Congress and the available to all on equal terms’’, courts in 44 For example, more than ten million Public States have heard challenges to the estab- low-income children attend schools in Sec. 121. Annual report on State public lishment, maintenance, and operation of areas that are eligible for Federal as- school systems. State public school systems that are sepa- sistance to hire and train teachers and Subtitle D—Remedy rate and not educationally adequate. buy textbooks, computers, and other Sec. 131. Civil action for enforcement. (6) In 1970, the Presidential Commission on School Finance found that significant dis- school necessities. The President’s edu- TITLE II—EFFECTS OF EDUCATIONAL parities in the distribution of educational re- cation budget would provide only 40 DISPARITIES ON ECONOMIC GROWTH sources existed among school districts with- percent of the assistance that these AND NATIONAL DEFENSE in States because the States relied too sig- schools need, leaving more than six Sec. 201. Effects on economic growth and nificantly on local district financing for edu- million children behind. The Presi- productivity. cational revenues, and that reforms in sys- Sec. 202. Effects on national defense. dent’s budget also fails to even come tems of school financing would increase the close to fully funding the Federal Gov- TITLE III—GENERAL PROVISIONS Nation’s ability to serve the educational ernment’s commitment to special edu- Sec. 301. Definitions. needs of all children. Sec. 302. Rulemaking. (7) In 1999, the National Research Council cation, leaving families and local com- Sec. 303. Construction. of the National Academy of Sciences pub- munities struggling to make up the dif- SEC. 3. FINDINGS AND PURPOSES. lished a report entitled ‘‘Making Money Mat- ference. We will never close the (a) FINDINGS.—Congress finds the fol- ter, Financing America’s Schools’’, which achievement gap as long as our Na- lowing: found that the concept of funding adequacy, September 5, 2002 CONGRESSIONAL RECORD — SENATE S8309 which moves beyond the more traditional (16) Because a well educated populace is SEC. 102. FUNDAMENTALS OF EDUCATIONAL OP- concepts of finance equity to focus attention critical to the Nation’s political and eco- PORTUNITY. on the sufficiency of funding for desired edu- nomic well-being and national security, the The fundamentals of educational oppor- cational outcomes, is an important step in Federal Government has a substantial inter- tunity are the following: developing a fair and productive educational est in ensuring that States provide a high- (1) HIGHLY QUALIFIED TEACHERS, PRIN- system. quality education by ensuring that all stu- CIPALS, AND ACADEMIC SUPPORT PERSONNEL.— (8) In 2001, the Executive Order estab- dents have access to the fundamentals of (A) HIGHLY QUALIFIED TEACHERS.—Instruc- lishing the President’s Commission on Edu- educational opportunity described in section tion from highly qualified teachers in core cational Resource Equity declared, ‘‘A qual- 102 to enable the students to succeed aca- academic subjects. ity education is essential to the success of demically and in life. (B) HIGHLY QUALIFIED PRINCIPALS.—Leader- ship, management, and guidance from prin- every child in the 21st century and to the (b) PURPOSES.—The purposes of this Act continued strength and prosperity of our Na- are the following: cipals who meet State certification stand- tion. . . . [L]ong-standing gaps in access to (1) To further the goals of the Elementary ards. educational resources exist, including dis- and Secondary Education Act of 1965 (as (C) HIGHLY QUALIFIED ACADEMIC SUPPORT parities based on race and ethnicity.’’ (Exec. amended by the No Child Left Behind Act of PERSONNEL.—Necessary additional academic Order No. 13190, 66 Fed. Reg. 5424 (2001)) 2001), by holding States accountable for pro- support in reading or language arts, mathe- (9) According to the Secretary of Edu- viding all students with access to the fun- matics, and other core academic subjects cation, as stated in a letter (with enclosures) damentals of educational opportunity de- from personnel who meet applicable State from the Secretary to States dated January scribed in section 102. standards. 19, 2001— (2) To ensure that all students in public el- (2) RIGOROUS ACADEMIC STANDARDS, CUR- (A) racial and ethnic minorities continue ementary schools and secondary schools re- RICULA, AND METHODS OF INSTRUCTION.—Rig- to suffer from lack of access to educational ceive educational opportunities that enable orous academic standards, curricula, and resources, including ‘‘experienced and quali- such students to— methods of instruction, as measured by the fied teachers, adequate facilities, and in- (A) acquire the knowledge and skills nec- extent to which each school district succeeds structional programs and support, including essary for responsible citizenship in a diverse in providing high-quality academic stand- technology, as well as...the funding nec- democracy, including the ability to partici- ards, curricula, and methods of instruction essary to secure these resources’’; and pate fully in the political process through in- to students in each public elementary school (B) these inadequacies are ‘‘particularly formed electoral choice; and secondary school within the district. acute in high-poverty schools, including (B) meet challenging student academic (3) SMALL CLASS SIZES.—Small class sizes, urban schools, where many students of color as measured by— are isolated and where the effect of the re- achievement standards; and (C) be able to compete and succeed in a (A) the average class size and the range of source gaps may be cumulative. In other class sizes; and words, students who need the most may global economy. (3) To end the pervasive pattern of States (B) the percentage of classes with 17 or often receive the least, and these students fewer students. often are students of color.’’. maintaining public school systems that do not meet the requirements of section 101(a). (4) TEXTBOOKS, INSTRUCTIONAL MATERIALS, (10) In the amendments made by the No AND SUPPLIES.—Textbooks, instructional ma- Child Left Behind Act of 2001, Congress— TITLE I—EDUCATIONAL OPPORTUNITY IN terials, and supplies, as measured by— (A)(i) required each State to establish STATE PUBLIC SCHOOL SYSTEMS (A) the average age and quality of text- standards and assessments in mathematics, books, instructional materials, and supplies reading or language arts, and science; and Subtitle A—Access to Educational Opportunity used in core academic subjects; and (ii) required schools to ensure that all stu- (B) the percentage of students who begin dents are proficient in mathematics, reading SEC. 101. STATE PUBLIC SCHOOL SYSTEMS. the school year with school-issued text- or language arts, and science not later than (a) REQUIREMENTS.—Each State receiving books, instructional materials, and supplies. 12 years after the end of the 2001–2002 school Federal financial assistance for elementary (5) LIBRARY RESOURCES.—Library re- year, and held schools accountable for the or secondary education shall ensure that the sources, as measured by— students’ progress; and State’s public school system provides all stu- (A) the size and qualifications of the li- (B) required each State to describe how the dents within the State with an education brary’s staff, including whether the library State will help local educational agencies that enables the students to acquire the is staffed by a full-time librarian certified and schools to develop the capacity to im- knowledge and skills necessary for respon- under applicable State standards; prove student academic achievement. sible citizenship in a diverse democracy, in- (B) the size (relative to the number of stu- (11) The standards and accountability cluding the ability to participate fully in the dents) and quality (including age) of the li- movement will succeed only if, in addition to political process through informed electoral brary’s collection of books and periodicals; standards and accountability, all schools choice, to meet challenging student aca- and have access to the educational resources nec- demic achievement standards, and to be able (C) the library’s hours of operation. essary to enable students to achieve. to compete and succeed in a global economy, (6) SCHOOL FACILITIES AND COMPUTER TECH- (12) Raising standards without ensuring ac- NOLOGY.— cess to educational resources may in fact ex- through— (A) QUALITY SCHOOL FACILITIES.—Quality acerbate achievement gaps and set children (1) the provision of fundamentals of edu- school facilities, as measured by— up for failure. cational opportunity described in section 102, (i) the physical condition of school build- (13) According to the World Economic Fo- at adequate or ideal levels as defined by the ings and major school building features; rum’s Global Competitiveness Report 2001- State under section 111(a)(1)(A) to students (ii) environmental conditions in school 2002, the United States ranks last among de- at each public elementary school and sec- buildings; and veloped countries in the difference in the ondary school in the State; (iii) the quality of instructional space. quality of schools available to rich and poor (2) the provision of educational services in (B) COMPUTER TECHNOLOGY.—Computer children. school districts that receive funds under part technology, as measured by— (14) The persistence of pervasive inadequa- A of title I of the Elementary and Secondary (i) the ratio of computers to students; cies in the quality of education provided by Education Act of 1965 (20 U.S.C. 6311 et seq.) (ii) the quality of computers and software State public school systems effectively de- that are, taken as a whole, at least com- available to students; prives millions of children throughout the parable to educational services provided in (iii) Internet access; United States of the opportunity for an edu- school districts not receiving such funds; and (iv) the quality of system maintenance and cation adequate to enable the children to— (3) compliance with any final Federal or technical assistance for the computers; and (A) acquire the knowledge and skills nec- State court order in any matter concerning (v) the number of computer laboratory essary for responsible citizenship in a diverse the adequacy or equitableness of the State’s courses taught by qualified computer in- democracy, including the ability to partici- public school system. structors. pate fully in the political process through in- (b) DETERMINATIONS CONCERNING STATE (7) QUALITY GUIDANCE COUNSELING.—Quali- formed electoral choice; PUBLIC SCHOOL SYSTEMS.—Not later than Oc- fied guidance counselors, as measured by the (B) meet challenging student academic tober 1 of each year, the Secretary shall de- ratio of students to qualified guidance coun- achievement standards; and termine whether each State maintains a selors who have been certified under an ap- (C) be able to compete and succeed in a public school system that meets the require- plicable State or national program. global economy. ments of subsection (a). The Secretary may (15) Each State government has ultimate make a determination that a State public Subtitle B—State Accountability authority to determine every important as- school system does not meet such require- SEC. 111. STATE ACCOUNTABILITY PLAN. pect and priority of the public school system ments only after providing notice and an op- (a) GENERAL PLAN.— that provides elementary and secondary edu- portunity for a hearing. (1) CONTENTS.—Each State receiving Fed- cation to children in the State, including (c) PUBLICATION.—The Secretary shall pub- eral financial assistance for elementary and whether students throughout the State have lish and make available to the general public secondary education shall annually submit access to the fundamentals of educational (including by means of the Internet) the de- to the Secretary a plan, developed by the opportunity described in section 102. terminations made under subsection (b). State educational agency, in consultation S8310 CONGRESSIONAL RECORD — SENATE September 5, 2002 with local educational agencies, teachers, and uniform format, the descriptions, esti- SEC. 112. CONSEQUENCES OF FAILURE TO MEET principals, pupil services personnel, adminis- mate, and information described in para- REQUIREMENTS. trators, other staff, and parents, that con- graph (1). (a) INTERIM YEARLY GOALS.— tains the following: (b) ACCOUNTABILITY AND REMEDIATION.— (1) IN GENERAL.—For a fiscal year and a (A) A description of 2 levels of high access (1) ACCOUNTABILITY.—If the Secretary de- State described in section 111(b)(1), the Sec- (adequate and ideal) to each of the fun- termines under section 101(b) that a State retary shall withhold from the State 2.75 per- damentals of educational opportunity de- maintains a public school system that fails cent of funds otherwise available to the scribed in section 102 that measure how well to meet the requirements of section 101(a)(1), State for the administration of Federal ele- the State, through school districts, public el- the plan submitted under subsection (a)(1) mentary and secondary education programs, ementary schools, and public secondary shall— for each covered goal that the Secretary de- schools, is achieving the purposes of this Act (A) demonstrate that the State has devel- termines the State is not meeting during by providing children with the resources oped and is implementing a single, statewide that year. they need to succeed academically and in State accountability system that will be ef- (2) DEFINITION.—In this subsection, the life. fective in ensuring that the State makes term ‘‘covered goal’’, used with respect to a (B) A description of a third level of access adequate yearly progress under this Act (as fiscal year, means an interim yearly goal de- (basic) to each of the fundamentals of edu- defined by the State in a manner that annu- scribed in section 111(b)(1)(C)(i) that is appli- cational opportunity described in section 102 ally reduces the number of public elemen- cable to that year or a prior fiscal year. that measures how well the State, through tary schools and secondary schools in the (b) CONSEQUENCES OF NONREMEDIATION.— school districts, public elementary schools, State without high access (as described in Notwithstanding any other provision of law, and public secondary schools, is achieving subsection (a)(1)(A)) to each of the fun- if the Secretary determines that a State re- the purposes of this Act by providing chil- damentals of educational opportunity de- quired to include a strategy under section dren with the resources they need to succeed scribed in section 102); 111(b)(2) continues to maintain a public school system that does not meet the re- academically and in life. (B) demonstrate, based on the levels of ac- quirements of section 101(a)(2) at the end of (C) A description of the level of access of cess described in paragraph (1) what con- the second school year described in section each school district, public elementary stitutes adequate yearly progress of the 111(b)(2), the Secretary shall withhold from school, and public secondary school in the State under this Act toward providing all the State not more than 33 1⁄3 percent of State to each of the fundamentals of edu- students with high access to the fundamen- cational opportunity described in section 102, funds otherwise available to the State for tals of educational opportunity described in the administration of Federal elementary including identification of any such schools section 102; and and secondary education programs until the that lack high access (as described in sub- (C) ensure— Secretary determines that the State main- paragraph (A)) to any of the fundamentals. (i) the establishment of a timeline for that tains a public school system that meets the (D) An estimate of the additional cost, if adequate yearly progress that includes in- requirements of section 101(a)(2). any, of ensuring that the system meets the terim yearly goals for the reduction of the (c) CONSEQUENCES OF NONCOMPLIANCE WITH requirements of section 101(a). number of public elementary schools and COURT ORDERS.—If the Secretary determines (E) Information stating the percentage of secondary schools in the State without high under section 101(b) that a State maintains a students in each school district, public ele- access to each of the fundamentals of edu- public school system that fails to meet the mentary school, and public secondary school cational opportunity described in section 102; requirements of section 101(a)(3), the Sec- in the State that are proficient in mathe- and retary shall withhold from the State not matics, reading or language arts, and (ii) that not later than 12 years after the more than 33 1⁄3 percent of funds otherwise science, as measured through assessments end of the 2001–2002 school year, each public available to the State for the administration administered as described in section elementary or secondary school in the State of Federal elementary and secondary edu- 1111(b)(3)(C)(v) of the Elementary and Sec- shall have high access to each of the fun- cation programs. ondary Education Act of 1965 (20 U.S.C. damentals of educational opportunity de- (d) DISPOSITION OF FUNDS WITHHELD.— 6311(b)(3)(C)(v)). scribed in section 102. (1) DETERMINATION.—Not later than 1 year (F) Information stating whether each (2) REMEDIATION.—If the Secretary deter- after the Secretary withholds funds from a school district, public elementary school, mines under section 101(b) that a State State under this section, the Secretary shall and public secondary school in the State is maintains a public school system that fails determine whether the State has corrected making adequate yearly progress, as defined to meet the requirements of section 101(a)(2), the condition that led to the withholding. under section 1111(b)(2) of the Elementary not later than 1 year after the Secretary (2) DISPOSITION.— and Secondary Education Act of 1965 (20 makes the determination, the State shall in- (A) CORRECTION.—If the Secretary deter- U.S.C. 6311(b)(2)). clude in the plan submitted under subsection mines under paragraph (1), that the State (G)(i) For each school district, public ele- (a)(1) a strategy to remediate the conditions has corrected the condition that led to the mentary school, and public secondary school that caused the Secretary to make such de- withholding, the Secretary shall make the in the State, information stating— termination, not later than the end of the withheld funds available to the State to use (I) the number and percentage of children second school year beginning after submis- for the original purpose of the funds during counted under section 1124(c) of the Elemen- sion of the plan. 1 or more fiscal years specified by the Sec- tary and Secondary Education Act of 1965 (20 (c) AMENDMENTS.—A State may amend the retary. U.S.C. 6333(c)); and plan submitted under subsection (a)(1) to im- (B) NONCORRECTION.—If the Secretary de- (II) the number and percentage of students prove the plan or to take into account sig- termines under paragraph (1), that the State described in section 1111(b)(3)(C)(xiii) of the nificantly changed circumstances. has not corrected the condition that led to Elementary and Secondary Education Act of (d) DISAPPROVAL.—The Secretary may dis- the withholding, the Secretary shall allocate 1965 (20 U.S.C. 6311(b)(3)(C)(xiii)). approve the plan submitted under subsection the withheld funds to public school districts, (ii) For each such school district, informa- (a)(1) (or an amendment to such a plan) if the public elementary schools, or public sec- tion stating whether the district is an urban, Secretary determines, after notice and op- ondary schools in the State that are most mixed, or rural district (as defined by the portunity for hearing, that the plan (or adversely affected by the condition that led National Center for Education Statistics). amendment) is inadequate to meet the re- to the withholding, to enable the districts or (2) LEVELS OF ACCESS.—For purposes of the quirements described in subsections (a) and schools to correct the condition during 1 or plan submitted under paragraph (1)— (b). more fiscal years specified by the Secretary. (A) in defining basic, adequate, and ideal (e) WAIVER.— (3) AVAILABILITY.—Amounts made avail- levels of access to each of the fundamentals (1) IN GENERAL.—A State may request, and able or allocated under subparagraph (A) or of educational opportunity, each State shall the Secretary may grant, a waiver of the re- (B) of paragraph (2) shall remain available consider, in addition to the factors described quirements of subsections (a) and (b) for 1 during the fiscal years specified by the Sec- in section 102, the access available to stu- year for exceptional circumstances, such as a retary under that subparagraph. dents in the highest-achieving decile of pub- precipitous decrease in State revenues, or Subtitle C—Report to Congress and the lic elementary schools and secondary another circumstance that the Secretary de- Public schools, the unique needs of low-income, termines to be exceptional, that prevents a SEC. 121. ANNUAL REPORT ON STATE PUBLIC urban and rural, and minority students, and State from complying with the requirements SCHOOL SYSTEMS. other educationally appropriate factors; and of subsections (a) and (b). (a) ANNUAL REPORT TO CONGRESS.—Not (B) the levels of access described in sub- (2) CONTENTS OF WAIVER REQUEST.—A State later than October 1 of each year, beginning paragraphs (A) and (B) of paragraph (1) shall that requests a waiver under paragraph (1) the year after completion of the first full be aligned with the challenging academic shall include in the request— school year after the date of enactment of content standards, challenging student aca- (A) a description of the exceptional cir- this Act, the Secretary shall submit to Con- demic achievement standards, and high-qual- cumstance that prevents the State from gress a report that includes a full and com- ity academic assessments required under the complying with the requirements of sub- plete analysis of the public school system of Elementary and Secondary Education Act of sections (a) and (b); and each State. 1965 (20 U.S.C. 6301 et seq.). (B) a plan that details the manner in which (b) CONTENTS OF REPORT.—The analysis (3) INFORMATION.—The State shall annually the State will comply with such require- conducted under subsection (a) shall include disseminate to parents, in an understandable ments by the end of the waiver period. the following: September 5, 2002 CONGRESSIONAL RECORD — SENATE S8311

(1) PUBLIC SCHOOL SYSTEM INFORMATION.— (c) SCOPE OF REPORT.—The report required of section 101(a). Such study shall include as- The following information related to the under subsection (a) shall cover the school sessments of— public school system of each State: year ending in the calendar year in which (1) the detriments to national defense re- (A) The number of school districts, public the report is required to be submitted. sulting from the maintenance by States of elementary schools, public secondary (d) SUBMISSION OF DATA TO SECRETARY.— public school systems that do not meet the schools, and students in the system. Each State receiving Federal financial as- requirements of section 101(a), including the (B)(i) For each such school district and sistance for elementary and secondary edu- effects on— school— cation shall submit to the Secretary, at such (A) knowledge and skills necessary for the (I) information stating the number and time and in such manner as the Secretary effective functioning of the Armed Forces; percentage of children counted under section may reasonably require, such data as the (B) the costs to the Armed Forces of train- 1124(c) of the Elementary and Secondary Secretary determines to be necessary to ing; and Education Act of 1965 (20 U.S.C. 6333(c)); and make a determination under section 101(b) (C) efficiency resulting from the use of so- (II) the number and percentage of students, and to submit the report under this section. phisticated equipment and information tech- disaggregated by groups described in section Such data shall include the information used nology; and 1111(b)(3)(C)(xiii) of the Elementary and Sec- to measure the State’s success in providing (2) the gains to national defense to be ex- ondary Education Act of 1965 (20 U.S.C. the fundamentals of educational opportunity pected from ensuring that each State public 6311(b)(3)(C)(xiii)). described in section 102. school system meets the requirements of sec- (ii) For each such district, information (e) FAILURE TO SUBMIT DATA.—If a State tion 101(a). stating whether the district is an urban, fails to submit the data that the Secretary (b) REPORT TO CONGRESS.—Not later than 1 mixed, or rural district (as defined by the determines to be necessary to make a deter- year after the date of enactment of this Act, National Center for Education Statistics). mination under section 101(b) regarding the Commissioner of Education Statistics (C) The average per-pupil expenditure whether the State maintains a public school shall submit to Congress a final report de- (both in actual dollars and adjusted for cost system that meets the requirements of sec- tailing the results of the study required and need) for the State and for each school tion 101(a)— under subsection (a). district in the State. (1) such State’s public school system shall TITLE III—GENERAL PROVISIONS (D) Each school district’s decile ranking as be deemed not to have met the applicable re- SEC. 301. DEFINITIONS. measured by achievement in mathematics, quirements until the State submits such In this Act: reading or language arts, and science on data and the Secretary is able to make such (1) REFERENCED TERMS.—The terms ‘‘ele- State academic assessments required under determination under section 101(b); and mentary school’’, ‘‘secondary school’’, ‘‘local section 1111(b)(3) of the Elementary and Sec- (2) the Secretary shall provide, to the ex- educational agency’’, ‘‘highly qualified’’, ondary Education Act of 1965 (20 U.S.C. tent practicable, the analysis required in ‘‘core academic subjects’’, ‘‘parent’’, and 6311(b)(3)) and on the National Assessment of subsection (a) for the State based on the best ‘‘average per-pupil expenditure’’ have the Educational Progress. data available to the Secretary. meanings given those terms in section 9101 of (E) For each school district, public elemen- (f) PUBLICATION.—The Secretary shall pub- the Elementary and Secondary Education tary school, and public secondary school— lish and make available to the general public Act of 1965 (20 U.S.C. 7801). (i) the level of access (as described in sec- (including by means of the Internet) the re- (2) FEDERAL ELEMENTARY AND SECONDARY tion 111(a)(1)) to each of the fundamentals of port required under subsection (a). EDUCATION PROGRAMS.—The term ‘‘Federal educational opportunity described in section Subtitle D—Remedy elementary and secondary education pro- 102; SEC. 131. CIVIL ACTION FOR ENFORCEMENT. grams’’ means programs providing Federal (ii) the percentage of students that are pro- A student or parent of a student aggrieved financial assistance for elementary or sec- ficient in mathematics, reading or language by a violation of this Act may bring a civil ondary education, other than programs arts, and science, as measured through as- action against the appropriate official in an under the following provisions of law: sessments administered as described in sec- appropriate Federal district court seeking (A) The Individuals with Disabilities Edu- tion 1111(b)(3)(C)(v) of the Elementary and declaratory or injunctive relief to enforce cation Act (20 U.S.C. 1400 et seq.). Secondary Education Act of 1965 (20 U.S.C. the requirements of this Act, together with (B) Title III of the Elementary and Sec- 6311(b)(3)(C)(v)); and reasonable attorney’s fees and the costs of ondary Education Act of 1965 (20 U.S.C. 6801 (iii) whether the school district or school is the action. et seq.). making adequate yearly progress— (C) The Richard B. Russell National School TITLE II—EFFECTS OF EDUCATIONAL DIS- (I) as defined under section 1111(b)(2) of the Lunch Act (42 U.S.C. 1751 et seq.). PARITIES ON ECONOMIC GROWTH AND Elementary and Secondary Education Act of (D) The Child Nutrition Act of 1966 (42 NATIONAL DEFENSE 1965 (20 U.S.C. 6311(b)(2)); and U.S.C. 1771 et seq.). (II) as defined by the State under section SEC. 201. EFFECTS ON ECONOMIC GROWTH AND (3) PUBLIC SCHOOL SYSTEM.—The term 111(b)(1)(A). PRODUCTIVITY. ‘‘public school system’’ means a State’s sys- (F) For each State, the number of public (a) STUDY.—The Commissioner of Edu- tem of public elementary and secondary edu- elementary schools and secondary schools cation Statistics, in consultation with the cation. that lack, and names of each such school Secretary of Commerce, Secretary of Labor, (4) STATE.—The term ‘‘State’’ means each that lacks, high access (as described in sec- Secretary of the Treasury, and the National of the several States, the District of Colum- tion 111(a)(1)(A)) to any of the fundamentals Research Council of the National Academy bia, and the Commonwealth of Puerto Rico. of Sciences, shall conduct a comprehensive of educational opportunity described in sec- SEC. 302. RULEMAKING. tion 102. study concerning the effects on economic The Secretary may prescribe regulations (G) For the year covered by the report, a growth and productivity of ensuring that to carry out this Act. each State public school system meets the summary of any changes in the data required SEC. 303. CONSTRUCTION. requirements of section 101(a). Such study in subparagraphs (A) through (F) for each of Nothing in this Act shall be construed to shall include assessments of— the preceding 3 years (which may be based on require a jurisdiction to increase its prop- (1) the economic costs to the Nation result- such data as are available, for the first 3 re- erty tax or other tax rates or to redistribute ing from the maintenance by States of public ports submitted under subsection (a)). revenues from such taxes. (H) Such other information as the Sec- school systems that do not meet the require- retary considers useful and appropriate. ments of section 101(a); f (2) STATE ACTIONS.—For each State that (2) the economic gains to be expected from STATEMENTS ON SUBMITTED the Secretary determines under section States’ compliance with the requirements of RESOLUTIONS 101(b) maintains a public school system that section 101(a); and fails to meet the requirements of section (3) the costs, if any, of ensuring that each 101(a), a detailed description and evaluation State maintains a public school system that SENATE RESOLUTION 322—DESIG- of the success of any actions taken by the meets the requirements of section 101(a). (b) REPORT TO CONGRESS.—Not later than 1 NATING NOVEMBER 2002, AS ‘‘NA- State, and measures proposed to be taken by TIONAL EPILEPSY AWARENESS the State, to meet the requirements. year after the date of enactment of this Act, (3) STATE PLANS.—A copy of each State’s the Commissioner of Education Statistics MONTH’’ most recent plan submitted under section shall submit to Congress a final report de- Mrs. LINCOLN (for herself, Ms. COL- tailing the results of the study required 111(a)(1). INS, Ms. LANDRIEU, Mr. HUTCHINSON, under subsection (a). (4) RELATIONSHIP BETWEEN COMPLIANCE AND and Mr. FITZGERALD) submitted the fol- ACHIEVEMENT.—An analysis of the relation- SEC. 202. EFFECTS ON NATIONAL DEFENSE. lowing resolution; which was referred ship between meeting the requirements of (a) STUDY.—The Commissioner of Edu- section 101(a) and improving student aca- cation Statistics, in consultation with the to the Committee on the Judiciary: demic achievement, as measured on State Secretary of Defense, shall conduct a com- S. RES. 322 academic assessments required under section prehensive study concerning the effects on Whereas epilepsy is a neurological condi- 1111(b)(3) of the Elementary and Secondary national defense of ensuring that each State tion affecting 2,300,000 people in the United Education Act of 1965 (20 U.S.C. 6311(b)(3)). public school system meets the requirements States; S8312 CONGRESSIONAL RECORD — SENATE September 5, 2002 Whereas a seizure is a disturbance in the and our communities about a better ate may direct its counsel to appear as ami- electrical activity of the brain, and 25,000,000 understanding about this disease. cus curiae in the name of the Senate in any Americans (1 in every 10) will have at least School-age children have a better un- legal proceeding in which the powers and re- 1 seizure during their lives; derstanding of HIV/AIDS and cancer sponsibilities of Congress under the Con- Whereas 180,000 new cases of seizures and stitution are placed in issue; epilepsy are diagnosed each year, and 3 per- than epilepsy. We must educate our Whereas, by the privileges of the Senate of cent of Americans will have developed epi- children about this disease in order to the United States and Rule XI of the Stand- lepsy by the time they are 75; allow these patients to thrive. ing Rules of the Senate, no evidence under Whereas 41 percent of people who currently In addition to the touching conversa- the control or in the possession of the Senate have epilepsy experience persistent seizures tion I had with Bryan and his mother may, by the judicial or administrative proc- despite the treatment they are receiving; earlier this year, this disease is even ess, be taken from such control or possession Whereas a survey sponsored by the Centers closer to home for me. A young woman but by permission of the Senate; for Disease Control and Prevention shows Whereas, by Rule VI of the Standing Rules on my staff is diagnosed with this con- of the Senate, no Senator shall absent him- that the burden of disease for people with dition. Amy is here with me today for epilepsy is comparable to that experienced self from the service of the Senate without by people with cancer, diabetes, and arthri- several reasons. First, she has provided leave; and tis; a good first-hand account/knowledge of Whereas, when it appears that evidence Whereas epilepsy in older children and what epilepsy is and how it affects under the control or in the possession of the adults remains a formidable barrier to a nor- daily life. Second, she signifies the suc- Senate may promote the administration of mal life, affecting education, employment, cess which epileptics can have, like justice, the Senate will take such action as will promote the ends of justice consistent marriage, childbearing, and personal fulfill- people from every other walk of life, ment; with the privileges of the Senate: Now, when dealing with chronic conditions. therefore, be it Whereas stigma surrounding epilepsy con- To that end, this resolution is intended tinues to fuel discrimination and isolates Resolved, That, in the case of Senator people with seizure disorders from the main- to serve two goals: to raise awareness Mitch McConnell, et al. v. Federal Election stream life; about this disease, which in turn af- Commission, et al., and consolidated cases, Whereas in spite of these obstacles, fects perception/stereotypes, and to in- Senators Mitch McConnell, Olympia Snowe, epileptics can live healthy and productive crease funding for the long-term re- James Jeffords, John McCain, and Russell lives and go on to make significant contribu- search for and care of patients. Feingold, and any other Senator who agrees to participate in this litigation, are author- tions to society; Presently, doctors tell their patients Whereas we must ensure that funding for ized to testify, except concerning matters for that there is no cure for epilepsy. which a privilege should be asserted and epilepsy research programs at the National Rather the solution is long-term medi- Institutes of Health, and for epilepsy pro- when their attendance at the Senate is nec- grams at the Centers for Disease Control and cation or surgery. It is critical that we essary for the performance of their legisla- Prevention must continue to increase; and increase the funding committed to epi- tive duties. SEC. 2. That the Senate Legal Counsel is Whereas we must ensure that people with lepsy. As far as we have advanced in authorized to appear as amicus curiae in the epilepsy in underserved and unserved areas other areas of medicine, even other name of the Senate in the case of Senator of the country have access to appropriate neurological disorders, we must give Mitch McConnell, et al. v. Federal Election care, and to this end it is essential that the equal time and resources to a cure for Commission, et al., and consolidated cases, epilepsy program at the Health Resources epilepsy. the represent the interests of the Senate in and Services Administration receive initial I would like to move that we estab- connection with discovery sought from Sen- funding to create demonstration projects to lish the month of November as Na- ators in these cases. improve access to services in those commu- nities: Now, therefore, be it tional Epilepsy Awareness Month. This f Resolved, That the Senate— is one small step toward the larger goal of overcoming epilepsy. As with other AMENDMENTS SUBMITTED AND (1) designates November 2002, as ‘‘National PROPOSED Epilepsy Awareness Month’’; and chronic illnesses, overcoming epilepsy (2) requests that the President issue a is achieved in part through perception SA 4493. Mr. BYRD (for Mrs. MURRAY) pro- proclamation calling upon the people of the and part through science and medicine. posed an amendment to amendment SA 4472 United States to observe the month with ap- Cancer, which was previously stig- proposed by Mr. BYRD to the bill H.R. 5093, propriate ceremonies and activities. matized to be terminal, is now more making appropriations for the Department Mrs. LINCOLN. Mr. President, today of the Interior and related agencies for the candidly discussed among patients and fiscal year ending September 30, 2003, and for I would like to submit a resolution families and leagues ahead in research. other purposes. about an important health disorder I hope that this will be true as well SA 4494. Mr. BURNS (for Mr. CAMPBELL) which affects 2.3 million Americans with epilepsy. proposed an amendment to amendment SA and 40,000 people in Arkansas. I am re- I urge my colleagues to support the 4472 proposed by Mr. BYRD to the bill H.R. ferring to epilepsy. resolution. 5093, supra. Epilepsy is a chronic neurological SA 4495. Mr. BYRD (for Mr. LEAHY (for disorder; people with this disorder may himself, Mr. COCHRAN, and Mr. FRIST)) pro- SENATE RESOLUTION 323—TO AU- posed an amendment to amendment SA 4472 have seizures which may be as brief as THORIZE TESTIMONY AND REP- proposed by Mr. BYRD to the bill H.R. 5093, a few seconds, or as traumatic as sev- RESENTATION I SENATOR MITCH supra. eral minutes and visibly distracting. MCCONNELL, ET. AL. V. FED- SA 4496. Mr. BURNS (for Ms. COLLINS (for Several months ago, I had the oppor- ERAL ELECTION COMMISSION, himself and Ms. SNOWE)) submitted an tunity to meet with a young man from ET. AL. AND CONSOLIDATION amendment intended to be proposed to Arkansas who has epilepsy and is a CASES amendment SA 4472 proposed by Mr. BYRD to spokesperson for the Epilepsy Founda- the bill H.R. 5093, supra. Mr. DASCHLE (for himself and Mr. SA 4497. Mr. BYRD (for Mr. GRAHAM (for tion, as part of their Winning Kids pro- LOTT) submitted the following resolu- himself and Mr. NELSON, of Florida)) pro- gram, representing 300,000 children tion; which was considered and agreed posed an amendment to amendment SA 4472 with this disease. Additionally, he is a to: proposed by Mr. BYRD to the bill H.R. 5093, role model for his peers in Arkansas supra. S. RES. 323 due to his courage. His name is Bryan SA 4498. Mr. BURNS (for Mrs. HUTCHISON) Whereas, in the case of Senator Mitch proposed an amendment to amendment SA Raymond. As he said in a speech to McConnell, et al. v. Federal Election Com- other children in March, ‘‘We are all 4472 proposed by Mr. BYRD to the bill H.R. mission, et al., No. 02–CV–582, and consoli- 5093, supra. different. Some of us hardly ever have dated cases, pending in the United States SA 4499. Mr. BURNS (for Mr. KYL) proposed seizures. Some of us have lots and lots District Court for the District of Columbia, an amendment to amendment SA 4472 pro- of seizures. But we all want the same notices for the taking of depositions have posed by Mr. BYRD to the bill H.R. 5093, things. We want to be busy and happy. been served on Senator Mitch McConnell, supra. We want to go to school. We want to who is a plaintiff, and Senators Olympia SA 4500. Mrs. CLINTON submitted an have friends. We want to play and have Snowe, James Jeffords, John McCain, and amendment intended to be proposed to Russell Feingold, who are intervenor-defend- YRD fun. We want other kids to understand amendment SA 4472 proposed by Mr. B to ants; the bill H.R. 5093, supra; which was ordered what seizures are, and to respect us.’’ Whereas, pursuant to sections 703(c) and to lie on the table. The one thing he asked me, and I ask 706(a) of the Ethics in Government Act of SA 4501. Mr. GRASSLEY submitted an of you is that we teach our children 1978, 2 U.S.C. §§288b(c) and 288e(a), the Sen- amendment intended to be proposed to September 5, 2002 CONGRESSIONAL RECORD — SENATE S8313 amendment SA 4471 proposed by Mr. amendment SA 4472 proposed by Mr. date of enactment of this Act for modifica- LIEBERMAN to the bill H.R. 5005, to establish BYRD to the bill H.R. 5093, making ap- tions authorized by section 104 of the Ever- the Department of Homeland Security, and propriations for the Department of the glades National Park Protection and Expan- for other purposes; which was ordered to lie sion Act of 1989 (16 U.S.C. 410r–8), shall im- on the table. Interior and related agencies for the mediately carry out alternative 6D (includ- SA 4502. Mr. GRASSLEY submitted an fiscal year ending September 30, 2003, ing paying 100 percent of the cost of acquir- amendment intended to be proposed to and for other purposes; as follows: ing land or an interest in land) for the pur- amendment SA 4471 proposed by Mr. Beginning on page 62, strike line 22 and all pose of providing a flood protection system LIEBERMAN to the bill H.R. 5005, supra; which that follows through page 63, line 2, and in- for the 8.5 square mile area described in the was ordered to lie on the table. sert the following: report entitled ‘‘Central and South Florida SA 4503. Mr. GRASSLEY submitted an of transportation services at Zion National Project, Modified Water Deliveries to Ever- amendment intended to be proposed to Park or Rocky Mountain National Park, the glades National Park, Florida, 8.5 Square amendment SA 4471 proposed by Mr. Secretary of the Interior may obligate the Mile Area, General Reevaluation Report and LIEBERMAN to the bill H.R. 5005, supra; which expenditure of fees expected to be received in Final Supplemental Environmental Impact was ordered to lie on the table. Statement’’ and dated July 2000. SA 4504. Ms. SNOWE submitted an amend- that fiscal year before the fees are received, ment intended to be proposed to amendment so long as total obligations do not exceed fee Mr. BURNS (for Mrs. collections retained at Zion National Park SA 4498. SA 4471 proposed by Mr. LIEBERMAN to the or Rocky Mountain National Park, respec- HUTCHISON) proposed an amendment to bill H.R. 5005, supra; which was ordered to lie amendment SA 4472 proposed by Mr. on the table. tively, by the end of that fiscal year. SA 4505. Ms. SNOWE submitted an amend- BYRD to the bill H.R. 5093, making ap- ment intended to be proposed to amendment SA 4495. Mr. BYRD (for Mr. LEAHY propriations for the Department of the SA 4471 proposed by Mr. LIEBERMAN to the (for himself, Mr. COCHRAN, and Mr. Interior and related agencies for the bill H.R. 5005, supra; which was ordered to lie FRIST)) proposed an amendment to fiscal year ending September 30, 2003, on the table. amendment SA 4472 proposed by Mr. and for other purposes; as follows: SA 4506. Ms. SNOWE submitted an amend- BYRD to the bill H.R. 5093, making ap- On page 14, lines 11 and 12, strike ment intended to be proposed to amendment propriations for the Department of the ‘‘$42,182,000, to remain available until ex- SA 4471 proposed by Mr. LIEBERMAN to the Interior and related agencies for the pended:’’ and insert ‘‘$42,682,000, to remain bill H.R. 5005, supra; which was ordered to lie available until expended, of which $500,000 on the table. fiscal year ending September 30, 2003, shall be made available for the World SA 4507. Mrs. CLINTON submitted an and for other purposes; as follows: Birding Center in Mission, Texas:’’. amendment intended to be proposed to (Purpose: To permit the use of a single pro- On page 14, line 26, strike ‘‘$89,055,000’’ and amendment SA 4472 proposed by Mr. BYRD to curement contract by the Smithsonian In- insert ‘‘$88,555,000’’. the bill H.R. 5093, making appropriations for stitution for a multi-year repair and ren- On page 15, line 5, insert ‘‘, of which the Department of the Interior and related ovation of the Patent Office Building, sub- $500,000 shall be made available for the agencies for the fiscal year ending Sep- ject to the availability of annual appro- Lower Rio Grande Valley National Wildlife tember 30, 2003, and for other purposes; which priations.) Refuge’’ before the colon. was ordered to lie on the table. On page 102, at the end of line 26, add the SA 4499. Mr. BURNS (for Mr. KYL) SA 4508. Mr. FEINGOLD (for himself, Mr. following: LEAHY, Mr. KOHL, and Mr. TORRICELLI) sub- ‘Provided, That notwithstanding any other proposed an amendment to amendment mitted an amendment intended to be pro- provision of law, a single procurement con- SA 4472 proposed by Mr. BYRD to the posed to amendment SA 4471 proposed by Mr. tract for the repair and renovation of the bill H.R. 5093, making appropriations LIEBERMAN to the bill H.R. 5005, to establish Patent Office Building may be issued which for the Department of the Interior and the Department of Homeland Security, and includes the full scope of the project. Pro- related agencies for the fiscal year end- for other purposes; which was ordered to lie vided further, That the solicitation of the ing September 30, 2003, and for other on the table. contract and the contract shall contain the SA 4509. Mr. FEINGOLD (for himself, Mr. purposes; as follows: clause ‘availability of funds’ found at 48 On page 64, between lines 15 and 16, insert LEAHY, Mr. KOHL, and Mr. TORRICELLI) sub- C.F.R. 52.232–18.’’’ mitted an amendment intended to be pro- the following: posed to amendment SA 4471 proposed by Mr. SEC. 1ll. COLORADO RIVER MANAGEMENT SA 4496. Mr. BURNS (for Ms. COLLINS PLAN. LIEBERMAN to the bill H.R. 5005, supra; which (for herself, and Ms. SNOWE)) submitted Not less often than annually, the Director was ordered to lie on the table. SA 4510. Mr. BAYH (for himself and Mr. an amendment intended to be proposed of the National Park Service shall report to Congress on the status of the Colorado River SHELBY) submitted an amendment intended to amendment SA 4472 proposed by Mr. to be proposed to amendment SA 4471 pro- BYRD to the bill H.R. 5093, making ap- Management Plan. Mrs. CLINTON submitted an posed by Mr. LIEBERMAN to the bill H.R. 5005, propriations for the Department of the SA 4500. supra; which was ordered to lie on the table. Interior and related agencies for the amendment intended to be proposed to SA 4511. Mr. REID (for Mr. JEFFORDS (for fiscal year ending September 30, 2003, amendment SA 4472 proposed by Mr. himself and Mr. SMITH, of New Hampshire)) BYRD to the bill H.R. 5093, making ap- proposed an amendment to the bill S. 351, to and for other purposes; as follows: On page 13, line 19, insert the following propriations for the Department of the amend the Solid Waste Disposal Act to re- after the colon: Interior and related agencies for the duce the quantity of mercury in the environ- ‘‘: Provided further, That of the funds avail- fiscal year ending September 30, 2003, ment by limiting the use of mercury fever able for endangered species recovery, thermometers and improving the collection and for other purposes; which was or- $1,500,000 is for Atlantic salmon recovery ac- and proper management of mercury, and for dered to lie on the table; as follows: tivities administered by the National Fish other purposes. On page 127, after line 2, add the following: and Wildlife Foundation and $500,000 is for TITLE IV—EMERGENCY FUNDING FOR f the United States Fish and Wildlife Service FIREFIGHTERS AND OTHER EMER- TEXT OF AMENDMENTS to undertake Atlantic salmon recovery ef- GENCY RESPONDERS forts in Maine’’ SA 4493. Mr. BYRD (for Mrs. MUR- DEPARTMENT OF HEALTH AND HUMAN SERVICES RAY) proposed an amendment to SA 4497. Mr. BYRD (for Mr. GRAHAM OFFICE OF THE SECRETARY amendment SA 4472 proposed by Mr. (for himself and Mr. NELSON of Flor- BYRD to the bill H.R. 5093, making ap- ida)) proposed an amendment to PUBLIC HEALTH AND SOCIAL SERVICES propriations for the Department of the amendment SA 4472 proposed by Mr. EMERGENCY FUND For emergency expenses to respond to the Interior and related agencies for the BYRD to the bill H.R. 5093, making ap- September 11, 2001, terrorist attacks on the fiscal year ending September 30, 2003, propriations for the Department of the United States for ‘‘Public Health and Social and for other purposes; as follows: Interior and related agencies for the Services Emergency Fund’’ for baseline and On page 22, line 23, strike ‘‘$62,828,000’’ and fiscal year ending September 30, 2003, follow-up screening and clinical examina- insert ‘‘$63,228,000, of which $400,000 shall be and for other purposes; as follows: tions, long-term health monitoring and anal- made available for statutory and contractual On page 127, between lines 2 and 3, insert ysis for the emergency services personnel, aid for the Vancouver National Historic Re- the following: rescue and recovery personnel, $90,000,000, to serve in the State of Washington’’. SEC. 3ll. MODIFIED WATER DELIVERY PROJECT remain available until expended, of which no On page 24, line 13, strike ‘‘$361,915,000’’ and IN THE STATE OF FLORIDA. less than $25,000,000 shall be available for insert ‘‘$361,515,000’’. Notwithstanding any other provision of current and retired firefighters: Provided, law, the Corps of Engineers, using funds That the entire amount is designated by SA 4494. Mr. BURNS (for Mr. CAMP- made available by this Act and funds made Congress as an emergency requirement pur- BELL) proposed an amendment to available under any Act enacted before the suant to section 251(b)(2)(A) of the Balanced S8314 CONGRESSIONAL RECORD — SENATE September 5, 2002 Budget and Emergency Deficit Control Act (ii) Review any such applications, either on SA 4505. Ms. SNOWE submitted an of 1985, as amended: Provided further, That the initiative of the employee of the Depart- amendment intended to be proposed to the entire amount shall be available only to ment or upon request by a consular officer or amendment SA 4471 proposed by Mr. the extent an official budget request, that other person charged with adjudicating such LIEBERMAN to the bill H.R. 5005, to es- includes designation of the entire amount of applications. the request as an emergency requirement as (iii) Conduct investigations with respect to tablish the Department of Homeland defined in the Balanced Budget and Emer- matters under the jurisdiction of the Sec- Security, and for other purposes; which gency Deficit Control Act of 1985, as amend- retary. was ordered to lie on the table; as fol- ed, is transmitted by the President to Con- (iv) Appraise the performance of consular lows: gress. officers with respect to the processing and On page 137, between lines 13 and 14, insert FEDERAL EMERGENCY MANAGEMENT AGENCY adjudication of applications for visas in ac- the following: EMERGENCY MANAGEMENT PLANNING AND cordance with performance standards devel- ASSISTANCE oped by the Secretary. Such appraisals shall SEC. 173. INFORMATION ON VISA DENIALS RE- be given great weight by the Secretary of QUIRED TO BE ENTERED INTO ELEC- For an additional amount for ‘‘Emergency TRONIC DATA SYSTEM. management planning and assistance’’ for State in assessing the performance of such emergency expenses to respond to the Sep- officers. (a) IN GENERAL.—Whenever a consular offi- tember 11, 2001, terrorist attacks on the cer of the United States denies a visa to an United States, $200,000,000 to remain avail- SA 4502. Mr. GRASSLEY submitted applicant, the consular officer shall enter able until September 30, 2003, of which an amendment intended to be proposed the fact of the denial and the name of the ap- $150,000,000 is for programs authorized by sec- to amendment SA 4471 proposed by Mr. plicant into the interoperable electronic tion 33 of the Federal Fire Prevention and LIEBERMAN to the bill H.R. 5005, to es- data system implemented under section Control Act of 1974, as amended (15 U.S.C. tablish the Department of Homeland 202(a) of the Enhanced Border Security and 2201 et seq.) and $50,000,000 for interoperable Security, and for other purposes; which Visa Entry Reform Act of 2002 (8 U.S.C. communications equipment: Provided, That was ordered to lie on the table, as fol- 1722(a)). the entire amount is designated by Congress lows: (b) PROHIBITION.—In the case of any alien as an emergency requirement pursuant to On page 37, line 21, strike ‘‘and’’. with respect to whom a visa has been denied section 251(b)(2)(A) of the Balanced Budget On page 37, between lines 21 and 22, insert under subsection (a)— and Emergency Deficit Control Act of 1985, (1) no subsequent visa may be issued; and as amended: Provided further, That the entire the following: (3) ensure that all employees of the Depart- (2) the alien may not be admitted to the amount shall be available only to the extent United States. an official budget request, that includes des- ment are informed of their rights and rem- ignation of the entire amount of the request edies under chapters 12 and 23 of title 5, United States Code, by— as an emergency requirement as defined in SA 4506. Ms. SNOWE submitted an the Balanced Budget and Emergency Deficit (A) participating in the 2302(c) Certifi- cation Program of the Office of Special amendment intended to be proposed to Control Act of 1985, as amended, is trans- amendment SA 4471 proposed by Mr. mitted by the President to Congress. Counsel; (B) achieving certification from the Office LIEBERMAN to the bill H.R. 5005, to es- DEPARTMENT OF JUSTICE of Special Counsel of the Department’s com- tablish the Department of Homeland COMMUNITY ORIENTED POLICING SERVICES pliance with section 2302(c) of title 5, United Security, and for other purposes; which For an amount to establish the Commu- States Code; and was ordered to lie on the table; as fol- nity Oriented Policing Services’ Interoper- (C) informing Congress of such certifi- able Communications Technology Program cation not later than 24 months after the lows: in consultation with the Office of Science date of enactment of this Act; and On page 137, between lines 13 and 14, insert and Technology within the National Insti- On page 37, line 22, strike ‘‘(3)’’ and insert the following: tute of Justice, and the Bureau of Justice ‘‘(4)’’. Assistance, for emergency expenses for ac- SEC. 173. STUDY ON USE OF FOREIGN NATIONAL PERSONNEL IN VISA PROCESSING. tivities related to combating terrorism by SA 4503. Mr. GRASSLEY submitted providing grants to States and localities to an amendment intended to be proposed (a) STUDY.—The Secretary shall conduct a improve communications within, and among, to amendment SA 4471 proposed by Mr. study on the use of foreign national per- law enforcement agencies, $50,000,000, to re- sonnel in visa processing to determine LIEBERMAN to the bill H.R. 5005, to es- main available until expended: Provided, whether such uses are consistent with secure That the entire amount is designated by tablish the Department of Homeland visa processing. The study shall review and Congress as an emergency requirement pur- Security, and for other purposes; which make recommendations with respect to— suant to section 251(b)(2)(A) of the Balanced was ordered to lie on the table, as fol- (1) the effects or possible effects on na- Budget and Emergency Deficit Control Act lows: tional security of the use of foreign national of 1985, as amended: Provided further, That On page 68, insert between lines 13 and 14 personnel in individual countries to perform the entire amount shall be available only to the following: data entry, process visas or visa applica- the extent an official budget request that in- (d) INCLUSIONS IN TRANSFERS.—The trans- tions, or in any way handle visas or visa ap- cludes designation of the entire amount of fers under subsection (c) shall include— plication documents; and the request as an emergency requirement as (1) with respect to personnel, all employees (2) each United States mission abroad to defined in the Balanced Budget and Emer- of the transferred entity who are employed determine whether United States consular gency Deficit Control Act of 1985, as amend- by that entity on September 1, 2002, except services performed at the United States mis- ed, is transmitted by the President to Con- any employee who is scheduled for reassign- sion require different regulations on the use gress. ment before that date; and of foreign national personnel. (2) with respect to assets— (b) USE OF RECOMMENDATIONS.—Not later SA 4501. Mr. GRASSLEY submitted (A) all records relating to open investiga- than four months after the effective date of tions; an amendment intended to be proposed this division, the Secretary, in consultation (B) training capabilities; to amendment SA 4471 proposed by Mr. with the Secretary of State, shall include (C) operational proprietary hardware and LIEBERMAN to the bill H.R. 5005, to es- the recommendations made by the study re- software in use on September 1, 2002; and tablish the Department of Homeland quired under subsection (a) in the regula- (D) partnerships with private entities. Security, and for other purposes; which tions and policies of consular services that was ordered to lie on the table; as fol- SA 4504. Ms. SNOWE submitted an the Secretary of Homeland Security is re- lows: amendment intended to be proposed to quired to promulgate under this Act. On page 22, strike lines 1 through 16 and in- amendment SA 4471 proposed by Mr. sert the following: LIEBERMAN to the bill H.R. 5005, to es- (A) IN GENERAL.—The Secretary shall as- SA 4507. Mrs. CLINTON submitted an sign employees of the Department to each tablish the Department of Homeland amendment intended to be proposed to diplomatic and consular post at which visas Security, and for other purposes; which amendment SA 4472 proposed by Mr. are issued, unless the Secretary determines, was ordered to lie on the table; as fol- BYRD to the bill H.R. 5093, making ap- based upon homeland security consider- lows: propriations for the Department of the ations, that such an assignment is not re- On page 137, between lines 13 and 14, insert interior and related agencies for the quired at a particular post. Employees so as- the following: fiscal year ending September 30, 2003, signed shall perform the following functions: SEC. 173. SENSE OF CONGRESS. and for other purposes; which was or- (i) Provide expert advice to consular offi- It is the sense of Congress that the Sec- cers regarding specific security threats re- retary should develop and maintain intel- dered to lie on the table; as follows: lating to the adjudication of individual visa ligence analysts from among the employees At the appropriate place, add the fol- applications or classes of applications. of the Directorate of Intelligence. lowing: September 5, 2002 CONGRESSIONAL RECORD — SENATE S8315 TITLE IV—EMERGENCY FUNDING FOR SEC. 602. ESTABLISHMENT OF AT LEAST ONE (A) provides support for emergency pre- FIREFIGHTERS AND OTHER EMER- WEAPONS OF MASS DESTRUCTION paredness programs to prepare for or to re- GENCY RESPONDERS CIVIL SUPPORT TEAM IN EACH spond to any emergency involving the use of STATE. a weapon of mass destruction (as defined in DEPARTMENT OF HEALTH AND HUMAN The Secretary of Defense shall ensure that SERVICES section 1403 of the Defense Against Weapons there is established, by not later than Sep- of Mass Destruction Act of 1996 (50 U.S.C. OFFICE OF THE SECRETARY tember 30, 2003, at least one Weapons of Mass 2302)); and PUBLIC HEALTH AND SOCIAL SERVICES Destruction Civil Support Team in each (B) is composed of members of National EMERGENCY FUND State. Guard who are performing duties as members For emergency expenses to respond to the SEC. 603. DEFINITIONS. of the team under the authority of sub- September 11, 2001, terrorist attacks on the In this title: section (c) of section 12310 of title 10, United United States for ‘‘Public Health and Social (1) WEAPONS OF MASS DESTRUCTION CIVIL States Code, while serving on active duty as Services Emergency Fund’’ for baseline and SUPPORT TEAM.—The term ‘‘Weapons of Mass described in subsection (a) of such section or follow-up screening and clinical examina- Destruction Civil Support Team’’ means a on full-time National Guard duty under sec- tions, long-term health monitoring and anal- team that— tion 502(f) of title 32, United States Code. ysis for the emergency services personnel, (A) provides support for emergency pre- (2) STATE.—The term ‘‘State’’ includes the rescue and recovery personnel, $90,000,000, to paredness programs to prepare for or to re- District of Columbia, Puerto Rico, the Vir- be available immediately upon enactment of spond to any emergency involving the use of gin Islands, and Guam. this Act and to remain available until ex- a weapon of mass destruction (as defined in SEC. 604. FUNDING. pended, of which no less than $25,000,000 shall section 1403 of the Defense Against Weapons The costs of establishing Weapons of Mass be available for current and retired fire- of Mass Destruction Act of 1996 (50 U.S.C. Destruction Civil Support Teams to comply fighters: Provided, That the entire amount is 2302)); and with the requirement in section 602, and the designated by Congress as an emergency re- (B) is composed of members of National costs of training and equipping the teams es- quirement pursuant to section 251(b)(2)(A) of Guard who are performing duties as members tablished to comply with such requirement, the Balanced Budget and Emergency Deficit of the team under the authority of sub- may be paid (to the extent properly allocable Control Act of 1985, as amended. section (c) of section 12310 of title 10, United on the bases of purpose and period of avail- States Code, while serving on active duty as FEDERAL EMERGENCY MANAGEMENT AGENCY ability) out of funds authorized to be appro- described in subsection (a) of such section or priated for fiscal year 2003 for purposes as EMERGENCY MANAGEMENT PLANNING AND on full-time National Guard duty under sec- follows: ASSISTANCE tion 502(f) of title 32, United States Code. (1) For the Army, for— For an additional amount for ‘‘Emergency (2) STATE.—The term ‘‘State’’ includes the (A) military personnel; management planning and assistance’’ for District of Columbia, Puerto Rico, the Vir- (B) operation and maintenance; emergency expenses to respond to the Sep- gin Islands, and Guam. (C) other procurement; or tember 11, 2001, terrorist attacks on the SEC. 604. FUNDING. (D) military construction. United States, $200,000,000 to be available im- The costs of establishing Weapons of Mass (2) For the Air Force for military per- mediately upon enactment of this Act and to Destruction Civil Support Teams to comply sonnel. remain available until September 30, 2003, of with the requirement in section 602, and the (3) For the Department of Defense for the which $150,000,000 is for programs authorized costs of training and equipping the teams es- chemical and biological defense program. by section 33 of the Federal Fire Prevention tablished to comply with such requirement, and Control Act of 1974, as amended (15 may be paid (to the extent properly allocable SA 4510. Mr. BAYH (for himself and U.S.C. 2201 et seq.) and $50,000,000 for inter- on the bases of purpose and period of avail- Mr. SHELBY) submitted an amendment operable communications equipment: Pro- ability) out of funds authorized to be appro- intended to be proposed to amendment vided, That the entire amount is designated priated for fiscal year 2003 for purposes as by Congress as an emergency requirement follows: SA 4471 proposed by Mr. LIEBERMAN to pursuant to section 251(b)(2)(A) of the Bal- (1) For the Army, for— the bill H.R. 5005, to establish the De- anced Budget and Emergency Deficit Control (A) military personnel; partment of Homeland Security, and Act of 1985, as amended. (B) operation and maintenance; for other purposes; which was ordered DEPARTMENT OF JUSTICE (C) other procurement; or to lie on the table; as follows: (D) military construction. On page 211, between lines 9 and 10, insert COMMUNITY ORIENTED POLICING SERVICES (2) For the Air Force for military per- the following: For an amount to establish the Commu- sonnel. nity Oriented Policing Services’ Interoper- TITLE VI—STRENGTHENED TEMPORARY (3) For the Department of Defense for the FLIGHT RESTRICTIONS FOR THE PRO- able Communications Technology Program chemical and biological defense program. in consultation with the Office of Science TECTION OF CHEMICAL WEAPONS STORAGE DEPOTS and Technology within the National Insti- SA 4509. Mr. FEINGOLD (for himself, SEC. 601. ENFORCEMENT OF TEMPORARY FLIGHT tute of Justice, and the Bureau of Justice Mr. LEAHY, Mr. KOHL, and Mr. Assistance, for emergency expenses for ac- RESTRICTIONS. TORRICELLI) submitted an amendment tivities related to combating terrorism by (a) IMPROVED ENFORCEMENT.—The Sec- providing grants to States and localities to intended to be proposed to amendment retary of Defense shall take such actions as improve communications within, and among, SA 4471 proposed by Mr. LIEBERMAN to may be necessary to improve the enforce- law enforcement agencies, $50,000,000, to be the bill H.R. 5005, to establish the De- ment of temporary flight restrictions appli- available immediately upon enactment of partment of Homeland Security, and cable to Department of Defense depots for this Act and to remain available until ex- for other purposes; which was ordered the storage of lethal chemical agents and munitions. pended: Provided, That the entire amount is to lie on the table; as follows: (b) ASSESSMENT OF USE OF COMBAT AIR PA- designated by Congress as an emergency re- On page 211, between lines 9 and 10, insert TROLS AND EXERCISES.—The Secretary shall quirement pursuant to section 251(b)(2)(A) of the following: the Balanced Budget and Emergency Deficit include among the actions taken under sub- TITLE VI—WEAPONS OF MASS Control Act of 1985, as amended. section (a) an assessment of the effective- DESTRUCTION CIVIL SUPPORT TEAMS ness, in terms of deterrence and capabilities SA 4508. Mr. FEINGOLD (for himself, SEC. 601. SHORT TITLE. for timely response, of current requirements This title may be cited as the ‘‘Weapons of for carrying out combat air patrols and Mr. LEAHY, Mr. KOHL, and Mr. Mass Destruction Civil Support Team Act of flight training exercises involving combat TORRICELLI) submitted an amendment 2002’’. aircraft over the depots referred to in such intended to be proposed to amendment SEC. 602. ESTABLISHMENT OF AT LEAST ONE subsection. SA 4471 proposed by Mr. LIEBERMAN to WEAPONS OF MASS DESTRUCTION SEC. 602. REPORTS ON UNAUTHORIZED INCUR- the bill H.R. 5005, to establish the De- CIVIL SUPPORT TEAM IN EACH SIONS INTO RESTRICTED AIRSPACE. partment of Homeland Security, and STATE. (a) REQUIREMENT FOR REPORT.—The Ad- for other purposes; which was ordered The Secretary of Defense shall ensure that ministrator of the Federal Aviation Admin- there is established, by not later than Sep- istration shall submit to Congress a report to lie on the table; as follows: tember 30, 2003, at least one Weapons of Mass On page 210, between lines 9 and 10, insert on each incursion of an aircraft into airspace Destruction Civil Support Team in each the following: in the vicinity of Department of Defense de- State. pots for the storage of lethal chemical TITLE VI—WEAPONS OF MASS SEC. 603. DEFINITIONS. agents and munitions in violation of tem- DESTRUCTION CIVIL SUPPORT TEAMS In this title: porary flight restrictions applicable to that SEC. 601. SHORT TITLE. (1) WEAPONS OF MASS DESTRUCTION CIVIL airspace. The report shall include a discus- This title may be cited as the ‘‘Weapons of SUPPORT TEAM.—The term ‘‘Weapons of Mass sion of the actions, if any, that the Adminis- Mass Destruction Civil Support Team Act of Destruction Civil Support Team’’ means a trator has taken or is taking in response to 2002’’. team that— or as a result of the incursion. S8316 CONGRESSIONAL RECORD — SENATE September 5, 2002 (b) TIME FOR REPORT.—The report required day, September 5, 2002, at 2:30 p.m. on H.R. 3838, to amend the charter of the under subsection (a) regarding an incursion the nominations of Roger Nober to be a Veterans of Foreign Wars to make ad- described in such subsection shall be sub- member of the Surface Transportation ditional members of the armed services mitted not later than 30 days after the oc- Board and David Laney to be a member eligible for membership in the organi- currence of the incursion. of the Amtrak Reform Board. zation [Bilirakis]. SEC. 603. REVIEW AND REVISION OF TEMPORARY FLIGHT RESTRICTIONS. The PRESIDING OFFICER. Without S. 1972, to amend the charter of the (a) REQUIREMENT TO REVIEW AND REVISE.— objection, it is so ordered. AMVETS organization [Rockefeller]. The Secretary of Defense shall— COMMITTEE ON FINANCE H.R. 3214, to amend the charter of the (1) review the temporary flight restrictions Mr. REID. Mr. President, I ask unan- AMVETS organization [Chris Smith]. that are applicable to airspace in the vicin- imous consent that the Committee on S. Res. 316, to designate the year be- ity of Department of Defense depots for the Finance be authorized to meet in Open ginning February 1, 2003, as the ‘‘Year storage of lethal chemical agents and muni- Executive Session during the session of of the Blues’’ [Lincoln/Cantwell/Fein- tions, including altitude and radius restric- the Senate on Thursday, September 5, gold]. tions; and (2) revise the restrictions as the Secretary 2002, at 10:00 a.m., to markup a sub- S. 2896, to enhance the operation of considers appropriate to ensure sufficient op- stitute for H.R. 5063, the ‘‘Armed the AMBER Alert communications net- portunity for— Forces Tax Fairness Act of 2002’’. work [Hutchison/Feinstein/Leahy/ (A) detection of incursions of aircraft into The PRESIDING OFFICER. Without Hatch/Biden/Durbin/Edwards]. such airspace; and objection, it is so ordered. S. 1615, Federal-Local Information (B) response to protect such agents and COMMITTEE ON HEALTH, EDUCATION, LABOR, Sharing Partnership Act of 2001 [Schu- munitions effectively from threats associ- AND PENSIONS mer/Leahy/Hatch/Biden/Durbin]. ated with the incursions. Mr. REID. Mr. President, I ask unan- S. 1655, Captive Exotic Animal Pro- (b) REPORT.—Not later than 60 days after imous consent that the Committee on tection Act of 2001 [Biden, Feinstein, the date of the enactment of this Act, the Health, Education, Labor, and Pen- Secretary shall submit to Congress a report Durbin, Kohl, Cantwell]. on the actions taken under subsection (a). sions be authorized to meet in execu- The PRESIDING OFFICER. Without The report shall contain the following: tive session, after first vote, during the objection, it is so ordered. (1) The matters considered in the review session of the Senate on Thursday, SELECT COMMITTEE ON INTELLIGENCE required under that subsection. September 5, 2002, in SD–430. The fol- Mr. REID. Mr. President, I ask unan- (2) The revisions of temporary flight re- lowing items will be considered. imous consent that the Select Com- strictions that have been made or are 1. S. 2328, Safe Motherhood Act for mittee on Intelligence be authorized to planned to be made as a result of the review, Research and Treatment. together with a discussion of how those revi- 2. S. lll, to Reauthorize the Na- meet during the session of the Senate sions ensure the attainment of the objectives tional Science Foundation. on Thursday, September 5, 2002 at 2:30 specified in paragraph (2) of such subsection. The PRESIDING OFFICER. Without p.m. to hold a closed hearing on intel- objection, it is so ordered. ligence matters. SA 4511. Mr. REID (for Mr. JEFFORDS COMMITTEE ON THE JUDICIARY THE PRESIDING OFFICER. Without (for himself and Mr. SMITH of New objection, it is so ordered. Hampshire)) proposed an amendment Mr. REID. Mr. President, I ask unan- SUBCOMMITTEE ON FORESTRY, CONSERVATION to the bill S. 351, to amend the Solid imous consent that the Committee on the Judiciary be authorized to meet to AND RURAL REVITALIZATION Waste Disposal Act to reduce the quan- Mr. REID. Mr. President, I ask unan- tity of mercury in the environment by conduct a markup on Thursday, Sep- tember 5, 2002, at 10 a.m., in SD226. imous consent that the Subcommittee limiting the use of mercury fever ther- on Forestry, Conservation, and Rural mometers and improving the collection Agenda Revitalization of the Committee on and proper management of mercury, I. Nominations Agriculture, Nutrition, and Forestry be and for other purposes; as follows: authorized to meet during the session On page 16, strike lines 4 through 6. Priscilla Owen to be a U.S. Circuit On page 16, line 7, strike ‘‘(7)’’ and insert Court Judge for the Fifth Circuit. of the Senate on Thursday September ‘‘(6)’’. Reena Raggi to be a U.S. Circuit 5, 2002 in SR–328A at 9 a.m. The purpose On page 16, line 12, strike ‘‘(8)’’ and insert Court Judge for Second District. of this hearing will be to discuss the ‘‘(7)’’. Ronald H. Clark to be a U.S. District decline of oak tree populations in On page 16, line 16, strike ‘‘(9)’’ and insert Court Judge for the Eastern District of southern States caused by prolonged ‘‘(8)’’. Texas. drought and red oak borer insect infes- On page 16, line 20, strike ‘‘(10)’’ and insert James Knoll Gardner to be a U.S. tation. ‘‘(9)’’. District Court Judge for the Eastern THE PRESIDING OFFICER. Without On page 17, line 23, insert ‘‘liquid’’ before ‘‘mercury’’. District of Pennsylvania. objection, it is so ordered. On page 21, line 15, insert ‘‘intentionally’’ Lawrence J. Block to be a Judge for f before ‘‘used’’. U.S. Court of Federal Claims. To be a U.S. Marshal: Denny Wade HONORING THE VALLEY SPORTS f King for the Middle District of Ten- AMERICAN LITTLE LEAGUE AUTHORITY FOR COMMITTEES TO nessee. BASEBALL TEAM MEET II. Bills The following resolution was sub- COMMITTEE ON BANKING, HOUSING, AND URBAN mitted as follows: S. 2480, Law Enforcement Officers AFFAIRS S. RES. 320 Safety Act of 2002 [Leahy/Hatch/Fein- Mr. REID. Mr. President, I ask unan- stein/Thurmond/Cantwell/Grassley/Ed- Whereas on August 25, 2002, the Valley imous consent that the Committee on Sports American Little League baseball wards/Kyl/DeWine/Sessions/McConnell/ Banking, Housing, and Urban Affairs team from Louisville, Kentucky, won the Brownback]. be authorized to meet during the ses- Little League Baseball World Series; S. 2127, a bill for the relief of the Whereas, this is the first time a Kentucky sion of the Senate on Thursday, Sep- Pottawatomi Nation in Canada for set- tember 5, 2002, at 10:00 a.m., to conduct team has won the Little League Baseball tlement of certain claims against the World Series in the 56-year history of the se- a hearing on ‘‘The Importance of Fi- United States. [Inouye]. ries; nancial Literacy Among College Stu- H.R. 809, Antitrust Technical Correc- Whereas, the Valley Sports team had an dents.’’ tions Act of 2001 [Sensenbrenner/Con- impressive and overall undefeated record of The PRESIDING OFFICER. Without yers]. 24 wins and 0 losses, including 4 victories in objection, it is so ordered. H.R. 3375, Embassy Employee Com- the playoffs, and winning the championship game; COMMITTEE ON COMMERCE, SCIENCE, AND pensation Act [Blunt]. Whereas, the Valley Sports team players, TRANSPORTATION S. 2798, Employee Abuse Prevention Aaron Alvey, Justin Elkins, Ethan Henry, Mr. REID. Mr. President, I ask unan- Act of 2002 [Durbin/Leahy/Kennedy]. Alex Hornback, Wes Jenkins, Casey Jordan, imous consent that the Committee on S. 2820, to increase the priority for Shane Logsdon, Blaine Madden, Zach Commerce, Science, and Transpor- employee wages and benefits in bank- Osborne, Jake Remines, Josh Robinson, and tation be authorized to meet on Thurs- ruptcy [Carnahan/Leahy/Kennedy]. Wes Walden, showed tremendous dedication September 5, 2002 CONGRESSIONAL RECORD — SENATE S8317 and sportsmanship throughout the season to- Whereas, the Valley Sports team fans from and came away victorious by a score of 1–0: ward the goal of wining the Little League Kentucky showed enthusiasm, support and Now, therefore, be it baseball world championship; courtesy for the game of baseball, and all the Resolved, that the Senate honors the Val- Whereas, the Valley Sports team was man- players and coaches; and ley Sports American Little Leagu9e baseball aged by Troy Osborne, and coached by Keith Whereas, in the 56th Little League Base- Elkins and Dan Roach, who all demonstrated ball World Series championship game the team from Louisville, Kentucky, for winning professionalism and respect for their players Valley Sports American baseball team faced the 2002 Little League World Series Cham- and the game of baseball; hthe Sendai Higashi Japanese baseball team pionship. FOREIGN CURRENCY REPORTS In accordance with the appropriate provisions of law, the Secretary of the Senate herewith submits the following re- port(s) of standing committees of the Senate, certain joint committees of the Congress, delegations and groups, and select and special committees of the Senate, relating to expenses incurred in the performance of authorized foreign travel: CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON AGRICULTURE, NUTRITION AND FORESTRY FOR TRAVEL FROM APR. 1 TO JUNE 20, 2002

