Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 107 CONGRESS, SECOND SESSION

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, FRIDAY, NOVEMBER 15, 2002 No. 148 House of Representatives The House was not in session today. Its next meeting will be held on Tuesday, November 19, 2002, at 12 noon. Senate FRIDAY, NOVEMBER 15, 2002

The Senate met at 9:45 a.m. and was tention on the planet Earth. We hum- Senators press on in consideration of called to order by the Honorable ble ourselves before You. You alone are the homeland security legislation. DEBBIE STABENOW, a Senator from the Lord of all nations and have called our Grip their minds with three assur- State of Michigan. Nation to be a leader of the family of ances to sustain them today: You are PRAYER nations. By Your providence You have Sovereign of this land and they are ac- The Chaplain, Dr. Lloyd John brought to this Senate the men and countable to You; You are able to Ogilvie, offered the following prayer: women through whom You can rule guide their thinking, speaking, and de- Almighty God, all power and author- wisely in soul-sized matters that affect cisions if they will ask You; and You ity belong to You. You hold the uni- the destiny of this Nation. With awe will bring them to unity so that they verse in Your hands and focus Your at- and wonder at Your trust in them, the may lead our Nation in its strategies of

NOTICE If the 107th Congress, 2d Session, adjourns sine die on or before November 22, 2002, a final issue of the Congres- sional Record for the 107th Congress, 2d Session, will be published on Monday, December 16, 2002, in order to permit Members to revise and extend their remarks. All material for insertion must be signed by the Member and delivered to the respective offices of the Official Reporters of Debates (Room HT–60 or S–123 of the Capitol), Monday through Friday, between the hours of 10:00 a.m. and 3:00 p.m. through Friday, December 13. The final issue will be dated Monday, December 16, 2002, and will be delivered on Tuesday, December 17, 2002. None of the material printed in the final issue of the Congressional Record may contain subject matter, or relate to any event that occurred after the sine die date. Senators’ statements should also be submitted electronically, either on a disk to accompany the signed statement, or by e-mail to the Official Reporters of Debates at ‘‘[email protected]’’. Members of the House of Representatives’ statements may also be submitted electronically by e-mail, to accompany the signed statement, and formatted according to the instructions for the Extensions of Remarks template at http:// clerkhouse.house.gov. The Official Reporters will transmit to GPO the template formatted electronic file only after receipt of, and authentication with, the hard copy, and signed manuscript. Deliver statements to the Official Reporters in Room HT–60. Members of Congress desiring to purchase reprints of material submitted for inclusion in the Congressional Record may do so by contacting the Congressional Printing Management Division, at the Government Printing Office, on 512–0224, between the hours of 8:00 a.m. and 4:00 p.m. daily. By order of the Joint Committee on Printing. MARK DAYTON, Chairman.