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Edward Barron: Italy ...... Euro ...... 1,163.00 ...... 5,669.51 ...... 6,832.51 France ...... Euro ...... 747.00 ...... 747.00 Total ...... 1,910.00 ...... 5,669.51 ...... 7,579.51 TOM HARKIN, Chairman, Committee on Agriculture, Nutrition and Forestry, July 25, 2002.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON ARMED SERVICES FOR TRAVEL FROM APR. 1 TO JUNE 30, 2002

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Senator Bill Nelson: Cyprus ...... Dollar ...... 169.00 ...... 169.00 Uzbekistan ...... Dollar ...... 666.00 ...... 666.00 Pakistan ...... Dollar ...... 524.00 ...... 524.00 India ...... Dollar ...... 1,650.00 ...... 1,650.00 Syria ...... Dollar ...... 522.00 ...... 522.00 Turkey ...... Dollar ...... 536.00 ...... 536.00 Switzerland ...... Dollar ...... 284.00 ...... 284.00 Dan McLaughlin: Cyprus ...... Dollar ...... 169.00 ...... 169.00 Uzbekistan ...... Dollar ...... 666.00 ...... 666.00 Pakistan ...... Dollar ...... 524.00 ...... 524.00 India ...... Dollar ...... 1,650.00 ...... 1,650.00 Syria ...... Dollar ...... 522.00 ...... 522.00 Turkey ...... Dollar ...... 536.00 ...... 536.00 Switzerland ...... Dollar ...... 284.00 ...... 284.00 Evelyn F. Farkas: Singapore ...... Dollar ...... 381.03 ...... 20.00 ...... 20.00 ...... 421.03 Bernard Toon: Russia ...... Dollar ...... 1,564.00 ...... 1,564.00 Germany ...... Dollar ...... 338.00 ...... 338.00 Senator James M. Inhofe: Italy ...... Dollar ...... 63.51 ...... 63.51 Israel ...... Dollar ...... 279.59 ...... 279.59 Mark Powers: United States ...... Dollar ...... 6,586.73 ...... 6,585.73 Germany ...... Dollar ...... 68.16 ...... 68.16 Italy ...... Dollar ...... 302.99 ...... 302.99 Cote D’lvoire ...... Dollar ...... 22.40 ...... 22.40 Oman ...... Dollar ...... 146.47 ...... 146.47 Jordan ...... Dollar ...... 158.00 ...... 158.00 Israel ...... Dollar ...... 279.66 ...... 279.66 Senator Jack Reed: Singapore ...... Dollar ...... 365.09 ...... 365.09 Elizabeth King: Singapore ...... Dollar ...... 394.52 ...... 15.67 410.19 Senator Jeff Bingaman: United States ...... Dollar ...... 3,082.80 ...... 3,082.80 Russia ...... Dollar ...... 991.05 ...... 991.05 Total ...... 14,056.47 ...... 9,689.53 ...... 35.67 ...... 23,781.67 CARL LEVIN, Chairman, Committee on Armed Services, July 1, 2002.

AMENDMENT TO 3RD QUARTER 2001 CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON ARMED SERVICES FOR TRAVEL FROM JULY 1 TO SEPT. 30, 2001

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Senator James M. Inhofe: Ghana ...... Dollar ...... 215.00 ...... 215.00 Kenya ...... Dollar ...... 252.00 ...... 252.00 Benin ...... Dollar ...... 189.00 ...... 189.00 United States ...... Dollar ...... 4,727.21 ...... 4,727.21 Mark Powers: Ghana ...... Dollar ...... 215.00 ...... 215.00 S8318 CONGRESSIONAL RECORD — SENATE September 5, 2002 AMENDMENT TO 3RD QUARTER 2001 CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON ARMED SERVICES FOR TRAVEL FROM JULY 1 TO SEPT. 30, 2001—Continued

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Kenya ...... Dollar ...... 252.00 ...... 252.00 Benin ...... Dollar ...... 189.00 ...... 189.00 United States ...... Dollar ...... 5,878.12 ...... 5,878.12 Total ...... 1,312.00 ...... 10,605.33 ...... 11,917.33 CARL LEVIN, Chairman, Committee on Armed Services, July 30, 2002.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON BANKING, HOUSING AND URBAN AFFAIRS FOR TRAVEL FROM APR. 1 TO JUNE 20, 2002

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Senator Phil Gramm: Turkey ...... Dollar ...... 1,565.00 ...... 1,565.00 Denmark ...... Dollar ...... 478.00 ...... 478.00 Senator Mike Crapo: Turkey ...... Dollar ...... 1,565.00 ...... 1,565.00 Denmark ...... Dollar ...... 478.00 ...... 478.00 Ruth Cymber: Turkey ...... Dollar ...... 1,565.00 ...... 1,565.00 Denmark ...... Dollar ...... 478.00 ...... 478.00 Larry Neal: Turkey ...... Dollar ...... 1,565.00 ...... 1,565.00 Denmark ...... Dollar ...... 478.00 ...... 478.00 Expenses for Delegation 1 Turkey ...... Dollar ...... 2,814.92 ...... 2,814.92 Catherine Cruz Woktasik: Argentina ...... Dollar ...... 1,135.00 ...... 998.47 ...... 2,133.47 Ethiopia ...... Dollar ...... 950.00 ...... 5,439.45 ...... 6,389.45 Total ...... 10,257.00 ...... 6,437.92 ...... 2,814.92 ...... 19,509.84 1 Delegation expenses include direct payments and reimbursements to the Department of State under authority of Sec. 502(b) of the Mutual Security Act of 1954, as amended by Sec. 22 of P.L. 95–384. PAUL S. SARBANES, Chairman, Committee on Banking, Housing, and Urban Affairs, July 30, 2002.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON BUDGET FOR TRAVEL FROM MAY 24 TO MAY 29, 2002

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Senator Pete V. Domenici: Russia ...... Dollar ...... 1,376.00 ...... 2,368.30 ...... 3,744.30 Stephen E. Bell: Russia ...... Dollar ...... 1,376.00 ...... 2,368.30 ...... 3,744.30 Total ...... 2,752.00 ...... 4,736.60 ...... 7,488.60 KENT CONRAD, Chairman, Committee on Budget, August 1, 2002.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION FOR TRAVEL FROM APR. 1 TO JUNE 30, 2002

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Michael W. Reynolds: France ...... Euro ...... 831.47 ...... 2,436.43 ...... 3,267.90 Belguim ...... Euro ...... 199.55 ...... 199.55 Total ...... 1,031.02 ...... 2,436.43 ...... 3,467.45 FRITZ HOLLINGS, Chairman, Committee on Commerce, Science, and Transportation, July 12, 2002.

AMENDMENT TO 1ST QUARTER 2002 CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(B), COMMITTEE ON ENERGY AND NATURAL RESOURCES FOR TRAVEL FROM JAN. 1 TO MAR. 31, 2002

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Senator Jeff Bingaman: Azerbaijan ...... Dollar ...... 819.00 ...... 819.000 Turkey ...... Dollar ...... 626.90 ...... 626.90 United States ...... Dollar ...... 6,178.90 ...... 6,178.90 Bernard Toon: Azerbaijan ...... Dollar ...... 833.50 ...... 833.50 September 5, 2002 CONGRESSIONAL RECORD — SENATE S8319 AMENDMENT TO 1ST QUARTER 2002 CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(B), COMMITTEE ON ENERGY AND NATURAL RESOURCES FOR TRAVEL FROM JAN. 1 TO MAR. 31, 2002—Continued

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Turkey ...... Dollar ...... 641.50 ...... 641.50 United States ...... Dollar ...... 6,289.50 ...... 6,289.50 Robert M Simon: Azerbaijan ...... Dollar ...... 790.00 ...... 790.00 Turkey ...... Dollar ...... 660.00 ...... 660.00 United States ...... Dollar ...... 6,178.90 ...... 6,178.90 Shirley J Neff: Azerbaijan ...... Dollar ...... 947.00 ...... 947.00 Turkey ...... Dollar ...... 592.00 ...... 592.00 United States ...... Dollar ...... 6,545.90 ...... 6,545.90 Jennifer R Michael: Azerbaijan ...... Dollar ...... 839.00 ...... 839.00 Turkey ...... Dollar ...... 588.00 ...... 588.00 United States ...... Dollar ...... 6,545.90 ...... 6,545.90 Jonathan Y Black: Azerbaijan ...... Dollar ...... 920.00 ...... 920.00 Turkey ...... Dollar ...... 546.00 ...... 546.00 United States ...... Dollar ...... 6,5545.90 ...... 6,545.90 Total ...... 8,802.90 ...... 38,285.00 ...... 47,087.90 JEFF BINGAMAN, Chairman, Committee on Energy and National Resources, July 30, 2002.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON FINANCE FOR TRAVEL FROM APR. 1 TO JUNE 30, 2002

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Theodore Posner:. China ...... Renminbi ...... 883.40 ...... 5,575,50 ...... 6,458.90 Everett Eissenstat:. China ...... Renminbi ...... 1,241.00 ...... 5,505.00 ...... 6,746.00 Charles Freeman:. China ...... Renminbi ...... 1,241.00 ...... 5,505.00 ...... 6,746.00 Total ...... 3,365.40 ...... 16,585.50 ...... 19,950.90 MAX BAUCUS, Chairman, Committee on Finance, June 25, 2002.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON FOREIGN RELATIONS FOR TRAVEL FROM APR. 1 TO JUNE 30, 2002

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Semator Lincoln Chafee: Venezuela ...... Dollar ...... 2.00 ...... 2.00 Senator Michael B. Enzi: Russia ...... Dollar ...... 1,376.00 ...... 1,376.00 United States ...... Dollar ...... 4,633.50 ...... 4,633.50 Senator Chuck Hagel: Singapore ...... Dollar ...... 510.00 ...... 510.00 Senator Robert Torricelli: Saudi Arabia ...... Dollar ...... 450.00 ...... 450.00 Pakistan ...... Dollar ...... 674.00 ...... 674.00 United States ...... Dollar ...... 7,146.34 ...... 7,146.34 Jonah Blank: Indonesia ...... Dollar ...... 1,718.00 ...... 1,718.00 United States ...... Dollar ...... 8,496.98 ...... 8,496.98 John Bradshaw: Saudi Arabia ...... Dollar ...... 450.00 ...... 450.00 Pakistan ...... Dollar ...... 674.00 ...... 674.00 United States ...... Dollar ...... 7,146.34 ...... 7,146.34 Jose Cardenas: Colombia ...... Dollar ...... 884.00 ...... 884.00 United States ...... Dollar ...... 1,890.50 ...... 1,890.50 Heather Flynn: Guinea ...... Dollar ...... 800.00 ...... 800.00 Liberia ...... Dollar ...... 745.00 ...... 745.00 Sierra Leone ...... Dollar ...... 324.00 ...... 324.00 United States ...... Dollar ...... 7,554.54 ...... 7,554.54 Mali ...... Dollar ...... 580.00 ...... 580.00 Mauritania ...... Dollar ...... 780.00 ...... 780.00 United States ...... Dollar ...... 8,906.00 ...... 8,906.00 Brian G. Fox: Colombia ...... Dollar ...... 884.00 ...... 884.00 United States ...... Dollar ...... 2,395.00 ...... 2,395.00 Jeff Gibbs: Ethiopia ...... Dollar ...... 600.00 ...... 600.00 Kenya ...... Dollar ...... 400.00 ...... 400.00 Somaliland ...... Dollar ...... 300.00 ...... 300.00 Djibouti ...... Dollar ...... 300.00 ...... 300.00 Eritrea ...... Dollar ...... 650.00 ...... 650.00 United States ...... Dollar ...... 6,978.45 ...... 6,978.45 Philip M. Griffin: Ethiopia ...... Dollar ...... 500.00 ...... 500.00 Kenya ...... Dollar ...... 500.00 ...... 500.00 Somaliland ...... Dollar ...... 300.00 ...... 300.00 Djibouti ...... Dollar ...... 300.00 ...... 300.00 Eritrea ...... Dollar ...... 650.00 ...... 650.00 United States ...... Dollar ...... 6,978.45 ...... 6,978.45 S8320 CONGRESSIONAL RECORD — SENATE September 5, 2002 CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON FOREIGN RELATIONS FOR TRAVEL FROM APR. 1 TO JUNE 30, 2002—Continued

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Michael H. Haltzel: Germany ...... Dollar ...... 1,053.00 ...... 1,053.00 United States ...... Dollar ...... 4,927.25 ...... 4,927.25 Robert S. Hymans: Indonesia ...... Dollar ...... 640.00 ...... 640.00 East Timor ...... Dollar ...... 550.00 ...... 550.00 Japan ...... Dollar ...... 660.00 ...... 660.00 United States ...... Dollar ...... 7,965.37 ...... 7,965.37 Frank Jannuzi: Philippines ...... Dollar ...... 2,779.00 ...... 2,779.00 United States ...... Dollar ...... 4,747.00 ...... 4,747.00 Thailand ...... Dollar ...... 1,160.00 ...... 1,160.00 Burma ...... Dollar ...... 173.00 ...... 173.00 United States ...... Dollar ...... 3,781.00 ...... 3,781.00 David A. Merkel: Romania ...... Dollar ...... 260.00 ...... 260.00 Russia ...... Dollar ...... 1,032.00 ...... 1,032.00 Armenia ...... Dollar ...... 0.00 ...... 0.00 Georgia ...... Dollar ...... 486.00 ...... 486.00 Azerbaijan ...... Dollar ...... 667.00 ...... 667.00 United States ...... Dollar ...... 7,359.04 ...... 7,359.04 Romania ...... Dollar ...... 490.00 ...... 490.00 Bulgaria ...... Dollar ...... 260.00 ...... 260.00 Czech Republic ...... Dollar ...... 606.00 ...... 606.00 United Kingdom ...... Dollar ...... 344.00 ...... 344.00 United States ...... Dollar ...... 4,927.25 ...... 4,927.25 John Seggerman: Venezuela ...... Dollar ...... 174.00 ...... 174.00 Jamie Metzl: Belgium ...... Dollar ...... 771.00 ...... 771.00 United States ...... Dollar ...... 4,512.79 ...... 4,512.79 Katherine McGuire: Russia ...... Dollar ...... 1,376.00 ...... 1,376.00 United States ...... Dollar ...... 4,633.50 ...... 4,633.50 Patricia McNerney: Romania ...... Dollar ...... 490.00 ...... 490.00 Bulgaria ...... Dollar ...... 260.00 ...... 260.00 Czech Republic ...... Dollar ...... 606.00 ...... 606.00 United Kingdom ...... Dollar ...... 344.00 ...... 344.00 United States ...... Dollar ...... 6,555.90 ...... 6,555.90 Kenneth A. Myers III: Russia ...... Dollar ...... 1,908.00 ...... 1,908.00 Germany ...... Dollar ...... 338.00 ...... 338.00 Norway ...... Dollar ...... 295.00 ...... 295.00 United States ...... Dollar ...... 5,564.25 ...... 5,564.25 Bob Nickel: Singapore ...... Dollar ...... 510.00 ...... 510.00 Andrew Parasiliti: Singapore ...... Dollar ...... 510.00 ...... 510.00 Maurice A. Perkins: Brazil ...... Dollar ...... 1,350.00 ...... 1,350.00 United States ...... Dollar ...... 5,565.50 ...... 5,565.50 Peter D. Zimmerman: United Kingdom ...... Dollar ...... 1,519.14 ...... 1,519.14 United States ...... Dollar ...... 5,136.09 ...... 5,136.09 Total ...... 36,962.14 ...... 127,801.04 ...... 164,763.18 JOE BIDEN, Chairman, Committee on Foreign Relations, July 26, 2002.

AMENDMENT TO 1ST QUARTER 2002 CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b); COMMITTEE ON FOREIGN RELATIONS FOR TRAVEL FROM JAN. 1 TO MAR. 31, 2002

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Senator Lincoln D. Chafee: Cuba ...... Dollar ...... 346.00 ...... 346.00 Peru ...... Dollar ...... 370.00 ...... 370.00 Chile ...... Dollar ...... 490.00 ...... 490.00 Argentina ...... Dollar ...... 782.00 ...... 782.00 Uruguay ...... Dollar ...... 206.00 ...... 206.00 Brazil ...... Dollar ...... 215.00 ...... 215.00 Deborah Brayton: Cuba ...... Dollar ...... 396.00 ...... 396.00 Peru ...... Dollar ...... 420.00 ...... 420.00 Chile ...... Dollar ...... 592.00 ...... 592.00 Argentina ...... Dollar ...... 782.00 ...... 782.00 Uruguay ...... Dollar ...... 256.00 ...... 256.00 Brazil ...... Dollar ...... 235.00 ...... 235.00 David Andrew Olson: Kenya ...... Dollar ...... 200.00 ...... 200.00 Tanzania ...... Dollar ...... 120.00 ...... 120.00 Kenya ...... Dollar ...... 360.00 ...... 360.00 Uganda ...... Dollar ...... 580.00 ...... 580.00 United States ...... Dollar ...... 8,175.00 ...... 8.175.00 Nancy H. Stetson: United Kingdom ...... Dollar ...... 344.00 ...... 344.00 Jordan ...... Dollar ...... 114.00 ...... 114.00 Egypt ...... Dollar ...... 289.00 ...... 289.00 Israel ...... Dollar ...... 50.00 ...... 50.00 Israel ...... Dollar ...... 686.00 ...... 686.00 United States ...... Dollar ...... 7,271.00 ...... 7,271.00 Senator John F. Kerry: United Kingdom ...... Dollar ...... 344.00 ...... 344.00 Jordan ...... Dollar ...... 175.00 ...... 175.00 Egypt ...... Dollar ...... 310.00 ...... 310.00 Israel ...... Dollar ...... 50.00 ...... 50.00 Israel ...... Dollar ...... 750.00 ...... 750.00 September 5, 2002 CONGRESSIONAL RECORD — SENATE S8321 AMENDMENT TO 1ST QUARTER 2002 CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b); COMMITTEE ON FOREIGN RELATIONS FOR TRAVEL FROM JAN. 1 TO MAR. 31, 2002—Continued

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

United States ...... Dollar ...... 8,983.00 ...... 8,983.00 Mark T. Esper: Belgium ...... Dollar ...... 257.00 ...... 257.00 Austria ...... Dollar ...... 392.00 ...... 392.00 Slovakia ...... Dollar ...... 299.00 ...... 299.00 Slovenia ...... Dollar ...... 215.00 ...... 215.00 Lithuania ...... Dollar ...... 234.00 ...... 234.00 Estonia ...... Dollar ...... 186.00 ...... 186.00 Latvia ...... Dollar ...... 514.00 ...... 514.00 United States ...... Dollar ...... 3,530.47 ...... 3,530.47 Kyle J. Sullivan: Saudi Arabia ...... Dollar ...... 180.00 ...... 180.00 Jordan ...... Dollar ...... 210.00 ...... 210.00 Egypt ...... Dollar ...... 263.00 ...... 263.00 Israel ...... Dollar ...... 50.00 ...... 50.00 Israel ...... Dollar ...... 865.00 ...... 865.00 United States ...... Dollar ...... 6,394.00 ...... 6,394.00 David A. Merkel: Belgium ...... Dollar ...... 257.00 ...... 257.00 Austria ...... Dollar ...... 292.00 ...... 292.00 Slovakia ...... Dollar ...... 299.00 ...... 299.00 Slovenia ...... Dollar ...... 165.00 ...... 165.00 Lithuania ...... Dollar ...... 184.00 ...... 184.00 Estonia ...... Dollar ...... 136.00 ...... 136.00 Latvia ...... Dollar ...... 414.00 ...... 414.00 United States ...... Dollar ...... 7,359.04 ...... 7,359.04 Patricia McNerney: Belgium ...... Dollar ...... 257.00 ...... 257.00 Poland ...... Dollar ...... 299.00 ...... 299.00 Austria ...... Dollar ...... 392.00 ...... 392.00 Slovenia ...... Dollar ...... 215.00 ...... 215.00 Lithuania ...... Dollar ...... 234.00 ...... 234.00 Estonia ...... Dollar ...... 186.00 ...... 186.00 Latvia ...... Dollar ...... 514.00 ...... 514.00 United States ...... Dollar ...... 6,334.17 ...... 6,334.17 Lester Munson: Egypt ...... Dollar ...... 480.00 ...... 480.00 United Kingdom ...... Dollar ...... 180.00 ...... 180.00 United States ...... Dollar ...... 5,834.61 ...... 5,834.61 Danielle Pletka: Egypt ...... Dollar ...... 480.00 ...... 480.00 United Kingdon ...... Dollar ...... 180.00 ...... 180.00 United States ...... Dollar ...... 5,834.61 ...... 5,834.61 Robert S. Hyams: Japan ...... Dollar ...... 1,650.00 ...... 1,650.00 United Stats ...... Dollar ...... 6,298.57 ...... 6,298.57 Senator Christopher J. Dodd: Ireland ...... Dollar ...... 936.00 ...... 936.00 United States ...... Dollar ...... 5,143.05 ...... 5,143.05 Heather Flynn: Switzerland ...... Dollar ...... 894.00 ...... 894.00 United States ...... Dollar ...... 5,520.68 ...... 5,520.86 Senator Russell Feingold: Kenya ...... Dollar ...... 375.00 ...... 375.00 Tanzania ...... Dollar ...... 129.00 ...... 129.00 Mozambique ...... Dollar ...... 149.00 ...... 149.00 United States ...... Dollar ...... 8,516.42 ...... 8,515.42 Michelle Gavin: Kenya ...... Dollar ...... 369.00 ...... 359.00 Tanzania ...... Dollar ...... 127.00 ...... 127.00 Mozambique ...... Dollar ...... 144.00 ...... 144.00 United States ...... Dollar ...... 8,348.42 ...... 8,348.42 Robert Hyams: Switzerland ...... Dollar ...... 1,226.45 ...... 1,226.45 United States ...... Dollar ...... 5,014.91 ...... 5,014.91 Michael Haltzel: Russia ...... Dollar ...... 1,150.00 ...... 1,150.00 United States ...... Dollar ...... 4,734.00 ...... 4,734.00 Philip M. Griffin: Kenya ...... Dollar ...... 1,000.00 ...... 1,000.00 Sudan ...... Dollar ...... 250.00 ...... 250.00 Tanzania ...... Dollar ...... 450.00 ...... 450.00 United States ...... Dollar ...... 8,144.03 ...... 8,144.03 Susan Williams: Kenya ...... Dollar ...... 1,000.00 ...... 1,000.00 Sudan ...... Dollar ...... 350.00 ...... 350.00 Tanzania ...... Dollar ...... 450.00 ...... 450.00 United States ...... Dollar ...... 8,144.03 ...... 8,144.03 Kelly Siekman: Romania ...... Dollar ...... 120.00 ...... 120.00 Russia ...... Dollar ...... 417.00 ...... 417.00 United States ...... Dollar ...... 5,634.24 ...... 5,634.24 Michael Haltzel: Romania ...... Dollar ...... 265.00 ...... 265.00 Cyprus ...... Dollar ...... 507.00 ...... 507.00 United States ...... Dollar ...... 7,117.39 ...... 7,117.39 Senator Joseph R. Biden: United Kingdom ...... Dollar ...... 262.00 ...... 262.00 Pakistan ...... Dollar ...... 262.00 ...... 262.00 Afghanistan ...... Dollar ...... 712.00 ...... 712.00 Bahrain ...... Dollar ...... 196.00 ...... 196.00 United States ...... Dollar ...... 4,909.70 ...... 4,909.70 Jonah Blank: United Kingdom ...... Dollar ...... 262.00 ...... 262.00 Pakistan ...... Dollar ...... 262.00 ...... 262.00 Afghanistan ...... Dollar ...... 712.00 ...... 712.00 Bahrain ...... Dollar ...... 196.00 ...... 196.00 United States ...... Dollar ...... 3,710.70 ...... 3,710.70 Puneet Talwar: United Kingdom ...... Dollar ...... 262.00 ...... 262.00 Pakistan ...... Dollar ...... 262.00 ...... 262.00 Afghanustan ...... Dollar ...... 712.00 ...... 712.00 Bahrain ...... Dollar ...... 196.00 ...... 196.00 United States ...... Dollar ...... 3,710.70 ...... 3,710.70 Norman Kurz: United Kingdom ...... Dollar ...... 262.00 ...... 262,00 S8322 CONGRESSIONAL RECORD — SENATE September 5, 2002 AMENDMENT TO 1ST QUARTER 2002 CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b); COMMITTEE ON FOREIGN RELATIONS FOR TRAVEL FROM JAN. 1 TO MAR. 31, 2002—Continued

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Pakistan ...... Dollar ...... 262.00 ...... 262.00 Afghanistan ...... Dollar ...... 712.00 ...... 712.00 Bahrain ...... Dollar ...... 196.00 ...... 196.00 United States ...... Dollar ...... 3,710.70 ...... 3,710.70 Total ...... 35,977.45 ...... 148,373.44 ...... 184,350.89 JOSEPH R. BIDEN, JR., Chairman, Committee on Foreign Relations, May 2, 2002.

AMENDMENT TO 4TH QUARTER 2001 CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON FOREIGN RELATIONS FOR TRAVEL FROM OCT. 1 TO DEC. 31, 2001

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Kirsten Madison: Nicaragua ...... Dollar ...... 888.00 ...... 888.00 Frank Jannuzi: Korea ...... Dollar ...... 1,072.00 ...... 1,072.00 United States ...... Dollar ...... 3,275.70 ...... 3,275.70 Total ...... 1,960.00 ...... 3,275.70 ...... 5,235.70 JOSEPH R. BIDEN, JR., Chairman, Committee on Foreign Relations, May 2, 2002.

AMENDMENT TO 3RD QUARTER 2001 CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON FOREIGN RELATIONS FOR TRAVEL FROM JULY 1 TO SEPT. 30, 2001

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Senator Christopher Dodd: Haiti ...... Dollar ...... 125.00 ...... 125.00 Senator Chuck Hagel: Ukraine ...... Dollar ...... 624.00 ...... 624.00 Georgia ...... Dollar ...... 536.00 ...... 536.00 Greece ...... Dollar ...... 70.00 ...... 70.00 United States ...... Dollar ...... 5,143.14 ...... 5,143.14 Ian Brzezinski: Yugoslavia ...... Dollar ...... 582.00 ...... 582.00 Bulgaria ...... Dollar ...... 703.00 ...... 703.00 United States ...... Dollar ...... 5,339.77 ...... 5,339.77 Michael Coulter: Ukraine ...... Dollar ...... 624.00 ...... 624.00 Georgia ...... Dollar ...... 536.00 ...... 536.00 Greece ...... Dollar ...... 70.00 ...... 70.00 United States ...... Dollar ...... 5,143.14 ...... 5,143.14 James Doran: South Korea ...... Dollar ...... 518.00 ...... 518.00 Japan ...... Dollar ...... 950.00 ...... 950.00 United States ...... Dollar ...... 7,007.78 ...... 7,007.78 David Dorman: Ukraine ...... Dollar ...... 624.00 ...... 624.00 Georgia ...... Dollar ...... 536.00 ...... 536.00 Greece ...... Dollar ...... 70.00 ...... 70.00 United States ...... Dollar ...... 5,143.14 ...... 5,143.14 Robert Epplin: Greece ...... Dollar ...... 788.00 ...... 788.00 Cyprus ...... Dollar ...... 314.00 ...... 314.00 Turkey ...... Dollar ...... 536.00 ...... 536.00 United States ...... Dollar ...... 4,317.26 ...... 4,317.26 Debbie Fiddelke: Germany ...... Dollar ...... 650.00 ...... 650.00 United States ...... Dollar ...... 5,061.90 ...... 5061.90 Garrett Grigsby: Zimbabwe ...... Dollar ...... 1,300.00 ...... 1,300.00 South Africa ...... Dollar ...... 1,300.00 ...... 1,300.00 United States ...... Dollar ...... 7,822.98 ...... 7,822.98 Michael Haltzel: United Kingdom ...... Dollar ...... 2,428.00 ...... 72.50 ...... 2,500.50 United States ...... Dollar ...... 6,637.00 ...... 6,637.00 Mark Lagon: Italy ...... Dollar ...... 1,074.00 ...... 1,074.00 Switzerland ...... Dollar ...... 800.71 ...... 800.71 United States ...... Dollar ...... 6,114.68 ...... 6,114.68 Janice O’Connell: Haiti ...... Dollar ...... 76.00 ...... 76.00 Kelly Siekman: Yugoslavia ...... Dollar ...... 540.00 ...... 540.00 United States ...... Dollar ...... 5,339.77 ...... 5,339.77 Puneet Talwar: Lebanon ...... Dollar ...... 692.00 ...... 692.00 Egypt ...... Dollar ...... 669.00 ...... 669.00 Jordan ...... Dollar ...... 235.00 ...... 235.00 Israel ...... Dollar ...... 1,637.00 ...... 1,637.00 United Kingdom ...... Dollar ...... 1,002.00 ...... 1,002.00 United States ...... Dollar ...... 6,799.82 ...... 6,799.82 Michael Westphal: South Korea ...... Dollar ...... 518.00 ...... 518.00 Japan ...... Dollar ...... 950.00 ...... 950.00 United States ...... Dollar ...... 7,007.78 ...... 7,007.78 Zimbabwe ...... Dollar ...... 1,300.00 ...... 1,300.00 September 5, 2002 CONGRESSIONAL RECORD — SENATE S8323 AMENDMENT TO 3RD QUARTER 2001 CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON FOREIGN RELATIONS FOR TRAVEL FROM JULY 1 TO SEPT. 30, 2001—Continued

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

South Africa ...... Dollar ...... 1,300.00 ...... 1,300.00 United States ...... Dollar ...... 7,822.98 ...... 7,822.98 Susan Williams: Zimbabwe ...... Dollar ...... 1,300.00 ...... 1,300.00 South Africa ...... Dollar ...... 1,300.00 ...... 1.300.00 United States ...... Dollar ...... 7,822.98 ...... 7,822.98

Total ...... 27,277.71 ...... 92,596.62 ...... 119,874.33 JOSEPH R. BIDEN, JR., Chairman, Committee on Foreign Relations, Oct. 9, 2001.

AMENDMENT TO 2ND QUARTER 2001 CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON FOREIGN RELATIONS FOR TRAVEL FROM APR. 1 TO JUNE 30, 2001

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Senator Christopher Dodd: Ireland ...... Dollar ...... 933.00 ...... 933.00 United States ...... Dollar ...... 2,415.73 ...... 2,415.73 Ian Brzezinski: Slovakia ...... Dollar ...... 537.85 ...... 537.85 United States ...... Dollar ...... 5,374.33 ...... 5,374.33 Robert Epplin: Israel ...... Dollar ...... 724.00 ...... 724.00 United States ...... Dollar ...... 5,265.60 ...... 5,265.00 Edward Levine: Russia ...... Dollar ...... 1,522.65 ...... 1,522.65 United States ...... Dollar ...... 4,433.60 ...... 4,433.60 Puneet Talwar: Saudi Arabia ...... Dollar ...... 468.00 ...... 468.00 Syria ...... Dollar ...... 261.00 ...... 261.00 Turkey ...... Dollar ...... 451.00 ...... 451.00 United Kindom ...... Dollar ...... 702.00 ...... 702.00 United States ...... Dollar ...... 7,152.66 ...... 7,152.66

Total ...... 5,599.50 ...... 24,641.92 ...... 30,241.42 JOSEPH R. BIDEN, JR., Chairman, Committee on Foreign Relations, Oct. 9, 2001.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON GOVERNMENTAL AFFAIRS FOR TRAVEL FROM APR. 1 TO JUNE 30, 2002

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Senator Voinovich: United States ...... Dollar ...... 3,506.41 ...... 3,506.41 Macedonia ...... Dollar ...... 108.00 ...... 108.00 Slovenia ...... Dollar ...... 150.37 ...... 150.37 Belgium ...... Dollar ...... 156.00 ...... 156.00 Joni Crosley: United States ...... Dollar ...... 3,506.41 ...... 3,506.41 Macedonia ...... Dollar ...... 181.00 ...... 181.00 Slovenia ...... Dollar ...... 225.00 ...... 225.00 Belgium ...... Dollar ...... 190.00 ...... 190.00 Senator Thompson: Singapore ...... Dollar ...... 424.03 ...... 424.03 Howard Liebengood: Singapore ...... Dollar ...... 425.77 ...... 425.77

Total ...... 1,860.17 ...... 7,012.82 ...... 8,872.99 JOSEPH LIEBERMAN, Chairman, Committee on Governmental Affairs, July 1, 2002.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON JUDICIARY FOR TRAVEL FROM MAY 25 TO JUNE 2, 2002

Per diem Transportation Miscellaneous Total

Name and country Name of currency U.S. dollar U.S. dollar U.S. dollar U.S. dollar Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Sharon Waxman: Ireland ...... Dollar ...... 1,967.00 ...... 1,304.21 ...... 3,271.21

Total ...... 1,967.00 ...... 1,304.21 ...... 3,271.21 PATRICK LEAHY, Chairman, Committee on Judiciary, July 29, 2002. S8324 CONGRESSIONAL RECORD — SENATE September 5, 2002 CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON INTELLIGENCE FOR TRAVEL FROM APR. 1 TO JUNE 30, 2002

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Sen. Richard Lugar ...... 1,887.00 ...... 1,887.00 Dollar ...... 3,264.16 ...... 3,264.16 Kenneth Myers, Jr...... 2,197.00 ...... 2,197.00 Martin Morris ...... 1,970.00 ...... 1,970.00 Dollar ...... 3,264.16 ...... 3,264.16 Sen. Bob Graham ...... 1,740.00 ...... 1,740.00 Robert Filippone ...... 1,790.00 ...... 1,790.00 Sen. Barbara Mikulski ...... 1,651.00 ...... 1,651.00 Sen. Richard Shelby ...... 1,888.00 ...... 1,888.00 Dollar ...... 5,437.00 ...... 5,437.00 William Duhnke ...... 1,351.00 ...... 1,351.00 Dollar ...... 5,402.00 ...... 5,402.00 Total ...... 14,474.00 ...... 17,367.32 ...... 31,841.32 BOB GRAHAM, Chairman, Committee on Intelligence, July 29, 2002.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), JOINT ECONOMIC COMMITTEE FOR TRAVEL FROM MAY 3 TO MAY 6, 2002

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Stephen Thompson: United States ...... Dollar ...... 1,086.00 ...... 1,086.00 Total ...... 1,086.00 ...... 1,086.00 JIM SAXTON, Chairman, Joint Economic Committee, May 31, 2002.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), THE COMMISSION ON SECURITY AND COOPERATION IN EUROPE, FOR TRAVEL FROM APR. 1 TO JUNE 30, 2002

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Representative Alcee L. Hastings: United States ...... Dollar ...... 5,965.55 ...... 5,965.55 United Kingdom ...... Dollar ...... 294.00 ...... 294.00 Denmark ...... Dollar ...... 864.00 ...... 864.00 Janice L. Helwig: United States ...... Dollar ...... 4,500.00 ...... 4,500.00 Austria ...... Dollar ...... 17,775.00 ...... 17,775.00 Uzbekistan ...... Dollar ...... 939.50 ...... 2,199.63 ...... 3,139.13 Tajikistan ...... Dollar ...... 474.00 ...... 80.00 ...... 554.00 Ronald J. McNamara: United States ...... Dollar ...... 4,169.52 ...... 4,169.52 Czech Republic ...... Dollar ...... 749.50 ...... 749.50 Erika Schlager: United States ...... Dollar ...... 4,811.60 ...... 4,811.60 Poland ...... Dollar ...... 1,111.00 ...... 1,111.00 Total ...... 22,207.00 ...... 21,726.30 ...... 43,933.30 BEN NIGHTHORSE CAMPBELL, Chairman, the Commission on Security and Cooperation in Europe, July 31, 2002.

AMENDMENT TO 3RD QUARTER 2001 CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON FOREIGN RELATIONS FOR TRAVEL FROM JULY 1 TO SEPT. 30, 2001

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Senator Joseph R. Biden: Taiwan ...... Dollar ...... 273.00 ...... 273.00 China ...... Dollar ...... 417.00 ...... 417.00 Korea ...... Dollar ...... 109.00 ...... 109.00 Senator Paul Sarbanes: Taiwan ...... Dollar ...... 273.00 ...... 273.00 China ...... Dollar ...... 417.00 ...... 417.00 Korea ...... Dollar ...... 109.00 ...... 109.00 Margaret Aitken: Taiwan ...... Dollar ...... 273.00 ...... 273.00 China ...... Dollar ...... 417.00 ...... 417.00 Korea ...... Dollar ...... 109.00 ...... 109.00 Molly Buford: Taiwan ...... Dollar ...... 273.00 ...... 273.00 China ...... Dollar ...... 417.00 ...... 417.00 Korea ...... Dollar ...... 109.00 ...... 109.00 Mark T. Esper: Taiwan ...... Dollar ...... 273.00 ...... 273.00 China ...... Dollar ...... 417.00 ...... 417.00 Korea ...... Dollar ...... 109.00 ...... 109.00 Edwin K. Hall: Taiwan ...... Dollar ...... 273.00 ...... 273.00 China ...... Dollar ...... 417.00 ...... 417.00 September 5, 2002 CONGRESSIONAL RECORD — SENATE S8325 AMENDMENT TO 3RD QUARTER 2001 CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON FOREIGN RELATIONS FOR TRAVEL FROM JULY 1 TO SEPT. 30, 2001—Continued

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Korea ...... Dollar ...... 109.00 ...... 109.00 Frank Jannuzi: Taiwan ...... Dollar ...... 273.00 ...... 273.00 China ...... Dollar ...... 417.00 ...... 417.00 Korea ...... Dollar ...... 109.00 ...... 109.00 Peter Marudas: Taiwan ...... Dollar ...... 273.00 ...... 273.00 China ...... Dollar ...... 417.00 ...... 417.00 Korea ...... Dollar ...... 109.00 ...... 109.00 Delegation expenses 1 ...... 3,565.22 ...... 3,565.22 Total ...... 6,392.00 ...... 3,565.22 ...... 9,957.22 1 Delegation expenses include direct payments and reimbursements to the Department of State under authority act of the Mutual Security Act of 1954, as amended by Sec. 22 P.L. 95–384. JOE BIDEN, Chairman, Committee on Foreign Relations, Oct. 12, 2001.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), CONGRESSIONAL DELEGATION FOR TRAVEL FROM MAR. 22 TO APR. 8, 2002

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Senator Richard Shelby: Cyprus ...... Pound ...... 169.00 ...... 169.00 Uzbekistan ...... Dollar ...... 666.00 ...... 666.00 Pakistan ...... Dollar ...... 524.00 ...... 524.00 India ...... Rupee ...... 1,650.00 ...... 391.00 ...... 843.00 ...... 2,884.00 Syria ...... Dollar ...... 522.00 ...... 522.00 Turkey ...... Lira ...... 536.00 ...... 536.00 Switzerland ...... Franc ...... 284.00 ...... 284.00 Anne Caldwell: Cyprus ...... Pound ...... 169.00 ...... 169.00 Uzbekistan ...... Dollar ...... 666.00 ...... 666.00 Pakistan ...... Dollar ...... 524.00 ...... 524.00 India ...... Rupee ...... 1,650.00 ...... 1,650.00 Syria ...... Dollar ...... 522.00 ...... 522.00 Turkey ...... Lira ...... 536.00 ...... 536.00 Switzerland ...... Franc ...... 284.00 ...... 284.00 Christopher Ford: Cyprus ...... Pound ...... 169.00 ...... 169.00 Uzbekistan ...... Dollar ...... 666.00 ...... 666.00 Pakistan ...... Dollar ...... 524.00 ...... 524.00 India ...... Rupee ...... 1,217.00 ...... 1,217.00 Syria ...... Dollar ...... 522.00 ...... 522.00 Turkey ...... Lira ...... 536.00 ...... 536.00 Total ...... 21,322.00 ...... 391.00 ...... 843.00 ...... 22,556.00 TOM DASCHLE, Majority Leader, July 8, 2002 TRENT LOTT, h Republican Leader, July 8, 2002.

PRIVILEGES OF THE FLOOR dicial nomination and the Senate re- in relation to the amendment; that if a Mr. REID. Mr. President, I ask unan- suming legislative session, the Senate Budget Act point of order is raised and imous consent that Susan Barnidge, a then resume consideration of H.R. 5005, a motion to waive is successful, or if a fellow with Senator CARNAHAN’s office, the homeland defense legislation; that tabling motion is made and is unsuc- be granted privileges of the floor for there be general debate until 2 p.m., at cessful, without further intervening ac- which time Senator THOMPSON will be today and for the duration of the de- tion or debate, the Senate then vote bate on H.R. 5005, the homeland secu- recognized to offer an amendment to strike titles II and III of the Lieberman immediately on the amendment; that rity bill. upon disposition of the amendment, The PRESIDING OFFICER. Without substitute amendment; that the next objection, it is so ordered. first-degree amendment, upon disposi- the motion to reconsider be laid upon Mr. LIEBERMAN. Mr. President, I tion of the Thompson amendment, be the table; that upon entering of this ask unanimous consent that John an amendment to be offered by Senator agreement, the cloture motion with re- Wanat and Thomas Holloman, congres- BYRD regarding the orderly transition spect to the Daschle amendment be vi- sional fellows in the Congressional Af- of agencies. tiated. The PRESIDING OFFICER. Without fairs Committee, and Michelle The PRESIDING OFFICER. Without McMurry and Yul Kwon, fellows in my objection, it is so ordered. objection, it is so ordered. personal office, be granted floor privi- f leges during the debate on H.R. 5005. UNANIMOUS CONSENT f The PRESIDING OFFICER. Without AGREEMENT—H.R. 5093 objection, it is so ordered. Mr. REID. Mr. President, I ask unan- REMOVAL OF INJUNCTION OF SE- Mr. REID. Mr. President, are we in imous consent that on Tuesday, Sep- CRECY—TREATY DOCUMENT NO. morning business? tember 10, when the Senate resumes The PRESIDING OFFICER. The Sen- 107–16 consideration of H.R. 5093, the Interior ator is correct. Appropriations bill, there be 60 min- f Mr. REID. As in executive session, I utes remaining for debate with respect ask unanimous consent that the in- UNANIMOUS CONSENT to the Daschle amendment No. 4481, AGREEMENT—H.R. 5005 junction of secrecy be removed from with the time equally divided and con- the following treaty transmitted to the Mr. REID. Mr. President, I ask unan- trolled between the two leaders or Senate on September 5, 2002, by the imous consent that on Monday, Sep- their designees; that upon the use or tember 9, following the vote on the ju- yielding back of time, the Senate vote President of the United States: S8326 CONGRESSIONAL RECORD — SENATE September 5, 2002 Treaty with Liechtenstein on Mutual dent be notified of the Senate’s action, On a division vote, two-thirds of the Legal Assistance in Criminal Matters and any statements thereon be printed Senators present having voted in the (Treaty Document No. 107–16). at the appropriate place in the RECORD affirmative, the resolution of ratifica- I further ask that the treaty be con- as if given, without intervening action tion is agreed to. sidered as having been read the first or debate. The resolution of ratification reads time; that it be referred, with accom- The PRESIDING OFFICER. Without as follows: panying papers, to the Committee on objection, it is so ordered. TREATY DOC. 105–32—SOUTH PACIFIC Foreign Relations and ordered to be f ENVIRONMENT PROGRAMME AGREEMENT printed, and that the President’s mes- PROTOCOL AMENDING THE 1949 Resolved (two-thirds of the Senators present sage be printed in the RECORD. concurring therein), CONVENTION INTER-AMERICAN The PRESIDING OFFICER. Without Section 1. Advice and Consent to Ratifica- objection, it is so ordered. TROPICAL TUNA COMMISSION— tion of the Agreement Establishing the The message of the President is as TREATY DOCUMENT NO. 107–2 South Pacific Regional Environment Pro- follows: Mr. REID. Mr. President, I ask unan- gramme, subject to a Declaration. To the Senate of the United States: imous consent that the Senate consider The Senate advises and consents to the Executive Calendar No. 6, Protocol ratification of the Agreement Establishing With a view to receiving the advice the South Pacific Regional Environment Amending the 1949 Convention of Inter- and consent of the Senate to ratifica- Programme, done at Apia on June 16, 1993 American Tropical Tuna Commission; tion, I transmit herewith the Treaty (Treaty Doc. 105–32), subject to the declara- that the protocol be advanced through Between the Government of the United tion in Section 2. its parliamentary stages, up to and in- Section 2. Declaration. States of America and the Principality cluding the presentation of the resolu- The advice and consent of the Senate is of Liechtenstein on Mutual Legal As- tion of ratification; and that the Sen- subject to the declaration that the ‘‘no res- sistance in Criminal Matters, signed at ate now vote on the resolution of rati- ervations’’ provision in Article 10 of the Vaduz on July 8, 2002. I transmit also, fication. Agreement has the effect of inhibiting the for the information of the Senate, the Senate in its exercise of its constitutional The PRESIDING OFFICER. Without report of the Department of State with duty to give advice and consent to ratifica- objection, it is so ordered. tion of a treaty, and that the Senate’s ap- respect to the Treaty. The question is on agreeing to the The Treaty is one of a series of mod- proval of the Agreement should not be con- resolution of ratification. Senators in ern mutual legal assistance treaties strued as a precedent for acquiescence to fu- favor of the resolution of ratification ture treaties containing such provisions. being negotiated by the United States will rise and stand until counted. in order to counter criminal activities Mr. REID. Mr. President, I ask unan- (After a pause.) Those opposed will rise more effectively. The Treaty should be imous consent that any statements re- and stand until counted. an effective tool to assist in the pros- lating to the agreement be printed in On a division vote, two-thirds of the the RECORD. ecution of a wide variety of crimes, in- Senators present having voted in the cluding terrorism, drug trafficking, The PRESIDING OFFICER. Without affirmative, the resolution of ratifica- objection, it is so ordered. and fraud and other white-collar of- tion is agreed to. fenses. The Treaty is self-executing. The resolution of ratification reads f The Treaty provides for a broad as follows: range of cooperation in criminal mat- 1990 PROTOCOL TO THE 1983 MARI- ters. Mutual assistance available under TREATY 107–2 PROTOCOL AMENDING 1949 CONVEN- TIME ENVIRONMENT OF THE TION OF INTER-AMERICAN TROPICAL TUNA WIDER CARIBBEAN REGION CON- the Treaty includes: locating or identi- COMMISSION fying persons or items; serving docu- VENTION—TREATY DOCUMENT Resolved (two-thirds of the Senators present NO. 103–5 ments; taking the testimony or state- concurring therein). That the Senate advise ments of persons; transferring persons and consent to the ratification of the Pro- Mr. REID. Mr. President, I ask unan- in custody for testimony or other pur- tocol to Amend the 1949 Convention on the imous consent that the Senate consider poses; providing documents, records establishment of an Inter-American Tropical Executive Calendar No. 8, the 1990 Pro- and items; executing requests for Tuna Commission, done at Guayaquil, June tocol to the 1983 Maritime and Envi- searches and seizures; assisting in pro- 11, 1999, and signed by the United States, ronment of the Wider Caribbean Region ceedings related to immobilization and subject to ratification, in Guayaquil, Ecua- Convention; that the convention be ad- dor, on the same date (Treaty Doc. 107–2). forfeiture of assets and restitution; ini- vanced through its parliamentary tiating criminal proceedings in the Re- Mr. REID. Mr. President, I ask unan- stages, up to and including the presen- quested State; and any other form of imous consent that any statements re- tation of the resolution of ratification; assistance consistent with the purposes lating to this protocol be printed in the that the reservations, understandings, of this Treaty and not prohibited by RECORD. and declarations be agreed to; and that the laws of the State from whom the The PRESIDING OFFICER. Without the Senate now vote on the resolution assistance is requested. objection, it is so ordered. of ratification. I recommend that the Senate give f The PRESIDING OFFICER. Without early and favorable consideration to SOUTH PACIFIC ENVIRONMENT objection, it is so ordered. the Treaty, and give its advice and con- PROGRAMME AGREEMENT— The question is on agreeing to the sent to ratification. TREATY DOCUMENT NO. 105–32 resolution of ratification. GEORGE W. BUSH. Senators in favor of the resolution of Mr. REID. Mr. President, I ask unan- THE WHITE HOUSE, September 5, 2002. ratification will rise and stand until imous consent that the Senate consider counted. (After a pause.) Those opposed f Executive Calendar No. 7, the South will rise and stand until counted. EXECUTIVE SESSION Pacific Environment Programme On a division vote, two-thirds of the Agreement; that the agreement be ad- Senators present having voted in the vanced through its parliamentary affirmative, the resolution of ratifica- NOMINATION OF PAMELA F. stages, up to and including the presen- tion is agreed to. OLSON, OF VIRGINIA, TO BE AN tation of the resolution of ratification; The resolution of ratification reads ASSISTANT SECRETARY OF THE and that the Senate now vote on the as follows: TREASURY resolution of ratification. Mr. REID. Mr. President, I ask that The PRESIDING OFFICER. Without 1990 PROTOCOL TO THE 1983 MARITIME ENVIRON- MENT OF THE WIDER CARIBBEAN REGION CON- the Senate proceed to executive session objection, it is so ordered. VENTION—TREATY DOC. 103–5 to consider the following nomination: The question is on agreeing to the Calendar No. 1000, Pamela Olson, of resolution of ratification. Resolved (two-thirds of the Senators present concurring therein), Virginia, to be an Assistant Secretary Senators in favor of the resolution of Section 1. Advice and Consent to Ratifica- of the Treasury; that the nomination ratification will rise and stand until tion of the Protocol Concerning Specially be confirmed, the motion to reconsider counted. (After a pause.) Those opposed Protected Areas and Wildlife to the Conven- be laid upon the table; that the Presi- will rise and stand until counted. tion for the Protection and Development of September 5, 2002 CONGRESSIONAL RECORD — SENATE S8327 the Marine Environment of the Wider Carib- Mr. REID. Mr. President, I ask unan- nection with the discovery process in bean Region, subject to Reservations, an Un- imous consent that any statements re- this matter, the resolution authorizes derstanding, and a Declaration. lating to this protocol be printed in the the Senate Legal Counsel to appear in The Senate advises and consents to the ratification of the Protocol Concerning Spe- RECORD. this litigation as an amicus curiae in cially Protected Areas and Wildlife to the The PRESIDING OFFICER. Without the name of the Senate to assist in the Convention for the Protection and Develop- objection, it is so ordered. presentation of views, to the parties, ment of the Marine Environment of the f and, if necessary, the court, of the ap- Wider Caribbean Region, including Annexes, plicability of the principles of legisla- LEGISLATIVE SESSION done at Kingston on January 18, 1990 (Treaty tive privilege to discovery issues aris- Doc. 103–5), subject to the reservations in The PRESIDING OFFICER. The Sen- ing in this litigation. section 2, the understanding in Section 3, ate will now return to legislative ses- Mr. REID. Mr. President, I ask unan- and the declaration in Section 4. sion. Section 2. Reservations. imous consent that the resolution and The advice and consent of the Senate f the preamble be agreed to; that the under section 1 is subject to the following AUTHORIZING TESTIMONY AND motion to reconsider be laid upon the reservations, which shall be included in the REPRESENTATION table; and that a statement by the ma- instrument of ratification. jority leader be printed in the RECORD. (1) The United States of America does not Mr. REID. Mr. President, I ask unan- consider itself bound by Article 11(1) of the imous consent that the Senate proceed The PRESIDING OFFICER. Without Protocol to the extent that United States to S. Res. 323, submitted earlier today objection, it is so ordered. law permits the limited taking of flora and by the two leaders. The resolution (S. Res. 323) was fauna listed in Annexes I and II— The PRESIDING OFFICER. The agreed to. (A) which is incidental, or (B) for the purpose of public display, sci- clerk will report the resolution by The preamble was agreed to. entific research, photography for edu- title. The resolution, with its preamble, cational or commercial purposes, or rescue The legislative clerk read as follows: reads as follows: and rehabilitation. To authorize testimony and representation (2) The United States has long supported in Senator MITCH MCCONNELL, et al, v. Fed- S. RES 323 environmental impact assessment proce- eral Election Commission, et al., and con- Whereas, in the case of Senator Mitch dures, and has actively sought to promote solidated cases. McConnell, et al. v. Federal Election Com- the adoption of such procedures throughout There being no objection, the Senate mission, et al., No. 02–CV–582, and consoli- the world. U.S. law and policy require envi- dated cases, pending in the United States ronmental impact assessments for major proceeded to consider the resolution. Mr. DASCHLE. Mr. President, the District Court for the District of Columbia, Federal actions significantly affecting the notices for the taking of depositions have quality of the human environment. Accord- U.S. District Court in the District of been served on Senator Mitch McConnell, ingly, although the United States expects Columbia has consolidated for adju- who is a plaintiff, and Senators Olympia that it will, for the most part, be in compli- dication a number of challenges pend- Snowe, James Jeffords, John McCain, and ance with Article 13, the United States does ing before it to the constitutionality of Russell Feingold, who are intervenor-defend- not accept an obligation under Article 13 of the Bipartisan Campaign Reform Act ants; the Protocol to the extent that the obliga- tions contained therein differ from the obli- of 2002, which Congress enacted into Whereas, pursuant to sections 703(c) and gations of Article 12 of the Convention for law this spring. 706(a) of the Ethics in Government Act of the Protection and Development of the Ma- These challenges include the lead 1978, 2 U.S.C. §§ 288b(c) and 288e(a), the Sen- rine Environment of the Wider Caribbean case, which was filed by our colleague, ate may direct its counsel to appear as ami- cus curiae in the name of the Senate in any Region. Senator MCCONNELL. Four of our other (3) The United States does not consider the legal proceeding in which the powers and re- colleagues who played major roles in sponsibilities of Congress under the Con- Protocol to apply to six species of fauna and the passage of this landmark law, Sen- flora that do not require the protection pro- stitution are placed in issue; ators MCCAIN, FEINGOLD, SNOWE, and vided by the Protocol in U.S. territory. Whereas, by the privileges of the Senate of These species are the Alabama, Florida and JEFFORDS, have intervened to join in the United States and Rule XI of the Stand- Georgia populations of least term (Sterna defending the act. Recognizing the sig- ing Rules of the Senate, no evidence under antillarum), the Audubon’s shearwater nificant constitutional issues presented the control or in the possession of the Senate (Puffinus lherminieri), the Mississippi, Lou- by the passage of this landmark legis- may, by the judicial or administrative proc- isiana and Texas population of the wood lation, the Senate acted to ensure that ess, be taken from such control or possession stork (Mycteria americana) and the Florida Senators on both sides of the constitu- but by permission of the Senate; and Alabama populations of the brown peli- tional questions would be able to Whereas, by Rule VI of the Standing Rules can (Pelicanus occidentalis), which are listed present their views in court. of the Senate, no Senator shall absent him- on Annex II, as well as the fulvous whistling Since these lawsuits were filed short- self from the service of the Senate without duck (Dendrocygna bicolor), and the popu- leave; and ly after the law was signed, there have lations of widgeon or ditch grass (Rupia Whereas, when it appears that evidence maritima) located in the continental United been comprehensive pretrial pro- under the control or in the possession of the States, which are listed on Annex III. ceedings under the supervision of the Senate may promote the administration of Section 3. Understanding. three-judge court that is handling this justice, the Senate will take such action as The advice and consent of the Senate case. The court is aiming to decide this will promote the ends of justice consistent under section 1 is subject to the following case as soon as possible after the law with the privileges of the Senate: Now, understanding, which shall be included in therefore, be it the instrument of ratification: takes effect after the mid-term elec- The United States understands that the tions in November, and in time for the Resolved, That, in the case of Senator Protocol does not apply to non-native spe- Supreme Court to hear the inevitable Mitch McConnell, et al. v. Federal Election cies, defined as species found outside of their appeal in its forthcoming term. Commission, et al., and consolidated cases, natural geographic distribution, as a result As part of the proceedings in the dis- Senators Mitch McConnell, Olympia Snowe, James Jeffords, John McCain, and Russell of deliberate or incidental human interven- covery phase of the case, the Members tion. Therefore, in the United States, certain Feingold, and any other Senator who agrees who are participating on either side of to participate in this litigation, are author- exotic species, such as the muscovy duck the controversy have each been asked (Carina moschata) and the common iguana ized to testify, except concerning matters for (Iguana iguana), are not covered by the obli- to give deposition testimony. Accord- which a privilege should be asserted and gations of the Protocol. ingly, at the Members’ joint request, when their attendance at the Senate is nec- Section 4. Declaration. the enclosed resolution would author- essary for the performance of their legisla- The advice and consent of the Senate ize them to provide testimony in these tive duties. under section 1 is subject to the following cases, except, in keeping with Senate SEC. 2. That the Senate Legal Counsel is declaration: practice, when a privilege should be as- authorized to appear as amicus curiae in the Existing federal legislation provides suffi- serted under the speech or debate name of the Senate in the case of Senator cient legal authority to implement United Mitch McConnell, et al. v. Federal Election States obligations under the Protocol. Ac- clause or when their presence is re- Commission, et al., and consolidated cases, cordingly, no new legislation is necessary in quired on the Senate floor. to represent the interests of the Senate in order for the United States to implement the Finally, in order to ensure that the connection with discovery sought from Sen- Protocol. Senate’s interests are protected in con- ators in these cases. S8328 CONGRESSIONAL RECORD — SENATE September 5, 2002 ORDER FOR FOREIGN RELATIONS cause on three or four occasions he The PRESIDING OFFICER. Without COMMITTEE TO REPORT called his wife, Deena. He spoke with objection, it is so ordered. Mr. REID. I ask unanimous consent her on a cell phone and communicated The bill (H.R. 3287) was read the third that the Foreign Relations Committee his intention and the intention of other time and passed. Mr. DASCHLE. Mr. President, I am be authorized to report an executive passengers to intervene and wrest con- pleased the Senate has passed H.R. treaty on Friday, September 6, 2002, trol of the plane from the hijackers 3287/S. 2907, a bill to rename the Brent- from 10 a.m. to 11 a.m., notwith- who had commandeered that plane. wood postal facility after Joseph P. standing the adjournment of the Sen- It was an act of enormous courage. It Curseen, Jr. and Thomas L. Morris, Jr. ate. saved hundreds, perhaps thousands of I can think of nothing more appro- The PRESIDING OFFICER. Without lives, most likely in our Nation’s Cap- priate to honor the memory and tire- objection, it is so ordered. itol. Tragically, it cost Mr. Burnett and the other passengers on that flight less service of these two men. Our ac- f their lives. All of us in this body owe a tion today clears the way for the Presi- JOHN F. KENNEDY CENTER PLAZA debt of unspeakable gratitude to those dent to sign the bill into law. I espe- AUTHORIZATION ACT OF 2002 incredibly courageous men and women. cially recognize Celeste Curseen and Mr. REID. I ask unanimous consent I had occasion to visit Mr. and Mrs. Mary Morris. While nothing can erase that the Senate proceed to the consid- Thomas Burnett, Sr., the parents of the suffering of the Morris and Curseen eration of H.R. 5012, just received from Mr. Burnett, in Minnesota to express families, I hope that the building will the House and which is now at the our gratitude and share briefly the stand as a permanent reminder of the desk. enormous grief they bear, as well as ultimate sacrifice made by Thomas The PRESIDING OFFICER. The the grief of Mr. Burnett’s wife and Morris and Joseph Curseen. clerk will report the bill by title. three children, which they will carry It has been said that ‘‘neither snow The legislative clerk read as follows: for the rest of their lives. nor rain nor heat nor gloom of night In a few minutes, we will pass this stays these couriers from the swift A bill (H.R. 5012) to amend the John F. Kennedy Center Act to authorize the Sec- act to name the post office in Mr. Bur- completion of their appointed rounds.’’ retary of Transportation to carry out a nett’s honor. Again, I thank Senator On October 15, 2001, that list was ex- project for construction of a plaza adjacent WELLSTONE, my senior colleague, for panded when an anthrax-tainted letter to the John F. Kennedy Center for the Per- his thoughtful initiative in this regard, was opened in my office. We later forming Arts, and for other purposes. and I thank the Members of the Senate learned that its spread was far greater There being no objection, the Sen- who I anticipate will vote in support of than first expected. A second letter ad- ator proceeded to consider the bill. this measure. It is such a small meas- dressed to the Senator from Vermont, Mr. REID. I ask unanimous consent ure of our eternal gratitude to this Mr. LEAHY, was discovered weeks later. that the bill be read three times, brave man. May he rest forever in The Hart Senate Office Building was passed, the motion to reconsider be peace and in the annals of the great he- closed for more than three months. It laid upon the table; that any state- roes of this country. took nearly six months to remediate ments relating thereto be printed in I yield the floor. and renovate my own office in that the RECORD, with no intervening action The bill (H.R. 5207) was read the third building. In the end, nearly a dozen or debate. time and passed. people nationwide contracted inhala- The PRESIDING OFFICER. Without Mr. DAYTON. Mr. President, I move tion anthrax, and five people, including objection, it is so ordered. to reconsider the vote, and to lay that Thomas Morris and Joseph Curseen, The bill (H.R. 5012) was read the third motion on the table. died as a result of this senseless act of The motion to lay on the table was time and passed. bioterrorism. agreed to. f Today, nearly a year later, the (Mr. DAYTON assumed the Chair.) Brentwood facility where the letter THOMAS E. BURNETT, JR. POST f was processed remains closed, with OFFICE BUILDING JOSEPH CURSEEN, JR. AND THOM- plans underway for a complete remedi- Mr. REID. Mr. President, I ask unan- AS MORRIS, JR. PROCESSING ation and reopening of that building. imous consent that the Senate proceed AND DISTRIBUTION CENTER Never again can anyone take the deliv- to the consideration of H.R. 5207, just Mr. REID. I ask unanimous consent ery of their mail for granted. received from the House and which is that the Senate proceed to H.R. 3287, My staff and I feel a special kinship now at the desk. recently received from the House, and with the postal workers and others af- The PRESIDING OFFICER. The now at our desk. fected by these attacks. While the un- clerk will report the bill by title. The PRESIDING OFFICER. The certainty and horror of October 15—the The legislative clerk read as follows: clerk will report the bill by title. day the letter addressed to me was A bill (H.R. 5207) to designate the facility The legislative clerk read as follows: opened in my office—and the ensuing of the United States Postal Service located A bill (H.R. 3287) to redesignate the months were very real for us, the suf- at 6101 West Old Shakopee Road in Bloom- facility of the United States Postal fering of those struck by the disease ington, Minnesota, as the ‘‘Thomas E. Bur- Service located at 900 Brentwood Road, was even greater. We can only imagine nett, Jr. Post Office Building’’. NE, in Washington, DC, as the ‘‘Joseph the pain experienced by Thomas Mor- There being no objection, the Senate Curseen, Jr. and Thomas Morris, Jr. ris, Joseph Curseen, and their families, proceeded to consider the bill. Processing and Distribution Center.’’ pain shared by the families of Robert The PRESIDING OFFICER (Mr. There being no objection, the Senate Stevens, Kathy Thi Nguyen, and REID). The Senator from Minnesota. proceeded to the immediate consider- Ottilie Lundgren, who also lost their Mr. DAYTON. Mr. President, I join ation of the bill. lives as a result of this terrorist act. with my colleague, the senior Senator Mr. REID. These two individuals Fortunately, LeRoy Richmond, Norma from Minnesota, Mr. WELLSTONE, who were killed by anthrax. They worked at Wallace, ‘‘George Fairfax,’’ David Hose, has introduced this legislation to the post office on Brentwood Road, and Ernesto Blanco survived their bat- honor Thomas E. Burnett, Jr., a true northeast Washington. Their fellow tles with inhalation anthrax, but we hero who gave his life on September 11 employees felt it was appropriate to know how terrifying their experience on the flight that was returning to name this facility, when it reopens, must have been and that they continue Washington to cause enormous de- after them. It is very appropriate that to suffer the physical and emotional struction to either this building per- it be done. after-effects. Still others—including haps or the White House. No one will Mr. REID. I ask unanimous consent three postal workers—dealt with the ever know for sure. What we do know is the bill be read the third time and fear and pain associated with the cuta- the plane was prevented from its in- passed, the motion to reconsider be neous form of the disease. tended destructive course by the her- laid upon the table, and any state- Postal workers are some of America’s oism of Mr. Burnett and others who ments be printed in the RECORD with- quiet heroes. They are on the front were on that flight. We know that be- out intervening action or debate. lines of the war on terrorism here at September 5, 2002 CONGRESSIONAL RECORD — SENATE S8329 home—keeping Americans safe and band, cancer survivor, and advocate have MERCURY REDUCTION ACT OF 2002 keeping all of us connected through the made him an American hero: Now, therefore, be it Mr. REID. Mr. President, I ask unan- U.S. mail. Ask many of them, and they imous consent the Senate now proceed will probably say they are just ‘‘doing Resolved, That the Senate— (1) congratulates Lance Armstrong and his to the consideration of Calendar No. their job.’’ But we know it is more than team on his historic victory of the 2002 Tour 553, S. 351. that, and today we recognize their hard de France; The PRESIDING OFFICER. The work and diligence by honoring two of (2) commends the unwavering commitment clerk will report the bill by title. their fallen comrades. The Joseph to cancer awareness and survivorship dem- The legislative clerk read as follows: Curseen, Jr. and Thomas Morris, Jr. onstrated by Lance Armstrong; and A bill (S. 351) to amend the Solid Waste Processing and Distribution Center (3) directs the Secretary of the Senate to Disposal Act to reduce the quantity of mer- will forever stand as a memorial to transmit an enrolled copy of this resolution cury in the environment by limiting the use their sacrifice in the line of duty. to Lance Armstrong. of mercury fever thermometers and improv- ing collection, recycling, and disposal of f f mercury, and for other purposes. CONGRATULATING LANCE There being no objection, the Senate ARMSTRONG ORDERS FOR MONDAY, SEPTEMBER 9, 2002 proceeded to consider the bill, which Mr. REID. I ask unanimous consent had been reported from the Committee that the Judiciary Committee be dis- Mr. REID. I ask unanimous consent on Environment and Public Works with charged from further consideration of that when the Senate completes its an amendment to strike all after the S. Res. 315, and the Senate then pro- business today, it adjourn until the enacting clause and insert in lieu ceed to its consideration. hour of 12 noon, Monday, September 9; thereof the following: The PRESIDING OFFICER. The that following the prayer and pledge, [Strike the part printed in black clerk will report the resolution by the Journal of proceedings be approved brackets and insert in lieu thereof the title. to date, the morning hour be deemed part printed in italic.] The legislative clerk read as follows: expired, the time for the two leaders be Be it enacted by the Senate and House of Rep- The resolution (S. Res. 315) congratulating reserved for their use later in the day, resentatives of the United States of America in Lance Armstrong for winning the 2002 Tour and there be a period of morning busi- Congress assembled, de France. ness until 1 p.m., with Senators per- øSECTION 1. SHORT TITLE. ø There being no objection, the Senate mitted to speak for up to 10 minutes This Act may be cited as the ‘‘Mercury each, with the first half under the con- Reduction and Disposal Act of 2001’’. proceeded to the immediate consider- ø trol of the majority leader or his des- SEC. 2. FINDINGS. ation. øCongress finds that— Mr. REID. I ask consent that the res- ignee, and the second half under the ø(1) mercury is a persistent and toxic pol- olution and preamble be agreed to, the control of the Republican leader or his lutant that bioaccumulates in the environ- motion to reconsider be laid upon the designee; that at 1 p.m. we proceed to ment; table, and any statements regarding executive session and vote on Execu- ø(2) according to recent studies, mercury this matter be printed in the RECORD. tive Calendar No. 889; that any state- deposition is a significant public health The PRESIDING OFFICER. Without ments thereon appear at the appro- threat in many States throughout the objection, it is so ordered. priate place in the RECORD, and the United States; ø The resolution (S. Res. 315) was President be adequately notified of the (3) 40 States have issued fish advisories that warn certain individuals to restrict or agreed to. Senate’s action; and the Senate return avoid consuming mercury-contaminated fish The preamble was agreed to. to legislative session and resume con- from affected bodies of water; The resolution, with its preamble, sideration of the Homeland Security ø(4) according to a report by the National reads as follows: Act, with no intervening action or de- Academy of Sciences, over 60,000 children are S. RES. 315 bate. born each year in the United States at risk Whereas Lance Armstrong completed the The PRESIDING OFFICER. Without for adverse neurodevelopmental effects due 2,036-mile, 20-day course in 82 hours, 5 min- objection, it is so ordered. to exposure to methyl mercury in utero; ø utes, and 12 seconds to win the 2002 Tour de Mr. REID. I ask unanimous consent (5) studies have documented that exposure to elevated levels of mercury in the environ- France, 7 minutes and 17 seconds ahead of that it be in order to ask for the yeas his nearest competitor; ment results in serious harm to species of and nays on the nomination. wildlife that consume fish; Whereas Lance Armstrong’s win on July The PRESIDING OFFICER. Without 28, 2002, in Paris, marks his fourth successive ø(6) combustion of municipal and other victory of the Tour de France, a feat sur- objection, it is so ordered. solid waste is a major source of mercury passing all cycling records previously at- Mr. REID. I ask for the yeas and emissions in the United States; tained by an American cyclist; nays. ø(7) according to the Mercury Study Re- Whereas Lance Armstrong displayed in- The PRESIDING OFFICER. Is there a port, prepared by the Environmental Protec- credible perseverance, determination, and sufficient second? tion Agency and submitted to Congress in leadership to prevail over the mountainous 1997, mercury fever thermometers contribute There is a sufficient. approximately 17 tons of mercury to solid terrain of the Alps and Pyrenees, vast The yeas and nays are ordered. stretches of countryside, and numerous city waste each year; ø(8) the Governors of the New England streets during the course of the premier cy- f cling event in the world; States have endorsed a regional goal of ‘‘the virtual elimination of the discharge of an- Whereas Lance Armstrong is the first can- PROGRAM cer survivor to win the Tour de France; thropogenic mercury into the environment’’; Whereas in 1997, Lance Armstrong defeated Mr. REID. The next rollcall vote will ø(9) mercury fever thermometers are easily choriocarcinoma, an aggressive form of tes- be on the nomination of Kenneth broken, creating a potential risk of dan- gerous exposure to mercury vapor in indoor ticular cancer that had spread throughout Marra of Florida to be a U.S. district his abdomen, lungs, and brain, and after air and risking mercury contamination of judge for the Southern District of Flor- the environment; and treatment has remained cancer-free for the ida, at approximately 1 p.m. on Mon- past 5 years; ø(10) according to the Environmental Pro- Whereas Lance Armstrong’s bravery and day. tection Agency, the quantity of mercury in 1 resolution to overcome cancer has made him Mr. REID. I suggest the absence of a mercury fever thermometer, approximately 1 a role model to cancer patients and their quorum. gram, is enough to contaminate all fish in a loved ones, and his efforts through the Lance The PRESIDING OFFICER. The lake with a surface area of 20 acres. Armstrong Foundation have helped to ad- clerk will call the roll. øSEC. 3. MERCURY. vance cancer research, diagnosis, and treat- The legislative clerk proceeded to ø(a) IN GENERAL.—Subtitle C of the Solid ment, and after-treatment services; call the roll. Waste Disposal Act (42 U.S.C. 6921 et seq.) is amended by adding at the end the following: Whereas Lance Armstrong has been vital Mr. REID. I ask unanimous consent to the promotion of cycling as a sport, a ø‘‘SEC. 3024. MERCURY. healthy fitness activity, and a pollution-free the order for the quorum call be re- ø‘‘(a) PROHIBITION ON SALE OF MERCURY transportation alternative; and scinded. FEVER THERMOMETERS EXCEPT BY PRESCRIP- Whereas Lance Armstrong’s accomplish- The PRESIDING OFFICER. Without TION.—Effective beginning 180 days after the ments as an athlete, teammate, father, hus- objection, it is so ordered. date of enactment of this section— S8330 CONGRESSIONAL RECORD — SENATE September 5, 2002

ø‘‘(1) a person shall not sell or supply mer- needed, such as from retired chlor-alkali ø‘‘(ii) SOURCE.—The staff and funding shall cury fever thermometers to consumers, ex- plants; be provided by and drawn equally from the cept by prescription; and ø‘‘(iii) programs to test the long-term du- resources of— ø‘‘(2) with each mercury fever thermom- rability of promising technologies for se- ø‘‘(I) the Department of Energy; eter sold or supplied by prescription, the questration of mercury that has been retired ø‘‘(II) the Department of Defense; and manufacturer of the thermometer shall pro- from use; ø‘‘(III) the Environmental Protection vide clear instructions on— ø‘‘(iv) storage of mercury collected or se- Agency. ø‘‘(A) careful handling of the thermometer questered under clause (i), (ii), or (iii) in a ø‘‘(iii) APPOINTMENT OF STAFF.—The Chair- to avoid breakage; and manner that ensures that there is no release person may, without regard to the civil serv- ø ‘‘(B) proper cleanup of the thermometer of the mercury into the environment; ice laws (including regulations), appoint and and its contents in the event of breakage. ø‘‘(v) reduction of the total threat posed by terminate such staff as are necessary to en- ø‘‘(b) THERMOMETER EXCHANGE PROGRAM.— mercury to humans and the environment; able the Task Force to perform the duties of The Administrator shall make grants to and the Task Force. States, municipalities, nonprofit organiza- ø ø‘‘(vi) reduction of the total quantity of ‘‘(iv) COMPENSATION.— tions, or other suitable entities for imple- ø‘‘(I) IN GENERAL.—Except as provided in mentation of a national program for the col- mercury produced, used, and released on a global basis, including whether and how— subclause (II), the Chairperson may fix the lection of mercury fever thermometers from compensation of the staff of the Task Force households and their exchange for thermom- ø‘‘(I) the quantity of virgin mercury mined from the ground and placed in circulation that are not officers or employees of the Fed- eters that do not contain mercury. eral Government without regard to the pro- ø‘‘(c) DISPOSAL OF COLLECTED MERCURY each year can be reduced through bilateral visions of chapter 51 and subchapter III of WASTE.— or international agreements or other means; chapter 53 of title 5, United States Code, re- ø‘‘(1) INTERAGENCY TASK FORCE.— ø‘‘(II) the quantity of mercury used in lating to classification of positions and Gen- ø‘‘(A) ESTABLISHMENT.—There is estab- products and manufacturing can be reduced eral Schedule pay rates. lished an advisory committee to be known as through substitution of mercury-free alter- ø‘‘(II) MAXIMUM RATE OF PAY.—The rate of the ‘Interagency Task Force on Mercury’ (re- natives that are safer, available, and afford- pay for the staff shall not exceed the rate ferred to in this section as the ‘Task Force’). able; and payable for level V of the Executive Sched- ø‘‘(B) MEMBERSHIP.—The Task Force shall ø‘‘(III) essential mercury needs can be met ule under section 5316 of title 5, United be composed of 7 members, of whom— through use of stockpiles in existence on the States Code. ø‘‘(i) 1 member shall be the Administrator, date of enactment of this section and in- ø‘‘(v) DETAIL OF FEDERAL GOVERNMENT EM- who shall serve as Chairperson of the Task creased recycling rather than through use of PLOYEES.— Force; virgin mercury. ø‘‘(I) IN GENERAL.—An employee of the Fed- ø‘‘(ii) 1 member shall be appointed by each ø‘‘(G) HEARINGS.—The Task Force may of— eral Government may be detailed to the hold such hearings, sit and act at such times Task Force without reimbursement. ø‘‘(I) the Secretary of State; and places, take such testimony, and receive ø‘‘(II) CIVIL SERVICE STATUS.—The detail of ø‘‘(II) the Secretary of Defense; such evidence as the Task Force considers ø the employee shall be without interruption ‘‘(III) the Secretary of Energy; and advisable to carry out this section. ø or loss of civil service status or privilege. ‘‘(IV) the Director of the National Insti- ø‘‘(H) INFORMATION FROM FEDERAL AGEN- ø‘‘(vi) PROCUREMENT OF TEMPORARY AND tute of Environmental Health Sciences of CIES .— INTERMITTENT SERVICES.—The Chairperson of the Department of Health and Human Serv- ø ‘‘(i) IN GENERAL.—The Task Force may se- the Task Force may procure for the purposes ices; cure directly from a Federal agency such in- ø‘‘(iii) 1 member shall be appointed by the of the Task Force temporary and intermit- formation as the Task Force considers nec- tent services in accordance with section President to represent the American Public essary to carry out this section. Health Association; and 3109(b) of title 5, United States Code, at rates ø‘‘(ii) PROVISION OF INFORMATION.—On re- ø‘‘(iv) 1 member shall be appointed by the for individuals that do not exceed the daily quest of the Chairperson of the Task Force, President from the Environmental Council equivalent of the annual rate of basic pay the head of the agency shall provide the in- of the States. prescribed for level V of the Executive formation to the Task Force. ø‘‘(C) DATE OF APPOINTMENTS.—The ap- Schedule under section 5316 of that title. ø‘‘(I) POSTAL SERVICES.—The Task Force pointment of a member of the Task Force ø‘‘(M) TERMINATION OF TASK FORCE.—The may use the United States mails in the same shall be made not later than 30 days after Task Force shall terminate on the date that manner and under the same conditions as the date of enactment of this section. is 90 days after the date on which the Task other agencies of the Federal Government. ø‘‘(D) TERM; VACANCIES.— Force submits the report required under sub- ø‘‘(J) GIFTS.—The Task Force may accept, ø‘‘(i) TERM.—A member shall be appointed paragraph (F). use, and dispose of gifts or donations of serv- for the life of the Task Force. ø‘‘(2) RESPONSIBILITY OF THE ADMINIS- ices or property. ø‘‘(ii) VACANCIES.—A vacancy on the Task TRATOR FOR SAFE DISPOSAL AND STORAGE OF ø Force— ‘‘(K) COMPENSATION OF MEMBERS; TRAVEL MERCURY.—In consultation with the Task ø‘‘(I) shall not affect the powers of the EXPENSES.— Force, the Administrator shall— ø Task Force; and ‘‘(i) NON-FEDERAL EMPLOYEES.—A member ø‘‘(A)(i) take title to the mercury collected ø‘‘(II) shall be filled in the same manner as of the Task Force who is not an officer or under the thermometer exchange program the original appointment was made. employee of the Federal Government shall established under subsection (b), or an equiv- ø‘‘(E) MEETINGS.— be compensated at a rate equal to the daily alent quantity of mercury; and ø ø‘‘(i) INITIAL MEETING.—Not later than 30 equivalent of the annual rate of basic pay ‘‘(ii) manage (or designate a contractor to days after the date on which all members of prescribed for level IV of the Executive manage) the mercury collected in a manner the Task Force have been appointed, the Schedule under section 5315 of title 5, United that ensures that the mercury collected is Task Force shall hold the initial meeting of States Code, for each day (including travel not released into the environment or reintro- the Task Force. time) during which the member is engaged in duced into commerce; and ø ø‘‘(ii) CALLING OF MEETINGS.—The Task the performance of the duties of the Task ‘‘(B)(i) identify potential mercury sta- Force shall meet at the call of the Chair- Force. bilization technologies and measures that person. ø‘‘(ii) FEDERAL EMPLOYEES.—A member of ensure minimal release of mercury into the ø‘‘(iii) QUORUM.—A majority of the mem- the Task Force who is an officer or employee environment; and bers of the Task Force shall constitute a of the Federal Government shall serve with- ø‘‘(ii) conduct such research, development, quorum, but a lesser number of members out compensation in addition to the com- and demonstration of the technologies and may hold hearings. pensation received for the services of the measures as the Administrator determines ø‘‘(F) DUTIES.—Not later than 1 year after member as an officer or employee of the Fed- to be appropriate. the date of the initial meeting of the Task eral Government. ø‘‘(d) RELATION TO OTHER LAW.—Nothing in Force, the Task Force shall submit to Con- ø‘‘(iii) TRAVEL EXPENSES.—A member of this section— gress a report containing recommendations the Task Force shall be allowed travel ex- ø‘‘(1) precludes any State from imposing concerning— penses, including per diem in lieu of subsist- any additional requirement; or ø‘‘(i) the long-term management and re- ence, at rates authorized for an employee of ø‘‘(2) diminishes any obligation, liability, tirement of mercury collected from— an agency under subchapter I of chapter 57 of or other responsibility under other Federal ø‘‘(I) mercury fever thermometers; title 5, United States Code, while away from law. ø‘‘(II) other medical and commercial the home or regular place of business of the ø‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— sources; and member in the performance of the duties of There is authorized to be appropriated to ø‘‘(III) government sources, including mer- the Task Force. carry out this section $20,000,000, of which— cury stored by the Department of Defense ø‘‘(L) STAFF AND FUNDING.— ø‘‘(1) not more than 2.5 percent shall be and the Department of Energy; ø‘‘(i) DETERMINATION.—The Chairperson of used to carry out the activities of the Task ø‘‘(ii) collection of mercury from industrial the Task Force shall determine the level of Force; and or other sources in the United States in staff and funding that are adequate to carry ø‘‘(2) not more than 2.5 percent shall be cases in which the mercury is no longer out the activities of the Task Force. used to carry out subsection (c)(2)(B).’’. September 5, 2002 CONGRESSIONAL RECORD — SENATE S8331

ø(b) CONFORMING AMENDMENT.—Section ‘‘(i) 1 member shall be the Administrator, who ‘‘(ii) PROVISION OF INFORMATION.—On request 1001 of the Solid Waste Disposal Act (42 shall serve as Chairperson of the Task Force; of the Chairperson of the Task Force, the head U.S.C. prec. 6901) is amended by adding at ‘‘(ii) 1 member shall be the Secretary of State; of the agency shall provide the information to the end of the items relating to subtitle C ‘‘(iii) 1 member shall be the Secretary of De- the Task Force. the following: fense; ‘‘(I) POSTAL SERVICES.—The Task Force may ø‘‘Sec. 3024. Mercury.’’.¿ ‘‘(iv) 1 member shall be the Secretary of En- use the United States mails in the same manner ergy; and SECTION 1. SHORT TITLE. and under the same conditions as other agencies ‘‘(v) 1 member shall be the Director of the Na- This Act may be cited as the ‘‘Mercury Reduc- of the Federal Government. tional Institute of Environmental Health ‘‘(J) GIFTS.—The Task Force may accept, use, tion Act of 2002’’. Sciences of the Department of Health and and dispose of gifts or donations of services or SEC. 2. FINDINGS. Human Services. property. Congress finds that— ‘‘(C) DATE OF APPOINTMENTS.—The appoint- ‘‘(K) COMPENSATION OF MEMBERS; TRAVEL EX- (1) mercury is a persistent and toxic pollutant ment of a member of the Task Force shall be PENSES.— that bioaccumulates in the environment; made not later than 30 days after the date of en- ‘‘(i) FEDERAL EMPLOYEES.—A member of the (2) according to recent studies, mercury depo- actment of this section. Task Force who is an officer or employee of the sition is a significant public health threat in ‘‘(D) TERM; VACANCIES.— Federal Government shall serve without com- many States throughout the United States; ‘‘(i) TERM.—A member shall be appointed for pensation in addition to the compensation re- (3) 40 States have issued fish advisories that the life of the Task Force. ceived for the services of the member as an offi- warn certain individuals to restrict or avoid ‘‘(ii) VACANCIES.—A vacancy on the Task cer or employee of the Federal Government. consuming mercury-contaminated fish from af- Force— ‘‘(ii) TRAVEL EXPENSES.—A member of the fected bodies of water; ‘‘(I) shall not affect the powers of the Task Task Force shall be allowed travel expenses, in- (4) according to a report by the National Force; and cluding per diem in lieu of subsistence, at rates Academy of Sciences, over 60,000 children are ‘‘(II) shall be filled in the same manner as the authorized for an employee of an agency under born each year in the United States at risk for original appointment was made. subchapter I of chapter 57 of title 5, United adverse neurodevelopmental effects due to expo- ‘‘(E) MEETINGS.— States Code, while away from the home or reg- sure to methyl mercury in utero; ‘‘(i) INITIAL MEETING.—Not later than 30 days ular place of business of the member in the per- (5) studies have documented that exposure to after the date on which all members of the Task formance of the duties of the Task Force. elevated levels of mercury in the environment re- Force have been appointed, the Task Force shall ‘‘(L) STAFF AND FUNDING.— sults in serious harm to species of wildlife that hold the initial meeting of the Task Force. ‘‘(i) DETERMINATION.—The Chairperson of the consume fish; ‘‘(ii) CALLING OF MEETINGS.—The Task Force Task Force shall determine the level of staff and (6) combustion of municipal and other solid shall meet at the call of the Chairperson. funding that are adequate to carry out the ac- waste is a major source of mercury emissions in ‘‘(iii) QUORUM.—A majority of the members of tivities of the Task Force. the United States; the Task Force shall constitute a quorum, but a ‘‘(ii) SOURCE.—The staff and funding shall be (7) according to the Mercury Study Report, lesser number of members may hold hearings. provided by and drawn equally from the re- prepared by the Environmental Protection ‘‘(F) DUTIES.— sources of— Agency and submitted to Congress in 1997, mer- ‘‘(i) IN GENERAL.—Not later than 1 year after ‘‘(I) the Department of Energy; cury fever thermometers contribute approxi- the date of the initial meeting of the Task Force, ‘‘(II) the Department of Defense; and mately 17 tons of mercury to solid waste each the Task Force shall submit to Congress a report ‘‘(III) the Environmental Protection Agency. year; containing recommendations and suggested ac- ‘‘(iii) APPOINTMENT OF STAFF.—The Chair- (8) the Governors of the New England States tions concerning— person may, without regard to the civil service have endorsed a regional goal of ‘‘the virtual ‘‘(I) the long-term management of surplus laws (including regulations), appoint and termi- elimination of the discharge of anthropogenic mercury collected from— nate such staff as are necessary to enable the mercury into the environment’’; ‘‘(aa) mercury fever thermometers; Task Force to perform the duties of the Task (9) mercury fever thermometers are easily bro- ‘‘(bb) other medical and commercial sources; Force. ken, creating a potential risk of dangerous expo- ‘‘(cc) government sources, including mercury ‘‘(iv) COMPENSATION.— sure to mercury vapor in indoor air and risking stored by the Department of Defense and the ‘‘(I) IN GENERAL.—Except as provided in sub- mercury contamination of the environment; and Department of Energy; and clause (II), the Chairperson may fix the com- (10) according to the Environmental Protec- ‘‘(dd) industrial or other sources in the United pensation of the staff of the Task Force that are tion Agency, the quantity of mercury in 1 mer- States; not officers or employees of the Federal Govern- cury fever thermometer, approximately 1 gram, ‘‘(II) programs to test the long-term durability ment without regard to the provisions of chapter is enough to contaminate all fish in a lake with of promising technologies for sequestration of 51 and subchapter III of chapter 53 of title 5, a surface area of 20 acres. mercury; United States Code, relating to classification of SEC. 3. MERCURY. ‘‘(III) storage of mercury collected or seques- positions and General Schedule pay rates. (a) IN GENERAL.—Subtitle C of the Solid Waste tered under subclause (I) or (II), in a manner ‘‘(II) MAXIMUM RATE OF PAY.—The rate of Disposal Act (42 U.S.C. 6921 et seq.) is amended that ensures that there is no release of the mer- pay for the staff shall not exceed the rate pay- by adding at the end the following: cury into the environment; able for level V of the Executive Schedule under ‘‘SEC. 3024. MERCURY. ‘‘(IV) reduction of the total threat posed by section 5316 of title 5, United States Code. ‘‘(a) PROHIBITION ON SALE OF MERCURY mercury to humans and the environment; and ‘‘(v) DETAIL OF FEDERAL GOVERNMENT EM- FEVER THERMOMETERS EXCEPT BY PRESCRIP- ‘‘(V) reduction of the total quantity of mer- PLOYEES.— TION.—Effective beginning 180 days after the cury produced, used, and released on a global ‘‘(I) IN GENERAL.—An employee of the Federal date of enactment of this section— basis, including whether and how— Government may be detailed to the Task Force ‘‘(1) a person shall not sell or supply mercury ‘‘(aa) the quantity of virgin mercury mined without reimbursement. fever thermometers to consumers, except by pre- from the ground and placed in circulation each ‘‘(II) CIVIL SERVICE STATUS.—The detail of the scription; and year can be reduced through bilateral or inter- employee shall be without interruption or loss of ‘‘(2) with each mercury fever thermometer sold national agreements or other means; civil service status or privilege. or supplied by prescription, the manufacturer of ‘‘(bb) the quantity of mercury used in prod- ‘‘(vi) PROCUREMENT OF TEMPORARY AND the thermometer shall provide clear instructions ucts, mining, and manufacturing can be reduced INTERMITTENT SERVICES.—The Chairperson of on— through substitution of mercury-free alter- the Task Force may procure for the purposes of ‘‘(A) careful handling of the thermometer to natives that are safer, available, and affordable; the Task Force temporary and intermittent serv- avoid breakage; and and ices in accordance with section 3109(b) of title 5, ‘‘(B) proper cleanup of the thermometer and ‘‘(cc) essential mercury needs can be met United States Code, at rates for individuals that its contents in the event of breakage. through use of stockpiles in existence on the do not exceed the daily equivalent of the annual ‘‘(b) THERMOMETER EXCHANGE PROGRAM.— date of enactment of this section rather than rate of basic pay prescribed for level V of the The Administrator shall make grants to States, through use of virgin mercury. Executive Schedule under section 5316 of that municipalities, nonprofit organizations, or other ‘‘(ii) CONSULTATION.—In carrying out this title. suitable entities for implementation of a na- subparagraph, the Task Force shall consult ‘‘(M) TERMINATION OF TASK FORCE.—The Task tional program for the collection of mercury with States, industries, and health, environ- Force shall terminate on the date that is 90 days fever thermometers from households and their mental, and consumer organizations. after the date on which the Task Force submits exchange for thermometers that do not contain ‘‘(G) HEARINGS.—The Task Force may hold the report required under subparagraph (F)(i). mercury. such hearings, sit and act at such times and ‘‘(N) NO EFFECT ON OTHER LAW.—Nothing in ‘‘(c) MANAGEMENT OF COLLECTED MERCURY.— places, take such testimony, and receive such this paragraph affects the regulation of mercury ‘‘(1) TASK FORCE.— evidence as the Task Force considers advisable under— ‘‘(A) ESTABLISHMENT.—There is established an to carry out this section. ‘‘(i) any other provision of this subtitle; or advisory committee to be known as the ‘Task ‘‘(H) INFORMATION FROM FEDERAL AGENCIES.— ‘‘(ii) any other law. Force on Mercury’ (referred to in this section as ‘‘(i) IN GENERAL.—The Task Force may secure ‘‘(2) RESPONSIBILITY OF THE ADMINISTRATOR the ‘Task Force’). directly from a Federal agency such information FOR SAFE MANAGEMENT AND STORAGE OF MER- ‘‘(B) MEMBERSHIP.—The Task Force shall be as the Task Force considers necessary to carry CURY.—In consultation with the Task Force, the composed of 5 members, of whom— out this section. Administrator shall— S8332 CONGRESSIONAL RECORD — SENATE September 5, 2002 ‘‘(A)(i) purchase or otherwise take title to the defects and brain damage in up to mercury from fever thermometers but mercury collected under the thermometer ex- 60,000 newborn children each year. then it is sold back to India and then change program established under subsection Mercury takes on a highly toxic or- shipped back to the United States in (b), or collected from any other source; ganic form known as methylmercury other products, we are really not solv- ‘‘(ii) manage (or designate a contractor to manage) the mercury collected in a manner that when it enters the environment. ing the problem. We want to make sure ensures that the mercury collected is not re- Methylmercury is almost completely this mercury does not reenter the envi- leased into the environment; absorbed into the bloodstream and dis- ronment so that it will not be sent to ‘‘(iii) ensure, to the maximum extent prac- tributed to all the tissues in the body, India, one of the largest manufacturers ticable, that the mercury collected under the including the brain. Of course, with of mercury thermometers. thermometer exchange program established young children this is particularly The mercury collected from ther- under subsection (b), or an equivalent quantity problematic because their brains are mometer exchange programs is only of mercury, is not reintroduced into commerce; still developing. part of the problem. There is a bigger and ‘‘(iv) provide to the Task Force, for inclusion This organic mercury can accumu- problem, and that is the global circula- in the report of the Task Force under paragraph late in the food chain and become con- tion of mercury. Let me give an exam- (1)(F)(i), an analysis of, and recommendations centrated in some species of fish, pos- ple. relating to, the mercury collection and manage- ing a health threat to people who con- When the HoltraChem manufacturing ment activities carried out under this section; sume the fish. For this reason, 40 plant in Orrington, ME, shut down 2 and States have issued freshwater fish years ago, the plant was left with over ‘‘(B)(i) identify potential mercury stabiliza- advisories that warn certain individ- 100 tons of unwanted mercury and no tion technologies and long-term storage meas- uals, such as pregnant women, to re- known way to permanently dispose of ures that ensure minimal release of mercury into the environment; and strict or avoid consuming fish from in- it. In total, about 3,000 tons of mercury ‘‘(ii) conduct such research, development, and fected bodies of water. is held at similar plants across the demonstration of the technologies and measures One prevalent source of mercury in United States. as the Administrator determines to be appro- the environment is, as I said, mercury In addition, large amounts of mer- priate. fever thermometers. Many of us know cury are still being mined around the ‘‘(d) RELATION TO OTHER LAW.—Nothing in from personal experience how easy it is world. For example, in 1999, Algeria this section— to drop a mercury thermometer and mined 400 tons of virgin mercury. In ‘‘(1) precludes any State from imposing any see it break. In fact, in 1998 the Amer- total, approximately 2,000 tons of new additional requirement; or ‘‘(2) diminishes any obligation, liability, or ican Poison Control Center received mercury is mined every year. More- other responsibility under other Federal law. 18,000 phone calls from consumers who over, the Department of Defense cur- ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— had broken mercury thermometers. rently has a stockpile of over 4,000 tons ‘‘(1) IN GENERAL.—There is authorized to be One mercury thermometer contains of mercury that it doesn’t want but appropriated to carry out this section (other about 1 gram of mercury. That does doesn’t know what to do with. Why are than subsection (c)(2)(A)) $20,000,000, of not sound like much, but let me tell Algeria and other countries still min- which— you what the consequences are of just ing large amounts of an element that is ‘‘(A) not more than 2.5 percent shall be used 1 gram of mercury. Despite its small to carry out the activities of the Task Force; a neurotoxin, when the United States and size, the mercury in one thermometer, and other countries are doing their ‘‘(B) not more than 2.5 percent shall be used if released annually into the environ- best to remove this extremely toxic to carry out subsection (c)(2)(B). ment, is enough to contaminate all the element from the environment? And ‘‘(2) SAFE MANAGEMENT AND STORAGE.—In ad- fish in a 20-acre lake. That is how pow- how will the United States dispose of dition to the amount authorized to be appro- erful a neurotoxin mercury is. the huge amounts of mercury at chlor- priated under paragraph (1), there is authorized The bill we are about to pass calls for alkali plants and other no longer need- to be appropriated to carry out subsection a nationwide ban on the sale of mer- ed sources? (c)(2)(A) $1,000,000 for each fiscal year.’’. cury fever thermometers. It would also My bill creates an interagency task (b) CONFORMING AMENDMENT.—Section 1001 of the Solid Waste Disposal Act (42 U.S.C. prec. provide grants for swap programs to force to address these very questions. 6901) is amended by adding at the end of the help consumers exchange mercury The task force will be chaired by the items relating to subtitle C the following: thermometers for digital or other al- Administrator of the EPA and com- ‘‘Sec. 3024. Mercury.’’. ternatives. Digital thermometers are prised of members from other Federal Amend the title so as to read: ‘‘A bill to easier to read. They are much quicker agencies involved with mercury. amend the Solid Waste Disposal Act to re- to use. They do not break easily. And, Specifically, my bill directs this task duce the quantity of mercury in the environ- most of all, they do not contain mer- force to find ways to reduce the mer- ment by limiting the use of mercury fever cury. cury threat to humans and the envi- thermometers and improving the collection My bill will allow millions of con- ronment, to identify a long-term and proper management of mercury, and for sumers across the Nation to receive means of disposing of mercury, and to other purposes.’’. free digital thermometers in exchange address the excess mercury problem Ms. COLLINS. Mr. President, the for their mercury thermometers. By from mines as well as from other indus- Senate is considering, and will shortly bringing mercury thermometers in for trial sources. pass, the Mercury Reduction Act of proper disposal, consumers will also In sum, this task force is directed to 2002. This legislation addresses the help to ensure that the mercury from identify comprehensive solutions to very serious problem of mercury in the their thermometers does not end up the global mercury problem. In one environment and mercury disposal. It polluting our lakes and threatening year, the mercury task force will make takes special aim at one of the most our health. It will also reduce the risk recommendations to Congress for per- common and widely distributed sources of breakage and contamination inside manently disposing mercury, for retir- of mercury; and that is, mercury fever the home. ing mercury from plants and other thermometers. At the same time, the An important component of my bill sources, and for reducing the amount legislation will also create a nation- is the safe disposal of mercury that is of new mercury that is mined every wide policy for dealing with surplus collected from these thermometer ex- year. At that time, it will be up to Con- mercury. change programs. Many States have gress to act upon the recommendations I introduced this bill quite some time started these kinds of exchange pro- of this task force. ago. It has bipartisan support. I am de- grams—communities have as well—but In the meantime, this bill will make lighted that the Senate will be approv- then they are left with the mercury significant progress toward reducing ing it this evening. from them, and they don’t really have one of the most widespread sources of Mercury is a potent neurotoxin that a good means for disposing of them. mercury contamination in the environ- is widespread in the environment and My legislation directs the EPA to en- ment by banning the sale nationwide of is particularly harmful to developing sure that the mercury is properly col- mercury fever thermometers. children. In fact, a National Academy lected and stored in order to keep it I am very pleased the Senate will of Sciences report released last year out of the environment and out of com- pass my legislation shortly. I thank attributed mercury exposure to birth merce. After all, if we collect all this the members of the Environment and September 5, 2002 CONGRESSIONAL RECORD — SENATE S8333 Public Works Committee for their proximately 17 tons of mercury to solid ‘‘(iii) QUORUM.—A majority of the members strong bipartisan support of this legis- waste each year; of the Task Force shall constitute a quorum, lation. (7) the Governors of the New England but a lesser number of members may hold This bill is a modest bill, in many States have endorsed a regional goal of ‘‘the hearings. virtual elimination of the discharge of an- ‘‘(F) DUTIES.— ways, but it addresses a very serious thropogenic mercury into the environment’’; ‘‘(i) IN GENERAL.—Not later than 1 year problem. It will help make our environ- (8) mercury fever thermometers are easily after the date of the initial meeting of the ment a safer place and help our chil- broken, creating a potential risk of dan- Task Force, the Task Force shall submit to dren avoid exposure to one of the most gerous exposure to mercury vapor in indoor Congress a report containing recommenda- toxic elements in our environment. air and risking mercury contamination of tions and suggested actions concerning— Mr. REID. It is my understanding the environment; and ‘‘(I) the long-term management of surplus (9) according to the Environmental Protec- mercury collected from— Senators JEFFORDS and SMITH of New tion Agency, the quantity of mercury in 1 ‘‘(aa) mercury fever thermometers; Hampshire have an amendment. It is at mercury fever thermometer, approximately 1 ‘‘(bb) other medical and commercial the desk. I ask unanimous consent it gram, is enough to contaminate all fish in a sources; be considered now, that the amend- lake with a surface area of 20 acres. ‘‘(cc) government sources, including mer- ment be agreed to, and the motion to SEC. 3. MERCURY. cury stored by the Department of Defense reconsider be laid on the table. (a) IN GENERAL.—Subtitle C of the Solid and the Department of Energy; and The PRESIDING OFFICER. Without Waste Disposal Act (42 U.S.C. 6921 et seq.) is ‘‘(dd) industrial or other sources in the objection, it is so ordered. amended by adding at the end the following: United States; The amendment (No. 4511) was agreed ‘‘SEC. 3024. MERCURY. ‘‘(II) programs to test the long-term dura- bility of promising technologies for seques- to, as follows: ‘‘(a) PROHIBITION ON SALE OF MERCURY FEVER THERMOMETERS EXCEPT BY PRESCRIP- tration of mercury; On page 16, strike lines 4 through 6. TION.—Effective beginning 180 days after the ‘‘(III) storage of mercury collected or se- On page 16, line 7, strike ‘‘(7)’’ and insert date of enactment of this section— questered under subclause (I) or (II), in a ‘‘(6)’’. ‘‘(1) a person shall not sell or supply mer- manner that ensures that there is no release On page 16, line 12, strike ‘‘(8)’’ and insert cury fever thermometers to consumers, ex- of the mercury into the environment; ‘‘(7)’’. cept by prescription; and ‘‘(IV) reduction of the total threat posed On page 16, line 16, strike ‘‘(9)’’ and insert ‘‘(2) with each mercury fever thermometer by mercury to humans and the environment; ‘‘(8)’’. sold or supplied by prescription, the manu- and On page 16, line 20, strike ‘‘(10)’’ and insert facturer of the thermometer shall provide ‘‘(V) reduction of the total quantity of ‘‘(9)’’. clear instructions on— mercury produced, used, and released on a On page 17, line 23, insert ‘‘liquid’’ before ‘‘(A) careful handling of the thermometer global basis, including whether and how— ‘‘mercury’’. to avoid breakage; and ‘‘(aa) the quantity of virgin mercury mined On page 21, line 15, insert ‘‘intentionally’’ ‘‘(B) proper cleanup of the thermometer from the ground and placed in circulation before ‘‘used’’. and its contents in the event of breakage. each year can be reduced through bilateral Mr. REID. I ask unanimous consent ‘‘(b) THERMOMETER EXCHANGE PROGRAM.— or international agreements or other means; that the committee-reported amend- The Administrator shall make grants to ‘‘(bb) the quantity of mercury inten- ment be agreed to, the bill as amended States, municipalities, nonprofit organiza- tionally used in products, mining, and manu- be read three times and passed, the mo- tions, or other suitable entities for imple- facturing can be reduced through substi- mentation of a national program for the col- tution of mercury-free alternatives that are tion to reconsider be laid on the table, lection of liquid mercury fever thermom- safer, available, and affordable; and and that the title amendment be eters from households and their exchange for ‘‘(cc) essential mercury needs can be met agreed to, without further intervening thermometers that do not contain mercury. through use of stockpiles in existence on the action or debate. ‘‘(c) MANAGEMENT OF COLLECTED MER- date of enactment of this section rather than The PRESIDING OFFICER. Without CURY.— through use of virgin mercury. objection, it is so ordered. ‘‘(1) TASK FORCE.— ‘‘(ii) CONSULTATION.—In carrying out this The committee amendment in the ‘‘(A) ESTABLISHMENT.—There is established subparagraph, the Task Force shall consult an advisory committee to be known as the nature of a substitute, as amended, was with States, industries, and health, environ- ‘Task Force on Mercury’ (referred to in this mental, and consumer organizations. agreed to. section as the ‘Task Force’). ‘‘(G) HEARINGS.—The Task Force may hold The title amendment was agreed to. ‘‘(B) MEMBERSHIP.—The Task Force shall such hearings, sit and act at such times and The bill (S. 351) was read the third be composed of 5 members, of whom— places, take such testimony, and receive time and passed, as follows: ‘‘(i) 1 member shall be the Administrator, such evidence as the Task Force considers S. 351 who shall serve as Chairperson of the Task advisable to carry out this section. Force; ‘‘(H) INFORMATION FROM FEDERAL AGEN- Be it enacted by the Senate and House of Rep- ‘‘(ii) 1 member shall be the Secretary of CIES.— resentatives of the United States of America in State; ‘‘(i) IN GENERAL.—The Task Force may se- Congress assembled, ‘‘(iii) 1 member shall be the Secretary of cure directly from a Federal agency such in- SECTION 1. SHORT TITLE. Defense; formation as the Task Force considers nec- This Act may be cited as the ‘‘Mercury Re- ‘‘(iv) 1 member shall be the Secretary of essary to carry out this section. duction Act of 2002’’. Energy; and ‘‘(ii) PROVISION OF INFORMATION.—On re- SEC. 2. FINDINGS. ‘‘(v) 1 member shall be the Director of the quest of the Chairperson of the Task Force, Congress finds that— National Institute of Environmental Health the head of the agency shall provide the in- (1) mercury is a persistent and toxic pol- Sciences of the Department of Health and formation to the Task Force. lutant that bioaccumulates in the environ- Human Services. ‘‘(I) POSTAL SERVICES.—The Task Force ment; ‘‘(C) DATE OF APPOINTMENTS.—The appoint- may use the United States mails in the same (2) according to recent studies, mercury ment of a member of the Task Force shall be manner and under the same conditions as deposition is a significant public health made not later than 30 days after the date of other agencies of the Federal Government. threat in many States throughout the enactment of this section. ‘‘(J) GIFTS.—The Task Force may accept, United States; ‘‘(D) TERM; VACANCIES.— use, and dispose of gifts or donations of serv- (3) 40 States have issued fish advisories ‘‘(i) TERM.—A member shall be appointed ices or property. that warn certain individuals to restrict or for the life of the Task Force. ‘‘(K) COMPENSATION OF MEMBERS; TRAVEL avoid consuming mercury-contaminated fish ‘‘(ii) VACANCIES.—A vacancy on the Task EXPENSES.— from affected bodies of water; Force— ‘‘(i) FEDERAL EMPLOYEES.—A member of (4) according to a report by the National ‘‘(I) shall not affect the powers of the Task the Task Force who is an officer or employee Academy of Sciences, over 60,000 children are Force; and of the Federal Government shall serve with- born each year in the United States at risk ‘‘(II) shall be filled in the same manner as out compensation in addition to the com- for adverse neurodevelopmental effects due the original appointment was made. pensation received for the services of the to exposure to methyl mercury in utero; ‘‘(E) MEETINGS.— member as an officer or employee of the Fed- (5) studies have documented that exposure ‘‘(i) INITIAL MEETING.—Not later than 30 eral Government. to elevated levels of mercury in the environ- days after the date on which all members of ‘‘(ii) TRAVEL EXPENSES.—A member of the ment results in serious harm to species of the Task Force have been appointed, the Task Force shall be allowed travel expenses, wildlife that consume fish; Task Force shall hold the initial meeting of including per diem in lieu of subsistence, at (6) according to the Mercury Study Report, the Task Force. rates authorized for an employee of an agen- prepared by the Environmental Protection ‘‘(ii) CALLING OF MEETINGS.—The Task cy under subchapter I of chapter 57 of title 5, Agency and submitted to Congress in 1997, Force shall meet at the call of the Chair- United States Code, while away from the mercury fever thermometers contribute ap- person. home or regular place of business of the S8334 CONGRESSIONAL RECORD — SENATE September 5, 2002

member in the performance of the duties of ‘‘(N) NO EFFECT ON OTHER LAW.—Nothing in section (c)(2)(A) $1,000,000 for each fiscal the Task Force. this paragraph affects the regulation of mer- year.’’. ‘‘(L) STAFF AND FUNDING.— cury under— (b) CONFORMING AMENDMENT.—Section 1001 ‘‘(i) DETERMINATION.—The Chairperson of ‘‘(i) any other provision of this subtitle; or of the Solid Waste Disposal Act (42 U.S.C. the Task Force shall determine the level of ‘‘(ii) any other law. prec. 6901) is amended by adding at the end of staff and funding that are adequate to carry ‘‘(2) RESPONSIBILITY OF THE ADMINISTRATOR the items relating to subtitle C the fol- out the activities of the Task Force. FOR SAFE MANAGEMENT AND STORAGE OF MER- lowing: ‘‘(ii) SOURCE.—The staff and funding shall CURY.—In consultation with the Task Force, ‘‘Sec. 3024. Mercury.’’. be provided by and drawn equally from the the Administrator shall— resources of— ‘‘(A)(i) purchase or otherwise take title to f ‘‘(I) the Department of Energy; the mercury collected under the thermom- ‘‘(II) the Department of Defense; and eter exchange program established under ADJOURNMENT UNTIL MONDAY, ‘‘(III) the Environmental Protection Agen- subsection (b), or collected from any other SEPTEMBER 9, 2002 cy. source; ‘‘(iii) APPOINTMENT OF STAFF.—The Chair- ‘‘(ii) manage (or designate a contractor to Mr. REID. If there is no further busi- person may, without regard to the civil serv- manage) the mercury collected in a manner ness to come before the Senate today, ice laws (including regulations), appoint and that ensures that the mercury collected is I ask unanimous consent the Senate terminate such staff as are necessary to en- not released into the environment; stand in adjournment under the pre- able the Task Force to perform the duties of ‘‘(iii) ensure, to the maximum extent prac- vious order. the Task Force. ticable, that the mercury collected under the There being no objection, the Senate, ‘‘(iv) COMPENSATION.— thermometer exchange program established at 7:35 p.m, adjourned until Monday, ‘‘(I) IN GENERAL.—Except as provided in under subsection (b), or an equivalent quan- subclause (II), the Chairperson may fix the tity of mercury, is not reintroduced into September 9, 2002, at 12 noon. compensation of the staff of the Task Force commerce; and f that are not officers or employees of the Fed- ‘‘(iv) provide to the Task Force, for inclu- eral Government without regard to the pro- sion in the report of the Task Force under NOMINATIONS visions of chapter 51 and subchapter III of paragraph (1)(F)(i), an analysis of, and rec- chapter 53 of title 5, United States Code, re- ommendations relating to, the mercury col- Executive nominations received by lating to classification of positions and Gen- lection and management activities carried the Senate September 5, 2002: eral Schedule pay rates. out under this section; and DEPARTMENT OF STATE ‘‘(II) MAXIMUM RATE OF PAY.—The rate of ‘‘(B)(i) identify potential mercury sta- DAVID N. GREENLEE, OF MARYLAND, A CAREER MEM- pay for the staff shall not exceed the rate bilization technologies and long-term stor- BER OF THE SENIOR FOREIGN SERVICE, CLASS OF MIN- payable for level V of the Executive Sched- age measures that ensure minimal release of ISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- ule under section 5316 of title 5, United mercury into the environment; and DINARY AND PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA TO THE REPUBLIC OF BOLIVIA. States Code. ‘‘(ii) conduct such research, development, ROBIN RENEE SANDERS, OF NEW YORK, A CAREER ‘‘(v) DETAIL OF FEDERAL GOVERNMENT EM- and demonstration of the technologies and MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF PLOYEES.— measures as the Administrator determines COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND ‘‘(I) IN GENERAL.—An employee of the Fed- PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA to be appropriate. TO THE REPUBLIC OF CONGO. eral Government may be detailed to the ‘‘(d) RELATION TO OTHER LAW.—Nothing in Task Force without reimbursement. this section— APPALACHIAN REGIONAL COMMISSION ‘‘(II) CIVIL SERVICE STATUS.—The detail of ‘‘(1) precludes any State from imposing ANNE B. POPE, OF TENNESSEE, TO BE FEDERAL CO- the employee shall be without interruption any additional requirement; or CHAIRMAN OF THE APPALACHIAN REGIONAL COMMIS- SION, VICE JESSE L. WHITE, RESIGNED. or loss of civil service status or privilege. ‘‘(2) diminishes any obligation, liability, or RICHARD J. PELTZ, OF PENNSYLVANIA, TO BE ALTER- ‘‘(vi) PROCUREMENT OF TEMPORARY AND other responsibility under other Federal law. NATIVE FEDERAL COCHAIRMAN OF THE APPALACHIAN INTERMITTENT SERVICES.—The Chairperson of ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— REGIONAL COMMISSION, VICE ELLA WONG-RUSINKO, RE- SIGNED. the Task Force may procure for the purposes ‘‘(1) IN GENERAL.—There is authorized to be of the Task Force temporary and intermit- appropriated to carry out this section (other f tent services in accordance with section than subsection (c)(2)(A)) $20,000,000, of 3109(b) of title 5, United States Code, at rates which— CONFIRMATION for individuals that do not exceed the daily ‘‘(A) not more than 2.5 percent shall be equivalent of the annual rate of basic pay used to carry out the activities of the Task Executive nomination confirmed by prescribed for level V of the Executive Force; and the Senate September 5, 2002: Schedule under section 5316 of that title. ‘‘(B) not more than 2.5 percent shall be DEPARTMENT OF THE TREASURY ‘‘(M) TERMINATION OF TASK FORCE.—The used to carry out subsection (c)(2)(B). PAMELA F. OLSON, OF VIRGINIA, TO BE AN ASSISTANT Task Force shall terminate on the date that ‘‘(2) SAFE MANAGEMENT AND STORAGE.—In SECRETARY OF THE TREASURY. is 90 days after the date on which the Task addition to the amount authorized to be ap- THE ABOVE NOMINATION WAS APPROVED SUBJECT TO THE NOMINEE’S COMMITMENT TO RESPOND TO RE- Force submits the report required under sub- propriated under paragraph (1), there is au- QUESTS TO APPEAR AND TESTIFY BEFORE ANY DULY paragraph (F)(i). thorized to be appropriated to carry out sub- CONSTITUTED COMMITTEE OF THE SENATE. September 5, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E1497 EXTENSIONS OF REMARKS

PAYING TRIBUTE TO DR. ROBERT TRIBUTE TO U.S. MARINE RICK Gerald (deceased). Don Wacks moved from L. CAMPBELL ABERNATHY the East Coast to San Francisco where he at- tended Lowell High School and graduated with HON. BOB SCHAFFER honors. He achieved honor roll status every HON. SCOTT McINNIS OF COLORADO semester of high school, received the Cali- fornia Scholarship Federation Award, and was OF COLORADO IN THE HOUSE OF REPRESENTATIVES a distinguished member of the debating soci- IN THE HOUSE OF REPRESENTATIVES Wednesday, September 4, 2002 ety where he acquired skills and experience Mr. SCHAFFER. Mr. Speaker, I rise today that have helped him throughout his life. Wednesday, September 4, 2002 on the floor of the U.S. House of Representa- Don Wacks proudly served our country in Mr. MCINNIS. Mr. Speaker, I rise today to tives to recognize and congratulate U.S. Ma- the United States Military for much of his adult pay tribute to the life and memory of the late rine Rick Abernathy. Rick is the proud owner life. As an Army officer, he was stationed in Japan at the conclusion of WW II and contin- Dr. Robert L. Campbell. His achievements and of Ric’s Kountry Kitchen in the country of Bah- ued to serve in the Army Reserve in the Civil accomplishments in Colorado City, Colorado rain. Last week, I enjoyed dinner at Ric’s Kountry Affairs unit of the 351st division of the Sixth have assisted in bettering the community and Kitchen. As a participant in the Congressional Army, where he graduated from Command in its surrounding areas. Dr. Campbell was Delegation to Afghanistan, chaired by Mr. General Staff School. He retired from the known as the ‘‘typical’’ country doctor, and HOEKSTRA of Michigan, I had a chance to Army as a Lieutenant Colonel. served as the only physician in the Colorado learn about Mr. Abernathy during the delega- Don Wacks attended the University of Cali- City area. Mr. Speaker, it is with great pleas- tion’s stop in Bahrain. fornia at Berkeley, earning both Bachelors and ure we honor today Dr. Robert Campbell, and Rick is by all accounts a great American Masters degrees in Economics, and Creden- remember the joy and compassionate inspira- and seems to have a loyalty to the Great tials in Teaching and Administrative Education. tion he provided. State of Texas. Rick established Ric’s Kountry He was a member of the Sigma Alpha Mu Fraternity, qualified for Phi Beta Kappa, and Dr. Campbell, known as Robert, was born Kitchen as an oasis of sorts in the Middle East. The establishment is a little piece of the Phi Delta Kappa in the National Education on November 29, 1933 in Des Moines, Iowa. America—a favorite spot for Americans trav- Honor Society. He spent his entire childhood in Iowa, and at- eling, living and working in the region. The After working as a student teacher in tained his Bachelors degree at the University restaurant has become the unofficial gathering Orinda, California, Don Wacks then moved to of Iowa. In 1961, Robert moved to Englewood, spot for Americans abroad in or near Bahrain. the Newark Unified School District where he Colorado, and while practicing medicine, as- Mr. Speaker, Rick, through his enterprise, began his career as a Vice Principal from sisted in reorganizing the current Community has become a fine ambassador for our coun- 1957 to 1959. He was a Teaching Principal at Health Center for Retarded and Handicapped try. Frequented by locals, too, Ric’s is some- Schilling Elementary from 1959 to 1962, Prin- Children and Adults. As an active member in what the face of America in Bahrain. Adorned cipal at Snow Elementary from 1962 to 1979, the Englewood Chamber of Commerce, Public with symbols of Liberty, freedom and faith, the and Principal at Milani Elementary in 1979, Relations Committee, and Selective Service restaurant conveys a powerful message of until his retirement in 1985. Board, Robert succeeded as being a phe- wholesome Americanism in a region where it Don Wacks is a person of strong values and nomenal role model and beacon to his friends, is clearly needed. The American Flag is dis- convictions, which he believes, are best shared with others and practiced every day. family, and the City of Englewood. played proudly at Ric’s. The food is great, too. Mr. Speaker, I ask our colleagues to join me As a child, he made a promise to himself to Robert’s ascent to success was accom- in extending the heartiest congratulations and visit all of the world’s continents and experi- panied by his loving wife, Evelyn, and his chil- best wishes of the House to Mr. Rick Aber- ence as much as he could during his life. Don dren, Debbie, Parn, Julie, Robert, and Joan. nathy and to the customers, employees and Wacks kept the promise made that day, expe- He also leaves behind two grandchildren supporters of Ric’s in Bahrain. rienced 86 countries, and with a visit to Ant- Robin and Aaron. Many knew Robert as a car- f arctica in early 2001, walked on all the world’s ing father and wonderful husband. He worked continents. Much of his motivation for travel is hard, and took great pride in the accomplish- TRIBUTE TO DONALD D. WACKS to learn about the ethnic and cultural back- ments of his children and wife. Robert himself grounds of the peoples of the world and to was a modest individual, very humble, and HON. ELLEN O. TAUSCHER spread peace and understanding through indi- never one to seek the rewards of his labor. OF CALIFORNIA vidual contact. Don Wacks has always delighted in sharing For numerous years, Robert was the only doc- IN THE HOUSE OF REPRESENTATIVES his gifts and resources with people who are in tor in his area, and provided countless house Wednesday, September 4, 2002 less fortunate circumstances. He supports calls to the many residents of Colorado City, Mrs. TAUSCHER. Mr. Speaker, I rise today many causes and charities and is a member Colorado. He was the only physician assigned to honor a very special citizen in my district. of numerous community organizations, pro- to the Pueblo City Jail, where he administered Donald D. Wacks has provided northern Cali- grams, and fundraisers where he uses his life treatment and medicine to many incarcerated fornia with nearly three decades of distin- experience, travels, and compassion to im- individuals. Truly, such a person of great in- guished service to its students, parents, staff, prove the community wherever possible. Of tegrity and respect deserves a word or praise, and community as a progressive and exem- great personal significance is his work as a for without his efforts; many residents would plary elementary school principal. Don Wacks volunteer grief counselor at the Widows and have been without healthcare. worked tirelessly for the improvement of stu- Widower’s Network Center in Walnut Creek. dent achievement, expanded professional staff He facilitates regular grief counseling groups Mr. Speaker, it is with a sincere heart I development, and encouraged the involvement and works regularly on their crisis line. He is honor the life of Dr. Robert Campbell. He was of parents and community in the critical mis- a dedicated champion of environmental an extraordinary person who donated 100% of sion of the education of our children. In this causes and considered himself an environ- his knowledge and talents to anyone in need. endeavor, I say that Don Wacks is one of mentalist long before it was popular. Although we mourn the loss of Robert, we cel- America’s quiet heroes. Don Wacks feels especially proud of his ebrate the many years of joy and care he pro- Don Wacks was born in Passaic, New Jer- daughter Marilyn, his son Ron, and his grand- vided to everyone he touched. I extend my sey on August 20, 1927 of second generation daughter Alyssea who embody many of his deepest sympathy to Robert’s family and American parents, Samuel & Lena Wacks. convictions, most especially being life-long friends during their time of grieving. Don Wacks has a sister Janice and a brother learners and contributors to their communities.

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

VerDate Aug<23>2002 05:49 Sep 06, 2002 Jkt 089060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A05SE8.000 E05PT1 E1498 CONGRESSIONAL RECORD — Extensions of Remarks September 5, 2002 I ask you to consider the quiet heroes like sightful article by Andrew Grove, Chairman of I am proud of what our company has Don Wacks and the many thousands like him Intel Corporation. achieved. I should also feel energized to deal deserving of our respect and gratitude for Mr. Grove—a former Time Magazine ‘‘Man with the challenges of today, since we are in of the Year’’—grew up in communist Hungary, one of the deepest technology recessions making this country great. After all, where ever. Instead, I’m having a hard time keep- would we be without America’s many quiet he- where he experienced stigmatization and prej- ing my mind on our business. I feel hunted, roes? udice as the son of a businessman. After com- suspect— a ‘‘class alien’’ again. f pleting his Ph.D. at the University of California, I know I’m not alone in feeling this way. Berkeley, Mr. Grove joined the Research and Other honest, hard-working and capable HONORING THE DISTINGUISHED Development Laboratory of Fairchild Semicon- business leaders feel similarly demoralized CAREER OF DR. GORDON PETTY ductor. In 1968 he became one of the found- by a political climate that has declared open ers of Intel Corporation. Since then he has season on corporate executives and has let HON. BART GORDON continued to play a key role in the growth and the faults, however egregious, of a few taint success of the company, serving as President the public perception of all. This just at a OF TENNESSEE time when their combined energy and con- and CEO and today as Chairman of the IN THE HOUSE OF REPRESENTATIVES centration are what’s needed to reinvigorate Board. our economy. Moreover, I wonder if the re- Wednesday, September 4, 2002 In an article published in the Washington flexive reaction of focusing all energies on Mr. GORDON. Mr. Speaker, I rise today to Post (July 17, 2002) entitled ‘‘Stigmatizing punishing executives will address the prob- recognize the outstanding career of Dr. Gor- Businesses,’’ Mr. Grove points out that the lems that have emerged over the past year. don Petty, who has served his community of current rush to judge and condemn all cor- Today’s situation reminds me of an equally porate executives without discrimination in our serious attack on American business, one Smith County, Tennessee, with dedicated pas- that required an equally serious response. In sion. Dr. Petty opened the first licensed hos- country has made him feel like he was back in communist Hungary, where businessmen the 1980s American manufacturers in indus- pital in Smith County in 1951 and practiced as tries ranging from automobiles to semi- a physician in his hometown for 50 years be- were distrusted and stigmatized. conductors to photocopiers were threatened fore retiring. Mr. Speaker, I urge my colleagues—and all by a flood of high-quality Japanese goods Dr. Petty’s life is a perfect example of what Americans—to give heed to Mr. Grove’s produced at lower cost. Competing with it means to give back to your community. He thoughtful insight. We must understand that these products exposed the inherent weak- while there has been corruption among far too graduated from Smith County High School in ness in the quality of our own products. It many companies, this does not justify the vili- was a serious threat. At first, American 1938 and received a degree from Cumberland fication of the entire private sector or of every manufacturers responded by inspecting their College in 1941. He then served in the United business executive. As Mr. Grove indicates in products more rigorously, putting ever-in- States Navy as a communications officer on- his article, the best way to tackle this issue is creasing pressure on their quality assurance board a destroyer during World War II. He through corporate reform and ensuring a sep- organizations. I know this firsthand because continued to serve in the Naval Reserve for a this is what we did at Intel. aration of powers between the chairmen, the number of years after World War II and also Eventually, however, we and other manu- board of directors, the CEO, the CFO, and ac- received a medical degree from Vanderbilt facturers realized that if the products were countants, and all street analysts. Once these University in 1950. of inherently poor quality, no amount of in- positions are free to operate without con- spection would turn them into high-quality During Dr. Petty’s professional career, he straint—and are not occupied by the same goods. After much struggle—hand-wringing, served on a number of medical boards and person—corporations will be able to monitor finger-pointing, rationalizing and attempts associations, including the American Medical themselves much more effectively and can at damage control—we finally concluded Association, the Tennessee Medical Associa- hopefully prevent future scenarios similar to that the entire system of designing and man- ufacturing goods, as well as monitoring the tion and the Board of Trustees of Smith Coun- the one our country is currently facing. ty Memorial Hospital. He also participated in a production process, had to be changed. Qual- Mr. Speaker, it is important that in our rush ity could only be fixed by addressing the en- variety of civic organizations, which included to repair the serious flaws in our system of the Carthage Lion’s Club, the Carthage Town tire cycle, from design to shipment to the corporate governance, that we not create customer. This rebuilding from top to bot- Council and the Board of Directors of Citizen’s other problems that could be equally dam- tom led to the resurgence of U.S. manufac- Bank. aging to our national economy. I ask that Mr. turing. Dr. Petty’s grit and determination to serve Grove’s article be placed in the RECORD and Corporate misdeeds, like poor quality, are his country, his patients and his community I urge all of my colleagues to give attention to a result of a systemic problem, and a sys- are admirable and a testament to his exem- his thoughtful views. temic problem requires a systemic solution. plary life. I cordially congratulate Dr. Petty for I believe the solutions that are needed all fit STIGMATIZING BUSINESS serving each with dignity, honor and compas- under the banner of ‘‘separation of powers.’’ (By Andrew Grove) Let’s start with the position of chairman sion. I also wish him the very best in his well- I grew up in Communist Hungary. Even of the board of directors. I think it is univer- deserved retirement. though I graduated from high school with ex- sally agreed that the principal function of f cellent grades, I had no chance of being ad- the board is to supervise and, if need be, re- mitted to college because I was labeled a place the CEO. Yet, in most American cor- ANDREW S. GROVE URGES RE- ‘‘class alien.’’ What earned me this classi- porations, the board chairman is the CEO. SPONSIBLE CORPORATE RE- fication was the mere fact that my father This poses a built-in conflict. Reform should FORMS BUT AVOID STIGMA- had been a businessman. It’s hard to describe start with separating these two functions. TIZING BUSINESS the feelings of an 18-year-old as he grasps the (At various times in Intel’s history we have nature of a social stigma directed at him. combined the functions, but no longer.) Fur- But never did I think that, nearly 50 years thermore, stock exchanges should require HON. TOM LANTOS later and in a different country, I would feel that boards of directors be predominantly OF CALIFORNIA some of the same emotions and face a simi- made up of independent members having no IN THE HOUSE OF REPRESENTATIVES lar stigma. financial relationship with the company. Over the past few weeks, in reaction to a Separation of the offices of chairman and Wednesday, September 4, 2002 series of corporate scandals, the pendulum of CEO, and a board with something like a two- Mr. LANTOS. Mr. Speaker, during the past public feeling has swung from celebrating thirds majority of independent directors, few months our nation has watched in shock business executives as the architects of eco- should be a condition for listing on stock ex- and dismay as a growing number of corpora- nomic growth to condemning them as a changes. group of untrustworthy, venal individuals. I In addition, auditors should provide only tions have fallen into disrepute and many have have been with Intel since its inception 34 one service: auditing. Many auditing firms been thrown into bankruptcy because of cor- years ago. During that time we have become rely on auxiliary services to make money, porate financial fraud or unethical practices. the world’s largest chip manufacturer and but if the major stock exchanges made audit- The scandal has rightfully provoked public out- have grown to employ 50,000 workers in the ing by ‘‘pure’’ firms a condition for listing, rage, and Congress has taken up new legisla- United States, whose average pay is around auditing would go from being a loss leader tion to stem the further erosion of public trust $70,000 a year. Thousands of our employees for these companies to a profitable under- in our capital markets. As Members of Con- have bought houses and put their children taking. Would this drive the cost of auditing through college using money from stock op- up? Beyond a doubt. That’s a cost of reform. gress prepare to enter into negotiations over a tions. A thousand dollars invested in the Taking the principle a step further, finan- conference report on corporate governance company when it went public in 1971 would cial analysts should be independent of the in- and accounting reform legislation, I call to the be worth about $1 million today, so we have vestment banks that do business with cor- attention of my colleagues a particularly in- made many investors rich as well. porations, a condition that could and should

VerDate Aug<23>2002 05:49 Sep 06, 2002 Jkt 089060 PO 00000 Frm 00002 Fmt 0626 Sfmt 0634 E:\CR\FM\A04SE8.047 E05PT1 September 5, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E1499 be required and monitored by the Securities Fallon Community Health Plan has four fore this House of Representatives and before and Exchange Commission. times been rated the number one health main- this Nation today; she lived life to the fullest, The point is this: The chairman, board of tenance organization in the entire country. It a public servant who worked diligently for her directors, CEO, CFO, accountants and ana- constituents and the State of Colorado. Claire lysts could each stop a debacle from devel- has long been looked to as a model of innova- oping. A systemic approach to ensuring the tive and affordable health coverage. It consist- Traylor will be missed, but her presence will separation of powers would put them in a po- ently scores highly in measures of quality of continue to be felt in the thousands of lives sition where they would be free and moti- medical outcomes. Fallon Community Health which she touched. vated to take action. Plan was also one of the five original health f I am not against prosecuting individuals plans to enroll Medicare beneficiaries, dem- HONORING ARMANDO DE LEON, responsible for financial chicanery and other onstrating how more comprehensive care than RECIPIENT OF THE 13TH ANNUAL bad behavior. In fact, this must be done. But Medicare alone provides could be delivered to tarring and feathering CEOs and CFOs as a PROFILES OF SUCCESS HISPANIC Medicare eligibles at an affordable cost. The class will not solve the underlying problem. LEADERSHIP AWARD Restructuring and strengthening the entire Health Plan continues to participate in the system of checks and balances of the institu- Medicare+Choice program and its Fallon Sen- tions that make up and monitor the U.S. ior Plan has an accreditation status of ‘‘excel- HON. ED PASTOR capital markets would serve us far better. lent’’ from the National Committee for Quality OF ARIZONA Reworking design, engineering and manu- Assurance. It is also a partner with the Fed- IN THE HOUSE OF REPRESENTATIVES facturing processes to meet the quality chal- eral Government in PACE, a program of all-in- Wednesday, September 4, 2002 lenge from the Japanese in the 1980s took clusive care for the elderly, and is in fact the five to 10 years. It was motivated by tremen- Mr. PASTOR. Mr. Speaker, I rise before you dous losses in market share and employ- only health maintenance organization in the today to recognize an outstanding citizen who ment. Similarly, the tremendous loss of mar- country with such a program. has been honored for his life-long dedication ket value from the recent scandals provides Fallon Community Health Plan is a relatively to Latino issues through which he has im- a strong motivation for reform. But let us small health care organization whose national pacted the lives of many in our community. On not kid ourselves. Effective reform will take influence far exceeds its size. We in Worces- September 6th, the Honorable Armando de years of painstaking reconstruction. ter are proud of its success and the contribu- Leo´n was honored by his peers at the annual Our society faces huge problems. Many of tions it makes to our community. Mr. Speaker, Profiles of Success Hispanic Leadership our citizens have no access to health care; I am proud to congratulate the people of some of our essential infrastructure is dete- Awards presentation in Phoenix, Arizona. This riorating; the war on terror and our domestic Fallon Community Health Plan for twenty-five event, coordinated by Valle del Sol, a local security require additional resources. At- years of service. non-profit community based organization, tacking these problems requires a vital econ- f kicks off National Hispanic Heritage Month in omy. Shouldn’t we take time to think Arizona and is now in it’s thirteenth year of through how we can address the very real PAYING TRIBUTE TO CLAIRE honoring worthy individuals. problems in our corporations without de- TRAYLOR Judge de Leo´n began a 32-year career in monizing and demoralizing the managers the U.S. Air Force Reserve as a judge advo- whose entrepreneurial energy is needed to HON. SCOTT McINNIS cate. After being admitted to practice in Ari- drive our economy? OF COLORADO zona, he worked briefly as a law clerk/bailiff. f IN THE HOUSE OF REPRESENTATIVES In 1965, Armando entered private practice in Phoenix, specializing in international law and HONORING THE 25TH ANNIVER- Wednesday, September 4, 2002 serving as general counsel and volunteer pro SARY OF FALLON COMMUNITY Mr. MCINNIS. Mr. Speaker, it is with great bono attorney for twenty non-profit organiza- HEALTH PLAN sadness that I speak here to recognize the life tions. and passing of Mrs. Claire Traylor of Wheat Armando served four years on the Phoenix HON. JAMES P. McGOVERN Ridge, Colorado. Mrs. Traylor was a state leg- City Council. He served on the Arizona-Mexico OF MASSACHUSETTS islator who worked diligently on behalf of Colo- Commission and on Federal Advisory Commit- IN THE HOUSE OF REPRESENTATIVES rado to promote fair and effective legislation tees to the U.S. Attorney General and INS throughout the state. Wednesday, September 4, 2002 Commissioner as well. He was appointed to Mrs. Claire Traylor served in the Colorado the Arizona Superior Court bench in 1983 with Mr. MCGOVERN. Mr. Speaker, I rise today General Assembly from 1982 to 1994, first in rotations on civil litigation, criminal, domestic to honor Fallon Community Health Plan and to the House and then in the Senate. One of her relations, and special assignment calendars. congratulate the men and women of that orga- most renowned accomplishments as a legis- He chaired the Court Interpreter Policy & Bilin- nization on the occasion of its twenty-fifth an- lator was her strong commitment to education. gual Forms Committee, and the Unified Extern niversary. Mrs. Traylor was a member of the Joint Budg- Program Liaison Committee of the Superior Fallon Community Health Plan was created et Committee and Chairwoman of the Senate Court and the Arizona State University College in 1977 in Worcester, Massachusetts, largely Appropriations Committee, she used her Posi- of Law. Upon retirement from the bench, he though the work of the physicians of Fallon tion to approve funding for the repair and re- returned to his hometown of Tucson, where he Clinic. The Clinic itself, the first group practice construction of buildings on college campuses. served as an adjunct professor at the Univer- in central Massachusetts, was founded in It was for these efforts that the Colorado sity of Arizona College of Law. 1929, the vision of John Fallon, M.D. The doc- School of Mines just recently announced plans Armando’s extensive community involve- tors of that group have provided high quality to recognize Mrs. Traylor by naming a building ment includes serving as general counsel and and compassionate medical care to several in her honor. Mrs. Traylor also fought hard for board member to the National Council of La generations of area residents, and have a healthcare legislation that would benefit all citi- Raza, referral attorney for the Mexican Amer- uniquely cooperative relationship with the zens of Colorado, including the poor and unin- ican Legal Defense and Education Fund, Health Plan. sured. board member of the Southwest Voter Reg- While mergers and consolidations have gen- Mrs. Traylor was a proud Republican who istration Education Project, memberships in erally ruled the health care world in the last understood the necessities of sound fiscal re- the Hispanic National Bar Association, Los few years, Fallon Community Health Plan has sponsibility. However, on any given issue she Abogados Hispanic Bar Association, the Phoe- continued as a locally-controlled, not-for-profit didn’t hesitate to follow her own principles and nix Hispanic-Jewish Coalition, and the League plan, one that truly lives up to the word ‘‘com- convictions. But no matter how difficult the op- of United Latin American Citizens. munity’’ in its name. In 1988, the Fallon Clinic position or how controversial the issue, it was He served as a General Officer and was and Health Plan partnered to establish the her integrity and reputation for fair dealing that awarded the Legion of Merit upon retirement Fallon Foundation. With the help of community won her the bipartisan esteem of her col- in 1991, as well as the Distinguished Service members, local businesses, and public offi- leagues. For all the legislative achievements Medal. cials, Fallon Foundation promotes a healthy that can be accredited to Mrs. Claire Traylor, Mr. Speaker, please join me in recognizing community through grants and other resources it will be her amiable personality, her gracious this outstanding citizen for his fine work and dedicated to direct services, education, and demeanor, and her impeccable character that dedication. Throughout his life Judge de Leo´n research. Fallon Community Health Plan is a we will remember the most. has been a long time advocate for the Latino valued civic partner in Worcester and other cit- Mr. Speaker, it is with genuine gratitude that community and he has been a great role ies and towns of central Massachusetts. I recognize the life of Mrs. Claire Traylor be- model for many.

VerDate Aug<23>2002 05:49 Sep 06, 2002 Jkt 089060 PO 00000 Frm 00003 Fmt 0626 Sfmt 0634 E:\CR\FM\K04SE8.002 E05PT1 E1500 CONGRESSIONAL RECORD — Extensions of Remarks September 5, 2002 AIR SHOW TRAGEDY IN LVIV, been actively involved in all the major edu- process and store plastics onboard. Most sur- UKRAINE cation issues that have faced the organization. face ships are currently outfitted with at Outside of work, Mr. Malone enjoys music, least one Plastic Waste Processor (PWP), and crews have reported success with this HON. BOB SCHAFFER musicals, Gaelic games, and traveling. And method; ships without PWPs find other ways OF COLORADO aside from education, Mr. Malone’s other great to retain plastic waste. Researchers at the passion is mountain walking. Mr. Malone and IN THE HOUSE OF REPRESENTATIVES Naval Surface Warfare Center—Carderock his wife Jo have two children, Clodagh and Division (NSWC–CD) are currently testing Wednesday, September 4, 2002 Feargal. They are the proud grandparents of compaction and storage methods for sub- Mr. SCHAFFER. Mr. Speaker, I rise today Aisling and Donal Carthy. marine plastic management in four dem- to honor the memory of the victims of the Mr. Speaker, I am sure that the entire U.S. onstration projects. While surface ship and submarine crews have reported success with world’s worst air show disaster. On July 27th, House of Representatives joins me in thanking their respective waste processes, replacing a Ukrainian SU–27 fighter jet crashed into a Mr. Malone for his steadfast commitment to petroleum-based plastic with biodegradable crowd of spectators at an air show outside the educational system of Ireland and for his products may be a more effective and envi- Lviv in Western Ukraine, killing 85, including service as President of INTO. ronmentally responsible solution. 23 children, and wounding 116 more. The f While the Navy’s current methods to make plane’s two pilots lost control of the fighter surface ships and submarines compliant with NAVAL MANDATE PRESENTS OP- MARPOL 73/78 and MPPRCA are feasible and during complicated maneuvers and managed PORTUNITY FOR AMERICAN successful, they are only short-term solu- to eject just before impact. The severity of in- FARMERS tions. Bioplastic is environmentally respon- juries varied and many still remain hospital- sible, and with enough funding, research, and ized, while the cause of the crash is being in- development, it could soon run at full-scale vestigated. HON. EDOLPHUS TOWNS production levels and become a commer- Considering there were thousands of spec- OF NEW YORK cially viable replacement for petroleum- IN THE HOUSE OF REPRESENTATIVES based plastic in most applications. Bio- tators attending the air show, the damage degradable plastic may be the Navy’s long could have been much worse. However, given Wednesday, September 4, 2002 term solution to environmental regulation the recent series of tragic accidents in Mr. TOWNS. Mr. Speaker, I want to bring to compliance. Additional funding is necessary, Ukraine, most significantly, several deadly the attention of my colleagues an important however, to launch demonstration of feasi- mine explosions, I commend the spirit of the environmental initiative, which impacts the bility projects and to further research in bio- plastic applications within the Navy. Al- Ukrainian people and their resilience in the U.S. Navy. In 1987, Congress mandated that face of overwhelming tragedy. I also offer my though bioplastic products offer the most the U.S. naval submarines eliminate the convenience to submarine waste processing, prayers and profound condolences to those dumping of plastic waste by 2008. This re- biodegradable plastic is just as applicable families having suffered losses of loved ones. quirement presents a unique opportunity for and as beneficial to surface ships. Mr. Speaker, the entire world witnessed dur- the commercial development of biomass prod- Not only would further research and devel- ing the September 11th attacks on this Nation. ucts to replace the use of plastics on our sub- opment to promote biodegradable plastic help the Navy, but the nation would also Oftentimes when people are faced with trag- marines. Further research was done on this edy and adversity, there are also extraordinary profit from such technology. The following subject as a summer project in the 2002 Of- lists the key advantages of bio-based plas- actions of heroism and generosity. Within the fice of Naval Research (ONR) Science and tics: first hours following the air show tragedy, the Engineering Apprenticeship Program (SEAP). Corn farmers often overproduce, and as ag- Ukrainian Federation of America mobilized This summer, as one of the SEAP partici- ricultural biotechnology advances to further international relief efforts. They coordinated pants, Christina Liebner, an incoming Stanford increase crop yield, productivity will double with medical institutions and individual physi- in the near future. Bio-based technology pro- University freshman, authored a report on the vides another market for corn crops. cians and technicians who agreed to provide viability of biomass products as an alternative Commercializing bio-based plastics from medical treatment, relief supplies and trans- to plastics on submarines. Her report suggests domestically grown crops allows American port free of charge. This remarkable humani- that biomass products may offer significant op- citizens to profit and releases pressure to im- tarian effort has greatly improved the prog- portunities to aid the Navy in reaching its 2008 port petroleum from the Middle East. nosis for many of the victims. In addition, mandate but it may also provide new eco- Biodegradable plastic encourages the many Ukrainian-American organizations have growth of municipal composting plants and nomic markets for corn and soybean farmers. slows accumulation of trash in landfills. established bank accounts to collect donations A summary of Christina’s report is listed Production and use of biodegradable plas- for a victim-relief fund. below. I commend it to my colleagues’ atten- tic create much less air pollution and green- Mr. Speaker, I urge my colleagues to help tion for future consideration about how our na- house gases than petroleum-based plastic. in this critical endeavor and to pray for the vic- tion’s farmers can help to solve this environ- Plants create their carbohydrates from at- tims and their families to speed their healing. mental mandate for the U.S. Navy. mospheric carbon dioxide. Bioplastic fac- f tories extract this carbon to create the poly- POSSIBLE APPLICATIONS FOR BIODEGRADABLE mer. When biodegradable plastics decom- HONORING GEARDO´ ID O´ PLASTIC IN THE UNITED STATES NAVY FLEET pose, the released carbon dioxide is returned MAOILEOIN AS A METHOD TO MEET MARPOL 73/78, to the atmosphere, thus completing the MPPRCA, AND APPS REGULATIONS cycle. Petroleum products use carbon com- (By Christina Liebner) pounds from the ground and release them HON. JAMES P. McGOVERN First implemented in 1983, the inter- into the air; no new carbon dioxide is intro- OF MASSACHUSETTS national marine pollution prevention agree- duced to the air with biodegradable poly- IN THE HOUSE OF REPRESENTATIVES ment known as MARPOL 73/78 dictates that mers. After the necessary parts of crops are used Wednesday, September 4, 2002 all signing nations must comply with An- nexes I and II, which prohibit vessels from to create the biodegradable polymer, resid- ual biomass can be burned cleanly to gen- Mr. MCGOVERN. Mr. Speaker, I rise today dumping oil and bulk noxious liquids, respec- erate energy. to commend Gerry Malone, President and tively. The United States has further agreed past Vice-President of the Irish National to comply with Annex V, which bans vessels f from dumping plastic waste. To enforce this Teachers Organization (INTO). PAYING TRIBUTE TO FALLEN After earning a teaching degree from St. agreement at home and to extend jurisdic- tion to all vessels in U.S. command (includ- OREGON FIREFIGHTERS Patrick’s College, Drumcondra, in 1966, Mr. ing military vessels) and in U.S. territorial Malone returned to his local parish as Prin- waters and exclusive economic zones, Con- HON. SCOTT McINNIS cipal of Bellurgan NS. In recognition of his gress passed Title II in Public Law 100–220— OF COLORADO professionalism and dedication to education, formally titled Marine Plastic Pollution Re- IN THE HOUSE OF REPRESENTATIVES Mr. Malone was later appointed Principal of search and Control Act (MPPRCA)—on 29 Rampark NS, the school he attended as a December 1987. Written later, the Act to Pre- Wednesday, September 4, 2002 vent Pollution from Ships (APPS) with youth. Mr. Malone continued in that capacity Mr. MCINNIS. Mr. Speaker, I rise to pay trib- for 27 years. amendments current to 1 November 1998, re- ute today to the life and memory of five coura- quires all Naval surface ships to comply with For many years now, Mr. Malone has been Annex V by 31 December 1998 and all sub- geous firefighters. The wildfires, that have active in the INTO. He represented the pri- marines by 31 December 2008. swept through Colorado, Oregon and other mary teachers of Cavan, Monoghan, and The U.S. Navy is currently developing and western states, have engulfed thousands of Louth. As a representative, Mr. Malone has refining pollution prevention procedures to acres, requiring the assistance of brave

VerDate Aug<23>2002 06:00 Sep 06, 2002 Jkt 089060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A04SE8.051 E05PT1 September 5, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E1501 firefighters from across the nation. Today we people who live nearby and I am honored to The review reported ‘‘significant concerns’’ honor Jacob Brent Martindale, Daniel Rama, pay tribute in this body of Congress, and be- about Maryland’s Social Services Adminis- Retha Mae Shirley, Zachary Zigich, and Bar- fore this nation to their sacrifice. tration and found numerous instances of ne- glect on the part of the state’s social work- tholomew Bailey, all dedicated, heroic, brave Though each of these young firefighters is ers. In nearly half of 163 cases randomly cho- individuals who selflessly sacrificed personal no longer with us, their impact will continue to sen for inspection, caseworker’s files showed safety, and ultimately their lives for the state of be felt in the lives of the many they touched that they had lost contact with the children Colorado and fellow citizens of our nation. I and remembered by the thousands they and their caregivers for anywhere from two honor the legacy of each fallen firefighter, and worked to protect. to 16 months. praise the accomplishments their selfless dedi- f Child advocates said that particular find- cation has brought to our country. ing was an unsettling reminder of the case of It is with great sadness that I recount the CONTINUING CRISIS IN FOSTER a 5-year-old Miami girl who was missing for lives of each, and express my condolences to CARE 15 months before caseworkers discovered that she was gone. their friends and family. Zachary Zigich, 18 ‘‘The degree to which we are at risk of re- years of age, was a resident of Twin Falls, HON. GEORGE MILLER peating [the Florida tragedy] is unconscion- Idaho; he was an athletically talented indi- OF CALIFORNIA able,’’ said James P. McComb, executive di- vidual who excelled in tennis, football, and IN THE HOUSE OF REPRESENTATIVES rector of the Maryland Association of Re- music. He was the middle child of two siblings, sources for Families and Youth, which made and the son of Mike and Angie Zigich. He was Wednesday, September 4, 2002 up of agencies that serve children. an emphatic individual who provided his fire- Mr. GEORGE MILLER of California. Mr. Maryland’s troubles are also a reminder of similar woes in the District, where the child fighting skills and services nobly to his com- Speaker, several weeks ago Los Angeles protection system has long been considered munity. County’s foster care system was sued by ad- one of the most dysfunctional in the nation. Jacob Brent Martindale, 20 years of age, vocates for children alleging that negligence, The Maryland audit included other, equal- was a resident of Boise, Idaho. His devotion to mismanagement, and abuse and neglect of ly disturbing findings pertaining to the agen- nature and environmental protection explains children are routinely committed by that agen- cy’s ability to keep tabs on the people en- his courageous dedication to firefighting. cy. More specifically, the suit charged that trusted with children’s safety and well-being. When not working, Jacob could be found in many thousands of foster care children with At one point, in the midst of conducting the the wilderness fishing, hiking, kayaking, and review, the audit team discovered that a behavioral, emotional, and psychiatric impair- child had spent 10 months in the care of a mountain biking. He was a wonderful friend to ments desperately need, but are not being foster parent whose criminal record includes many, and he graduated with honors from provided, medically necessary mental health, two sex offenses and an assault charge. After Centennial High School. behavioral support, and case management being notified by auditors, social workers Bartholomew Bailey, 20 years of age, was a services, as required by federal law. moved the child. resident of Corvallis, Oregon and excelled as When that lawsuit was filed on July 18th, I The case was later revealed to be part of a a skilled, knowledgeable firefighter. Although pointed out to Members of Congress that the broader problem: Files contained no evidence young in age, he surpassed all expectations allegations described in the lawsuit were not of mandated criminal background checks for and impressed his colleagues with numerous caregivers in 45 percent of the cases the unique to California. States across the country audit team reviewed. accomplishments. Bartholomew was noted as are failing children in foster care. Since that Lapses on the part of social workers also an exceptional vocalist participating in numer- time, officials in the District of Columbia have extended to the medical care that was sup- ous chamber chorale performances. Addition- confirmed that several foster care boys were posed to be provided to children. Basic ally, he was an exquisite performer on stage, sexually abused at various group home facili- health care, including doctors’ visits and awing crowds and packed theaters. ties, including one for mentally retarded foster psychiatric treatment, appeared to have Retha Mae Shirley, 19 years of age, was a children. Florida’s Department of Children and been neglected in one-third of the cases the auditors reviewed, and there was no evidence resident of La Grande, Oregon who had a Families acknowledged that in addition to its flare for exploration. Whether rain or shine, of dental checkups in the files of 68 percent inability to account for some 532 foster care of the children. Retha was a dependable asset and a key children, children have been placed in motels Moreover, there was no sign that 35 per- member of her firefighting team. Truly, her due to shortage of foster homes. cent of the children in state custody were at- death is an enormous loss to her peers, and In the following article in the August 22nd tending school. a saddening time for her friends and family. Washington Post, an audit of Maryland’s child In a written response to the audit, Mary- Retha was studying at the Oregon Institute of welfare system reveals that the state has lost land Secretary of Human Resources Emelda P. Johnson pledged improvement and said Technology’s nursing program, working with track of some foster care children for months steadfast determination toward her goal to be- local social services departments have been and failed to ensure proper health care. In one informed of the findings. Asked yesterday come a doctor. Her brother Jesse and parents case, a child spent 10 months in the care of about the findings in a telephone interview, Larry and Linda survive her. a foster parent whose criminal record included state social services officials blamed paper- Daniel Rama, 28 years of age, was a resi- two sex offenses and an assault charge. Just work problems for many of the short- dent of Baker City, Oregon, and lived his ex- as in Los Angeles, the Maryland audit also re- comings. istence to fight fires. Dan returned the pre- vealed that foster care children were routinely ‘‘The issue here is documentation, not vious evening from two extensive weeks of denied basic health care, including doctor’s whether something actually happened but whether it was in the folder,’’ said Linda E. ‘‘Fire Prevention Training.’’ Dan was an excep- visits, dental checkups, and psychiatric treat- tional student in school, and well respected by Mouzon, executive director of the Social ment. Services Administration. his peers. Although his family grieves his loss, We cannot continue to spend billions of dol- The audit, however, concludes that the they embrace the memories of joy and comfort lars on a system that does not provide what problem not only involves documentation he provided. Dan was a valiant firefighter, who children need to thrive, or in some cases, but also ‘‘raises significant questions about devoted his life toward the service of his com- even to survive. The government must require the actual monitoring and delivery of crit- munity. It is an honor to acknowledge some- greater accountability to ensure the health and ical services.’’ one of such great integrity and character. Several of the attorneys charged with rep- safety of every child in its custody. resenting the children’s interests in court Mr. Speaker, it is with a sincere heart, I The article follows: commend these five individuals as honorable agreed that the shortcomings are not merely [From the Washington Post, August 22, 2002] bureaucratic snags. leaders, patriots, and loyal, dignified service- ‘‘There’s no excuse for children in the AUDIT FINDS LAPSES IN MARYLAND CHILD men and woman of our firefighting community. state’s care to be living in the same condi- CARE—CONTACT LOST WITH CHILDREN; ONE It is with a heavy heart, we pay tribute to each tion that prompted them to be removed from PLACED WITH OFFENDER person who gave their life so selflessly for the their homes in the first place, but that’s great people of Colorado. I mention each of (By Matthew Mosk) what we’re seeing,’’ said Joan Little, who their names and achievements briefly, but in The Maryland state agency responsible for heads the child advocacy unit of the Legal truth, they each deserve more recognition than 12,000 orphaned, abused and neglected chil- Aid Bureau in Baltimore, which handles dren has lost track of some children for I can offer today. Each courageous firefighter more than 5,000 of the children’s legal cases months, failed to ensure proper health care each year. nobly surrendered their lives in defense of our and, in at least one case, entrusted a foster Little said she has personally witnessed nation’s forests, and I am honored to pay trib- child to a sexual offender, a comprehensive cases involving children whom the state ute and remembrance in this body of Con- review by the state’s Office of Legislative agency mistakenly placed in the homes of gress, and before this nation’s forests and Audits has concluded. criminal sex offenders and who then became

VerDate Aug<23>2002 06:00 Sep 06, 2002 Jkt 089060 PO 00000 Frm 00005 Fmt 0626 Sfmt 0634 E:\CR\FM\A04SE8.056 E05PT1 E1502 CONGRESSIONAL RECORD — Extensions of Remarks September 5, 2002 victims of sexual abuse. Though she refused have traditionally been considered public cans continue to support the families who lost to discuss the specifics of those cases, she health pesticides, such as consumer pesticide their mothers, fathers, sisters, brothers or said they were heartbreakingly real. products. friends. We need to ensure that their lives are ‘‘This is a significant and very real prob- FIFRA requires the EPA to consider threats lem, and it’s outrageous,’’ she said. not further devastated by losing the financial Child welfare attorney Jessica Rae had to public health in the registration and rereg- position they had before the attack. My legisla- several examples of her own. She recalled istration of public health pesticides. The statu- tion shows the victims that the United States checking up on a 4-year-old in state custody tory criteria used to establish ‘‘minor use’’ Congress continues to understand their great recently and being asked a chilling question eliminates many products from being consid- loss. The bill demonstrates that we are going by his foster mother. ered ‘‘public health pesticides’’. My legislation to treat the families of those who died in the ‘‘The woman said to me, ‘How would any- would correct this oversight. The effect of this attack fairly. We will make sure that the chil- one know that I don’t have him locked in the technical correction would be to treat all public dren of the victims grow up to be successful basement?’’’ health pesticides equally. Specifically, the leg- with faith that American values are unwaver- ‘‘It was a very disturbing thing to hear,’’ islation would make the provisions of the Rae said, because she knew the answer: No ing. one would know. The state social worker as- FIFRA applicable to a broader category of The Victim Compensation Fund must not signed to check monthly on the boy had not beneficial products. These products ensure offset the amount a family receives from So- been in touch for nearly six months. that the American public has the proper tools cial Security. My bill changes the statute to Advocates said that even routine respon- to protect themselves against disease. make clear that survivors’ benefits will not be sibilities, such as ensuring that children see We have been hearing recently about the offset by the Special Master. This will help en- dentists, have clearly been neglected. ‘‘Kids serious public health dangers of West Nile sure that this terrible loss will not result in de- come in here and their teeth are totally virus, but there are many insect and rodent brown,’’ Little said. ‘‘You don’t need an ex- creased standards of living or lost opportuni- borne illnesses and infectious diseases. Lyme ties for their children. pert to tell you they’re not getting care.’’ disease, Hantavirus, encephalitis, Rocky Mitchell Mirviss, a Baltimore lawyer who f argued a landmark case on child welfare in Mountain Spotted Fever, Colorado Tick Fever, Maryland 13 years ago, said deficiencies such Tick Borne Relapsing Fever and many others HONORING DR. MORRIS CHAPMAN as the ones described in the audit have not threaten the health of all Americans. In addi- OF THE SOUTHERN BAPTIST been as profoundly documented in more than tion, microorganisms such as E. Coli, Staphy- CONVENTION a decade. lococcus aureus, Listeria monocytogenes, and ‘‘You’re seeing results that are very alarm- numerous species of Salmonella, pathogenic ing,’’ he said. ‘‘It’s a strong confirmation of HON. BART GORDON mold, mildew and fungi pose serious threats to OF TENNESSEE what the attorneys who represent these kids public health. in juvenile court have been saying. The prob- IN THE HOUSE OF REPRESENTATIVES With insect borne disease on the increase in lems are serious and endemic.’’ Wednesday, September 4, 2002 Mouzon said advocates are exaggerating the United States, it is vital that EPA look at the problem. ‘‘Everybody knows of one or the benefits in all stages of the process for the Mr. GORDON. Mr. Speaker, I rise today to two cases where something went wrong. I’m products that protect the public from pests that recognize a milestone in the life and career of not going to say that’s not true,’’ she said. pose a threat to public health. Likewise, anti- Dr. Morris Chapman, the president and chief ‘‘But I would believe that the majority of microbial pesticides used against human executive officer of the Executive Committee our children are safe and are getting the best pathogens are vital to public health and bene- of the Southern Baptist Convention. On Octo- service possible.’’ fits of these products also should be consid- Though there are plans in place to improve ber 1, 2002, Dr. Chapman will be celebrating the system—such as an initiative to give so- ered by EPA. his 10th anniversary as a member of the Ex- cial workers hand-held computers that allow I look forward to working with my colleagues ecutive Committee of the Southern Baptist them to better document their visits with on this issue which is very important to public Convention. children—Mouzon said no action has come as health in the United States and across the The Mississippi native became a Christian a direct result of the auditors’ findings. globe. at the age of 7 and was called to preach at That response surprised many of the advo- f the age of 21. Dr. Chapman has received sev- cates, who began circulating copies of the eral college degrees, including doctorates of audit in July; it was released in May. Sharon SEPTEMBER 11TH VICTIM COM- Rubenstein, communications director at Ad- PENSATION FUND FAMILY BENE- ministry, sacred theology and divinity, and has vocates for Children and Youth, said that FITS FAIRNESS ACT been the pastor of several churches in Texas when she began reading it, her jaw dropped. and New Mexico. He has traveled extensively ‘‘It made me wonder, how can we rest as- HON. STEVE ISRAEL in the U.S. and abroad while spreading the sured that the kids in our system are safe?’’ word of God. And he has written several OF NEW YORK she said. ‘‘I don’t think that the audit should books about Christianity. IN THE HOUSE OF REPRESENTATIVES leave us sleeping well at night.’’ Dr. Chapman has received numerous f Wednesday, September 4, 2002 awards and citations for his work, including Mr. ISRAEL. Mr. Speaker, many of us will the Outstanding Young Man of America in REGARDING PUBLIC HEALTH travel to New York this Friday to pay homage 1973 and 1974 and Who’s Who in Religion in PESTICIDE BILL to the victims of last September’s terrorist at- 1977. He has also served on numerous civic tacks. Even more meaningful to the surviving boards and organizations. HON. BOB GOODLATTE families than traveling to New York will be this Dr. Chapman’s faith and his dedication to OF VIRGINIA House’s commitment to ensuring that victims’ serving people of all walks of life are truly in- IN THE HOUSE OF REPRESENTATIVES families will have the same opportunities they spirational. I cordially congratulate Dr. Chap- Wednesday, September 4, 2002 had before their loved one was killed. man for his tireless work in the ministry and After losing their sole source of financial his 10 years of serving on the Executive Com- Mr. GOODLATTE. Mr. Speaker, I would like support, many families are worried that they mittee of the Southern Baptist Convention. to introduce an important piece of legislation won’t be able to afford college or stay in the f that will help deal with the spread of insect, ro- neighborhood they have lived in for years. Be- dent and microbiological borne illnesses in the cause of an interpretation of the current laws IN RECOGNITION OF GLADYS United States. governing the Victim Compensation Fund, the BROWN MCFARLANE In 1996, Congress passed the Food Quality amount that each victim’s family will receive Protection Act which defined within the exist- will be lowered by the amount they will get in HON. ELIOT L. ENGEL ing Federal Insecticide, Fungicide and Social Security survivors’ benefits. My legisla- OF NEW YORK Rodenticide Act (FIFRA) the term ‘‘public tion, the September 11th Victim Compensation IN THE HOUSE OF REPRESENTATIVES health pesticide’’ to ensure that effective prod- Fund Family Benefits Fairness Act, permits Wednesday, September 4, 2002 ucts were readily available for the public’s pro- the victims and their families of the terrorist at- tection. However, an error was made as the tacks to receive the compensation we meant Mr. ENGEL. Mr. Speaker, today I would like legislation was being prepared whereby this to provide them when we passed the Victim to honor Gladys Brown McFarlane, known to definition was unintentionally limited to ‘‘minor Compensation Fund. many as Sister Brown, as she turns 100. She use pesticides’’ used by public health agen- Public support for the victims and their fami- is a remarkable woman for her devotion to her cies and does not incorporate products which lies has been consistent and heartfelt. Ameri- peers, community and country. I have known

VerDate Aug<23>2002 05:49 Sep 06, 2002 Jkt 089060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A04SE8.059 E05PT1 September 5, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E1503 her personally since we both moved into the threats to our national security, the overall to the future of our Nation, and to stand up same building in Co-Op City in November patriotic emotion in our great nation seems and say that America will triumph over the 1971. She truly is a selfless woman who to be fading. Following a tremendous, na- evil in our world. tionwide surge in patriotism in the few touches the lives of all whom she encounters. weeks following the original attacks, patri- f As a resident of Co-Op City for over 30 otic fervency has begun to dwindle. There- years, she continues to be active within the A TRIBUTE TO CHANCELLOR fore, it is evident that we must make every JAMES R. LEUTZE, UNIVERSITY Co-Op City Baptist Church. Not only does she effort possible to maintain and even further continue to attend services regularly, but she bolster this historic degree of patriotism. We OF NORTH CAROLINA AT WIL- has also served as a Deaconess, Usher and must secure full and unconditional support MINGTON a willing volunteer through her membership for by the American people for the government over 25 years. that represents them, and must assure all HON. MIKE McINTYRE Americans that the United States will sur- OF NORTH CAROLINA She has also assisted others as an Inhala- vive as a freedom-loving democracy for cen- tion Technician at Bellevue Hospital in New turies to come. IN THE HOUSE OF REPRESENTATIVES York City for over 20 years. If this wasn’t In order to achieve this end, it is clearly Wednesday, September 4, 2002 enough, Ms. Brown served in the Medical evident that we must utilize our greatest re- Section of the United States Army starting in source, the youth of America. By targeting Mr. MCINTYRE. Mr. Speaker, it is with great 1943 and was honorably discharged in Sep- this precious resource we can reach out to pleasure that I rise today and honor Dr. James tember 1945. Clearly, the compassion that the future of America by providing the youth R. Leutze, Chancellor of the University of of today with the ideals of patriotism and Gladys has for others has no boundaries. North Carolina at Wilmington. In June of 2003, love of country that they will most certainly Chancellor Leutze will retire after serving the In her spare time, Gladys is a member of need tomorrow. In being exposed to patriotic The American Legion, Co-Op City Post 1871 attitudes, today’s youth can lead the Amer- University for twelve years. and also enjoys traveling. In her many years, ica of tomorrow headstrong into the future James Leutze brought growth and pros- she has traveled extensively. I am sure that as the brightest beacon for hope and freedom perity to the Wilmington campus. He made a those whom she has met in her travels and that the world has ever seen. good university great. During Chancellor her comrades from the American Legion agree With the intention of instilling the ideals Leutze’s tenure, the University of North Caro- of patriotism and love of country in our Na- with me that the warmth and compassion she lina at Wilmington has seen increases in ad- tion’s youth, we must revert to the practice missions standards, the overall student body, has is hard to come by. of teaching citizenship in our nation’s Her determination and strong work ethic are schools. We must look beyond simply requir- and the average grade point average. His clearly inherent in Gladys’ character as at the ing a civics course in our high schools, and focus on educational growth has led to the age of 14 she migrated from the Montego Bay must look beyond the customary study of University achieving several high national in the British West Indies to the United States government in fifth grade classrooms. While rankings. These include the U.S. News and to live with an uncle residing in Harlem, New such education is necessary and very mean- World Report’s top ten regional undergraduate York. Today, she is the youngest and only liv- ingful, however, it is not adequate in and of public universities in the South for two years itself. Instead, we must saturate our edu- ing of four siblings. Despite this, her family still in a row and recognition by The Gourman Re- cational system with constant lessons in port as having one of the top five marine biol- extends far as she has a host of nieces and citizenship and patriotism, and must even nephews, legionnaires and comrades, friends, extend such citizenship education into the ogy programs in the nation. Furthermore, from neighbors, acquaintances and everyday admir- home. his distinguished position, Chancellor Leutze ers. The simple act of teaching patriotic songs has successfully raised awareness about envi- I am lucky to know Gladys and honored to in our schools, for example, would serve to ronmental and growth concerns in the South- come before you today on behalf of her 100th make youth better appreciate and value east. birthday. I firmly believe that I am a better per- their citizenship. Having schools lead stu- Chancellor Leutze championed the UNCW dents in the recitation of the Pledge of Alle- son for knowing Gladys and believe that ev- Marine Biology program, which now ranks giance each morning before classes begin and among the nation’s best programs. Moreover, eryone who comes in contact with her feels having students be responsible for ceremo- the same way as well. niously raising and lowering the flag each Chancellor Leutze was instrumental in ensur- f day would also augment the effort to in- ing the construction of Aquarius, an under- crease patriotic awareness in our nation’s water laboratory in Key Largo, Florida where RECOGNIZING VFW CONTEST schools. students and faculty conduct extensive re- WINNER BENJAMIN S. HAMPTON At home, parents should promote the adop- search regarding our oceans. In addition to his tion of behaviors of good citizens for all fam- hard work on the undergraduate level, Chan- ily members. Encouraging the entire family cellor Leutze is responsible for obtaining the HON. ERNIE FLETCHER to eat healthy, maintain good personal hy- OF KENTUCKY giene and to obey all rules would cause par- approval to offer a doctorate program in ma- IN THE HOUSE OF REPRESENTATIVES ents and children alike to realize their duty rine biology, which remains the University’s only Ph.D. program. Wednesday, September 4, 2002 in building a safer and healthier community. Furthermore, parents should emphasize the Chancellor Leutze was also dedicated to en- Mr. FLETCHER. Mr. Speaker, in this new duties of every citizen to fulfill their obliga- suring that all communities had access to the found era of patriotism, it is fitting that I recog- tions to serve on juries, pay taxes and serve latest technological advances, especially the nize in the CONGRESSIONAL RECORD the win- in the military. Such ideas are not new but Internet. Chancellor Leutze helped pave the ning essay of the 2001–2002 VFW Voice of have simply been removed from the national way for the Information Superhighway through spotlight. Now is the time to commit these Democracy Scholarship Contest, written by southeastern North Carolina via his work in Benjamin S. Hampton of Frankfort, Kentucky, behaviors to everyday practice. As Edwin C. Broome and Edwin W. Adams remind us in the development of two regional technology entitled ‘‘Reaching Out to America’s Future,’’ their Conduct and Citizenship, ‘‘Character is initiatives, as well as UNCW’s Global Virtual and included below. a nation’s strength. The nations of earth University. His dedication to technology was Since the horrific attacks of September 11, that, like the Roman Empire, have been acknowledged, as Chancellor Leutze was ap- the American people have undoubtedly expe- overthrown, were not defeated by outside en- pointed Chairman of the Rural Internet Access rienced a dramatic shift in patriotic senti- emies, but by their own failure to live up to Authority by the Governor of North Carolina. In ment. The attacks by the radical al-Qaeda high standards of national character.’’ addition to this esteemed honor, Chancellor terrorist network have caused Americans to Therefore, it is every citizen’s duty to not unite in defense of the ideals and principles only live up to such standards, but to instill Leutze also served on the North Carolina on which our nation was built. The very in our nation’s youth the importance of pa- Progress Board, the Government Performance rights guaranteed by the Declaration of triotism and citizenship in everyday life. It Audit Committee, and the Commission for a Independence and the Constitution came is our nation’s livelihood that relies on this Competitive North Carolina. under attack on September 11, and Ameri- commitment. In order to ensure that the Chancellor Leutze has earned the respect of cans have unified in an effort to protect United States remains the brightest beacon the administration, the faculty, and the stu- their freedoms and ensure that these rights for hope and freedom in the world, it is cru- dents for his dedication to ensuring that the cial that we reach out to the future of our will not be infringed upon. In doing so, they University of North Carolina at Wilmington will have displayed a steadfast patriotism and nation. We must educate the youth of today loyalty to our country unparalleled in nearly in the morals of patriotism and loyalty that continue to grow and thrive for years to come. all of history. they will need tomorrow. We cannot allow to We owe Chancellor James R. Leutze our Yet, as the weeks pass and the memories of be lost another opportunity to reinstate such sincere appreciation for his lifelong commit- September 11 are only worsened by the newer ideals. Now is the time to act, to reach out ment to education as evidenced by his work

VerDate Aug<23>2002 05:49 Sep 06, 2002 Jkt 089060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A04SE8.063 E05PT1 E1504 CONGRESSIONAL RECORD — Extensions of Remarks September 5, 2002 as a professor at the University of North Caro- CONGRATULATIONS TO MALLERY interest in political affairs. Young people lina at Chapel Hill, president at Hampton Syd- WATERS may be well-informed about the facts of gov- ney College, and chancellor at the University ernment, but engaging experience in real-life politics is so much more important. Partici- of North Carolina at Wilmington. And I thank HON. BARON P. HILL pating in student council and helping with a Dr. Leutze for his inspiration to me when he OF INDIANA local political campaign are much more tan- was my American History professor at the Uni- IN THE HOUSE OF REPRESENTATIVES gible than facts from a dull textbook. I think versity of North Carolina at Chapel Hill when hands-on experience in mock-government or- I was an undergraduate there. Wednesday, September 4, 2002 ganizations like Boys’ and Girls’ State is one May God bless him and his family, and may Mr. HILL. Mr. Speaker, it is my privilege to of the most beneficial of these activities for God bless the University of North Carolina at bring to the attention of the House my con- teens. What if more than only a handful of a high school’s students could have the oppor- Wilmington. stituent, Miss Mallery Waters of Clarksville, In- tunity to see first-hand how our government diana. Mallery is the national winner of the works? I think such a school-wide program f 2002 Voice of Democracy high school essay would spark an interest in government and IN RECOGNITION OF JOHN contest sponsored by the Veterans of Foreign political matters in many. If tangible political learning does not en- SHOEMAKER III Wars, and recipient of the $1000 Department of Maine Scholarship to ‘‘Remember the courage young people to participate in gov- U.S.S. Maine’’ Award. ernment, an overarching patriotism and HON. SAXBY CHAMBLISS sense of duty instilled by family must. Keep- Mallery, who is a senior being ing informed will not always be interesting, OF GEORGIA homeschooled, is a past winner of numerous but we must recognize it as our responsi- IN THE HOUSE OF REPRESENTATIVES essay contests, as well as an accomplished bility. Families have always taken the lead Wednesday, September 4, 2002 artist and gardener. She is the daughter of Mr. in instilling such values in young Americans, and Mrs. J. Scott Waters. Her winning essay, and they must continue to do so today. Par- Mr. CHAMBLISS. Mr. Speaker, I rise today ‘‘Reaching Out to America’s Future,’’ was ents should pass on the heritage of tradi- to commend and congratulate John Shoe- sponsored by VFW Post 1832 and its Ladies tional Biblical values and the sense of re- maker III for his many years of service to the sponsibility to God and fellow man. They Auxiliary in Jeffersonville, Indiana. must show us how to think for ourselves and city of Macon as well as the state of Georgia. It is my pleasure to include Mallery’s essay John’s community leadership and involvement formulate our own opinions. They must in the CONGRESSIONAL RECORD. have been invaluable in the areas of business, teach us to be diligent and informed voters REACHING OUT TO AMERICA’S FUTURE who vote not for the political party but for youth leadership, the arts, and many others. the best candidate. Their lives must attest John has been a tirelessly advocate to pro- (By Mallery Waters) to the importance of staying informed in po- mote business and industry in the Macon Before the recent terrorist attacks, I had litical matters and speaking out against community by serving on the Macon Chamber concluded that patriotism was on a sharp de- issues they consider harmful to themselves of Commerce Board of Directors and as Chair- cline in America. People stayed home on or their country. man of the Macon/Bibb County Convention Election Day, ignored the flag, and seemed Young Americans must remember that to generally avoid politics. Now flags wave freedom is so important that it was and still and Visitors Bureau. His hard work and dedi- defiantly across the country as signboards is something worth dying for. Being a con- cation have made him the recipient of the declare, ‘‘God Bless America.’’ But I wonder scientious U.S. citizen may require large Macon Convention and Visitors Bureau’s first if this newfound pride in country will con- amounts of work and inconvenience, but it is ‘‘Soul Provider’’ Award. tinue when things begin to settle down. Only worth it. A loss of our precious freedom as a John’s achievements and contributions be- then will we learn whether or not this trag- result of political apathy will bring so much yond business run deep. He has also been an edy truly affected the hearts of the rising more trouble down the road. America’s integral part in the advancement of the arts. In generation. For the participation of the citi- youth hold enormous trust in our hands. The recent surge of patriotism after the terrorist 2000, he received the Macon Arts Alliance zens of the future—the young adults, teens, and even unborn children—in the affairs of attacks should be our wake up call. May we Cultural Award. John has provided 10 scholar- this country will determine the future of realize the truth of President Kennedy’s ships for disadvantaged students at Perry America and the freedom it represents. I be- words, ‘‘Ask not what your country can do Players Summer Camp. He sponsored the lieve increasing interest in government and for you—ask what you can do for your coun- Warner Robins Women’s Theatre Season a sense of duty toward country are the foun- try.’’ dations of our participation. Project. John sent 40 students to the Alabama f Shakespeare Festival Production and 10 stu- When President John F. Kennedy said, dents to the Georgia Children’s Museum Sum- ‘‘Ask not what your country can do for you— RECOGNIZING SHERIFF LARRY D. mer Program. John made the initial donation ask what you can do for your country,’’ he SMITH demonstrated that patriotism is not an to the Riverside Ford Center for Youth Per- empty emotion. Instead, it is a call to ac- forming Arts. His support of Theatre Macon, tion. This call to action compels young peo- HON. DARRELL E. ISSA the Warner Robins Little Theatre, the Bleckley ple to participate in our government as to- OF CALIFORNIA County Arts Alliance, the Macon State College morrow’s politicians, civil servants, and in- IN THE HOUSE OF REPRESENTATIVES Drama Department, the Macon Little Theatre, formed citizens. Are we prepared or even Wednesday, September 4, 2002 the Macon Arts Alliance as well as several willing to properly fulfill these enormous re- sponsibilities? Mr. ISSA. Mr. Speaker, I rise today to rec- other theatres throughout our state have been ognize Sheriff Larry D. Smith of Riverside essential to the expansion of the arts. Sometimes I think that America is fol- lowing the road of the ancient republic of County California. Larry Smith was sworn in Community involvement has been a major Rome. The republic rose to power and pros- as Riverside County’s eleventh sheriff on De- part of John’s life. He serves on the Macon perity in part because of the diligence, hard cember 14, 1994. He has faithfully served the Cherry Blossom Festival Board of Directors. work, and moral character of its people. But people of Riverside as sheriff for the past 8 His longtime membership to the Macon as the Roman citizens focused increasingly years and to recognize this service the River- Kiwanis Club and the Macon Mayor’s Presi- on luxury and their own happiness, the vir- side County Board of Supervisors dedicated dent Club show his continued support to the tues that had made the republic strong rot- ted away. Eventually, they gave up much August 1, 2002 as ‘‘Larry D. Smith Day’’ in city. He has served as Chairman of the Macon Riverside County. Park and Recreation and Honorary Chairman freedom for security under the Caesars. As one of America’s young people, I believe Sheriff Larry Smith began his thirty-six years of the Sports Challenge for Cystic Fibrosis. that many of us care far more about happi- in law enforcement as deputy sheriff in the John’s accomplishments and contributions ness and prosperity than we do about our lib- Blythe Jail and Patrol Station. He has held over the years have been an extraordinary erties and freedoms. Relationships, cars, and each successive rank in assignments across service to his community and the state. Our music are physical items. Since freedom is Riverside County. His distinguished career in- nation needs more men and women like John. much more abstract, it often seems boring. cludes a variety of command assignments, in- I consider him to be a friend, and I am ex- We have never tasted a life without this free- cluding narcotics enforcement, information dom or the prosperity and representative tremely pleased to represent John in the 8th services, the jail, and the patrol station. Sheriff District of Georgia. Mr. Speaker, strong com- government we take for granted. But teens’ boring liberties actually allow us to enjoy Smith also served as the County’s Search and munities are the building block of a strong na- the physical things we do value. Rescue coordinator and commanded the de- tion. Therefore, I commend John Shoemaker Short of sending us overseas, one of the partment’s Emergency Service Team. for making our community and our nation a best ways to help teens appreciate being free In addition to being the Chief Law Enforce- better place. to participate in government is to encourage ment Officer for Riverside County he is also a

VerDate Aug<23>2002 05:49 Sep 06, 2002 Jkt 089060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A04SE8.065 E05PT1 September 5, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E1505 past board chairman and current board mem- Plan, we gave them the billions of dollars nec- nually for research and development of inno- ber of the Federal Los Angeles High Intensity essary to get their economy back on its feet vative technologies for sediment clean up. Drug Trafficking Area, a past president and following the Second World War. If not for our I am here, more specifically, to speak on current member of the Riverside County Law leadership in the NATO alliance, Germany behalf of the city of Waukegan in my district, Enforcement Administrators Association and would have suffered the same fate as the which was home to what many have called past chairman of the local and regional CAL– other Warsaw Pact countries—a harsh and the worst PCB (polychlorinated biphenyls) ID boards. In addition, Larry Smith served as cruel life under a Communist dictatorship. We contaminated site in the U.S. The city of Wau- President of the California State Sheriff’s As- have always supported Germany, throughout kegan lies fifty miles directly north of Chicago sociation until June 2002. all the difficulties of the Cold War and other on the west shore of Lake Michigan. In the Sheriff Smith has been recognized state- challenges they have faced. 1980’s Waukegan Harbor was designated an wide with numerous awards and commenda- Germany’s refusal to help us is really quite Area of Concern by the International Joint tions including: the Special Recognition Award unique. The vast majority of our true friends Commission on the Great Lakes. in 1996 from the California Narcotics Officer’s have been overwhelmingly supportive in the Association, the Outstanding Law Enforcement war on terror. Over the past year, we have Most of the contamination of Waukegan Officer Award in 1996 from Veterans of For- worked hand-in-hand with the intelligence Harbor took place over a 13-year period from eign Wars Department of California, the 1997 services of our moderate Arab allies to get the 1959 to 1973 at the Outboard Marine Corpora- Director’s Award for Partnership from the Cali- information we need to shut down terrorist tion (OMC) shoreline headquarters. OMC was fornia Department of Forestry and Fire Protec- threats around the world. Much of the intel- a recreational marine products manufacturer tion and the 1998 Professional of The Year ligence we used in our successful Afghanistan that used a fluid in their dye-casting machines Award from the California Peace Officers As- campaign came from our Arab friends and al- that contained PCBs. The PCBs were dis- sociation. lies. There has not been one incident where charged from two locations in the plant: one Mr. Speaker, on the occasion of the cele- our real friends have even suggested the idea directly into Lake Michigan and another into bration of Sheriff Smith’s career, I would like of not sharing intelligence with us. Waukegan Harbor. By the time the pumps to personally thank him for his thirty-six years The fact that Germany is now only willing to were shut down in 1976, the United States of service to the people of Riverside County provide information with strings attached is EPA approximated that 300,000 pounds of and wish him good fortune in the future. cause for alarm. Would we put up with this be- PCBs were discharged directly into the water havior from any of our other allies? It is time of Lake Michigan and an additional 700,000 f to bring some real pressure to bear on the were discharged on the OMC property. An av- GERMANY REFUSES EVIDENCE OF Germans. Germany needs to stop playing erage 9 to 10 pounds of PCBs were dis- 9/11 TERRORIST games and choose sides. charged into Lake Michigan daily. f Many different entities have taken part in HON. DARRELL E. ISSA the clean up of Waukegan Harbor, including: THE GREAT LAKES LEGACY ACT the US EPA, the Illinois EPA, the Waukegan OF CALIFORNIA Harbor Citizens Advisory Group and OMC, IN THE HOUSE OF REPRESENTATIVES HON. MARK STEVEN KIRK who set up a trust to help facilitate their por- Wednesday, September 4, 2002 tion of the harbor clean up. The clean up has OF ILLINOIS been successful to this point. The US EPA re- Mr. ISSA. Mr. Speaker, I rise today to ex- IN THE HOUSE OF REPRESENTATIVES cently stated in a new remediation study ‘‘that press indignation at Germany’s refusal to pro- Wednesday, September 4, 2002 the remediation at Waukegan Harbor success- vide evidence in the trial of would-be 9/11 ter- fully lowered concentrations of PCBs at the rorist, Zacharias Moussaoui. This past week- Mr. KIRK. Mr. Speaker, I rise today in site.’’ However, more corrective action is end, the German Justice Minister Herta strong support of H.R. 1070, the Great Lakes needed in Waukegan to remove the remaining Daeubler-Gmelin said that Germany would not Legacy Act introduced by Representative harbor contamination. release any evidence against Moussaoui un- VERNON EHLERS. Years of contamination due less they were assured that it would not be to industrialization on the shores of the Great The efforts thus far in Waukegan Harbor il- used to obtain a death sentence. He said that Lakes severely damaged these environmental lustrate one of the first Areas of Concern to German documents ‘‘cannot be used for the treasures. The Great Lakes Legacy Act of actually demonstrate environmental and eco- death penalty or for an execution.’’ The United 2001 is important to the region because it nomical benefits resulting from a cleanup. We States would either have to accept their terms commits federal resources to remediate con- cannot stop the momentum now and leave the or walk away empty-handed. tamination of lake bed sediments that plague job unfinished. In the face of this continuing terrorist threat the Great Lakes. Potentially, the Great Lakes Legacy Act will to our country, the Germans are trying to med- The Great Lakes are under assault: under enable the federal government to help remove dle in our justice system—giving us instruc- assault from industrial pollution, under assault the remaining impaired sediments from Wau- tions for how we should try a suspected ter- from alien species being introduced into the kegan Harbor, and delist the harbor within 18– rorist conspirator and mass murderer. What an lake, such as the Fish Hook Flea, the round 24 months. outrage! gobie, and the Zebra Mussel. The Great The last time I checked, Germany was sup- Lakes shores are also burdened by nuclear This bill would enable sites like Waukegan posedly an ally—a NATO ally, to be more spe- waste stored at scores of sites around the re- Harbor, in the process of cleaning up, the cific. In fact, right after denying us this critical gion: in my district nuclear waste sits less than chance to continue their efforts to complete evidence, Dauebler-Gmelin labeled U.S.-Ger- a hundred yards from the shore of Lake Michi- the job and for others to begin cleaning up man relations ‘‘good and trustful.’’ Yet the Ger- gan. contaminated sites. This act would empower mans apparently have no qualms about using Currently, there are 43 AOCs, or Areas of communities, such as Waukegan, to redevelop life and death information to make a dispar- Concern, in the U.S. and Canada surrounding areas that before had little hope of an eco- aging comment on our justice system. My the Great Lakes that require sediment remedi- nomical rebirth. A revitalized Waukegan Har- message to the Germans is simple: let us de- ation according to the U.S./Canadian Inter- bor offers the city a chance to reach its eco- cide what we do with our mass-murderers and national Joint Commission. It is important to nomic potential that was never before pos- terrorists. If you are a true friend and ally, give note that, to date, NO AOC in the U.S. has sible. us the tools to provide security for our own been cleaned up sufficiently to be de-listed. I would like to thank the many groups, pri- people. The Great Lakes Legacy Act of 2001 au- vate and governmental, which have helped in What really bothers me about this is that the thorizes the Environmental Protection Agency this effort to clean the contaminated sediments very existence of modern Germany is due to (EPA) through the Great Lakes National Pro- in Waukegan Harbor. Also, I would like to our unwavering support for them during the gram Office to carry out projects to remediate thank Rep. EHLERS for his leadership on this Cold War. In the face of a mounting Soviet contaminated sediment or prevent further con- important issue. I urge my colleagues to sup- threat against Germany, we provided them tamination in the Great Lakes region. This bill port The Great Lakes Legacy Act, because it with military protection, food supplies, and de- authorizes $50 million a year in fiscal 2003– offers a healthy environmental and economic velopment assistance. Under the Marshall 2007 for remediation plans and $2 million an- future to communities such as Waukegan.

VerDate Aug<23>2002 05:49 Sep 06, 2002 Jkt 089060 PO 00000 Frm 00009 Fmt 0626 Sfmt 0634 E:\CR\FM\A04SE8.069 E05PT1 E1506 CONGRESSIONAL RECORD — Extensions of Remarks September 5, 2002 INSTALLATION OF W. CLOYCE HOMELAND SECURITY ACT OF 2002 DHS, while leaving a bureau of immigration ANDERS AS PRESIDENT OF THE services in the Department of Justice. I also INDEPENDENT INSURANCE SPEECH OF think it’s right that the bill moves only the agri- AGENTS & BROKERS OF AMER- HON. MARK UDALL cultural import and entry inspection functions ICA OF COLORADO of the Animal and Plant Health Inspection IN THE HOUSE OF REPRESENTATIVES Service into the new department, while leaving the rest of the service—including the unit that HON. WALTER B. JONES Friday, July 26, 2002 investigates chronic wasting disease and other OF NORTH CAROLINA The House in Committee of the Whole possibly contagious diseases—intact. I believe House on the State of Union had under con- this same model should apply to the Federal IN THE HOUSE OF REPRESENTATIVES sideration the bill (H.R. 5005) to establish the Emergency Management Administration, or Wednesday, September 4, 2002 Department of Homeland Security, and for FEMA, which this bill would move as a whole other purposes: into the new department. While it may seem Mr. JONES of North Carolina. Mr. Speaker, Mr. UDALL of Colorado. Mr. Chairman, I that FEMA—as the central agency in charge I rise today to commend a fellow North Caro- rise in support of this bill. I do have some con- of disaster response and emergency manage- linian, W. Cloyce Anders of Raleigh, who will cerns about it, but I think it deserves to be ment—should constitute the heart of the new be installed as President of the nation’s larg- passed. DHS, FEMA is primarily engaged in and espe- est insurance association—the Independent I am united with my colleagues and with the cially effective at responding to natural haz- Insurance Agents & Brokers of America President in a shared determination to win the ards. This bill should leave FEMA outside the (IIABA)—later this month in New Orleans. He war against terrorism. We must do everything new department, or at a minimum transfer its is president of VFIS of North Carolina and we can to reduce the risks of further attacks. Office of National Preparedness to the new Anders, Ireland & Marshall, Inc., both of Ra- I believe we must reorganize our government department, while leaving FEMA’s Disaster leigh as well as a managing partner of Inde- to meet that goal. Response and Recovery and Mitigation Direc- pendent Agency Services, LLC, of Durham. What we have chosen to take on in the torates intact. I voted today to leave FEMA His career as an independent insurance aftermath of September 11th is an enormous outside the new department because I fear agent has been marked with outstanding serv- task, the largest reorganization of the govern- FEMA’s current mission and focus will be lost ice and dedication to his clients, community, ment in half a century, a total rethinking of in the new bureaucracy we are creating. IIABA, the Independent Insurance Agents of how we approach security. We need to plan I am hopeful that the President will continue North Carolina (IIANC), and his colleagues for the protection of all domestic people, to work with the Congress to make sure the across the country. places, and things. We need to fundamentally agencies moved to the new Department will Cloyce was elected to IIABA’s Executive restructure our government to be more re- be supported in their many other important du- Committee in September 1997 and was hon- sponsive to terrorism. ties even as they focus anew on their security ored by his peers when they named him This is a tall order. Homeland security has roles. President-Elect last fall in Honolulu. always been an important responsibility of I have other concerns aside from the organi- Federal, state and local governments. But in zation of the agency. His service to his peers began with his in- the aftermath of the terrorist attacks, the The bill includes language that denies basic volvement at the state level with IIANC. He scope of this responsibility has broadened. civil service protections for the federal workers served as IIANC president for a year begin- The bill before us has much in common with who would be transferred to the new depart- ning in 1989 and represented the state on a report that we received just last year from a ment. While I am encouraged by the passage IIABA’s National Board of State Directors from commission headed by former Senators Gary of two amendments that slightly improve the 1992–1997. In recognition of his outstanding Hart of Colorado and Warren Rudman of New bill’s language in these areas, I remain fearful service, he was honored by IIANC as the Hampshire. The report recommended sweep- for the 170,000-plus employees of the new Agent of the Year, Young Agent of the Year, ing changes, including the establishment of a DHS whose jobs this bill would put at risk in Educator of the Year and Committee Chair- Department of Homeland Security. an attempt to give the President ‘‘flexibility’’ to man of the Year. I have reviewed the commission’s report manage in a ‘‘war-time’’ situation. That’s why Cloyce also is a concerned and highly ac- carefully and discussed it with Senator Hart, I voted for amendments to preserve collective tive member of his community. He has served and I have been impressed with the sound- bargaining rights, whistleblower protections, as president of several community organiza- ness of the report’s recommendations. I have and civil service rules that have protected ca- tions, including the Craven County Chamber also cosponsored two bills dealing with this reer employees for over 75 years. I don’t be- of Commerce, New Bern Jaycees, Craven subject. lieve we should use the creation of a new de- County Committee of 100; and as chairman of So I am glad that the President has come partment as an excuse to take away these the Salvation Army Craven County Board, to agree that a new Department of Homeland protections—protections that Congress en- Craven County March of Dimes, Craven Security is necessary. acted so that we could attract the very best to County Heart Fund, Craven County Cancer The question we face today is whether the government service. Taking away these pro- Drive, Craven County Committee of 100, and bill before us is up to the challenge. Will this tections now signals that we don’t value our Salvation Army Building Fund Drive. bill actually make the American people safer? federal workers, their hard-won rights, or the He is a member of the North Carolina Fire I’m not entirely certain. I believe this bill gen- integral role these workers will continue to & Rescue Commission and is the facilitator for erally heads in the night direction, but it still play as part of the new department in the fight the Wake County Fire Commission. He also is contains a number of troubling provisions. against terrorism. chairman of the North Carolina Safety Work- One concern I have is that in our rush to I also supported an amendment striking the ers Compensation Fund. create this new department, we may be as- overly broad exemptions in the bill to the Free- sembling an unwieldy bureaucracy instead of I am proud of Cloyce’s professional and dom of Information Act, or FOIA, which was a nimble department that can be quick to re- community-service accomplishments and designed to preserve openness and account- spond to the challenges at hand. The pro- know he will serve his fellow agents with dis- ability in government. The bill includes a provi- posed department’s size, cost and speed may tinction and strong leadership to further the sion excluding information voluntarily sub- well hamper its ability to fight terrorism. We worthy and noble cause of independent insur- mitted to the new department from requests need to recognize that no department can do ance agents and brokers. I bid him a success- for disclosure; it would also preempt state dis- everything. Homeland security will be the pri- ful year as president of the Independent Insur- closure laws. FOIA does not require the dis- mary responsibility of the new department, but ance Agents & Brokers of America. closure of national security information, sen- it will also continue to be the responsibility of sitive law enforcement information, or con- Mr. Speaker, Cloyce Anders was a good other departments, of states and local govern- fidential business information, which makes friend of my father, the late Congressman ments, and of all Americans. the exemptions to FOIA in this bill unneces- Walter B. Jones, Sr., who served twenty-six It’s also true that many of the agencies that sary in my view. years in this body. Cloyce has extended that will be subsumed by this new department I think that these parts of the bill will need same friendship, for which I am grateful. have multiple functions, some of them having to be revised, and I will do all I can to improve I wish him and his lovely wife, Carole, all nothing to do with security. That’s why I think them. the best as IIABA President and First Lady. it’s right that the bill abolishes the INS and in- There is one provision we debated today Congratulations Cloyce and Carole. cludes its enforcement bureau in the new that I do think should remain in the bill. Last

VerDate Aug<23>2002 05:49 Sep 06, 2002 Jkt 089060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A04SE8.072 E05PT1 September 5, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E1507 year, I strongly supported the airport security League Baseball’s 73rd All-Star Game. Among Louis Cardinals baseball team during their hey bill because I believed then—as I do now— them, in centerfield, was Torii Hunter of the day’s of the 1940’s. Known as one of the that we must protect the public from a repeti- Minnesota Twins. The crowd’s eyes were fixed ‘‘Gashouse Gang,’’ Country batted .300 for his tion of terrorist hijackings. One key part of that on him because he is known to be a show career and had almost as many triples (148) is to have baggage screened to safeguard stopper, but my eyes were fixed upon him be- as he had home runs (169). His most memo- against explosives being smuggled aboard air- cause he is from Pine Bluff, AR, in the heart rable moment came in the 1946 World Series, planes in checked luggage. of my own district. when he rounded the bases from first on a But today I voted to extend the baggage In the first inning with two outs and nobody routine single to score the Series winning run. screening deadline established in the airport on base in a scoreless game, the crowd was The ‘‘Mad Dash’’—as it came to be known— security bill because it doesn’t make sense to aching for some action. Soon San Francisco’s may have been his finest moment on the field, me to mandate a deadline that clearly is im- Barry Bonds stepped up to the plate. Hunter but often forgotten and much more appre- possible for a quarter of airports in this country took a few steps back. With a 3-0 count, ciated by his fellow Americans was his service to meet. It has been clear for some time that Bonds lashed a fast-ball deep into center field. to our country in World War II during the although 75% of airports would be able to Hunter raced to the back wall, waited, and height of his career. Country was inducted into meet the December 31st deadline, 25% of this timed his jump perfectly to catch the ball well the Hall of Fame in 1985 and returned annu- country’s largest airports would not. Denver above the fence. The crowd erupted into ap- ally for the induction ceremonies until his International Airport (DIA) is among those air- plause. health prevented his attendance this year. ports still waiting for the Transportation Secu- After the game Hunter said ‘‘I grew up in Ar- Former teammate Marty Marion called Slaugh- rity Administration (TSA) to approve its secu- kansas and the All-Star Game is one every- ter, ‘‘. . . a good old country boy who just rity plan. body got to watch on TV. I just want to make loved to play baseball.’’ Country will be sorely DLA has developed its own plan that would the people of my hometown proud. To make missed. About the same time Enos was called employ a baggage-screening system that a catch against a Hall of Famer on national home, a new generation of North Carolina costs approximately $85 million to implement, TV, this is one I’ll always remember.’’ baseball players were reaching the pinnacle of versus $130 million for the system currently Some might have been surprised by Torri youth sports—The Little League World Series. approved for use in the U.S. The bill before us Hunter’s outstanding performance at the All During the months of July and August, a tal- today allows TSA to incrementally address in- Star game, but his teammates certainly were ented group of 11 and 12 year olds from the dividual airport requirements like DIA and ac- not. Hunter’s breakout performance in 2001 Southwest Forsyth County Little League swept commodate new technology improvements. was one of the main reasons the Minnesota through the North Carolina Little League Tour- I am a cosponsor of legislation that would Twins battled for first place until the final nament, defeating Greenville to become State extend the deadline because I believe DIA will weeks of the season. A first-round draft pick in Champions. Then, at the Southeast Regional be able to provide a better, more cost-effective 1993, Hunter has been one of the better de- Championship, the All-Stars ran their winning baggage screening system than the current fensive center fielders in baseball for several streak to 13 by tearing through the competition TSA-approved model given a bit more time. seasons but he became an offensive threat in Florida and defeating the Virginia State So I am pleased that this bill includes an ex- last season, hitting 27 home runs, 32 doubles, Champions to earn their tickets to Williams- tension on the baggage screening system. and knocking in 92 runs. His defense in center port, Pennsylvania. They are only the third In summary, I am pleased that this bill field didn’t suffer either; he was awarded his team in North Carolina to reach the World Se- echoes the overall approach of the Hart-Rud- first Gold Glove Award during the 2001 sea- ries in the event’s fifty-six year history. man report recommendations. I am also son. Upon reaching Williamsport, Southwest was pleased that the bill includes important Hunter’s impressive career got its start in thrust into the international spotlight, living Science Committee contributions, such as the South Arkansas. Hunter is a 1993 graduate of side-by-side with Venezuelans, Saudi’s, and one establishing an Undersecretary for Pine Bluff High School where he played base- Russians, as well as Californians and Texans. Science and Technology in the new depart- ball, basketball, football and track. He was In the pool play competition, Southwest put up ment, as well as provisions I offered in the named first team All-State his junior and sen- a valiant effort in each of its three games, the Science Committee markup requiring the new ior seasons and played on the South squad in third of which was a loss to eventual world department and NIST to engage in a system- the 1992 Junior Olympics. Hunter was se- champions Louisville, Kentucky. Even though atic review and upgrading of voluntary con- lected to the High School National Team by the won-loss record does not reflect it, the tal- sensus standards. I believe it is important that USA Today, the All American Team by Base- ent and effort put forth by these young men the bill includes a provision reaffirming the ball America, and was named Gatorade’s Ar- far exceeded the expectations of coaches and Posse Comitatus Act, which prohibits the use kansas Player of the Year in 1993. parents and in the category of sportsmanship, of the armed forces for civil law enforcement. Mr. Hunter is not only an amazing athlete, Southwest is an undisputed champion. These And it is important that the bill prohibits the but an amazing husband, father and volunteer. 13 ‘‘Boys of Summer’’ now share a bond that government from implementing the proposed He and his wife, Katrina Hall Hunter, have one will be with them for the rest of their lives— ‘‘Operation TIPS,’’ an Orwellian program under son, Torii Jr. Hunter also designates his time and stories of their on-field heroics from the which designated citizens would be trained to and effort in support of Big Brothers & Big Sis- Summer of 2002 will grow with each passing look for and report suspicious behavior on the ters of Minneapolis and St. Paul. Through his year into legends like those of Country part of their fellow citizens. inspiring career, and his selfless actions, Torii Slaughter’s ‘‘Mad Dash.’’ Despite the problems in the bill, I am voting Hunter has indeed made the people of his Of course the success of Southwest would for it today because I remain committed to a hometown proud. not be possible without the unwavering sup- strong, effective Department of Homeland Se- f port of parents, who sacrificed hours of family curity. I am hopeful that the problematic issues and work time to shuttle the players to and I highlighted and other concerns will be suc- HONORING ACCOMPLISHMENTS OF from practices and tournaments; of coaches, cessfully addressed in the conference com- NORTH CAROLINIANS who also sacrificed time away from their fami- mittee. lies and jobs to teach these young men about f HON. RICHARD BURR baseball, and more importantly, the things the OF NORTH CAROLINA game teaches us about life and our responsi- IN HONOR OF TORII KEDAR IN THE HOUSE OF REPRESENTATIVES bility to others, be they teammates, class- HUNTER mates, family members or society as a whole. Wednesday, September 4, 2002 Also, league organizers and sponsors, who for HON. MIKE ROSS Mr. BURR of North Carolina. Mr. Speaker, I the past three decades have given the chil- OF ARKANSAS rise today to honor the accomplishments of dren of Southwest Forsyth county a place to IN THE HOUSE OF REPRESENTATIVES some fellow North Carolinians who, during the spend their Springs and Summers in a com- recent District Work Period, brought great petitive, safe and constructive atmosphere to Wednesday, September 4, 2002 honor to our State. learn our Nation’s pastime. Each of these Mr. ROSS. Mr. Speaker, on July 9th, 2002, Shortly after we returned to our respective young men, have, at one time during this in Milwaukee, Wisconsin nine of the Nation’s Districts, North Carolina lost one of its most memorable ride, given the people of Forsyth top professional baseball players walked onto famous athletes, Enos ‘‘Country’’ Slaughter. County and North Carolina something to cheer the field at Miller Park as the starting lineup Born in Roxboro, just south of the Virginia about, so it would be only fitting to recognize for the American League’s team at Major State line, Country went on to star for the St. all of them:

VerDate Aug<23>2002 05:49 Sep 06, 2002 Jkt 089060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A04SE8.075 E05PT1 E1508 CONGRESSIONAL RECORD — Extensions of Remarks September 5, 2002 Chad Gentry, Robbie Scott, Daniel Genung, committee chairman Steven Solarz. As you lence in Kashmir makes the hatred recently Austin Dillon, Christopher Sanders, Alex Rob- may remember, Chairman Solarz was a fer- seen in Gujarat more likely, and in a per- ertson, Scott Riggsbee, David Morgan, Mi- vent defender of India. verted sense, more ‘‘respectable’’, or at least Mr. Hathaway’s article is called ‘‘Charity acceptable. Perhaps, it does not go too far to chael DeLuca, Sammy Lucas, David McCon- assert that until the Kashmir sore is at last nell II, Taylor Russell, and Peyton Covington. . . . or Terrorism?’’ It exposes the rise of ter- healed, the poison that produced Gujarat Manager: John Scott, Coach: Chuck DeLuca, rorism in India and how charitable contribu- will make other Gujarats increasingly like- Coach: Mark Wylam. tions from Indian-Americans support it. In his ly. Mr. Speaker, August saw the passing of the article, Mr. Hathaway writes, ‘‘substantial sums Some Indians, of course, say that the trag- baseball torch in North Carolina: from one who of money are sent from Indians resident in the ic events in Gujarat are a domestic Indian made the sport what it is to those who will U.S., and from American citizens of Indian ori- affair, and that the United States and the rest of the world have no business intruding make it what it will be. I join all North Caro- gin, to groups and organizations in Gujarat into a purely internal Indian matter. This is linians in mourning the passing of Enos and elsewhere in India that are directly linked a self-serving falsehood. Important American Slaughter, but celebrating the accomplish- to the violence in Gujarat.’’ He also writes that interests, including the global war against ments of the Southwest Forsyth County Little ‘‘respected Indian journalists have uncovered terrorism, can be directly impacted by what League. It thrilled us all to see the ideals of disturbing linkages.’’ These transactions could the U.S. says—and fails to say—about Guja- sportsmanship and team camaraderie Enos raise issues of fraud and they appear to vio- rat. believed in being carried forward by North late U.S. antiterrorism laws. At this particular moment in history, the We must not allow money from the United U.S. cannot allow the impression to take Carolina’s new Boys of Summer. We caught a hold that Americans somehow value a Mus- glimpse of the potential each of these boys States, even in the form of private contribu- lim life less than the life of a person of an- possesses, both as athletes and ambassadors tions, to be used in support of terrorism. In other religion. Sadly, there are those in the of our State. We thank them for a Summer full that case, President Bush should act. After Islamic world who assert that the present of memories and look forward to watching September 11, the President froze the assets conflict is a war directed not against ter- them grow and prosper as productive citizens of charities involved in supporting the terrorist rorism, but against Islam. That the U.S. does of our community. network that attacked the World Trade Center not care about Muslims. That Washington seeks to hijack the tragedies of 9/11 to carry f and the Pentagon. Similar action should be taken to freeze any American assets of char- out long-held plans to repress the Islamic world. These are detestable lies, but many in IN TRIBUTE TO OFFICER MICHAEL ities involved in the violence and terrorism in BARWICK the Muslim world are prepared to believe India. And contributions from U.S. residents to them. So leaving aside the moral issue, it is those charities’ offices in India should ex- essential that India’s friends in the U.S. HON. RICHARD A. GEPHARDT pressly be prohibited. America should also speak out to condemn the injustice and ha- OF MISSOURI stop its aid to India until it stops repressing the tred so prominently displayed in Gujarat, and to lend support to those Indians, of all IN THE HOUSE OF REPRESENTATIVES minorities, sponsoring cross-border terrorism against Sindh and other neighbors, and until it religious beliefs, who are working to Wednesday, September 4, 2002 strengthen the forces of secularism, toler- allows self-determination for all the people and Mr. GEPHARDT. Mr. Speaker, August 29, ance and multiculturalism. Some have asked nations seeking freedom from India. what impact the recent events in Gujarat 2002, was a sorrowful day for our community. Mr. Speaker, I would like to put Mr. Hatha- will have—should have—on the new and St. Louis Police Officer Michael Barwick died way’s article into the RECORD at this time. It healthier relationship that the U.S. is devel- that day when his police cruiser collided with shows Indian terrorism in great detail. oping with India. No one needs to be re- another vehicle and caught fire. This fine [From the Hindu, Aug. 8, 2002] minded of the tortured history of U.S.-India relations over the years, or the difficulty the young officer was performing his duty to pro- CHARITY ... OR TERRORISM? tect and serve the citizens of St. Louis when two nations have had in working collabo- (By Robert M. Hathaway) ratively with one another, even on those the fatal crash occurred. It is probably advisable for the American Officer Barwick attained his lifelong dream issues where our purposes and interests ran Government to hold an official inquiry into along parallel tracks. of becoming a police officer just two years fund-raising in the U.S. by groups implicated Over the past half dozen or so years—and ago. He loved his work and was committed to in the Gujarat violence. notwithstanding the temporary if traumatic helping people in trouble; this devotion was TERRORISM COMES in many guises. An jolt to the relationship administered by In- evident to all who knew and worked with him. armed assault against Parliament House in dia’s 1998 nuclear tests and subsequent impo- He was 27 years old. New Delhi. A suicide bomber detonating high sition of U.S. sanctions—Washington and Officer Barwick was not a police officer to explosives in a crowded bazaar. Political as- New Delhi have begun to construct a quali- sassination. Angry young men flying com- become rich or to work easy hours. He tatively better relationship, so much so that mercial aircraft into the World Trade Cen- the Prime Minister, Atal Behari Vajpayee, worked long hours, in many dangerous situa- ter. And, yes, hate-consumed mobs butch- has come to describe the two countries as tions, for a very modest salary. He joined the ering innocent women and children. The peo- ‘‘natural allies’’, a phrase increasingly used St. Louis Metropolitan Police Department out ple of India need no instruction from for- by Americans as well. of a sense of duty to his community and his eigners regarding the moral issues raised by Following the trauma Americans experi- belief that he could make a difference. This this spring’s communal violence in Gujarat. enced on September 11, India was one of the belief was reflected in the way he conducted Except for an embittered but fortunately first countries in the world to step forward himself on and off the job. minuscule minority, Indians of all religions with a pledge of unconditional and and beliefs reacted with horror and disgust unambivalent support for the U.S. in its Mr. Speaker, all of us are affected by the to the great human tragedy that unfolded in quest to bring to justice those responsible loss of this good and decent man, and the en- their country earlier this year. for the terror attacks in New York and tire St. Louis community grieves with his fam- All those who admire Indian culture and Washington. The administration of George ily. His bravery and dedication to others won’t accomplishments, who celebrate the extraor- W. Bush, already keen to upgrade relations be soon forgotten, and we are grateful to have dinary progress India has achieved in its still with Delhi, took notice. Prior to the Feb- had him among us. brief national existence, understand that the ruary 27 Godhra attack that touched off the tragedy of Gujarat strikes at the very es- bloodshed in Gujarat, this new and more san- f sence of India’s being and promise. The as- guine relationship between the U.S. and PRO-INDIAN CHARITIES SUPPORT sassination earlier this year of Abdul Gani India was widely viewed by Americans as in TERRORISM Lone, who opposed Indian rule in Kashmir the national interest. it remains so today; but who in his final years had come to the Gujarat has not changed this calculation. realisation that violence and extremism And yet, it is neither possible nor practical HON. EDOLPHUS TOWNS offer Kashmiris no way out in their struggle simply to pretend that Gujarat did not hap- OF NEW YORK with New Delhi, represented another blow to pen. The violence in Gujarat, and the steps the ideals of tolerance and moderation, an- IN THE HOUSE OF REPRESENTATIVES the Indian Government might take in com- other triumph for the forces of hatred and ing months in response to those events, Wednesday, September 4, 2002 sectarian-based violence. In this sense, the could have a significant impact on American Mr. TOWNS. Mr. Speaker, on August 8 tragedies of Gujarat and of Kashmir are in- views of India, and hence, on political and extricably linked. public support in the U.S. for a close and col- there was a very significant article in the In- Kashmir was certainly not the cause of Gu- laborative U.S.—India partnership. dian newspaper The Hindu. It was written by jarat. Sadly, the seeds of Godhra and Credible reports have recently suggested Robert M. Hathaway, whom many of us know Ahmedabad and Baroda spring from still that substantial sums of money are sent as a former aide to former South Asia Sub- more ancient soils. But the continued vio- from Indians resident in the U.S., and from

VerDate Aug<23>2002 05:49 Sep 06, 2002 Jkt 089060 PO 00000 Frm 00012 Fmt 0626 Sfmt 0634 E:\CR\FM\A04SE8.078 E05PT1 September 5, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E1509 American citizens of Indian origin, to groups world. Mardy took to the trail with Olaus, set- Mary began her professional singing career and organizations in Gujarat and elsewhere ting up field camps and assisting with data at age fourteen. Her first job was at the Elks in India that are directly linked to the vio- collection and photography. Olaus completed Club at 15th & Q St; NW. Her mentors were lence in Gujarat. I do not know if these ac- many paintings of the settings they traveled in. counts are true. But respected Indian jour- Duke Ellington, Big Maybelle and was taught nalists have uncovered disturbing linkages. Camping from the Yukon Territory to the tap dancing by band leader Lionel Hampton. If these reports prove accurate, then it is Teton Range, they raised three children. The She danced in the chorus line in the Caverns, possible that such financial transactions vio- family eventually settled in Jackson Hole, Wy- performed in jig shows and did interpretive late U.S. anti-terrorism statutes. oming. It was then they traveled frequently dancing to such tunes as ‘‘Smoke Rings’’. She Alternatively, issues of fraud may be at back to Alaska to live and also to Washington, also performed in such clubs as Melody Inn, issue. Responsible sources report that some D.C. to speak out for conservation issues and Turner’s Arena, Boots and Saddle, Off Beat U.S. residents make financial contributions wilderness preservation. During their travels, and the Republic Gardens. Virgin Mary ‘‘Jef- to overseas religious groups in the belief both Mardy and Olaus began to notice the im- ferson’’ Paige graced the stages on the local that these funds are to be used for religious pact that the spread of human habitation had or humanitarian purposes, when in fact the club scene for 60 years. As an actress she monies so raised are, used to promote reli- on the natural world; they saw large areas of performed in film, television, commercials and gious bigotry. wild land begin to disappear. won an Emmy for the documentary ‘‘7th and In either event, it is probably advisable for Over time, their commitment to natural area T.’’ Mary traveled with a group of Washington the American Government to hold an official preservation increased. Even after Olaus’ DC jazz and blues singers to perform at the inquiry into fund-raising in the U.S. by death in 1963 the commitment they shared San Remo Blues Festival in Italy. She was groups implicated in Gujarat violence, to en- never wavered. He is still remembered as one aptly called the ‘‘Queen of DC Blues’’. sure that U.S. laws are not being violated. of the most important naturalists and environ- Her loyal fans and admirers mourned the Legitimate organizations need not fear such mentalists of this century. Mardy herself has loss of this great artist on August 10, 2002. an investigation, which would serve to clear become the elder stateswoman for the entire their names and reassure potential donors Her contribution to the development of the about the legitimacy of their fund-raising U.S. conservation movement. Washington jazz and blues scene will not be activities. Nor would such an inquiry be new Though Mardy lives today in Moose, Wyo- forgotten. ming, her spiritual home remains in Alaska. or unusual. The U.S. has acted in the past to f regulate or even to band fund-raising activi- She still travels to Washington frequently and ties by groups advocating violence and eth- visitors to her home include a Who’s Who in TRIBUTE TO MR. AND MRS. GENE nic or religious intolerance in other coun- the conservation movement. Though she SAPP OF HUNTSVILLE, ALABAMA tries, as well as activities where fraud may speaks more softly these days and doesn’t be an issue. Since September 11, both the pick up her pen to write as often, she con- HON. ROBERT E. (BUD) CRAMER, JR. Bush administration and other Governments tinues to read the many letters she receives OF ALABAMA have shut down a number of groups whose os- and to invite people to her home. Her home tensible purposes were to collect funds for IN THE HOUSE OF REPRESENTATIVES serves as a Mecca for the conservation move- Muslim charities, but which actually served Thursday, September 5, 2002 to finance terrorist networks. ment, hosting the Murie Center, an organiza- The Gujarat violence, Lone’s assassina- tion dedicated to the conservation movement. Mr. CRAMER. Mr. Speaker, I rise today to tion, and most recently, the designation of The Center’s purpose is to develop new con- recognize two very special members of the L.K. Advani as Deputy Prime Minister and stituencies for wilderness and to foster fresh North Alabama community, Mr. and Mrs. Gene most likely successor to Mr. Vajpayee have thinking and sustain confidence in the con- Sapp. Gene and Pat Sapp are the deserving all raised new concerns about India’s future servation community. recipients of the 2002 Huntsville Arthritis among India’s friends in the U.S. An official We owe much to the life’s work of Mardy Foundation’s Humanitarian Award. The people U.S. investigation into Gujarat-related fund- Murie, a pioneer of the environmental move- raising, voluntarily facilitated by the Gov- of North Alabama are very fortunate to have ernment of India, would go far towards eas- ment, who, with her husband, Olaus, helped had Gene and Pat Sapp active in our commu- ing those concerns and further strengthening set the course of American conservation more nity over the last forty years. They have pro- the new partnership between our peoples. than 70 years ago. Her passionate support for vided leadership to North Alabama in busi- and compelling testimony on behalf of the f ness, education, economic development, vol- Alaska Lands Act helped to ensure the legisla- unteerism, music and music education, and HONORING THE 100TH BIRTHDAY tion’s passage and the protection of some of overall humanitarianism. OF MARGARET ‘‘MARDY’’ MURIE our most pristine lands. A member of the gov- Gene Sapp presently serves as Co-Chair- erning council of The Wilderness Society, she man of Sanmina-SCI, a major employer in HON. JERRY F. COSTELLO also founded the Teton Science School to North Alabama. Prior to the merger between OF ILLINOIS teach students of all ages the value of ecol- Sanmina and SCI, Inc., Gene led SCI as ogy. For her steadfast and inspiring efforts to IN THE HOUSE OF REPRESENTATIVES President, CEO and then as Chairman. During safeguard America’s wilderness for future gen- his tenure as President, he led the company Thursday, September 5, 2002 erations, we honor Mardy Murie. from annual revenues of $59 million to a run Mr. COSTELLO. Mr. Speaker, I rise today to Mr. Speaker, I ask my colleagues to join me rate approaching $10 billion. Although he ask my colleagues to join me in recognizing in honoring the 100th birthday of Margaret plans to retire as Co-Chairman of Sanmina- the 100th birthday of Margaret ‘‘Mardy’’ Murie. ‘‘Mard’’ Murie. SCI in December, he will remain a director Mardy was the prime mover in the creation f and continue to be a leader in the Huntsville of one of America’s great treasures, the Artic A SALUTE TO VIRGIN MARY community. Gene is very active with edu- National Wildlife Refuge. She was the first fe- ‘‘JEFFERSON’’ PAIGE cational issues, serving as a member of the male graduate of the University of Alaska. University of Alabama in Huntsville’s Founda- Margaret ‘‘Mardy’’ Gillette grew up in Fair- HON. JOHN CONYERS, JR. tion Board of Trustees and its Business Advi- banks during a time before airplanes and bush sory Council as well as founding Sci-Quest in OF MICHIGAN pilots, when one entered the territory by only Huntsville, an operational hands-on science IN THE HOUSE OF REPRESENTATIVES boat or sled. Back then, Mardy relates, the ter- center for all ages. Mr. Sapp is director of the ritory was such an expanse that great spaces Thursday, September 5, 2002 Huntsville Symphony Orchestra Foundation, a and wilderness were taken for granted. In Mr. CONYERS. Mr. Speaker, Virgin Mary founding trustee of Leadership Alabama, a 1921, she then met Olaus Murie, a Minnesota ‘‘Jefferson’’ Paige was born on August 10, founding director of Junior Achievement, and a native who’d just been hired by the Biological 1926 in Washington DC. She attended Arm- member of Huntsville’s Committee of 100. His Survey to study the Caribou population in strong Senior High (Duke Ellington’s high awards include the Silver and Gold Knights of Alaska. In 1924, Mardy married Olaus in the school) and was the Dean of students for the Management awards from the National Man- small village of Anvik. Cortez Peters Secretarial School. As a civic agement Association and Huntsville Rotary The couple spent their first days of their and cultural activist, she served with such dis- Club’s 2000 Vocational Excellence Award. marriage on the upper Koyukuk River above tinguished organizations as the Restoration of Pat Sapp is a very active and important the Artic Circle and later followed the Caribou the Howard Theater Project, Lettumplay, DC member of our community. She was one of migration through Brooks Range. Their honey- Commission on the Arts and Humanities, and the first women to be ordained as a deacon at moon was a 550-mile dogsled ride across the Ad Hoc Committee for the Arts for the Weatherly Heights Baptist Church and was the some of the most beautiful country in the New Convention Center. first woman to serve as chairperson of the

VerDate Aug<23>2002 05:49 Sep 06, 2002 Jkt 089060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\A04SE8.082 E05PT1 E1510 CONGRESSIONAL RECORD — Extensions of Remarks September 5, 2002 church’s council of deacons. Pat was instru- I would urge a no vote on H.R. 5203. The CK & L of I plays host to many weddings, mental in forming a satellite center for senior f meetings and receptions. Through their chari- citizens in an area of Huntsville that did not table work, they offer rent-free space to Althoff have adequate outreach available to our com- HONORING THE 40TH ANNIVER- High School, the Fraternal Order of the Ea- munity’s elderly. She serves on the Huntsville SARY OF THE CK & L OF I gles, St. Henry’s Catholic church, the Belleville Hospital Foundation Board of Trustees and Exchange Club, the Veterans of Foreign Wars, has spent many years as a nursing home vol- HON. JERRY F. COSTELLO the Swansea Chamber of Commerce, Senior unteer, helping establish the ‘‘Adopt Grand- OF ILLINOIS citizen meetings, the Camelot Auction, many parents’’ program for 6 to 12 year-old children. IN THE HOUSE OF REPRESENTATIVES fundraisers and the annual Blood drive. She has organized various multinational re- Thursday, September 5, 2002 Today the CK & L of I boasts over 1,800 ceptions and hosted several international mili- Mr. COSTELLO. Mr. Speaker, I rise today to members, 900 of which are the men of the or- tary personnel assigned to Redstone Arsenal, ask my colleagues to join me in recognizing ganization and 950 are women. The men helping make Huntsville a welcoming commu- the 40th Anniversary of the (Catholic Knights meet the first Monday of the month while the nity for our visitors. Additionally, Pat was a and Ladies of Illinois) CK & L of I in Swansea, ladies meet on the second Monday. chief volunteer and contributor for the Down- Illinois. Mr. Speaker, I ask my colleagues to join me town Rescue Mission’s Capital Campaign Locally, the CK & L of I organization was in honoring the 40th Anniversary of the CK & Committee that developed a new women’s started some 40 years ago by Emil Wottowa, L of I organization and wish the best to all of and children’s shelter, the Sapp Shelter for who served as the organization’s President. its members both past, present and in the fu- Women and Children. His son, Ed served as Vice President of the ture. Mr. Speaker, on behalf of the people of organization, which served the needs of the f North Alabama, I rise today to recognize and Catholic community in our area. EXPRESSING CONCERN WITH congratulate Mr. and Mrs. Gene Sapp for re- The CK & L of I is a fraternal organization STATED POLICY TOWARDS TAI- ceiving the 2002 Humanitarian Award from the based upon the tenants of the organization of WAN AND APPARENT MILITARY Huntsville Chapter of the Arthritis Foundation. Catholic Fraternal Life. The Knights of Colum- BUILDUP BY MAINLAND CHINESE As you can tell. this distinguished award rec- bus is a Catholic, family, fraternal service or- ognizing them for their outstanding commit- ganization. Their 1.6 million members and ment to our community is well-deserved, I join families are dedicated to the ideals of charity, HON. SAM GRAVES OF MISSOURI their children, Sharon Crain and Dr. Mark unity, fraternity and patriotism. They work to IN THE HOUSE OF REPRESENTATIVES Sapp; their grandchildren, Will, Berkley, and benefit their communities, their church and Annie; and the people of North Alabama in their fellowman. In the past ten years alone, Thursday, September 5, 2002 thanking Gene and Pat Sapp for their con- the Knights have worked effectively on pro- Mr. GRAVES. Mr. Speaker, I rise today to tributions of time, talents, and compassion to grams to benefit countless others in need, do- express my concern with our stated policy to- our community over the years. nating more than $972 million and providing wards Taiwan and the apparent military build- f 421 million hours of volunteer service. up by the mainland Chinese. The members of the Catholic family respond Mr. Speaker, according to a recent report to EDUCATION SAVINGS AND SCHOOL person to person in times of need. Members Congress issued by the Department of De- EXCELLENCE PERMANENCE ACT devote thousands of hours annually to fund- fense, China’s military ‘‘offensive capabilities OF 2002 raising and community service programs to improve as each year passes, providing Bei- improve the quality of life for others. They give jing with an increasing number of credible op- SPEECH OF their time and talents and ask nothing in re- tions to intimidate or actually attack Taiwan.’’ HON. ELIJAH E. CUMMINGS turn. That is what fraternalism is about. This warning by the Department of Defense OF MARYLAND Volunteer efforts and council members are only adds to my concern over the long stand- IN THE HOUSE OF REPRESENTATIVES the heart of the organization. With the assist- ing ambiguity of United States policy towards ance of volunteer officers, members carry out Wednesday, September 4, 2002 Taiwan. The policy of ‘‘strategic ambiguity’’ numerous social, civic, benevolent, patriotic has served the interests of the United States Mr. CUMMINGS. Mr. Speaker, I rise to ask and religious activities throughout the year. in years past, but recent developments con- all of my colleagues to vote against H.R. They provide support, guidance and financial stitute a review in current United States policy. 5203, the ‘‘so-called’’ Education Affordability assistance to help members address local According to the report, in March of this Act that would make permanent all but one of needs and their social interests. They support year, China announced a 17.6 percent in- the education tax benefits that were contained teen centers, blood banks and the Special crease in military spending. This is a signifi- in last year’s tax cut legislation. Olympics, as well as women’s shelter and cant increase when it is not facing significant I understand that some of the education child abuse prevention programs. threats from abroad. The report also states, provisions, such as the exclusion for employer The CK & L of I was started locally by Mr. ‘‘Beijing is pursuing the ability to force Taiwan provided education benefits and tax breaks for Wottowa who wanted to secure a place in the to negotiate on Beijing’s terms regarding unifi- student loan interests in the bill today have country where members could enjoy them- cation with the mainland . . . it also seeks to broad bipartisan support. selves. They started in the old Senior Center deter, deny, or complicate the ability of foreign However, those provisions can be consid- located at 116 West A Street in Belleville in forces to intervene on Taiwan’s behalf.’’ ered in separate legislation that does not con- 1930 and as they searched for a place for This report is very troubling. However, even tain such provisions as the Coverdell Savings their members, they found the property that more troubling is that while our stated policy Accounts, that provides tax breaks equivalent they needed at the old Dr. Walton Farm in the indicates an acknowledgment of ‘‘one-China,’’ to vouchers for private elementary and sec- Fairview Hts/Swansea area along Rt. 159. Dr. it does not address what the United States’ ondary schools’ attendance. Walton was an avid outdoorsman, as well as policy should be if Taiwan were attacked by Five similar bills have been pushed through a horse enthusiast so there was plenty of un- China. this House that would make other provisions developed land available for members and Because of our current policy of ‘‘strategic of last year’s tax cut permanent. The Repub- their families to enjoy. ambiguity’’ that dates back to the 1970’s and lican Leadership’s irresponsible tax cuts have Their first meeting was held on the grounds the unanswered questions it generates, I am propelled the nation into deficit spending. of the old farm, where several farmhouses urging President Bush to conduct a com- Every dollar spent on making these tax cuts were converted for use by the organization. As prehensive review of U.S. policy toward Tai- permanent is another dollar taken out of the the complex developed over time, the organi- wan. Social Security Trust Fund. zation hosted Boy Scout troops from through- With the apparent aggressive military build- Instead of passing this bill, the House out the region, on overnight campouts to learn up by the Chinese, the warnings reported by should provide adequate public education about the wetland areas and other open our own Defense Department, and our policy funding. Additional resources are needed to space. In fact, the organization works with St. of ‘‘strategic ambiguity’’ towards the China-Tai- implement the new ESEA law. This bill would Clair County, Illinois by utilizing its lake and wan relationship, it is time to review our policy divert much needed money from the public retention areas as a holding pond for area toward Taiwan to unambiguously account for school system where funds are desperately storm water. the possibility of a military conflict between needed to improve public education for all stu- The complex today consists of 2 ball dia- mainland China and Taiwan and the United dents. monds, an auditorium and private clubrooms. States response to such an action.

VerDate Aug<23>2002 05:49 Sep 06, 2002 Jkt 089060 PO 00000 Frm 00014 Fmt 0626 Sfmt 0634 E:\CR\FM\A05SE8.003 E05PT1 September 5, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E1511 HONORING THE CONTRIBUTIONS Saturday, August 31, but he lives on because celebrating John’s impressive career and his OF VENUS AND SERENA WILLIAMS of his many accomplishments. I could, of induction into the prestigious Pro Football Hall course, try to list all of Hamp’s awards, but of Fame. SPEECH OF there are too many; instead, I’d like to share John Stallworth was inducted into the Pro HON. BARBARA LEE some personal memories I have of Hamp. Football Hall of Fame on August 3, 2002 in OF CALIFORNIA I was able to see him this past April 17, Canton, Ohio. His son, John Stallworth, Jr. when I hosted a luncheon for him here on eloquently presented him for induction into the IN THE HOUSE OF REPRESENTATIVES Capitol Hill, he was surrounded by many NFLs elite ranks. His wife Flo and daughter Wednesday, September 4, 2002 friends and supporters on the occasion of his Natasha joined him for the ceremonies, as did Ms. LEE. Mr. Speaker, I thank the Speaker, 94th birthday. Just this past April 15, the Sen- many other family members and friends from Congressman DAVIS, and Congresswoman ate passed Senate Concurrent Resolution Alabama. John played wide receiver for the MILLINDER-MCDONALD for bringing this resolu- 101, which extended best wishes to Hamp for Steelers for fourteen years during which he tion to the floor. I am proud to join my col- his birthday, and the very next day, the House earned four Super Bowl championship rings leagues here today in support of this resolu- passed the same resolution. Of course, few and set multiple Steelers receiving records. tion recognizing the extraordinary sisters: birthdays could top Hamp’s 90th in 1998, His Steeler teammates twice recognized him Venus and Serena Williams. when he played at the White House for Presi- as team MVP. He played in four Pro Bowls, As a member of both the Congressional dent Clinton. He proved to all of us that he was named All-Pro in 1979, All-AFC in 1979 Black Caucus and the Women’s Caucus, I am hadn’t slowed down a bit. But playing for and 1984, and NFL ‘‘Comeback Player of the especially delighted to participate in honoring Presidents was old hat for Hamp. Throughout Year’’ in 1984. He finished his pro football ca- the Williams sisters for their remarkable con- his career, he also played for Presidents Tru- reer with 537 receptions for 8,723 yards and tributions not only to the sport of tennis, but man, Eisenhower, Kennedy, Johnson, Nixon, 63 touchdowns. also to their community and indeed commu- Ford, Carter, Reagan, George H.W. Bush, and John Stallworth retired from professional nities all across our nation. These women are George W. Bush. football after the 1987 season in order to truly making a difference. They are breaking He also displayed his commitment to higher focus on his business in Huntsville. In 1986, down barriers on the courts and in under- learning by having no fewer than 18 leading along with his wife and business partner Sam served communities. institutions award him honorary degrees and Hazelrig, he began Madison Research Cor- Their record is staggering: together the Wil- by having the University of Idaho name its poration, which now operates in multiple liams sisters have won over 43 professional ti- school of music in his honor in 1987. That was states and employs over 650 people. Madison tles. Venus is the first African-American the first time any school of music had been Research, an engineering and information woman to win the Wimbledon Championships named in honor of a jazz musician. In fact, I technology company, has become a very im- since 1958. She is the first United States have had the pleasure of serving as an hon- portant business for the economy of North woman since 1924 to win an Olympic gold orary co-chair with President George H.W. Alabama. His company makes substantial medal in both singles and doubles, and holds Bush of the University of Idaho’s Lionel Hamp- contributions to our nation through its valuable the women’s world record for the fastest serve ton School of Music. work on key government projects, primarily for at 127 miles per hour. She is one of only To make sure his cultural legacy would be the Defense Department and NASA, each of seven women to win the singles titles in both preserved, I had the honor of helping him do- which has a significant presence in North Ala- the Wimbledon Championships and the U.S. nate that vibraphone to the jazz collection at bama. Open in the same year. the Smithsonian Institution’s National Museum As President and CEO of Madison Re- Serena is the second African-American of American History on January 30, 2001. His search, John still finds the time to give much woman to win a Grand Slam singles title. She donation will help inspire thousands of bud- back to his community. One of his latest ef- is the sixth American woman to win the U.S. ding musicians to follow their dreams just as forts is a partnership between Madison Re- Open singles title since 1968, and is only the Hamp did. search and Lockheed Martin to provide intern- fifth woman to win both singles and doubles If that wasn’t enough, Hamp used his mas- ships for students from historically black col- Grand Slam titles in the same year. Since tery of music to cross color barriers and set an leges and universities in order to give them 1978, Serena is the only woman to reach the example for others. He was one of the first the same opportunities that helped him suc- finals of the U.S. Open while debuting at the black musicians to perform in previously white- ceed. tournament. only venues and events, including with the Mr. Speaker, on behalf of the United States In Compton, where they were raised, the Benny Goodman Quartet from 1936–1940, House of Representatives and the people of Williams sisters are renowned for their service and as the first black musician to perform at North Alabama, I rise to commend and thank to their community. It is not unusual to find a presidential inauguration (President Tru- John Stallworth for his distinguished career them passing out tennis rackets, conducting man’s in 1949). and his dedication to our community. The City tennis clinics for low income children, or other- It isn’t possible for me to list all of Hamp’s of Huntsville is honored to have such a fine in- wise contributing to community development awards, accomplishments, and performances, dividual as a strong business and community and helping to create an outlet for young peo- but rest assured, he will live on. leader. ple. f f Their community service, however, extends far beyond Compton and California. Through TRIBUTE TO MR. JOHN ON THE SWEARING-IN OF J. RUS- their work, they have changed the lives of STALLWORTH OF HUNTSVILLE, SELL GEORGE AS INSPECTOR many young people, including young people ALABAMA GENERAL FOR THE CORPORA- right here in Washington, DC. I applaud the TION FOR NATIONAL AND COM- Williams sisters’ efforts and encourage my col- HON. ROBERT E. (BUD) CRAMER, JR. MUNITY SERVICE leagues to vote for the passage of this resolu- OF ALABAMA tion. IN THE HOUSE OF REPRESENTATIVES HON. STEPHEN HORN f Thursday, September 5, 2002 OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES CELEBRATING THE LIFE OF Mr. CRAMER. Mr. Speaker, I rise today to LIONEL HAMPTON honor and congratulate my constituent, Mr. Thursday, September 5, 2002 John Stallworth of Huntsville, Alabama. John Mr. HORN. Mr. Speaker, all of us who serve HON. JOHN CONYERS, JR. Stallworth played college football for Alabama in Congress depend heavily on skilled, capa- OF MICHIGAN A&M University in Huntsville, where he was an ble and hard-working staff members to meet IN THE HOUSE OF REPRESENTATIVES All-Southern Intercollegiate Conference re- the heavy demands of committee hearings, ceiver in 1972 and 1973. He went on to have floor action and all of the other activities of a Thursday, September 5, 2002 a legendary career in the National Football national legislature. These staff members Mr. CONYERS. Mr. Speaker, I rise to cele- League with the Pittsburgh Steelers, helping serve in many roles, ranging from our per- brate the life of Lionel Hampton, one of the them become one of professional football’s sonal staffs who handle a wide variety of greatest jazz musicians ever and a personal greatest dynasties. Now a highly successful issues to specialists at the Congressional Re- friend. Hamp, also known as the ‘‘Vibes Presi- business owner and an integral part of the search Service, the General Accounting Of- dent of the United States,’’ passed away on Huntsville community, the City of Huntsville is fice, the leadership staffs and our committees.

VerDate Aug<23>2002 05:49 Sep 06, 2002 Jkt 089060 PO 00000 Frm 00015 Fmt 0626 Sfmt 9920 E:\CR\FM\A05SE8.006 E05PT1 E1512 CONGRESSIONAL RECORD — Extensions of Remarks September 5, 2002 Over the past decade of my service in the sonal staff of Senator Dole, who at the time Serena Williams was the first woman to U.S. House, I have been blessed with a strong was chairman of the Senate Finance Com- reach the finals in a U.S. Open debut since and effective group of staff members who mittee. Russell remained on the Senator’s 1978 and is the 2002 Wimbledon champion. have helped me meet the needs of the 38th staff until his graduation from Howard, working Together, Venus and Serena Williams were District of California. My staff also has helped nearly full-time, while winning placement on the first sisters in professional tennis history to me engage in vigorous oversight of govern- the Dean’s List and graduating magna cum each win a Grand Slam singles title, the first ment programs as a subcommittee chairman laude, Phi Beta Kappa in 1985. to be ranked in the top ten simultaneously of the House Committee on Government Re- Following Howard, Russell entered the Har- since 1991, the first to win a Grand Slam dou- form. vard Law School with the stated goal of bles title together, and the first to compete Today I want to recognize and honor one ‘‘achieving legal training and returning to my against one another in a Women’s Tennis As- particular member of my staff who has served community to serve it.’’ Russell remained true sociation Tour final. The sisters also were the with me for nearly eight years as staff director to that commitment by becoming a prosecutor first to win gold medals in doubles at the 2000 and chief counsel for the House Sub- in the District Attorney’s Office in Queens, Sydney Olympic games. committee on Government Management, Infor- New York, following his graduation in 1988. The Williams sisters are also winners off the mation and Technology, which is now called He tried cases and argued appeals before court. They have established the Venus and the Subcommittee on Government Efficiency, leaving to join the Administration of President Serena Williams Tennis and Tutorial/tennis Financial Management and Intergovernmental George H.W. Bush, first as assistant general academy that offers mentoring and tennis les- Relations. counsel in the Office of Management and sons to high school students in the Los Ange- J. Russell George joined my staff in 1995, Budget, and later as associate director for pol- les area. shortly after Republicans won control of the icy in the White House’s Office of National Additionally, the sisters are co-founders of House and I was appointed a subcommittee Service. It was in that latter position, that Rus- the Southeast Tennis and Learning Center in chairman. Since that time, Russell has been sell was first introduced to the National and Washington, D.C. These ventures will give my key adviser and chief aide in directing the Community Service Act of 1990, when he was hope to many young people and help keep subcommittee through hundreds of hearings instructed to implement the recently passed them off the streets, on the tennis courts, and that investigated every department of the fed- legislation. following their dreams. eral government. He helped me prod execu- After serving in the Bush Administration, The sisters have also landed numerous en- tive agencies into a serious and sustained ef- Russell practiced law at a corporate law firm dorsements including Reebok, Puma, and fort to prevent any major breakdown of gov- in New York, but in 1995 I was able to lure Avon Cosmetics, setting important precedents ernment computer systems due to software him back to Washington to head my sub- for women athletes—especially women of problems related to the Year 2000 change- committee staff. Russell has been a tremen- color. They are shining examples of what can over. He was a key force in pressing for legis- dous resource and aid for me through many be accomplished with hard work and persever- lation to collect debts owed to the taxpayers long hours and days of difficult work. I thank ance. and he has directed many other subcommittee him for his dedication and hard work and I As we honor these remarkable athletes, we initiatives that have saved hundreds of millions wish him all the very best in what I know will must not forget to salute their family, espe- of dollars while making government programs continue to be a very distinguished career in cially their parents, Richard and Oracene Wil- more effective in meeting the needs of our citi- public service. He is a wonderful person and liams. They established a solid foundation of zens. a sterling example of the men and women excellence in their children. They are indeed All of these efforts built on Russell’s prior who serve our country so very well. the backbones for their daughters’ successful experience as a New York prosecutor, as an f careers. aide to Senator Bob Dole of Kansas and as a Venus and Serena’s accomplishments are HONORING THE CONTRIBUTIONS victories for women of all ages who aspire to White House aide under President George OF VENUS AND SERENA WILLIAMS H.W. Bush from 1990 to 1993. They also be or are already athletes. On and off the serve as a excellent foundation for the new SPEECH OF courts, Venus and Serena Williams are indeed challenge that Russell takes on today after ‘‘giving back’’. being sworn in as the new Inspector General HON. ELIJAH E. CUMMINGS I believe that in a few days we will see an- OF MARYLAND for the Corporation for National and Commu- other Williams sister-sister match up at the IN THE HOUSE OF REPRESENTATIVES nity Service. Senator Dole administered the U.S. Open. Venus and Serena Williams are oath of office and both of us are proud of our Wednesday, September 4, 2002 both advancing toward the finals in the U.S. roles in spotting Russell’s ability and putting Mr. CUMMINGS. Mr. Speaker, I rise today Open. Mr. Speaker, the wonderful thing about this that talent to work for the taxpayers. to support H. Res. 94, the resolution to honor resolution is that it acknowledges the Williams I know Senator Dole and I also were the contributions of sisters Venus and Serena sisters for their contributions to the sport of pleased that Russell’s parents, Jonas and Ce- Williams offered by Congresswoman JUANITA tennis, their community, and all the things they leste George, were able to attend today’s MILLENDER-MCDONALD. ceremonies. Russell was born in the Borough I first want to congratulate Serena and have done and will continue to do. Without of Brooklyn in New York City on October 8, Venus Williams for their outstanding and his- question, Venus and Serena are two great 1963. His father is a retired New York City toric achievement of being ranked #one and athletes who have changed the game of ten- Transit Authority Supervisor and his mother, #two, respectively, by the Women’s Tennis nis. I urge all of my colleagues to join me in Celeste Russell George, is a retired secretary. Association tour, the first for siblings. supporting this resolution. Russell grew up in the Laurelton section of Earlier this year the sisters faced each other f Queens, New York, where he attended public in the finals at Wimbledon. The singles final RECOGNIZING THE ACHIEVEMENTS elementary and junior high schools. Following was the first competition between siblings at OF CLARK R. LAW an entrance examination, he gained admission Wimbledon since the very first edition in 1884, to Brooklyn Technical High School, where he when Maud and Lillian Watson faced each HON. DAVID L. HOBSON took pre-law prep courses to follow his dream other. Venus and Serena played a game that OF OHIO of becoming an attorney. From a very early will not soon be forgotten. IN THE HOUSE OF REPRESENTATIVES age, Russell demonstrated a commitment for The sisters have won many awards includ- public service, raising funds for charities, and ing more than 43 professional titles between Thursday, September 5, 2002 at the age of ten, publishing a neighborhood them. Settling Grand Slam titles is nothing Mr. HOBSON. Mr. Speaker, I rise today to newspaper aimed at his peers. new to Venus and Serena. Venus Williams recognize the achievements of Clark R. Law, Following his high school graduation, Rus- was the first African-American woman to win who for the past 14 years, has served as the sell entered Howard University here in Wash- the Wimbledon Championships since 1958 President and Chief Executive Officer of the ington and began his career in public service. and was the first United States woman since Association of Ohio Philanthropic Homes for A political science major, with a history minor, 1924 to win an Olympic gold medal in both the Aging, a nonprofit organization that rep- Russell was involved in college politics and singles and doubles. It is no surprise that resents more than 350 nonprofit long-term was elected as the undergraduate representa- Venus was named Sports Illustrated Sports- care facilities located in more than 150 Ohio tive to the Board of Trustees of Howard. He woman of the Year in 2000 and winner of the towns and cities. also served as an intem on Capitol Hill and 2001 ESPY Award for Outstanding Women’s Clark has been an aggressive leader in that lead to his hiring as a clerk on the per- Tennis Performer. working in Columbus and in Washington on

VerDate Aug<23>2002 05:49 Sep 06, 2002 Jkt 089060 PO 00000 Frm 00016 Fmt 0626 Sfmt 9920 E:\CR\FM\A05SE8.010 E05PT1 September 5, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E1513 behalf of AOPHA-member facilities that serve pivotal in the development of a successful Daly, Paul Flynn and Chris Doyle. They have more than 50,000 elderly Ohioans daily and technology program. Furthermore, she has ini- reminded us all of what baseball is all about employ more than 20,000 people statewide. tiated a character development program and a . . . good sportsmanship, teamwork, young Before coming, to Congress, I served as the Fight-Free program. boys playing their hearts out, and most of all— Chairman of the Committee on Health, Human Dr. Segobiano was chosen to receive this having fun. Services and the Aging. I knew I could always award because of her strong commitment to Mr. Speaker, it is with tremendous pride that rely on Clark Law and AOPHA to provide excellence. She has demonstrated a willing- I recognize the exceptional players, coaches, sound advice and to bring any problems af- ness and ability to actively involve parents in parents, family members and other supporters fecting seniors to my committee’s attention. their childrens’ education. She has also shown of the Jesse Burkett All-Star Team for a re- Clark’s efforts were instrumental in helping that she is dedicated to meeting the varied markable run to the Little League World Se- win approval of the Seniors Healing at Home needs of the students in her district. ries. I am tremendously proud of all of them Act. This bill is now a federal law, and pro- Dr. Segobiano has been a valuable asset to and congratulate them on their accomplish- vides seniors the option of where they choose the Belleville community, the Metro-East area ments. I wish them the best of luck in years to recuperate following a hospital stay. and the State of Illinois. She has made out- to come. After making sure that we in Congress knew standing contributions to the school and to the f that this problem was impacting seniors, education profession. She is a distinguished AOPHA took up the charge by making its public servant and deserves this recognition. ARTURO SANDOVAL TRIBUTE members available to testify, and helped Mr. Speaker, I ask my colleagues to join me spread the word that seniors were being nega- in honoring, Dr. Gina Segobiano as she re- HON. JOHN CONYERS, JR. tively affected by Washington’s Medicare bu- ceives this prestigious award. OF MICHIGAN reaucracy. f IN THE HOUSE OF REPRESENTATIVES In all the years I have known him, Clark has Thursday, September 5, 2002 never been shy about standing up for those CONGRATULATIONS TO THE JESSE seniors who rely on AOPHA to be their voice BURKETT LITTLE LEAGUE ALL Mr. CONYERS. Mr. Speaker, as the Dean in matters of public policy. His willingness to STARS ANDY FALLON, DAN RICE, of the Congressional Black Caucus, and chair- get involved and to fight hard on behalf of KURT SABACINSKI, JOE PETRY, man of its annual Jazz Issue Forum and Con- Ohio’s seniors and assisted living care profes- MATT BALL, TEDDY DALY, ZACH cert, I rise to call to this body’s attention the sionals has improved the quality of life for FORD, MICAH GOLSHIRAZIAN, achievements of a distinguished musician, Mr. thousands or Ohioans. BEN LANDERS, KEITH LANDERS, Arturo Sandoval. At the age of 52, he con- As Ohio’s Seventh District Representative to FRANKIE FLYNN, RYAN GRIFFIN, tinues a career that has brought him inter- the Congress of the United States, I take this GORDIE LOCKBAUM. national acclaim as a musician, composer, opportunity to publicly recognize Clark R. Law and bandleader. I am extremely honored that and his achievements on behalf of Ohio’s sen- HON. JAMES P. McGOVERN he will be my guest here in Washington, DC, ior citizens. His contributions to the quality OF MASSACHUSETTS on Thursday, September 12, 2002, during the care of the elderly in our state are too numer- IN THE HOUSE OF REPRESENTATIVES Congressional Black Caucus Foundation’s An- nual Legislative Conference. That evening, my ous to list and I thank him for his years of Thursday, September 5, 2002 dedicated service. colleagues and I will have the opportunity to f Mr. MCGOVERN. Mr. Speaker, I rise today thank him for the great pleasure that his life’s to join the community of Worcester, Massa- work has brought to its, and to millions across HONORING DR. GINA SEGOBIANO chusetts in celebrating the achievements and this nation and around the world. UPON BEING NAMED A NA- accomplishments of the 2002 Jesse Burkett The Congressional Black Caucus is not TIONAL DISTINGUISHED PRIN- Little League All-Star Team. Throughout their alone this year in recognizing the magnifi- CIPAL run from the city title to the U.S. Champion- cence of what Arturo Sandoval has accom- ship game, this terrific team won the hearts of plished. Sandoval, a founding member of the HON. JERRY F. COSTELLO Worcester, of Massachusetts—indeed, all of Grammy-winning group, Irakere, has been OF ILLINOIS New England. By advancing to the National honored by the Recording Academy with IN THE HOUSE OF REPRESENTATIVES Championship game, these fine young men twelve nominations and four Grammy Awards. advanced further than any other team in the Sandoval received Cuba’s Best Instrumentalist Thursday, September 5, 2002 history of Massachusetts. of the Year Award from 1982 through 1990. In Mr. COSTELLO. Mr. Speaker, I rise today to This accomplishment is impressive in and of 2001, he was awarded the American Society ask my colleagues to join me in recognizing itself, considering that this team has only of Composers, Authors and Publishers Found- Dr. Gina Segobiano as she receives the 2002 played together for a few short months. They er’s Award for his accomplishments as trum- National Distinguished Principal award from made us all proud. Proud not just because of peter, composer and arranger. He is currently the State of Illinois. their amazing play on the field—but also be- the Professor of Trumpet at the Florida Inter- Each year, one principal from each state is cause of the way they conducted themselves national University School of Music. However, chosen to receive the award. I am pleased off the field. The image I’m going to take from Mr. Sandoval’s accomplishments are hardly that this year Dr. Segobiano, from the Signal the World Series isn’t a home run or a great limited to the trumpet, he is an accomplished Hill School District in Belleville, Illinois, has defensive play or a nasty breaking ball. I’ll re- pianist in both classical and jazz styles. been chosen by the Illinois Principals Associa- member that after the game against Kentucky, Born November 6, 1949, in Artemisa, a tion to receive the award. this team stood on the field and applauded small province of Havana, Cuba, Arturo In 1984, the National Distinguished Prin- their competitors. Sandoval has for 40 years been a musical cipals Program was created in order to honor They acted like true gentlemen, true sports- prodigy. He began his musical career in his principals from elementary schools and middle men, and that is what we are most proud of. village band at the age of 13. In 1964, he schools who reach a high standard of quality That is what we will remember for years to began three years of classical trumpet study education. The National Association of Ele- come. During a time when the sports head- at the Cuban National School of Arts. At 16, mentary School Principals (NAESP), an orga- lines are dominated by things like revenue he earned a place in Cuba’s national all star nization founded in 1921 representing 29,500 sharing and luxury taxes and salary caps, they band. Drafted in to the military in 1971, educators throughout the nation, created the reminded all of us why we fell in love with the Sandoval was able to play with the Orquestra program. This year’s awards are sponsored by game of baseball. Cubana de Musica Modema and continued his the NAESP and the U.S. Department of Edu- Mr. Speaker, the Jesse Burkett All-Star daily practice regimine. cation in partnership with the Variable Annuity Team reminded us of the sheer joy that can Sandoval’s talent has led him to associa- Life Insurance Company. come from doing your best, playing hard, play- tions with many of the great jazz musicians, Since 1993, Dr. Segobiano has been the ing fair and playing as a team. This is one of but his most important association was his principal of Signal Hill School, and she was a the best stories of the year, and I was hon- friendship with the legendary Dizzy Gillespie. fifth grade teacher at the school for the prior ored to be a part of celebrating it in Worces- In 1977 Gillespie was visiting Cuba, when six years. As principal, she is responsible for ter. Sandoval decided to seek his counsel. 450 students ranging from pre-kindergarten to A special thanks needs to be extended to Sandoval and Gillespie quickly became friends 8th grade. While at Signal Hill, she has been the Manager Fran Granger and Coaches Tom and Gillespie invited Sandoval to perform and

VerDate Aug<23>2002 05:49 Sep 06, 2002 Jkt 089060 PO 00000 Frm 00017 Fmt 0626 Sfmt 9920 E:\CR\FM\A05SE8.012 E05PT1 E1514 CONGRESSIONAL RECORD — Extensions of Remarks September 5, 2002 tour with Gillespie’s United Nations Orchestra. TRIBUTE TO ROBERT BARNES last September, our Nation witnessed the best Arturo looked to Gillespie ‘‘as a spiritual fa- and the worst of humanity. We will never, and ther’’ and their collaboration led to further in- HON. NANCY PELOSI can never, forget the human suffering, the novations in Afro-Cuban music and jazz. Their OF CALIFORNIA pain that our Nation went through as a result collaboration is featured on the 1992 Grammy IN THE HOUSE OF REPRESENTATIVES of those horrific attacks perpetrated against winning recording Live at Festival Hall. our Nation. Thursday, September 5, 2002 However, when we witnessed the people of After his discharge from the military he co- Ms. PELOSI. Mr. Speaker, I rise to pay trib- our Nation uniting as one in the immediate founded Irakere, which became Cuba’s most ute to Robert Barnes, one of San Francisco’s aftermath of September 11 and in the days, important jazz ensemble, with saxophonist premier political consultants who died on Au- weeks, and months that have followed, we Paquito D’Rivera and pianist Chucho Valdes. gust 9, 2002 at the age of 42. A fifth genera- recognized the overwhelming hope for the fu- Their performance together at the 1978 New- tion San Franciscan, his leadership and tenac- ture of our great Nation. In our darkest hour, port Jazz Festival in New York introduced ity greatly influenced the political landscape of we witnessed the unparalleled courage, com- Arturo to American audiences and led to a San Francisco for the past 20 years. passion, and strength from untold numbers of recordirg contract with Columbia Records. Robert Barnes was a passionate advocate our fellow citizens. Accordingly, it is fitting for Their collaborations culminated in 1979 when for his candidates and causes. He was re- the Congress not only to honor those who Irakere won the Grammy for Best Latin Re- sponsible for electing more gay and lesbian were tragically taken from us on that day, but cording. In 1981, Arturo left Irakere to pursue candidates to office than any other political also those among us who bravely risked their new musical possibilities, continuing to tour consultant in California. He also co-managed lives for others and for everyone who has worldwide with his own band and as a clas- the first domestic partners initiative in San since that tragic attack, stood steadfastly sical trumpeter. Francisco. united in this war against terror. In 1990, in the midst of a European concert Barnes served as consultant and advisor to On Friday, September 6, 2002, our special tour, he defected at the American Embassy in dozens of elected officials, including Mayor session of Congress has been convened in Rome. Willie Brown, City Attorney Dennis Herrera, Federal Hall, just 5 blocks from where the In 1994, he received a Grammy for Best Supervisor Mark Leno, and Assemblywoman Twin Towers once proudly stood and where Latin Jazz Album for his recording Danzon. He Carole Migden. He was a consultant for many George Washington was sworn in as the first received that prestigious award again in 1998 important civic institutions and their bond cam- President of the United States. Accordingly, it for his work, Hot House. paigns, including San Francisco City College, is only fitting that we are honoring the victims San Francisco Unified School District, Laguna of September 11, sending our deepest sym- In 1998, with President Clinton as a cospon- Honda Hospital, California Academy of pathies to their families on this sacred ground. sor, he became an American citizen. Sciences, the De Young Museum, and the This Special Joint Congressional session is a His most recent work My Passion for the San Francisco Public Library. tribute to their memory and to the heroism of Piano, released in 2002, is a remarkable re- Robert Barnes’ commitment to gay rights, our fellow citizens. It is of special significance cording inspired by following one’s musical social change, and political involvement began that we take part in this solemn, historic event passions. He has long been known for his pro- early. He founded one of the nation’s first to tell the rest of the world that our Nation ficiency on the trumpet, but his mastery of the teenage gay clubs at San Francisco’s Lowell stands united as one because we truly are the piano is a marvel to which he credits his friend High School. At the encouragement of the late ‘‘United’’ States of America. Dizzy Gillespie. Supervisor Harvey Milk, the 18 year old f worked as the youth coordinator for the No on ‘‘My inspiration to play came from Dizzy Gil- Proposition 6 campaign to defeat the anti-gay IN MEMORY OF ETHEL MARIE lespie. I remember reading in a jazz history ‘‘Briggs’’ initiative. SILVER book about Miles Davis when he was young Barnes held numerous leadership positions asking Dizzy for some lessons. Dizzy told him in Democratic and LGBT community organiza- HON. KEN CALVERT ‘Sure, let’s go hit the piano and do some tions. He was Chair of the Lesbian and Gay OF CALIFORNIA work,’ to which Miles replied he didn’t play Caucus of the State Democratic Party and IN THE HOUSE OF REPRESENTATIVES piano. Dizzy’s answer? ‘You’d better learn was elected to the San Francisco Democratic Thursday, September 5, 2002 how.’ Well I took his advice and it’s paid off. County Central Committee. As president of the ‘‘I’m a better trumpeter as a result. The Alice B. Toklas Lesbian and Gay Democratic Mr. CALVERT. Mr. Speaker, I rise today to piano is the best teaching tool for composing, Club, he transformed the organization into one honor and pay tribute to an individual whose arranging and orchestrating. I wrote my first of the most influential local gay political orga- dedication to the community and to the overall classical concerto for trumpet on the piano.’’ nizations in the country. well being of the city of Riverside, California, Robert loved San Francisco and was grate- was unparalleled. Riverside was indeed fortu- Sandoval is also a tireless music educator, nate to have such a dynamic and dedicated both as a tenured Professor at Florida Inter- ful for its tolerant climate that encouraged his success. San Francisco was well served by political and community leader who willingly national University and as a visiting guest lec- and unselfishly gave of her time and talents to turer. Three scholarships are associated with his passionate convictions and advocacy. To his partner and middle-school classmate make her community a better place in which him: the University of Idaho’s Arturo to live and work. The individual I am speaking Sandoval’s Dizzy Gillespie Trumpet Scholar- Carlos Molina, his father Bob, and his sister Mauri Barnes Luna, I extend my deepest sym- of is Ethel Marie Silver, a close friend and ship Award, Central Oklahoma University’s mentor. She passed away Sunday, September Sandoval Trumpet Scholarship, and FIU’s pathy. I hope it is a comfort to his family that so many people share their loss at this sad 1, 2002 at the Riverside Community Hospital Sandoval Trumpet Scholarship, Arturo has lec- after complications from surgery at the age of tured at the Conservatoire de Paris, the Tchai- time. f 76. kovsky Conservatory in the Soviet Union, the Ethel was born in Hemet, California but University of California in Santa Barbara, the SPECIAL JOINT CONGRESSIONAL lived most of her life in Riverside and grad- University of Miami, the University of Wis- SESSION AT FEDERAL HALL IN uated from Riverside Poly High School in consin, Perdue University, and at many other NEW YORK CITY 1944. She earned her registered nurse degree institutions throughout the United States, Eu- from Los Angeles County General Hospital rope and Latin America. Sandoval has per- HON. BENJAMIN A. GILMAN School of Nursing where she met her hus- formed as a classical trumpter with the Na- band, Dr. Harrison Silver. After graduation, tional Symphony, Los Angeles Philharmonic, OF NEW YORK IN THE HOUSE OF REPRESENTATIVES she played a vital role in establishing the Riv- Toledo Symphony, Detroit Symphony, Indian- erside General Hospital Medical Auxiliary and apolis Symphony, Oklahoma Symphony, and Thursday, September 5, 2002 later served as president. Ethel also regularly Atlanta Symphony, among others. Mr. GILMAN. Mr. Speaker, I rise to pay trib- volunteered at the hospital blood bank. Mr. Speaker, Arturo Sandoval has estab- ute to this historic session of Congress which Ethel’s passion for her work as a nurse was lished himself one of our nation’s greatest cul- has been called for September 6 in New York matched by her passion for politics. Through- tural heroes and ambassadors. Therefore, I City in remembrance of all those who trag- out her life, she had been involved in cam- urge all Members to join me in paying him this ically lost their lives in the barbaric terrorist at- paigns from the local level to the federal level. well deserved tribute. tacks of September 11. On that horrible day Ethel got her start in politics volunteering on a

VerDate Aug<23>2002 05:49 Sep 06, 2002 Jkt 089060 PO 00000 Frm 00018 Fmt 0626 Sfmt 9920 E:\CR\FM\A05SE8.015 E05PT1 September 5, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E1515 successful 1962 congressional campaign from ton Cut Flower, in recognition of his efforts to World War II, he attended business college in Riverside. Over the years she became a mas- promote neighborliness in his community. Dallas and then was employed at the Bonham ter of political strategy and worked tirelessly Charleston Cut Flower has selected Sep- Abstract Company and with the Farmer’s helping candidates. tember 4th, 2002 as ‘‘Good Neighbor Day.’’ To Home Administration. He then joined Speaker She was a member of several community celebrate, their store will give away a dozen Rayburn’s Washington staff in 1951 and organizations including the California Repub- roses to every person who visits the store. In served until the opening of the Library in 1957, lican Central Committee and was a delegate return, each person who receives flowers is when he moved back to the Fourth District and alternate to several Republican national asked to give away eleven roses to eleven dif- and became the Library’s Director. conventions. Ethel received many awards ferent people as a symbol of friendship and Mr. Speaker, the Sam Rayburn Library throughout her lifetime and in 1997 she re- community renewal. ceived the Presidents Achievement award I commend Charleston Cut Flower for their Board of Trustees and many friends and sup- from the Riverside County Federation of Re- commitment to their community and their gen- porters are hosting a retirement luncheon for publican Women. erosity towards their neighbors. H.G. this week in Bonham, and I would like to She is survived by her husband, her son, Mr. Gregg and all of his employees have set ask my colleagues in the House to join me in Jeffrey, her daughter, Jennifer Barns, two and incredible example for the other busi- expressing our gratitude to him for his dedica- grandchildren, her brother William Gruber, and nesses in their area. Mr. Speaker, I urge my tion, inspiration and years of outstanding serv- two sisters, Lil Harvill and Florence Danson. colleagues to join me in honoring Charleston ice and to extend to him our best wishes for My thoughts and prayers go out to them for Cut Flower. a wonderful retirement. His labor of love has their loss. f helped preserve the history and the integrity of Mr. Speaker, looking back at Ethel’s life, we this chamber and one of its greatest Speak- HONORING H. G. DULANEY, DIREC- see a woman dedicated to her family and ers, Sam Rayburn, and as we adjourn today, TOR OF THE SAM RAYBURN LI- community—an American whose gifts to the let us do so in tribute to one of Mr. Rayburn’s BRARY Inland Empire and southern California led to dearest and most loyal friends—H.G. Dulaney. the betterment of those who had the privilege to come in contact or work with her. Honoring HON. RALPH M. HALL f Ethel’s memory is the least we can do today OF TEXAS for all that she gave over her lifetime. IN THE HOUSE OF REPRESENTATIVES RECOGNIZING CAROL SLETNER, f Thursday, September 5, 2002 CHIEF OF POLICE FOR THE CITY TRIBUTE TO MR. STANLEY A. Mr. HALL of Texas. Mr. Speaker, I am hon- OF ROSEVILLE HAMER OF LACEY SPRINGS, ored today to pay tribute to a distinguished ALABAMA gentleman from Ector, Texas in the Fourth Congressional District—H.G. Dulaney, who HON. BETTY McCOLLUM HON. ROBERT E. (BUD) CRAMER, JR. this week is stepping down after forty-five OF MINNESOTA OF ALABAMA years of service as Director of the Sam Ray- IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES burn Library in Bonham, Texas. Thursday, September 5, 2002 H.G. Dulaney is a name that is synonymous Thursday, September 5, 2002 Mr. CRAMER. Mr. Speaker, I rise today to with the Sam Rayburn Library. He was ac- recognize a special member of the North Ala- tively involved in preparations for the Library Ms. MCCOLLUM. Mr. Speaker, it is my privi- bama community, Mr. Stanley A. Hamer of from its inception through construction and lege to recognize Carol Sletner for her ap- Lacey Springs, Alabama, who has served 30 opening in 1957, and he has directed activities pointment to the position of Chief of Police for years as a delivery driver. Mr. Hamer served of the Library since that time, including its the city of Roseville in Minnesota’s Fourth the past 28 years with the United Parcel Serv- transfer into The University of Texas at Austin Congressional District. Sletner joins the ranks ice. in 1990. Throughout almost half a century of of six other women police chiefs in the state As you know, UPS is celebrating its 95th operation, H.G. has nurtured the Library and of Minnesota. year in business today. As the company cele- has shared his wealth of knowledge and in- As only the second woman elected to Con- brates this important milestone in its history, sights about Speaker Sam Rayburn with gress from the state of Minnesota, it is a true UPS is taking this opportunity to honor the scholars, tourists, and school groups who visit pleasure to honor another woman for her employees who have achieved milestones of the Library. achievements in public service. Carol Sletner service in their careers with UPS. I would like And his has been a labor of love. H.G. is eminently qualified for her duties as chief. to congratulate Mr. Hamer on his 30 years of began working for the legendary ‘‘Mr. Sam’’ in Hired in 1982, Sletner was the first full-time fe- service as a delivery driver, and thank him for 1951. ‘‘Mr. Rayburn was one of the greatest male police officer for the City of Roseville. the support he has provided to the North Ala- men who ever lived,’’ he said. ‘‘He had more Since then, Sletner has steadily achieved pro- bama community. integrity than anyone I’ve known in my life.’’ motion, to Sergeant in March 1992, Lieutenant In addition to serving many North Alabama And so for some four decades since Mr. citizens, Stan Hamer has spent the last 21 in September 1997, and Deputy Chief in Rayburn’s death, H.G. has worked hard to March 2001. She is the President of the Min- years delivering UPS packages to the men preserve the history and legacy of this great and women of Redstone Arsenal in Huntsville. nesota Association of Women Police and Past statesman who served in Congress for 48 President of the Minnesota Juvenile Officers Mr. Hamer has become an icon to the employ- years, from 1913 until his death in 1961, in- ees at Redsone Arsenal and his excellent de- Association. She is currently a member of the cluding serving as Speaker of the U.S. House FBI National Academy Association, Ramsey livery service has come to represent to them from 1940 to 1961 for all but four years. His UPS and its commitment to quality. County Chiefs Association, Minnesota Asso- Mr. Speaker, I want to commend Mr. Hamer career spanned the administrations of eight ciation of Chiefs of Police, International Asso- for his many years of service making impor- Presidents, and the Library houses the books, ciation of Chiefs of Police and International tant deliveries to the community of North Ala- papers and momentoes from his 48 years in Association of Women Police. the House. bama, and to congratulate the United Parcel When I had the opportunity to meet with Service for ninety-five successful years of The Library is truly a treasure for Bonham, for the State of Texas, and for America. It is Carol this past spring, I was impressed by her business. commitment to public service and her willing- f a testament to the powerful legacy of Mr. Ray- burn—and it is a testament to H.G.’s years of ness and ability to meet the new challenges of TRIBUTE TO MR. JOSEPH GREGG hard work and devotion in directing the Li- Homeland Security facing our local police de- brary’s operations. It is also fitting that H.G. is partments. HON. SHELLEY MOORE CAPITO a native of Mr. Rayburn’s Fourth District of I commend Chief Sletner for her pursuit of OF WEST VIRGINIA Texas, which I am now honored to represent, her childhood desire to become a police offi- IN THE HOUSE OF REPRESENTATIVES and understands its people and its culture. He cer. Her promotion to Chief of Police marks a Thursday, September 5, 2002 was born and reared in Ector, where he grad- great achievement. I know that she and the Mrs. CAPITO. Mr. Speaker, I rise today in uated from high school in 1936. Following rest of the Roseville police department will honor of Mr. Joseph Gregg, owner of Charles- three years of service in the Air Force in serve our community well.

VerDate Aug<23>2002 05:49 Sep 06, 2002 Jkt 089060 PO 00000 Frm 00019 Fmt 0626 Sfmt 0634 E:\CR\FM\A05SE8.018 E05PT1 E1516 CONGRESSIONAL RECORD — Extensions of Remarks September 5, 2002 JOSEPH CURSEEN, JR. AND THOM- firm recently named as the ‘‘Company of the people, a promise that will not help one child. AS MORRIS, JR., PROCESSING Year’’ by ColoradoBiz Magazine. This rule is shameful because it denies Mem- AND DISTRIBUTION CENTER StorageTek is headquartered in Louisville, bers of this House a vote of conscience. I re- Colorado, with more than 7,800 employees in spect your conscience. I respect your right to SPEECH OF fifty countries worldwide. Founded in 1969, express your conscience. You have no right HON. ELIJAH E. CUMMINGS this company specializes in a broad range of on an issue of this magnitude, of such deep OF MARYLAND digital storage and data security equipment. conscience for so many Members, no one in Their customers include industry leaders and this House has that right to deny us the right IN THE HOUSE OF REPRESENTATIVES government agencies such as the Department to a vote, to a vote for an amendment that the Wednesday, September 4, 2002 of Defense, Central Intelligence Agency, and Supreme Court would then interpret as making Mr. CUMMINGS. Mr. Speaker, I rise today the Congress. this bill constitutional. in support of HR 3287, a bill that would re- ColoradoBiz Magazine bestowed its award I tried to offer an amendment to the Com- name the U.S. Postal Service’s Brentwood for StorageTek’s success in business, mar- mittee on Rules. It was similar to a bill I Processing and Distribution Center in Wash- keting innovation, operational efficiency, and helped pass in 1987 in Texas that outlaws not ington, D.C., as the Joseph Curseen, Jr. and community responsibility. For instance, the one late-term abortion procedure, but outlaws Thomas Morris, Jr. Processing and Distribu- company astonishingly improved customer all late-term abortion procedures except for a tion Center. order processing time by twenty-five percent, constitutionally required exception where a Joseph Curseen, Jr., and Thomas Morris, while reducing facility space by fifty percent mother’s health is at risk. For 15 years, the Jr., were two of four U.S. Postal Service em- and inventory on hand by $100 million. constitutionality of that Texas law has not ployees who contracted inhalation anthrax StorageTek’s business model improved effi- been challenged. I would note that during the while working at the Brentwood Processing ciency and customer service. time that President Bush was then Governor and Distribution Center in Northeast Wash- Moreover, StorageTek’s leadership within of Texas, there was no effective effort or to ington last fall. It is believed that they were ex- the community also warranted this recognition. my knowledge even serious legislative effort posed while sorting contaminated letters sent Since its founding in 1991, the StorageTek made to change that law. It was constitutional to congressional offices. The anthrax attacks Foundation has donated more than nine mil- and it has worked. temporarily suspended some mail delivery, lion dollars to charitable causes with emphasis Supreme Court Justice O’Connor has made closed numerous Congressional offices and on education, health, human services, and art. it very clear, that if you do not have a health mail processing facilities, while health officials The Foundation also encourages and rewards exemption in this bill, it will not ever have the tested and decontaminated equipment, offices employee volunteers through the Volunteers in impact of becoming law. Let me quote her and facilities. Partnership with the Community (VIP.COM), from the court Stenberg v. Carhart case of It has been almost a year since the anthrax which rewards organizations designated by June 28 of 2000: mailings and we are not any closer to finding employees with a monetary gift when employ- ‘‘First, the Nebraska statute is inconsistent the person who sent anthrax contaminated let- ees volunteer for 100 hours or more. because it lacks an exception for those in- ters through the mail. Last year, I met with Mr. Speaker, I congratulate StorageTek for stances when the banned procedure is nec- postal workers from my district. They are receiving ‘‘Company of the Year’’ award, and essary to preserve the health of the mother.’’ proud to work for the postal service but are commend them for being a role model in busi- In case that is not clear enough for the sup- concerned for their safety. They assured me ness and in the community. porters of this rule and this unconstitutional that neither rain, snow, nor anthrax laced let- f bill, she then goes on to outline all that a leg- ters would keep them from delivering the mail. islative body has to do to make such a bill REVISED REMARKS FROM CON- However, with that renewed pledge and re- constitutional. Just add the words ‘‘where it is GRESSMAN CHET EDWARDS, solve, they wanted my assurance that the gov- necessary, in appropriate medical judgment, JULY 26, 2002 ernment cared about them. I have the highest for the preservation of the life or health of the mother.’’ That would be the only circumstance admiration for the postal workers who have SPEECH OF continued to go to work in this time of uncer- for an exception. tainty. Congress must pledge to continue fund- HON. CHET EDWARDS The people who should be upset at this bill ing for anthrax research. For years the military OF TEXAS should be pro-life Americans all across this has been preparing for a chemical weapon at- IN THE HOUSE OF REPRESENTATIVES country who have been mislead by this uncon- stitutional bill into thinking it is going to save tack, specifically from the biological agent an- Wednesday, July 24, 2002 thrax. Some military personnel have been vac- one child. Had this rule allowed us to vote on cinated for anthrax. Perhaps we should con- SPEAKING ON THE RULE FOR H.R. 4965 a constitutionally acceptable amendment for a sider vaccinating postal employees along with Mr. EDWARDS. Mr. Speaker, I strongly op- health exception, we actually could do some EPA scientists, lab technicians and others who pose late-term abortions, but I believe, like good. What a shame. conceivably could be the first points of con- many Americans, that when the health of the SPEAKING ON PASSAGE OF H.R. 4965 tact. mother is at risk, that is a decision that should Mr. EDWARDS. Mr. Speaker, Coreen Washington’s principal mail-processing cen- be made by a woman and her doctor and not Costello was a pro-life Republican and mother ter has been closed since Oct. 21. However, by politicians in Washington, D.C. of three when her pregnancy turned tragically I am pleased that preliminary samples from I am sad to say that this rule is shameful fatal for her child. Her doctors preserved Mrs. the test fumigation of the quarantined Brent- and this bill is a false promise. I do find it in- Costello’s fertility with a procedure being out- wood postal facility indicate no traces of an- teresting that those supporting this rule and lawed in this bill. She then became pregnant thrax spores. this bill keep quoting the American Medical again and gave birth to her fourth child. Although their coworkers were successfully Association. I do not know if they just did not Listen to this loving mother’s words. ‘‘Be- treated for anthrax, Morris and Curseen were want to hear it or if they refuse to accept it. cause of this procedure, I now have some- misdiagnosed and died on Oct. 21 and 22, re- The organization they are quoting opposes thing my heart ached for, a new baby, a boy spectively. The sacrifice they innocently gave this legislation. named Tucker. He is our family’s joy, and I to this country will live on in the renaming of Why do I say this rule is shameful? First, it thank God for him.’’ the Brentwood processing center. ensures that when this bill passes today, were Mr. Speaker, no Member of this House has it then to become law, it would never have the the right to substitute his or her judgment for f impact of law or save one baby because the that of a physician and a mother faced with a HONORING STORAGETEK, Supreme Court has made it absolutely clear, rare but tragic situation where a pregnancy is COMPANY OF THE YEAR not just once but five times that the law must failing, a child has no chance of living outside have a health exemption when the mother’s of the mother’s womb, and the goal is to save HON. BOB SCHAFFER health is at risk. a mother’s fertility or health. No Member has OF COLORADO So maybe Ralph Reed was right when he that right, not one. IN THE HOUSE OF REPRESENTATIVES said this issue is a political silver bullet. Unfor- If there is one late-term abortion in America tunately, from a policy standpoint, this bill will for frivolous reasons, that is one too many, re- Thursday, September 5, 2002 not save one baby. gardless of the procedure used. I am strongly Mr. SCHAFFER. Mr. Speaker, I rise today The proponents of this bill and this rule are opposed to late-term abortions. But I believe to honor StorageTek, a Colorado technology forcing a false promise upon the American when the health of the mother is at risk, that

VerDate Aug<23>2002 05:49 Sep 06, 2002 Jkt 089060 PO 00000 Frm 00020 Fmt 0626 Sfmt 9920 E:\CR\FM\A05SE8.026 E05PT1 September 5, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E1517 is a choice that should be made by a woman Paso del Norte Region. Myrna quickly dis- For 25 years, Margaret served the people of and her doctor, and not by politicians in Wash- played her prowess for innovation and im- Lafayette County and the State of Missouri by ington, D.C. provement as she expanded the Teenage Pro- working for the Missouri Division of Family That is not just my opinion, that is the opin- gram from less than 30 members to over 1500 Services, the last ten of which serving as the ion of the United States Supreme Court in the members and vastly improved the services of- Lafayette County Director. In 1978, Margaret Stenberg v. Carhart opinion dated June 28, fered. She then moved up to become the As- joined a small group of individuals who started 2000. In that indication, the Supreme Court sociate Executive Director of the organization. the Lexington Senior Center. She served on and its majority of justices made it very clear It is through her efforts in this position that the the local Center Services Board for ten years, that the Nebraska partial-birth abortion law YWCA captured national attention in Parade before becoming a member of the District III was unconstitutional, in these words. Magazine. Myrna created a place of respite Area Agency on Aging Board of Directors in ‘‘. . . Because it lacks an exception for and support for teenage girls with family prob- 1985. She served on the Area Agency on those instances when the banned procedure is lems called the Residential Intervention Center Aging Board for 17 years, including a tenure necessary to preserve the health of the moth- which was so effective that it caught eye of as President of the Board. er.’’ Parade, who ran the story as its feature arti- Margaret also served on the State Board of That is as clear as the English language cle. the Missouri Association of Social Workers can be. Justice O’Connor, the swing vote on Just one year after assuming the Associate from 1970 to 1980 and has been an active this issue, has made it clear. The truth is that Executive Director post, Myrna was made member of Business and Professional Women with no health exception for a woman, there Chief Executive Officer of the YWCA El Paso for over 40 years. Additionally, Margaret is will be no law; no law, not one baby saved. del Norte Region. In the ensuing years, it was working with her colleagues to prevent waste, Mr. Speaker, this bill has two flaws in it that easy to tell that Myrna was at the helm. With fraud, and abuse of the state’s Medicaid sys- make it little more than politics at its worst, as her as head of the organization’s 33-member tem. Ralph Reed said, a political silver bullet. First, board, the YWCA’s operating budget grew Mr. Speaker, Margaret Gray’s generous it is unconstitutional, therefore meaningless. It from $100,000 to $35 million. Their staff grew gifts, her talents, and her time are making a is a false promise. Second, if the authors of from about 20 to over 800, and, the YWCA lifetime endowment to the community of Lex- this bill truly believe that American women are went from one building to numerous facilities ington. I am certain that all members of the monsters who would take a perfectly healthy valued at over $20 million. House will join me in paying tribute to Mar- baby seconds before a perfectly healthy child As CEO, Myrna received numerous awards garet Gray’s commitment and dedication to birth and puncture its brain and kill that inno- and recognitions for her efforts. Some high- the people of Lexington, Missouri. cent child, then why is it that they just want to lights—as there are definitely too many to f outlaw one procedure? If you assume the share all of them here—are: the Woman of the woman is that kind of a monster, then under Year Award from the American Association of THE ROBERT BYRD HONORS this bill even if it were law and were constitu- University Women, the Director of the Year SCHOLARSHIP RECIPIENTS FROM tional, which it is not, then the woman could Award from the United Way of El Paso Coun- THE 6th DISTRICT OF MISSOURI choose to use other late-term abortion proce- ty, the Humanitarian Award from the League dures. Once again, a meaningless law, a of United Latin American Citizens, and the HON. SAM GRAVES meaningless bill that will not save one baby’s ‘‘One of the Twenty Outstanding Women of OF MISSOURI life. Year Award(s)’’ from the El Paso Times in IN THE HOUSE OF REPRESENTATIVES I think the people who should really be of- 1997. Three years later, the El Paso Times Thursday, September 5, 2002 fended by this bill are those genuine pro-life honored her again with one of the two Americans who want to stop late-term abor- ‘‘Newsmaker of the Year’’ awards in 2000. Mr. GRAVES Mr. Speaker, I rise today to tions. I want to stop late-term abortions, and I While reflecting over this amazing and sub- recognize the outstanding achievements of the hope others who do would ask the proponents stantive career, I would like to congratulate Robert Byrd Honors Scholarship recipients of this bill two questions. Is politics so impor- Myrna on her retirement and thank her so from the 6th district of Missouri. The following tant that you would rather pass a clearly un- much for her years of hard work and commit- students have shown dedication and persist- constitutional bill than a bill that could actually ment. Because of her efforts, I represent an ence in their academic studies, and it is my become law, a bill like I helped pass in Texas area that provides opportunity and enjoyment honor to announce them as this year’s schol- 15 years ago that is still the law of that State to its citizens. Myrna, because of your efforts, arship award winners: today? Second question: Why are you out- I represent an area that people are proud to Matt Arndt, Brianna Belke, Grant Buell, lawing one procedure and leaving every other call home. Thank you. I yield back the balance Zachariah Castle, Joseph Gill, Wesley Kauble, late-term abortion procedure perfectly legal? of my time. Rachel Lipanovich, Kenneth Maynes, Emily McClanahan, Robert Nedved, Adam Osborne, This bill is politics at its worst. It is a false f promise. Colby Parks, Kathryn Seyboth, Austin GENEROUS CONTRIBUTION MADE f Siddens, Erin Smith, Eric Sokol, Lauren Spen- TO COMMUNITY PROJECT IN cer, Matthew Tingler and Justin Wilson. Each COMMEMORATION OF RETIRE- LEXINGTON, MISSOURI student was awarded scholarships of up to MENT OF MRS. MYRNA DECKERT $1500 per year for their first four years of HON. IKE SKELTON study at a four-year institution of higher edu- HON. SILVESTRE REYES OF MISSOURI cation. OF TEXAS IN THE HOUSE OF REPRESENTATIVES The Robert C. Byrd Scholarship Program is IN THE HOUSE OF REPRESENTATIVES a federally funded scholarship for students Thursday, September 5, 2002 who show outstanding academic achievement Thursday, September 5, 2002 Mr. SKELTON. Mr. Speaker, it has come to and promise. The department of elementary Mr. REYES. Mr. Speaker, I rise today to my attention that Margaret Gray of Lexington, and secondary education, in cooperation with commemorate the retirement of one of the Missouri, has donated $250,000 to a project the United States Department of Education, most inspirational and respected women in El that will benefit the citizens of Lexington and provides superior scholars throughout the Na- Paso, Texas: Mrs. Myrna Deckert. Mrs. the surrounding area. The gift will go toward tion with this esteemed award. In order to re- Deckert represents the highest caliber of cit- construction of the ‘‘Lexington 4 Life’’ project, ceive the scholarship, students must be a resi- izen we have in the United States. Since the a new building that will house a senior citi- dent of Missouri and attend a public or private early 1960s, she has been a motivating force zens’ center, a comprehensive health care fa- school within the State, be accepted for enroll- in the improvement of her workplace, the cility, a day care center, and a pre-school for ment at a four-year institution of higher edu- YWCA El Paso, and as a result, the El Paso at-risk children. cation, rank in the top 10% of their high school community as a whole. We are lucky to have Margaret Gray’s support for the new ‘‘Lex- graduating class and score in the top 10% of someone with her rare mix of business savvy ington 4 Life’’ project is only her most recent the national percentile on the ACT test. It is and empathy in our midst and I am proud to commitment to the betterment of Lexington. my honor and privilege to have 19 of these honor her today in the United States Con- Through the years, she has promoted aging scholars residing in the 6th district. gress. issues and cultivated a more enhanced public Mr. Speaker, please join me in honoring Myrna’s service to El Paso began with her sentiment with regard to the well-being of all these exceptional scholars for their dedication position as Teenage Director at the YWCA El persons in her community. to and achievement in their academic studies.

VerDate Aug<23>2002 05:49 Sep 06, 2002 Jkt 089060 PO 00000 Frm 00021 Fmt 0626 Sfmt 0634 E:\CR\FM\A05SE8.026 E05PT1 E1518 CONGRESSIONAL RECORD — Extensions of Remarks September 5, 2002 INTRODUCTION OF THE HOME- The Veterans of Foreign Wars of the United Respect for the fine soldiers who worked TOWN HEROES SURVIVORS BEN- States and its Ladies Auxiliary conduct a hard to preserve our freedom is a giant leap EFIT ACT OF 2002 Voice of Democracy audio/essay competition in the right direction. I think that once we show respect for these brave men and designed to give high school students the op- women, we will understand the meaning of HON. BOB ETHERIDGE portunity to voice their opinion on their respon- the National Anthem. The words will no OF NORTH CAROLINA sibility to our country. The theme of this year’s longer be a simple song that is played before IN THE HOUSE OF REPRESENTATIVES audio/essay contest was ‘‘Reaching Out to the start of a basketball game, it will be the Thursday, September 5, 2002 America’s Future.’’ heroic hymn that defines what people have Marjorie, on behalf of a very proud constitu- sacrificed to give us our liberty. Mr. ETHERIDGE. Mr. Speaker, I rise today ency: ‘‘Congratulations on a job well done.’’ We need to be like Will, the young boy who to honor the service and sacrifice of our na- needs a red crayon. We, the people of this REACHING OUT TO AMERICA’S FUTURE tion’s public safety officers. great country, must reach out with arms (By Marjorie Creen) Each community in America is blessed to stretched to the future. Not only must we have its own unique group of hometown he- Will is a small boy. He is in first grade and reach, but we need to stand up, proud and is 6 years, 8 months old. Besides playing strong, and show respect for the people who roes; the firefighters, law enforcement officers, tetherball and riding bikes, Will’s favorite fought and died to give us our rights. Re- and others who keep our streets safe, protect thing to do is color. He draws pictures for his spect is what this country needs. Respect for our families and possessions from fire, and mom and dad, and for his grandma and all who live in it, and respect for all who are the first to respond to an emergency. They grandpa. Recently, Will was coloring a pic- fought for it, so that we could live with free- are dedicated and prepared, and when we call ture of an American flag when he noticed dom, rights, and pride. that he didn’t have a red crayon. Will is a on them, they risk their lives for us. f Last year, Congress improved the Public smart young boy and knew that he needed Safety Officers Benefit, which provides a one- red to finish his drawing. He searched A TRIBUTE TO MARTIN MATICH through his pack of crayons, then on the ON HIS 75TH BIRTHDAY time financial benefit to the families of public table, and finally looked to the floor. Low safety officers who die because of an injury and behold. there was his crayon. Will was sustained in the line of duty. However, despite quite happy to see it lying a few feet from HON. JERRY LEWIS our efforts there are families who are pre- his desk. He reached out for it, but it was too OF CALIFORNIA vented from receiving these benefits because far away. Frustrated he stretched even more IN THE HOUSE OF REPRESENTATIVES of a technicality in the law. to get it, but still, he could not pick up his Thursday, September 5, 2002 Heart attack and cardiac related deaths ac- red crayon. Mr. LEWIS of California. Mr. Speaker, I count for almost half of all firefighter fatalities As odd as it may seem, the United States is much like Will. Just like the young boy, would like today to pay tribute to Martin (between 45–50 firefighter deaths per year), we are trying to create something beautiful Matich, a very good friend and a man who has yet the families of these fallen firefighters are and perfect for all of us to enjoy. However we earned a reputation throughout California as a rarely eligible to receive this benefit. Fighting too are missing something that we need to builder of flawless public works and commu- fires is dangerous, exhausting, and stressful make our dream come true. This child has nity leader. Mr. Matich reaches his 75th year work. A firefighter’s chances of suffering a one up on us, though. Will knows what he is this month. heart attack or stroke greatly increases when missing, therefore he can reach out in order to achieve it. What exactly are we missing? The Matich Corp., which Martin Matich ran he or she puts on heavy equipment and for 40 years until his retirement as chairman in rushes into a building to fight a fire. The fami- I figured out what I thought we were missing by looking at what the finished drawing 1992, is one of Southern California’s largest lies of these hometown heroes should receive should look like. heavy construction companies. It builds free- this benefit when their loved ones die of a When I think of what the United States ways, bridges, runways, flood-control channels heart attack or other cardiac related death should be, I think of a place where racial dif- and dams. The San Bernardino County com- while they are on duty selflessly protecting us ferences do not exist. I see a place where there are no ‘‘bad streets’’ in major cities pany, founded by Mathich’s father John, has from harm. built more than 1,000 miles of roads and free- Today, along with several of my colleagues, and where people can feel safe to walk alone ways in California, Nevada and Arizona, and I am introducing a bill to correct this unfortu- at night. I want a place where people are less constructed runways and aprons at 40 military nate loophole in the Public Safety Officers self-absorbed and when a cashier says, ‘‘Have a good day!’’ she actually means it. I see a and civilian airfields. Benefit. The Hometown Heroes Survivors place where the veterans of World War II, Under the leadership of Martin Matich, the Benefit Act will allow the families of public Vietnam, and the Persian Gulf are praised company became known for its top-quality safety officers who have died from a heart at- and honored for protecting the rights that work and innovation. The Matich Corp. devel- tack or stroke while on duty, or within 24- many people today don’t realize we have. What all of these things add up to is re- oped continuous-slip forms that allowed 90- hours after participating in a training exercise foot-deep intercontinental ballistic missile silos or responding to an emergency situation, to spect. I feel that that is something major our beautiful country lacks. The reason I think to be built at Vandenberg Air Force Base in receive this benefit. one step, making them stronger and faster to Our hometown heroes put their lives on the respect is so crucial is because it leads to other effects. Once a country has respect, it finish. It also pioneered continuous-pour con- line for each of us everyday. This legislation then has unity, pride, love, happiness, har- crete paving machinery, which allows long shows them our support and appreciation for mony—the list is endless! stretches of highways to be built without their extraordinary bravery and heroism. I in- To show respect, people could stop swear- elaborate forms. ing at each other, gain more patience in rush vite every Member to join us in this effort by The company, which is now run by Matich’s cosponsoring this important legislation. hour, allow someone with less items to go in front of them at the grocery store, and re- son, Steven, has completed more than $1 bil- f member to stand when the National Anthem lion in projects in its 85-year history. Six mem- CONGRATULATIONS TO MARJORIE is played. Respect is America’s red crayon. bers of the family’s third generation are still in CREEN Soldiers, sailors, and airmen fought hard company management. It’s latest endeavor is to give their children, and their children’s to repave and improve hundreds of miles of HON. JAMES L. OBERSTAR children the freedoms we have. It is hard for highways in Mexico, which will help that coun- us to appreciate these things because we try meet the challenges of trade with the OF MINNESOTA have never seen what is like to not have IN THE HOUSE OF REPRESENTATIVES them. My generation has never known a United States. Martin Matich has been so involved in local Thursday, September 5, 2002 time where we couldn’t voice our opinion, sue someone we were unhappy with, or prac- and regional community affairs that the local Mr. OBERSTAR. Mr. Speaker, it is with tice the religion of our choice. These free- press often calls him the most influential non- great admiration and respect that I offer con- doms we enjoy have always been there, and elected person in San Bernardino and River- gratulations to my constituent, Marjorie A. hopefully WILL always be there. I just pray side Counties, an area known as the Inland Creen, of Chisago City, Minnesota. Majorie, a that in the future, my fellow peers will learn Empire of Southern California. His advice and senior at Chisago Lakes High School has the true value of the things that we take for counsel is sought by presidents, senators, granted. Perhaps we need them to be taken been named winner of the VFW 2002 Voice of away from us, so then one day we can realize House members and most local officials—and Democracy broadcast scriptwriting contest. what we had and how truly great it was. he provides it, without regard to party affili- She is the daughter of Mr. and Mrs. Dennis Sadly, that will be the day that we finally ation. He knows the mood of Inland Empire and Judy Creen and was sponsored by VFW give the veterans of war the respect they de- residents, and he is dedicated to putting their Post 7267 in Lindstrom, Minnesota. serve. interests first.

VerDate Aug<23>2002 05:49 Sep 06, 2002 Jkt 089060 PO 00000 Frm 00022 Fmt 0626 Sfmt 9920 E:\CR\FM\A05SE8.029 E05PT1 September 5, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E1519 He has served in a wide variety of commu- INTRODUCING THE ‘‘CHANCE TO HONORING THE LIVES OF JOHN nity positions, including mayor and City Coun- SUCCEED ACT‘‘ WALTER REDFUD AND PETER cil member of Colton, a member of the Cali- DAUTERIVE fornia State Water Commission, member and HON. FORTNEY PETE STARK former president of the National Orange Show HON. DIANE E. WATSON OF CALIFORNIA board of directors, chairman of the National OF CALIFORNIA Orange Show Foundation and St. Bernardine IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES Hospital Foundation. He was president of the Thursday, September 5, 2002 Thursday, September 5, 2002 Inland Empire Council of the Boy Scouts of America and chairman of the Water Re- Mr. STARK . Mr. Speaker, I rise today to in- Ms. WATSON of California. Mr. Speaker, sources Institute at California State University, troduce the ‘‘Chance to Succeed Act.’’ This this past August, two distinguished citizens San Bernardino. He was appointed to the legislation is aimed at helping disabled Ameri- and close friends of mine passed away. I statewide California Advisory Council on Eco- cans and those struggling with barriers to em- would like to honor their lives by submitting nomic Development and the Commission of ployment move from welfare to work. I’m their obituaries into the CONGRESSIONAL California’s advisory council. proud to be joined in this effort by 43 of my RECORD. Over the years, Martin Matich has been colleagues. I’m also thankful to Senators HONORING THE LIFE OF JOHN WALTER REDFUD honored with many awards, including the En- Wellstone and Kennedy, who are working to John Walter Redfud, born September 20, gineering Honor Award by his alma mater, the pass companion legislation in the Senate. 1914, in Houston, Texas, was the second of four children born to John Walter Redfud, University of Notre Dame, and Citizen of the Too many Americans find themselves trapped on welfare because of a disability. Sr., and Lillie Livingston Redfud. His par- Year by both the San Bernardino Board of Re- ents, sister (Kathryn) and brothers, (Augus- altors and the Boy Scouts of America. Others are simply ill equipped to overcome tus and Paul) preceded him in death. He was very real barriers that stand in the way of Mr. Speaker, it would be hard to imagine reared in Lake Charles, Louisiana. He grad- achieving meaningful employment. someone who is more exemplary of the des- uated from Second Ward High School. John graduated in 1938 from Southern Uni- ignation community leader than Martin Matich. The ‘‘Chance to Succeed Act’’ creates broad new guidelines for states to better serve versity in Baton Rouge, Louisiana with a His 75 years in the Inland Empire have made B.S. in Liberal Arts. In 1947 he received a his hometown community—and mine—a better the needs of the disabled and the severely disadvantaged. It empowers states to improve M.A. Degree from the University of Southern place to live and work. Please join me in con- California (U.S.C.) and an Accreditation for gratulating him on his 75th birthday, and wish- employment opportunity for welfare recipients School Administration from California State ing him and his wife Evelyn the best in the with physical and mental disabilities. It also University. years to come. addresses other proven barriers to employ- As a college student, John sang in the ment, such as a low level of education, limited mixed glee club. He was a talented athlete, English proficiency, and domestic abuse lettering in two sports for three years. In his f among others. senior year, he was captain of his football team and co-captain of his basketball team. IN RECOGNITION OF ROSH HASHA- A recent General Accounting Office (GAO) In 1990 he was inducted into the Southern NAH—THE JEWISH NEW YEAR study found that welfare recipients with disabil- University Sports Hall of Fame for both ities were half as likely to leave the welfare sports. rolls compared to recipients without impair- Later, he assisted the Los Angeles Kappa HON. E. CLAY SHAW, JR. ments. The same GAO study found disabled Chapter in earning many trophies during the early years of Inter-Fraternal Basketball OF FLORIDA recipients who did move off welfare were much less likely to gain employment. Tournaments. IN THE HOUSE OF REPRESENTATIVES After graduation from Southern Univer- An Urban Institute study found that 46 per- sity, John was employed for four years as a Thursday, September 5, 2002 cent of welfare recipients that returned to wel- classroom teacher and coach of the football fare were in poor mental or physical health. and basketball teams of Central High School Mr. SHAW Mr. Speaker, I rise today in rec- The same Urban Institute Study found that 38 in Bogalusa, Louisiana. Two of his football ognition of Rosh Hashanah, the Jewish new percent of welfare recipients that returned to teams were State champions. He also year. As with the secular new year, Rosh Ha- welfare had less than a high school education. coached football and basketball at Webster shanah is often a time of resolutions. Jews Perhaps most disturbing is a Wisconsin Study Parish High School in Louisiana. from around the world reflect on the year that John arrived in California in 1943 where his that found that 30 percent of welfare recipients employment included: service as a Deputy has passed and look forward to the year to responding to their survey reported that they come with a sense of renewal and of hope. Probation Officer (recurrent) for ten years; had been fired or lost a job because of do- counselor for the California Youth Author- According to tradition, on Rosh Hashanah the mestic abuse. ity, Juvenile Hall and Avalon Community Book of Life is opened and observers are My bill provides a framework for states to in- Center; and various assignments in the field given a chance to atone for the sins and stitute new screening and assessment pro- of education. weaknesses of the past year. He retired in 1983 as principal of Adult grams that identify and provide specialized As we approach the anniversary of Sep- Education in the Compton Unified School services to these recipients. It encourages District after thirty-three years, seventeen tember 11th, I hope that we can all join to- them to create individual ‘‘personal responsi- of those years as a classroom teacher at gether with our Jewish neighbors and friends bility plans’’ that outline goals necessary for Willowbrook Junior High and Centennial in the same spirit of solemn reflection. While each recipient to obtain stable employment. It High School and sixteen in Adult Education we look back upon the extraordinary year that also provides funding for state-level advisory Administration. (Note: John Redfud’s ability has passed, let us resolve to adopt our own panels to evaluate and improve these efforts. to remember names was phenomenal. His resolutions of ‘‘tikkun’’ or healing. We honor participation in the first three years of the And it allows States to follow through with this graduation ceremonies at Centennial High the age old Jewish tradition of making amends process without being penalized under current with each other and repenting for the hurts School would show case this remarkable Federal work requirements. ability. He called each graduate to come and misunderstandings that we have caused Some states have already taken steps along forth and receive their diploma by their one another through the year. these lines. This bill continues to give states name without the use of any notes or pa- While Jewish communities gather and re- flexibility to determine how best to meet the pers.) commit themselves to God and to each other goals set out in this legislation. This is critical He taught principles of Adult Education during this holiday season, let us take a page for the University of California at Los Ange- in giving families the tools they need to meet les, (UCLA) extension and received the Free- from this ancient religion’s teachings and the individual challenges they face. By making dom Foundation Award from Valley Forge strive to live by the tenant that we should clear that involvement in state programs tai- Pennsylvania for classroom teaching. avoid doing to others that which we deem lored toward employment barriers will be A devout Catholic, John was previously a hateful to ourselves. The world would most counted as a work activity, states can fully fol- member of St. Paul Catholic Church, serving certainly be a safer and more peaceful place low through in this critical effort. as an usher for twenty years, and was a if we strived to achieve this goal. member of St. Peter Claver, serving two Please join me in supporting the ‘‘Chance to years as president. He joined St. Eugene Mr. Speaker, I am proud to recognize Rosh Succeed Act’’ to provide new hope and oppor- Church in 1975. Hashanah and wish all who observe a safe tunity to Americans struggling to lift them- On August 10, 1944, John married Gene- and happy holiday. selves out of poverty. vieve Taylor, his beloved wife of fifty-eight

VerDate Aug<23>2002 05:49 Sep 06, 2002 Jkt 089060 PO 00000 Frm 00023 Fmt 0626 Sfmt 0634 E:\CR\FM\A05SE8.032 E05PT1 E1520 CONGRESSIONAL RECORD — Extensions of Remarks September 5, 2002 years. Three children were born to this He also served as a director of the Cali- moral and ethical standards, family values, union; a daughter, Yolanda Lyllye; sons: fornia Savings and Loan League and director and community service. Duane Walter, (a Kappa) and Damon An- and president of the American Savings and Recognizing the importance of giving back thony. The family traveled often and exten- Loan League. Reagan named him to the Na- to their community, together they have con- sively together throughout the United tional Commission for Employment Policy, States, Canada and Mexico. After the chil- and he also served on several state commis- ducted tennis clinics for low-income children, dren were grown, John and Genevieve trav- sions, including the California Economic De- raised funds for community development, and eled to Europe, Asia, South America and Af- velopment Corporation. joined our Nation’s leaders in support of seat rica. At the time of his death, Mr. Dauterive belt safety campaigns. John was a life member of Southern Uni- was a director of the California Science Cen- Mr. Speaker, I urge my colleagues to join versity Alumni Federation, a foundation ter in Exposition Park, a trustee of the me in supporting the passage of House Reso- member and past president of the Los Ange- Greater Los Angeles Zoo Association and a lution 94, to recognize the many contributions les Alumni Chapter, member of NEA, CTA, trustee of the Children’s Bureau Foundation to American society made by Venus and United Negro College Fund, (UNFC) and the of Southern California. He was also active in Lake Charles Club. the Los Angeles Memorial Coliseum Com- Serena Williams through their achievements Also, John was a life member 71–510 of the mission, the Los Angeles Figueroa Corridor and community involvement. We are fortunate Kappa Alpha Psi Fraternity; initiated in 1938 and the Access to Loans for Learning Stu- to have noble citizens like Venus and Serena into Alpha Sigma Chapter at Southern Uni- dent Loan Corporation. He was a director of Williams who have demonstrated that tennis is versity. He participated in the under grad- the Los Angeles County Health Facilities a sport for all people. uate chapter of USC and joined with grad- Authority Commission. f uates of Los Angeles Alumni Chapter when it Dauterive was highly respected in the busi- was reactivated after World War II. He was a ness community and helped break racial bar- A TRIBUTE TO THE HARLEM BIG past Polemarch and was always active in riers in many areas. In 1964, he became one ‘‘LITTLE LEAGUE’’ HEROES fund raising, reclamation and recruiting. of the first three African-Americans admit- John assisted in the chartering of the first ted to the previously all-white Western ave- campus based chapter in San Diego. He ac- nue Golf Club after the late Supervisor Ken- HON. CHARLES B. RANGEL companied and assisted then Province neth Hahn and colleagues ordered a halt to OF NEW YORK Polemarch, Edgar Bishop, (Elder Diggs discrimination on county golf courses. IN THE HOUSE OF REPRESENTATIVES Awardee), in the chartering of a chapter in Peter Dauterive is survived by his wife, Thursday, September 5, 2002 Okinawa, Japan. Additionally, he was a con- Verna, principal of Franklin Avenue Elemen- tributor to the Western Province Founda- tary School Mr. RANGEL. Mr. Speaker, I rise today with tion, Inc. and was a member of the Kappa f great pride in their achievement to pay tribute Million Dollar Club, always ready to con- to and recognize Harlem’s national famous Lit- tribute in anyway to Kappa causes. HONORING THE CONTRIBUTIONS An annual high school scholarship is tle League team. awarded to a St. Eugene student in John’s OF VENUS AND SERENA WILLIAMS In an historic achievement Harlem’s Little name from funds donated by family, former League made the Harlem community and the students and friends in celebration of his SPEECH OF United States proud when they successfully 80th birthday. Another scholarship is given HON. DONALD M. PAYNE placed third in the Little League World Series. in his name at Southgate High School for Coming from diverse ethnic backgrounds, the OF NEW JERSEY one of his former students. team pulled together and progressed to the IN THE HOUSE OF REPRESENTATIVES John departed this life on August 25, 2002 semi-finals of the Little League Series, a nota- at 6:45 a.m. during hospitalization at the Wednesday, September 4, 2002 Kaiser Permanente Hospital located in West ble achievement for a team which up to this Los Angeles. Mr. PAYNE. Mr. Speaker, it is my distinct year had not made the playoffs. On August He leaves to cherish his memory his loving honor to support the passage of House Reso- 27, 2002, the team came home to a first-class wife, Genevieve; daughter, Yolanda Lyllye; lution 94, a resolution to recognize the out- victory celebration in which I was pleased and sons, Duane W. and Damon A.; grand- standing contributions of Venus and Serena proud to participate. children, Danzio, Nickolas and NoraLena; Williams. Venus and Serena Williams are two I hope that these kids have once again great granddaughter, Danish; one nephew, taught us that we can come together as a John Paul Redfud, one niece, Gwendolyn esteemed professional African American Redfud-James (McDonald James), sister in- women tennis players who have broken racial community and understand that anything is law, Matilda Redfud, five brothers in-law; and socioeconomic barriers with pride and possible. And, today it is my pleasure to bring nine sisters-in law; many Redfud and Living- poise. the Harlem Little League’s achievement to the ston descendants, cousins, relatives, friends, The Williams sisters have accomplished attention of my colleagues. former students, co-workers and fraternity many firsts in the world of tennis. Twenty- [Fron the New York Post, Aug. 27, 2002] brothers who loved him profoundly. It goes year-old Venus is the first African-American HARLEM HEROES SAFE AT HOME without saying that John Redfud will always be remembered as ‘‘Mr. Redfud’’ the teacher woman to win the Wimbledon Championships (By Lorena Mongelli) who made a difference. since 1958, the first United States woman Harlem’s small-fry slugger heroes got a since 1924 to win an Olympic gold medal in major-league welcome home yesterday by HONORING THE LIFE OF PETER both singles and doubles, holds the women’s hundreds of rooting relatives and frenzied DAUTERIVE world record for the fastest serve at 127 miles fans, who admitted they never expected the Peter W. Dauterive, born in New Orleans, per hour, and is one of only seven women to team to make it as far as it did in the Little Louisiana departed this life on August 16, win the singles titles in both the Wimbledon League World Series. ‘‘They never really said that winning was 2002 in Los Angeles, California due to natural Championships and the U.S. Open in the causes. He was 83. what they were all about—but this team Mr. Dauterive was an executive with same year. came back as winners,’’ U.S. Rep. Charles Broadway Federal Savings & Loan for 23 Nineteen-year-old Serena Williams is only Rangel (D–Harlem) crowed amid the cheering years, rising to the position of executive vice the second African-American woman ever to crowd at Marcus Garvey Park on 122nd president. win a Grand Slam singles title, is only the Street. In 1972 he was the founding President and sixth American woman to win the U.S. Open Moms and dads furiously shook pompoms, Chief Executive Officer of Founders Savings singles title since 1968, is only the fifth woman friends waved signs and dozens of people & Loan Association, which bought the Santa to win both singles and doubles Grand Slam broke into chants of ‘‘Go Harlem!’’ as the bus Barbara Avenue branch of Santa Barbara carrying the team pulled into the park Savings. After Mr. Dauterive stepped down titles in the same year, and is the first woman around 4 p.m. and let off the local champs, in 1986, he formed the Peter W. Dauterive & to reach the finals in a U.S. Open debut since who made it to the series semifinals. Associates property management firm. 1978. The somewhat-sheepish players said they Active in the Republican Party, Mr. Demonstrating through the spirit of sports, were surprised by all the hoopla—but not ex- Dauterive served as a national convention Venus and Serena Williams have truly inspired actly complaining about it. ‘‘I didn’t know delegate from 1976 through 1996 and served on and encouraged people of all backgrounds there were going to be all these people here— the Republican National Committee, the and ages, especially those in their hometown it feels good,’’ star pitcher Alibay Barkley California Golden Circle, the Ronald Reagan said. 10 Club and the President’s Committee of of Compton, California, that education, team- Third baseman Andrew Diaz, 12, added: Citizens for the Republic. He was chairman work, fortitude, and self-determination are the ‘‘We gave something to Harlem to make of the Metropolitan Los Angeles Lincoln essential ingredients for success. Venus and them feel proud. I feel like a champ. I didn’t Club and Finance Vice Chairman of the Serena Williams are great African American expect all these people to come and show State Committee to Elect the President. leaders and role models who espouse high their support.’’

VerDate Aug<23>2002 05:49 Sep 06, 2002 Jkt 089060 PO 00000 Frm 00024 Fmt 0626 Sfmt 0634 E:\CR\FM\A05SE8.035 E05PT1 September 5, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E1521 Beaming coach Morris McWilliams noted Southern California on August 24, 2002. Sister Marine Air Group 26, serving as commanding the kids’ varied backgrounds—and how they Hanna served 30 years at the High School as officer during Desert Shield and Desert Storm; pulled together to pull off a third-place fin- a long time missionary from the Hilfsbund Mis- assistant Division G–3 for 3d Marine Division ish. ‘‘I hope that through all this, we can come sionary of Bad-Homburg in Frankfurt, Ger- and Commanding General of 2d Force Service together to understand that anything is pos- many. Support Group and Commander Joint Task sible,’’ McWilliams said. Sister Hanna Christen was born in the city Force 160, responsible for providing humani- of Rothenburg on the Tauber near Nuremburg, tarian relief for Haitian and Cuban immigrants f Germany. She was raised in a Christian home in Guantanamo Naval Base, Cuba. RECOGNIZING TULARE COUNTY with her father as a preacher. Upon comple- His staff assignments include: company offi- AND THE CITY OF VISALIA, tion of her studies, her parents suggested she cer and executive assistant to the Com- CALIFORNIA ON THEIR 150TH AN- enter a Protestant monastery. She then be- mandant of Midshipmen at the U.S. Naval NIVERSARY came a nun and started providing her services Academy; Marine Corps Program Develop- to an orphanage. She continually felt a call ment Officer and branch head in Require- HON. WILLIAM M. THOMAS from God for her to travel to another country ments and Programs Division, Headquarters and serve. She went to serve in the Boys’ Marine Corps; Vice Director for Operational OF CALIFORNIA section of the Boarding School of the Arme- Plans and lnteroperability, J–7, Joint Staff; Di- IN THE HOUSE OF REPRESENTATIVES nian Evangelical High School of Anjar, Leb- rector of the Marine Corps Staff, Headquarters Thursday, September 5, 2002 anon. She served as a missionary to these Marine Corps; Commander, Marine Corps Mr. THOMAS. Mr. Speaker, it is my pleas- students who are now well established in com- Systems Command and Deputy Chief of Staff ure to recognize and salute the City of Visalia munities throughout the United States. Since for Programs and Resources, Headquarters and the County of Tulare, California as they 1980, she has served in nursing homes in Marine Corps. celebrate their 150th anniversary on Sep- Beruit, Germany and now serves in Yerevan, General Williams is concluding his illustrious tember 7. Armenia. career having served as the Assistant Com- Tulare County and Visalia will celebrate the Today, Sister Hanna is a certified general mandant of the Marine Corps. In this capacity, area’s rich history and its current status as and geriatric nurse at the Nursing Home No. he has been the principal advisor to the Com- one of the nation’s top two agricultural-pro- 1 of Yerevan, where she takes care of the mandant of the Marine Corps on all decisions ducing counties, with crops valued at $3.5 bil- residents’ hygienic, emotional and spiritual of major consequence. His extensive and di- lion in 2001. While it was the California gold needs. The 125 elderly residents of the home verse background in operational and joint rush that brought the first permanent settlers are grateful for the loving care and compas- planning, professional military education and to the area that is now Visalia in 1852, it has sion of this German woman, who speaks flu- training, and budgetary and programmatic pol- been agriculture that has sustained the city ent Armenian. icy issues have been given wide credibility by and Tulare County for 150 years. Today, Sister Hanna is considered the ‘‘Mother decision makers in the Department of the Tulare County is America’s leading dairy coun- Theresa’’ for Armenians, and she considers Navy, the Joint Staff, the Office of the Sec- ty, and is among the nation’s leaders in doz- Armenia her ‘‘Hayrenik’’ (fatherland). She has retary of Defense, and the United States Con- ens of other crops, including beef, tree fruit, adopted Armenia to be her homeland and gress. vegetables, nuts, and olives. continues to serve as a volunteer missionary General Williams has made a lasting con- Tulare County is also home to some of the for the Armenian Missionary Association of tribution to the capabilities of today’s Marine nation’s most breathtaking scenery, including America (AMAA) gaining the respect and ad- Corps and the future shape of tomorrow’s the highest mountain peaks in the Sierra Ne- miration of people for her humanitarian serv- Corps. We are grateful for General Williams’ vada range, rising more than 14,000 feet, the ices. dedication, sense of duty, advice and counsel, majestic Giant Sequoias, and the rich San Mr. Speaker, I want to congratulate Sister and exceptional work ethic. The Marine Corps Joaquin Valley floor. Visitors to Tulare County Hanna Christen for her dedication as a volun- will miss him, but General Williams leaves a are often left with the indelible image of the teer missionary and for touching the lives of large legacy for others to follow and emulate. mountains rising above the lush, green valley. so many. I invite my colleagues to join me in I wish him and his lovely wife, Barbara, his The City of Visalia holds special memories wishing Sister Hanna Christen many more son, Matthew, and daughter-in-law, Kimberly, for my family; my wife, Sharon Hamilton years of continued success. all the best as they enter this new chapter of Thomas, was born and raised in Tulare Coun- f their lives. ty. She graduated from Redwood High School f and attended the College of the Sequoias in IN HONOR OF GENERAL MICHAEL Visalia. Sharon’s parents, Mike and Georgia J. WILLIAMS HONORING THE CALVARY UNITED Hamilton, were active members of the commu- METHODIST CHURCH OF HARRIS- nity. HON. JOHN P. MURTHA BURG, PENNSYLVANIA ON THE OCCASION OF ITS FIFTIETH AN- While Visalia’s economy has its foundation OF PENNSYLVANIA NIVERSARY in agriculture, and is the county’s trade center IN THE HOUSE OF REPRESENTATIVES for the products grown there, Visalia has, in Thursday, September 5, 2002 recent years, broadened its economic base to HON. GEORGE W. GEKAS include other enterprises, including food proc- Mr. MURTHA. Mr. Speaker, today I recog- OF PENNSYLVANIA essing, printing, and manufacturing. nize General Michael J. Williams, United IN THE HOUSE OF REPRESENTATIVES States Marine Corps on the occasion of his re- Mr. Speaker, I join the elected leaders, past Thursday, September, 5, 2002 and present, of Visalia and Tulare County, and tirement from active duty. General Williams the nearly 400,000 people who live there now, has served our great Nation for a total of 42 Mr. GEKAS. Mr. Speaker, I am most hon- in congratulating the past 150 years, and years. ored today to recognize and commemorate wishing it well on the next 150. General Williams enlisted in the Navy in the Calvary United Methodist Church of Har- 1960, and served as a boatswain. He was risburg, Pennsylvania on their Golden Anniver- f commissioned a second lieutenant in the sary. HONORING SISTER HANNA United States Marine Corps upon graduation On October 25, 1953, the Reverend O.B. CHRISTEN from the U.S. Naval Academy in June 1967, Poulson, the appointed acting pastor, held the and subsequently completed Naval Flight first service in the basement of the Seventh HON. GEORGE RADANOVICH Training and was designated a Naval Aviator. Day Adventist Church in Harrisburg with just OF CALIFORNIA General Williams’ operational tours include 65 people in attendance. Just over two years IN THE HOUSE OF REPRESENTATIVES various squadron assignments in the United later on November 6, 1955, consecration serv- States, Republic of Vietnam, and Okinawa; ices were held for the first Calvary Church Thursday, September 5, 2002 Presidential Helicopter Pilot with Marine Heli- chapel. However, the rapidly growing con- Mr. RADANOVICH. Mr. Speaker, I rise copter Squadron One; executive officer Head- gregation quickly outgrew their beautiful new today to recognize Sister Hanna Christen on quarters and Maintenance Squadron 16; com- fellowship hall and so, on June 17, 1962 fol- the occasion of being honored by the Alurmni manding officer of Marine Helicopter Training lowing a year of construction, a congregation of the Armenian Evangelical High School in Squadron 301; 2d Marine Aircraft Wing In- of 1,154 members worshipped in a new sanc- Anjar, Lebanon, at a ceremony taking place in spector; executive and commanding officer of tuary.

VerDate Aug<23>2002 05:49 Sep 06, 2002 Jkt 089060 PO 00000 Frm 00025 Fmt 0626 Sfmt 9920 E:\CR\FM\A05SE8.038 E05PT1 E1522 CONGRESSIONAL RECORD — Extensions of Remarks September 5, 2002 Over the last fifty years, the faith community ishes as the congregation reaches out to the Mr. Speaker, I want to commend the Cal- of Calvary United Methodist Church has con- community. The good works of the congrega- vary United Methodist Church for its commit- tributed to the greater community of Harris- tion become immeasurable as time passes ment to the faithful, and for its contributions to burg and Central Pennsylvania in many count- and the community and the congregation be- Central Pennsylvania. It is churches like Cal- less and wonderful ways. By bringing together come intertwined. Calvary Church has truly vary Church that make the region, the Com- the faithful, Calvary Church is in fact planting become a considerable element of the history monwealth, and our nation great! a seed of compassion that grows and flour- of Harrisburg and Central Pennsylvania.

VerDate Aug<23>2002 05:49 Sep 06, 2002 Jkt 089060 PO 00000 Frm 00026 Fmt 0626 Sfmt 9920 E:\CR\FM\K05SE8.001 E05PT1 Thursday, September 5, 2002 Daily Digest

HIGHLIGHTS House Committees ordered reported 11 sundry measures, including the Energy and Water Development Appropriations for fiscal year 2003. Senate Center Act to authorize the Secretary of Transpor- Chamber Action tation to carry out a project for construction of a Routine Proceedings, pages S8235–S8334 plaza adjacent to the John F. Kennedy Center for the Measures Introduced: Ten bills and two resolu- Performing Arts, clearing the measure for the Presi- tions were introduced, as follows: S. 2903–2912, and dent. Page S8328 S. Res. 322–323. Page S8300 Thomas E. Burnett, Jr. Post Office Building: Measures Reported: Senate passed H.R. 5207, to designate the facility of H.R. 3214, to amend the charter of the AMVETS the United States Postal Service located at 6101 organization. West Old Shakopee Road in Bloomington, Min- H.R. 3838, to amend the charter of the Veterans nesota, as the ‘‘Thomas E. Burnett, Jr. Post Office of Foreign Wars of the United States organization to Building’’, clearing the measure for the President. make members of the armed forces who receive spe- Page S8328 cial pay for duty subject to hostile fire or imminent Joseph Curseen, Jr. and Thomas Morris, Jr. danger eligible for membership in the organization. Processing and Distribution Center: Senate passed S. Res. 316, designating the year beginning Feb- H.R. 3287, to redesignate the facility of the United ruary 1, 2003, as the ‘‘Year of the Blues’’. States Postal Service located at 900 Brentwood Road, S. 1615, to provide for the sharing of certain for- NE, in Washington, D.C., as the ‘‘Joseph Curseen, eign intelligence information with local law enforce- Jr. and Thomas Morris, Jr. Processing and Distribu- ment personnel, with an amendment in the nature tion Center’’, clearing the measure for the President. of a substitute. Pages S8328–29 S. 1972, to amend the charter of the AMVETS or- Congratulating Lance Armstrong: Committee on ganization. the Judiciary was discharged from further consider- S. 2127, for the relief of the Pottawatomi Nation ation of S. Res. 315, congratulating Lance Arm- in Canada for settlement of certain claims against strong for winning the 2002 Tour de France, and the United States. the resolution was then agreed to. Page S8329 S. 2896, to enhance the operation of the AMBER Alert communications network in order to facilitate Mercury Reduction and Disposal Act: Senate the recovery of abducted children, to provide for en- passed S. 351, to amend the Solid Waste Disposal hanced notification on highways of alerts and infor- Act to reduce the quantity of mercury in the envi- mation on such children, with an amendment in the ronment by limiting the use of mercury fever ther- mometers and improving the collection and proper nature of a substitute. Pages S8299–S8300 management of mercury, after agreeing to the com- Measures Passed: mittee amendment in the nature of a substitute, and Legal Counsel Representation: Senate agreed to the following amendment proposed thereto: S. Res. 323, to authorize testimony and representa- Pages S8329–34 tion in Senator Mitch McConnell, et al. v. Federal Elec- Reid (for Jeffords/Smith (NH)) Amendment No. tion Commission, et al., and consolidated cases. 4511, to make certain revisions to the bill. Page S8327 Page S8333 JFK Center Plaza Authorization Act: Senate Department of the Interior Appropriations: Sen- passed H.R. 5012, to amend the John F. Kennedy ate continued consideration of H.R. 5093, making D896

VerDate Aug 23 2002 05:56 Sep 06, 2002 Jkt 099060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D05SE2.REC D05SE2 September 5, 2002 CONGRESSIONAL RECORD — DAILY DIGEST D897 appropriations for the Department of the Interior day, September 10, 2002, with 60 minutes of debate and related agencies for the fiscal year ending Sep- remaining on Amendment No. 4481, with a vote to tember 30, 2003, taking action on the following occur in relation to the amendment; that if a Budget amendments proposed thereto: Act point of order is raised and a motion to waive Pages S8235–38, S8239–45, S8246–50 the Budget Act is successful, or if a tabling motion Adopted: is made and is unsuccessful, without further inter- Byrd (for Murray) Amendment No. 4493 (to vening action or debate, the Senate then vote imme- Amendment No. 4472), to provide funds for the diately on the amendment, that upon disposition of Vancouver National Historic Reserve in the State of the amendment, the motion to reconsider then be Washington, with an offset. Page S8236 laid upon the table; that upon the entering of this Burns (for Campbell) Amendment No. 4494 (to agreement, the cloture motion with respect to the Amendment No. 4472), to modify the provision re- Daschle amendment (listed above) be vitiated. lating to transportation services to include Rocky Page S8325 Mountain National Park. Page S8236 Homeland Security Act: Senate continued consider- Byrd (for Leahy) Amendment No. 4495 (to ation of H.R. 5005, to establish the Department of Amendment No. 4472), to permit the use of a sin- Homeland Security, taking action on the following gle procurement contract by the Smithsonian Insti- amendments proposed thereto: Pages S8255–80 tution for a multi-year repair and renovation of the Patent Office Building, subject to the availability of Adopted: Reid (for Wellstone) Modified Amendment No. annual appropriations. Page S8236 Burns (for Collins) Amendment No. 4496 (to 4490 (to Amendment No. 4486), in the nature of Amendment No. 4472), to redistribute funds allo- a substitute. Pages S8255–56 cated for Atlantic salmon recovery. Page S8236 Wellstone Amendment No. 4486 (to Amendment Byrd (for Graham/Nelson) Amendment No. 4497 No. 4471), to prohibit the Secretary of Homeland (to Amendment No. 4472), to direct the Corps of Security from contracting with any corporate expa- Engineers to construct a portion of the modified triate. Pages S8255–57 water delivery project in the State of Florida. By 87 yeas to 6 nays (Vote No. 210), Reid (for Pages S8236–37 Boxer/Smith (N.H.)) Further Modified Amendment Burns (for Hutchison) Amendment No. 4498 (to No. 4492 (to Amendment No. 4491), in the nature Amendment No. 4472), to make a technical change of a substitute. Pages S8255, S8264–80 with respect to the Lower Rio Grande Valley Na- Smith (N.H.) Amendment No. 4491 (to Amend- tional Wildlife Refuge. Page S8237 ment No. 4471), to amend title 49, United States Burns (for Kyl) Amendment No. 4499 (to Code, to improve flight and cabin security on pas- Amendment No. 4472), to require the Director of senger aircraft. Pages S8255, S8280 the National Park Service to report to Congress on Pending: the status of the Colorado River Management Plan. Lieberman Amendment No. 4471, in the nature Page S8237 of a substitute. Pages S8255–80 Pending: A unanimous-consent agreement was reached pro- Byrd Amendment No. 4472, in the nature of a viding for further consideration of the bill on Mon- substitute. Pages S8235–38, S8239–45, S8246–50 day, September 9, 2002, following the vote on the Byrd Amendment No. 4480 (to Amendment No. nomination of Kenneth A. Marra, to be United 4472), to provide funds to repay accounts from States District Judge for the Southern District of which funds were borrowed for emergency wildfire Florida. Page S8325 suppression. Page S8235 Authority for a Committee—Agreement: A unan- Daschle Modified Amendment No. 4481 (to imous-consent agreement was reached providing that Amendment No. 4480), to provide emergency dis- the Foreign Relations Committee be authorized to aster assistance to agricultural producers. report an Executive Treaty on Friday, September 6, Pages S8235, S8237–38, S8239–45, S8246–50 A motion was entered to close further debate on 2002, from 10 a.m. to 11 a.m., notwithstanding the Daschle Modified Amendment No. 4481 (to adjournment of the Senate. Page S8328 Amendment No. 4480), listed above and, in accord- Removal of Injunction of Secrecy: The injunction ance with the provisions of Rule XXII of the Stand- of secrecy was removed from the following treaty: ing Rules of the Senate, a cloture vote will occur on Treaty with Liechtenstein on Mutual Legal Assist- Tuesday, September 10, 2002. Page S8245 ance in Criminal Matters (Treaty Doc. No. 107–16). A unanimous-consent agreement was reached pro- The treaty was transmitted to the Senate today, viding for further consideration of the bill on Tues- considered as having been read for the first time, and

VerDate Aug 23 2002 05:56 Sep 06, 2002 Jkt 099060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D05SE2.REC D05SE2 D898 CONGRESSIONAL RECORD — DAILY DIGEST September 5, 2002 referred, with accompanying papers, to the Com- Adjournment: Senate met at 9:30 a.m., and ad- mittee on Foreign Relations and ordered to be print- journed at 7:35 p.m., until 12 noon, on Monday, ed. Pages S8325–26 September 9, 2002. (For Senate’s program, see the Treaties Approved: The following treaties having remarks of the Acting Majority Leader in today’s passed through their various parliamentary stages, up Record on page S8329). to and including the presentation of the resolution of ratification, upon division, two-thirds of the Sen- Committee Meetings ators present and having voted in the affirmative, the resolutions of ratification were agreed to: (Committees not listed did not meet) Protocol Amending 1949 Convention of Inter- OAK TREE MORTALITY American Tropical Tuna Commission (Treaty Doc. Committee on Agriculture, Nutrition, and Forestry: Sub- 107–2); committee on Forestry, Conservation, and Rural Re- South Pacific Environment Programme Agreement vitalization concluded hearings to examine the de- (Treaty Doc. 105–32) with one declaration; and cline of oak tree populations in southern states 1990 Protocol to the 1983 Maritime Environment caused by prolonged drought and red oak borer in- of the Wider Caribbean Region Convention (Treaty sect infestation, after receiving testimony from Sen- Doc. 103–5) with three reservations, one under- ator Carnahan; Tom Thompson, Deputy Chief, Na- standing, and one declaration. Pages S8326–27 tional Forest System, and Charles Richmond, Forest Nomination—Agreement: A unanimous-consent Supervisor, Ozark-St. Francis National Forest, both agreement was reached providing for the consider- of the Forest Service, Department of Agriculture; ation of the nomination of Kenneth A. Marra, to be John T. Shannon, Arkansas Forestry Commission, United States District Judge for the Southern Dis- Little Rock, and Robert L. Krepps, Missouri Depart- trict of Florida, on Monday, September 9, 2002, at ment of Conservation, Jefferson City, both of the 1 p.m., with a vote to occur thereon. Page S8329 National Association of State Foresters; Scott Simon, Nominations Confirmed: Senate confirmed the fol- Nature Conservancy, Little Rock, Arkansas; James R. lowing nominations: Crouch, Russellville, Arkansas, on behalf of the Pamela F. Olson, of Virginia, to be an Assistant Ouachita Timber Purchasers Group, Ozark St. Francis Renewable Resource Council, Mark Twain Secretary of the Treasury. Pages S8326, S8334 Timber Purchasers Group, and the American Forest Nominations Received: Senate received the fol- and Paper Association. lowing nominations: David N. Greenlee, of Maryland, to be Ambas- COLLEGIATE FINANCIAL LITERACY sador to the Republic of Bolivia. Committee on Banking, Housing, and Urban Affairs: Robin Renee Sanders, of New York, to be Ambas- Committee concluded hearings to examine consumer sador to the Republic of Congo. debt among college students and the lack of finan- Anne B. Pope, of Tennessee, to be Federal Co- cial literacy/education programs for America’s youth, chairman of the Appalachian Regional Commission. after receiving testimony from Representative Richard J. Peltz, of Pennsylvania, to be Alter- Slaughter; Jonathan Miller, Kentucky Office of State native Federal Cochairman of the Appalachian Re- Treasurer, Frankfort; Robert D. Manning, Rochester gional Commission. Page S8334 Institute of Technology, Rochester, New York; Ellen Frishberg, Johns Hopkins University, Baltimore, Messages From the House: Page S8296 Maryland; Natala K. Hart, Ohio State University, Measures Referred: Page S8296 Columbus; and Michael E. Staten, Georgetown Uni- Executive Communications: Pages S8296–99 versity McDonough School of Business, Washington, D.C. Additional Cosponsors: Pages S8300–02 NOMINATIONS Statements on Introduced Bills/Resolutions: Pages S8302–12 Committee on Commerce, Science, and Transportation: Committee concluded hearings on the nominations Additional Statements: Pages S8294–95 of David McQueen Laney, of Texas, to be a Member Amendments Submitted: Pages S8312–16 of the Reform Board (Amtrak), and Roger P. Nober, Authority for Committees to Meet: Page S8316 of Maryland, to be a Member of the Surface Trans- portation Board, Department of Transportation, after Privilege of the Floor: Page S8325 the nominees testified and answered questions in Record Votes: One record vote was taken today. their own behalf. Mr. Laney was introduced by Sen- (Total—210) Page S8280 ator Hutchison, and Mr. Nober was introduced by

VerDate Aug 23 2002 05:56 Sep 06, 2002 Jkt 099060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D05SE2.REC D05SE2 September 5, 2002 CONGRESSIONAL RECORD — DAILY DIGEST D899 Senators Baucus and Warner, and Representative H.R. 3838, to amend the charter of the Veterans Petri. of Foreign Wars of the United States organization to make members of the armed forces who receive spe- BUSINESS MEETING cial pay for duty subject to hostile fire or imminent Committee on Health, Education, Labor, and Pensions: danger eligible for membership in the organization; Committee ordered favorably reported the following S. 1972, to amend the charter of the AMVETS or- bills: ganization; S. 2328, to amend the Public Health Service Act H.R. 3214, to amend the charter of the AMVETS and the Federal Food, Drug, and Cosmetic Act to organization; ensure a safe pregnancy for all women in the United S. Res. 316, designating the year beginning Feb- States, to reduce the rate of maternal morbidity and ruary 1, 2003, as the ‘‘Year of the Blues’’; mortality, to eliminate racial and ethnic disparities S. 2896, to enhance the operation of the AMBER in maternal health outcomes, to reduce pre-term, Alert communications network in order to facilitate labor, to examine the impact of pregnancy on the the recovery of abducted children, to provide for en- short and long term health of women, to expand hanced notification on highways of alerts and infor- knowledge about the safety and dosing of drugs to mation on such children, with an amendment in the treat pregnant women with chronic conditions and nature of a substitute; women who become sick during pregnancy, to ex- S. 1615, to provide for the sharing of certain for- pand public health prevention, education and out- eign intelligence information with local law enforce- reach, and to develop improved and more accurate ment personnel, with an amendment in the nature data collection related to maternal morbidity and of a substitute; and mortality, with an amendment in the nature of a The nominations of Reena Raggi, of New York, substitute; and to be United States Circuit Judge for the Second S. 2817, to authorize appropriations for fiscal Circuit, James Knoll Gardner, to be United States years 2003, 2004, 2005, 2006, and 2007 for the District Judge for the Eastern District of Pennsyl- National Science Foundation, with an amendment in vania, and Denny Wade King, to be United States the nature of a substitute. Marshal for the Middle District of Tennessee. Also, committee failed to approve the reporting of BUSINESS MEETING the nomination of Priscilla Richman Owen, of Texas, Committee on the Judiciary: Committee ordered favor- to be United States Circuit Judge for the Fifth Cir- ably reported the following business items: cuit. S. 2127, for the relief of the Pottawatomi Nation in Canada for settlement of certain claims against INTELLIGENCE the United States; Select Committee on Intelligence: Committee held closed H.R. 809, to make technical corrections to various hearings on intelligence matters, receiving testimony antitrust laws and to references to such laws, with from officials of the intelligence community. an amendment; Committee recessed subject to call. h House of Representatives H.R. 4822, to clarify that the Upper Missouri Chamber Action River Breaks National Monument does not include Measures Introduced: 9 public bills, H.R. within its boundaries any privately owned property 5334–5342; 1 private bill, H.R. 5343; and 2 resolu- (H. Rept. 107–642); tions, H. Con. Res. 462, and H. Res. 517, were in- H.R. 4938, to direct the Secretary of the Interior, troduced. Pages H6084–85 through the Bureau of Reclamation, to conduct a Reports Filed: Reports were filed today as follows: feasibility study to determine the most feasible H.R. 4708, to authorize the Secretary of the Inte- method of developing a safe and adequate municipal, rior to convey certain facilities to the Fremont-Madi- rural, and industrial water supply for the Santee son Irrigation District, amended (H. Rept. Sioux Tribe of Nebraska (H. Rept. 107–643); and 107–641);

VerDate Aug 23 2002 05:56 Sep 06, 2002 Jkt 099060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D05SE2.REC D05SE2 D900 CONGRESSIONAL RECORD — DAILY DIGEST September 5, 2002 H.R. 5157, to amend section 5307 of title 49, United States Code, to allow transit systems in ur- Committee Meetings banized areas that, for the first time, exceeded 200,000 in population according to the 2000 census ENERGY AND WATER DEVELOPMENT to retain flexibility in the use of Federal transit for- APPROPRIATIONS mula grants in fiscal year 2003 (H. Rept. 107–644). Committee on Appropriations: Ordered reported the En- Page H6084 ergy and Water Development Appropriations for fis- cal year 2003. Guest Chaplain: The prayer was offered by the Guest Chaplain, Rev. Jeff C. Hudson, Senior Pastor, FOREIGN OPERATIONS APPROPRIATIONS Fredericktowne Baptist Church, Frederick, Maryland. Page H6063 Committee on Appropriations: Subcommittee on Foreign Operations approved for full Committee action the Dam Safety and Security Act: The House passed Foreign Operations appropriations for fiscal year H.R. 4727, to reauthorize the national dam safety 2003. program by a yea-and-nay vote of 401 yeas to 2 nays, Roll No. 373. Pages H6065–70 SELECT COMMITTEE ON INTELLIGENCE Agreed to the amendment in the nature of a sub- REPORT stitute recommended by the Committee on Trans- portation and Infrastructure now printed in the bill Committee on Armed Services: Special Oversight Panel on Terrorism held a hearing on a report of the (H. Rept. 107–626). Page H6070 Agreed to the Wu amendment that clarifies that House Permanent Select Committee on Intelligence the National Dam Safety Review Board may include entitled ‘‘Counter-Terrorism Intelligence Capabilities and Performance of the CIA, FBI, and NSA Prior to a representative of the National Laboratories of the 9/11.’’ Testimony was heard from Representatives Department of Energy. Page H6069 Chambliss and Harman. Suspension—Honoring Venus and Serena Wil- liams: The House agreed to suspend the rules and CANCELING LOANS TO ALLOW SCHOOL agree to H. Res. 94, honoring the contributions of SYSTEMS TO ATTRACT CLASSROOM Venus and Serena Williams by a yea-and-nay vote of TEACHERS ACT 398 yeas with none voting ‘‘nay’’, Roll No. 374. The Committee on Education and the Workforce: Ordered re- motion was debated on Sept. 4. Pages H6070–71 ported, as amended, H.R. 5091, Canceling Loans to Legislative Program: The Majority Leader an- Allow School Systems to Attract Classroom Teachers nounced the legislative program for the week of Act. Sept. 9. Pages H6071–72 Meeting Hour—Monday, Sept. 9: Agreed that MISCELLANEOUS MEASURES when the House adjourns today, it adjourn to meet Committee on Energy and Commerce: Ordered reported at 12:30 p.m. on Monday, Sept. 9 for morning hour the following measures: H.R. 3880, amended, to debate. Page H6072 provide a temporary waiver from certain transpor- Meeting Hour—Tuesday, Sept. 10: Agreed that tation conformity requirements and metropolitan when the House adjourns on Monday, Sept. 9, 2002, transportation planning requirements under the it adjourn to meet at 10:30 a.m. on Tuesday, Sept. Clean Air Act and under other laws for certain areas 10, for morning hour debate. in New York where the planning offices and re- sources have been destroyed by acts of terrorism; Calendar Wednesday: Agreed to dispense with the H.R. 4793, amended, Mosquito Abatement for Safe- Calendar Wednesday business of Wednesday, Sept. ty and Health Act; H.R. 4014, Rare Diseases Or- 11. Page H6072 phan Product Development Act of 2002; H. Con. Quorum Calls Votes: Two yea-and-nay votes devel- Res. 189, amended, expressing the sense of the Con- oped during the proceedings of the House today and gress regarding inflammatory bowel disease; H. Con. appear on pages H6070 and H6071. There were no Res. 320, amended, expressing the sense of Congress quorum calls. regarding Scleroderma; H. Con. Res. 291, expressing the sense of the Congress with respect to the disease Adjournment: The House met at 10 a.m. and ad- endometriosis; and H. Con. Res. 435, expressing the journed at 1:08 p.m. sense of the Congress that the therapeutic technique knows as rebirthing is a dangerous and harmful practice and should be prohibited.

VerDate Aug 23 2002 05:56 Sep 06, 2002 Jkt 099060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D05SE2.REC D05SE2 September 5, 2002 CONGRESSIONAL RECORD — DAILY DIGEST D901 MISCELLANEOUS MEASURES BACK TO SCHOOL TAX RELIEF ACT Committee on the Judiciary: Ordered reported, as Committee on Ways and Means: Ordered reported, as amended, H.R. 1701, Consumer Rental Purchase amended, H.R. 5193, Back to School Tax Relief Act Agreement. of 2002. The Committee also began markup of H.R. 4689, Fairness in Sentencing Act of 2002. Joint Meetings NATIONAL DEFENSE AUTHORIZATION ADMINISTRATION’S HEALTHY FORESTS— MISCELLANEOUS MEASURES Conferees met to resolve the differences between the Senate and House passed versions of H.R. 4546, to Committee on Resources: Met to discuss the Administra- authorize appropriations for fiscal year 2003 for mili- tion’s Healthy Forests: An Initiative for Wildlife tary activities of the Department of Defense, for Prevention and Stronger Communities and to hold a military construction, and for defense activities of hearing on the following measures: H.R. 5214, Na- the Department of Energy, and to prescribe per- tional Forest Fire Prevention Act; H.R. 5309, Wild- sonnel strengths for such fiscal year for the Armed life Prevention and Forest Health Protection Act of Forces, focusing on personnel and strategic provi- 2002; and H.R. 5319, Healthy Forests Reform Act sions, but did not complete action thereon, and will of 2002. Testimony was heard from Representatives meet again on Wednesday, September 11. McInnis, Shadegg and Rehberg; Ann Veneman, Sec- f retary of Agriculture; Gale A. Norton, Secretary of the Interior; and public witnesses. COMMITTEE MEETINGS FOR FRIDAY, SEPTEMBER 6, 2002 MISCELLANEOUS MEASURES (Committee meetings are open unless otherwise indicated) Committee on Resources: Subcommittee on National Senate Parks, Recreation and Public Lands held a hearing No meetings/hearings scheduled. on the following bills: H.R. 282, to authorize the Pyramid of Remembrance Foundation to establish a House memorial in the District of Columbia or its environs No meetings are scheduled. to soldiers who have lost their lives during peace- f keeping operations, humanitarian efforts, training, terrorist attacks, or covert operations; H.R. 3747, CONGRESSIONAL PROGRAM AHEAD Bainbridge Island Japanese-American Memorial Week of September 9 through September 14, Study Act of 2002; H.R. 4692, to amend the Act 2002 entitled ‘An Act to authorize the Establishment of the Andersonville National Historic Site in the State Senate Chamber of Georgia, and for other purposes’, to provide for On Monday, at 1 p.m., Senate will consider the the addition of certain donated lands to the Ander- nomination of Kenneth A. Marra, to be United sonville National Historic Site; and H.R. 5318, to States District Judge for the Southern District of provide for an exchange of certain private property Florida, with a vote to occur thereon; following in Colorado and certain Federal property in Utah. which, Senate will resume consideration of H.R. Testimony was heard from Representatives 5005, Homeland Security Act. LaTourette, Inslee and Bishop; the following officials On Tuesday, Senate will continue consideration of of the Department of the Interior: John Parsons, As- H.R. 5093, Department of the Interior Appropria- sociate Regional Director, National Capital Region, tions Act, and resume consideration of H.R. 5005, National Park Service; and Jim Hughes, Deputy Di- Homeland Security Act. rector, Bureau of Land Management; Darlene During the balance of the week, Senate will also Kordonowy, Mayor, Bainbridge Island, State of consider any other cleared legislative and executive Washington; and public witnesses. business, including appropriations bills and con- ference reports, when available. DRIVER’S LICENSE SECURITY ISSUES Senate Committees Committee on Transportation and Infrastructure: Sub- (Committee meetings are open unless otherwise indicated) committee on Highways and Transit held a hearing Committee on Commerce, Science, and Transportation: Sep- on Driver’s License Security Issues. Testimony was tember 9, Subcommittee on Surface Transportation and heard from public witnesses. Merchant Marine, with the Committee on Environment

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and Public Works, Subcommittee on Transportation, In- Affairs to examine the legislative presentation of the frastructure, and Nuclear Safety, to hold joint hearings to American Legion, 10 a.m., 345 Cannon Building. examine freight transportation issues, 2:30 p.m., SR–253. September 10, Full Committee, to hold hearings to ex- House Chamber amine the status of aviation security one year after Sep- To be announced. tember 11, 2001, 9:30 a.m., SR–253. September 12, Subcommittee on Science, Technology, House Committees and Space, to hold hearings to examine S. 2537 and H.R. 3833, bills to facilitate the creation of a new, second-level Committee on the Budget, September 12, hearing on Eco- Internet domain within the United States country code nomic Outlook, 10 a.m., 210 Cannon. domain that will be a haven for material that promotes Committee on Education and the Workforce, September 10, positive experiences for children and families using the Subcommittee on Employer-Employee Relations, hearing Internet, provides a safe online environment for children, entitled ‘‘Retirement Security for American Workers: Ex- and helps to prevent children from being exposed to amining Pension Enforcement and Accountability,’’ 10:30 harmful material on the Internet, 2:30 p.m., SR–253. a.m., 2175 Rayburn. Committee on Environment and Public Works: September 9, Committee on Energy and Commerce, September 10, Sub- Subcommittee on Transportation, Infrastructure, and Nu- committee on Oversight and Investigations, hearing enti- clear Safety, with the Committee on Commerce, Science, tled ‘‘America’s Blood Supply in the Aftermath of Sep- and Transportation, Subcommittee on Surface Transpor- tember 11, 2001,’’ 10 a.m., 2123 Rayburn. tation and Merchant Marine, to hold joint hearings to ex- Committee on Government Reform, September 10, Sub- amine freight transportation issues, 2:30 p.m., SR–253. committee on Government Efficiency, Financial Manage- September 13, Full Committee, to hold hearings to ex- ment and Intergovernmental Relations, hearing on H.R. amine the Everglades, 9:30 a.m., SD–406. 5215, Confidential Information Protection and Statistical Committee on Foreign Relations: September 12, Sub- Efficiency Act of 2002, 2 p.m., 2247 Rayburn. committee on International Economic Policy, Export and September 12, full Committee, hearing entitled ‘‘Con- Trade Promotion, to hold hearings to examine replenish- flict With Iraq-An Israeli Perspective,’’ 2 p.m., 2154 ment authorizations for the World Bank’s International Rayburn. Development Association, the Asian Development Fund, Committee on International Relations, September 12, Sub- and the African Development Fund, 10:15 a.m., SD–419. committee on the Middle East and South Asia, hearing September 12, Full Committee, to hold hearings to ex- on U.S. Policy Toward Syria and on H.R. 4483, Syria amine the Treaty Between the United States of America Accountability Act, 10:15 a.m., 2172 Rayburn. and the Russian Federation on Strategic Offensive Reduc- Committee on the Judiciary, September 12, Subcommittee tions, Signed at Moscow on May 24, 2002 (Treaty Doc. on the Constitution, oversight hearing on Privacy Con- 107–08), 2:30 p.m., SD–419. cerns Raised by the Collection and Use of Genetic Infor- Committee on Health, Education, Labor, and Pensions: Sep- mation by Employers and Insurers, 10 a.m., 2237 Ray- tember 10, to hold hearings to examine the implementa- burn. tion of the Elementary and Secondary Education Act, fo- Committee on Rules, September 12, hearing on proposed cusing on Title 1, 10 a.m., SD–430. changes to House rules, 1:30 p.m., H–313 Capitol. September 12, Full Committee, to hold hearings to ex- Committee on Transportation and Infrastructure, September amine restoring economic security for workers in the na- 10, Subcommittee on Highways and Transit, hearing on tion one year after September 11, 2001, 10 a.m., Intelligent Transportation Systems, 10 a.m., 2167 Ray- SD–106. burn. Committee on Indian Affairs: September 12, to hold over- September 12, Subcommittee on Economic Develop- sight hearings to examine successful strategies for Indian ment, Public Buildings and Emergency Management, reservation development, 10 a.m., SR–485. hearing on Delta Regional Authority and Southeast Cres- Select Committee on Intelligence: September 10, to cent Authority: Progress and Prospects for Regional De- hold closed hearings to examine intelligence matters, 2:30 velopment Authorities, 9 a.m., 2253 Rayburn. p.m., SH–219. Committee on Veterans’ Affairs, September 12, hearing on September 12, Full Committee, to hold joint closed the Department of Veterans Affairs homeless veterans hearings with the House Permanent Select Committee on programs, 1:30 p.m., 340 Cannon. Intelligence to examine events surrounding September 11, Committee on Ways and Means, September 10, Sub- 2001, 10 a.m., S–407, Capitol. committee on Health, hearing on legislation to Reduce Committee on the Judiciary: September 10, to hold hear- Medical Errors, 10 a.m., 1100 Longworth. ings to examine the implementation of the USA PA- TRIOT Act, focusing on the expansion of the Foreign In- Joint Meetings telligence Surveillance Act (FISA), in which the standards Conference: September 11, meeting of conferees, in for courts to approve surveillance of foreign intelligence closed session, on H.R. 4546, to authorize appropriations gathering are far less demanding than those required for for fiscal year 2003 for military activities of the Depart- approval of a criminal wiretap, 10 a.m., SD–226. ment of Defense, for military construction, and for de- Committee on Veterans’ Affairs: September 10, to hold fense activities of the Department of Energy, to prescribe joint hearings with the House Committee on Veterans’ personnel strengths for such fiscal year for the Armed

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Forces, focusing on readiness provisions, 1:30 p.m., personnel strengths for such fiscal year for the Armed S–211, Capitol. Forces, focusing on strategic provisions, 5:30 p.m., Conference: September 11, meeting of conferees, in HC–8, Capitol. closed session, on H.R. 4546, to authorize appropriations Conference: September 13, meeting of conferees, in for fiscal year 2003 for military activities of the Depart- closed session, on H.R. 4546, to authorize appropriations ment of Defense, for military construction, and for de- for fiscal year 2003 for military activities of the Depart- fense activities of the Department of Energy, to prescribe ment of Defense, for military construction, and for de- personnel strengths for such fiscal year for the Armed fense activities of the Department of Energy, to prescribe Forces, 4 p.m., 345 CHOB. personnel strengths for such fiscal year for the Armed Conference: September 12, meeting of conferees, in Forces, focusing on general provisions, 9:30 a.m., S–207, closed session, on H.R. 4546, to authorize appropriations Capitol. for fiscal year 2003 for military activities of the Depart- ment of Defense, for military construction, and for de- Joint Meetings: September 10, Senate Committee on fense activities of the Department of Energy, to prescribe Veterans’ Affairs, to hold joint hearings with the House personnel strengths for such fiscal year for the Armed Committee on Veterans’ Affairs to examine the legislative Forces, focusing on personnel provisions, 3 p.m., HC–8, presentation of the American Legion, 10 a.m., 345, Can- Capitol. non Building. Conference: September 12, meeting of conferees, in Joint Meetings: September 12, Senate Select Committee closed session, on H.R. 4546, to authorize appropriations on Intelligence, to hold joint closed hearings with the for fiscal year 2003 for military activities of the Depart- House Permanent Select Committee on Intelligence to ex- ment of Defense, for military construction, and for de- amine events surrounding September 11, 2001, 10 a.m., fense activities of the Department of Energy, to prescribe S–407, Capitol.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 12 noon, Monday, September 9 12:30 p.m., Monday, September 9

Senate Chamber House Chamber Program for Monday: After the transaction of any Program for Monday: To be announced. morning business (not to extend beyond 1 p.m.), Senate will consider the nomination of Kenneth A. Marra, of Florida, to be United States District Judge for the South- ern District of Florida, with a vote to occur thereon; fol- lowing which Senate will resume consideration of H.R. 5005, Homeland Security Act.

Extensions of Remarks, as inserted in this issue

HOUSE Gordon, Bart, Tenn., E1498, E1502 Murtha, John P., Pa., E1521 Graves, Sam, Mo., E1510, E1517 Oberstar, James L., Minn., E1518 Burr, Richard, N.C., E1507 Hall, Ralph M., Tex., E1515 Pastor, Ed, Ariz., E1499 Calvert, Ken, Calif., E1514 Hill, Baron P., Ind., E1504 Payne, Donald M., N.J., E1520 Capito, Shelley Moore, W.Va., E1515 Hobson, David L., Ohio, E1512 Pelosi, Nancy, Calif., E1514 Chambliss, Saxby, Ga., E1504 Horn, Stephen, Calif., E1511 Radanovich, George, Calif., E1521 Conyers, John, Jr., Mich., E1509, E1511, E1513 Israel, Steve, N.Y., E1502 Rangel, Charles B., N.Y., E1520 Costello, Jerry F., Ill., E1509, E1510, E1513 Issa, Darrell E., Calif., E1504, E1505 Reyes, Silvestre, Tex., E1517 Cramer, Robert E. (Bud), Jr., Ala., E1509, E1511, E1515 Jones, Walter B., N.C., E1506 Ross, Mike, Ark., E1507 Cummings, Elijah E., Md., E1510, E1512, E1516 Kirk, Mark Steven, Ill., E1505 Schaffer, Bob, Colo., E1497, E1500, E1516 Edwards, Chet, Tex., E1516 Lantos, Tom, Calif., E1498 Shaw, E. Clay, Jr., Fla., E1519 Engel, Eliot L., N.Y., E1502 Lee, Barbara, Calif., E1511 Skelton, Ike, Mo., E1517 Etheridge, Bob, N.C., E1518 Lewis, Jerry, Calif., E1518 Stark, Fortney Pete, Calif., E1519 Fletcher, Ernie, Ky., E1503 McCollum, Betty, Minn., E1515 Tauscher, Ellen O., Calif., E1497 Gekas, George W., Pa., E1521 McGovern, James P., Mass., E1499, E1500, E1513 Thomas, William M., Calif., E1521 Gephardt, Richard A., Mo., E1508 McInnis, Scott, Colo., E1497, E1499, E1500 Towns, Edolphus, N.Y., E1500, E1508 Gilman, Benjamin A., N.Y., E1514 McIntyre, Mike, N.C., E1503 Udall, Mark, Colo., E1506 Goodlatte, Bob, Va., E1502 Miller, George, Calif., E1501 Watson, Diane E., Calif., E1519

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