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VerDate 0ct 31 2002 23:52 Nov 16, 2002 Jkt 019060 PO 00000 Frm 00001 Fmt 4637 Sfmt 0634 E:\CR\FM\A15NO6.000 S15PT1 S11162 CONGRESSIONAL RECORD — SENATE November 15, 2002 defense and the world in its shared ob- Finally, we have things worked out. Mr. SARBANES. Will the Senator ligation to confront and defeat the in- We now have a conference report. I yield further for a question? sidious forces of terrorism. don’t know it if has been given to us Mr. REID. Yes. I am happy to yield. God of peace, hear our prayer. You yet. But, if not, it will be presented Mr. SARBANES. I am taken aback are our Lord and Saviour. Amen. shortly. by the notion that we are not going to I would indicate for all those who are be able to go to this legislation by f listening that there are ways: For ex- some unanimous consent, that we are PLEDGE OF ALLEGIANCE ample, someone could call for a going to have to invoke cloture, and all the rest of it. I do not quite understand The Honorable DEBBIE STABENOW led quorum. Of course, we could call for a where that opposition is coming from. the the Pledge of Allegiance, as fol- live quorum immediately. That is going to happen. In fact, it passed the House on a lows: voice vote without any opposition I pledge allegiance to the Flag of the We are not going to have games played with terrorism insurance any whatever expressed over on the House United States of America, and to the Repub- side. And this is something that has longer. This legislation is supported by lic for which it stands, one nation under God, been laboriously worked over under the the President of the United States and indivisible, with liberty and justice for all. very effective leadership of my very the two leaders. It passed the House, f distinguished and able colleague from and the legislation is going to pass. APPOINTMENT OF ACTING Connecticut. I was operating under the f PRESIDENT PRO TEMPORE assumption that we would be able to go RESERVATION OF LEADER TIME to it in short order. The PRESIDING OFFICER. The People will want to make some clerk will please read a communication The ACTING PRESIDENT pro tem- speeches and explanatory statements, I to the Senate from the President pro pore. Under the previous order, the would assume, although I don’t see any tempore (Mr. BYRD). leadership time is reserved. need for any lengthy debate or a long The legislative clerk read the fol- f involvement of time in order to finally lowing letter: MORNING BUSINESS conclude this legislation. Mr. REID. I respond to my friend, the U.S. SENATE, The ACTING PRESIDENT pro tem- PRESIDENT PRO TEMPORE, chairman of the Banking Committee, Washington, DC, November 15, 2002. pore. Under the previous order, there logic, reason, common sense has not To the Senate: will now be a period for the transaction applied to this legislation. We have Under the provisions of rule I, paragraph 3, of morning business not to extend be- worked on this for more than a year, of the Standing Rules of the Senate, I hereby yond the hour of 10 a.m., with the time and just when it appears we are over appoint the Honorable DEBBIE STABENOW, a to be equally divided between the two the hill, some phantom objection Senator from the State of Michigan, to per- leaders or their designees. form the duties of the Chair. comes and we are not able to do it. The Senator from Connecticut. We are now at this point, and I think ROBERT C. BYRD, President pro tempore. f that what should happen is there should be a couple of hours. This is Ms. STABENOW thereupon assumed HOMELAND SECURITY AND TERRORISM INSURANCE some of the most important legislation the chair as Acting President pro tem- that has passed this body. It is ex- pore. Mr. DODD. Madam President, I am tremely important to all sectors of our f curious, if I could get the attention of economy. I think we should have a cou- the distinguished majority whip, what RECOGNITION OF THE ACTING ple hours to explain the legislation and is the plan this morning, if I can in- MAJORITY LEADER then have a vote on it and get it out of quire of how we are going to proceed? here and send it to the President’s The ACTING PRESIDENT pro tem- Mr. REID. We, of course, in 55 min- desk. I think that would be the pref- pore. The Senator from Nevada is rec- utes, are going to vote on cloture on erence of a vast majority of the people ognized. homeland security. Prior to that time, here. f it would be our desire to move to the But I want to make it very clear to very important antiterrorism legisla- everyone here, if we cannot do it in a SCHEDULE tion that has been here for more than logical, reasonable, orderly way, we are Mr. REID. Madam President, there is a year. We are going to do that. We going to do whatever it takes to get going to be a period of morning busi- would like to do it by unanimous con- this legislation out of here. If we have ness until 10 a.m. this morning with sent. As the chairman knows, it is a to work tomorrow, Sunday, Monday, the time to be equally divided between nondebatable motion to move to that this legislation will pass. And we are the two leaders. At 10 a.m., the major- matter. We are going to have a vote on now in the procedural perspective ity leader or his designee is to be rec- that in the near future. We do not where alternatives to slowing this ognized, and at that time there will be know exactly when. down are very slim. an effort to move to the conference re- We are going to try to get a unani- Mr. SARBANES. I thank the Sen- port on terrorism. A rollcall vote is ex- mous consent agreement, perhaps, to ator. pected on the motion as soon as pos- only have one vote and get rid of the Mr. BYRD. Will the Senator yield? Mr. REID. I am happy to yield to the sible. At 10:45, the Senate will vote on legislation. That would be preferable, President pro tempore. cloture on the substitute amendment rather than trying to mess around with Mr. BYRD. I hope we are not going to to the Homeland Security Act. a cloture motion on it because, if nec- work on Sunday. That is a religious There is much work to be done today, essary, we will file cloture on it. holiday for this Senator. We do observe including completing the homeland se- Mr. BYRD. Will the Senator yield for religious holidays around here. Fur- curity legislation. The chairman of the a question? thermore, I think the distinguished Banking Committee is here, and also Mr. REID. I am happy to yield. Democratic whip’s mention of reason the chairman of the Rules Committee, Mr. BYRD. Is the Senator talking and logic and common sense should be the Senator from Connecticut, Mr. about a conference report when he says applied to the homeland security legis- DODD. They have worked long and hard it is a nondebatable motion? Is he talk- lation as well. on the terrorism insurance legislation. ing about a conference report? I hope all Senators within the sound The House passed that last night, and Mr. REID. Yes. What I am talking of my voice here in this Chamber and that will be passed as soon as possible. about is, we have terrorism insurance listening on the TV—— We are not going to leave here until legislation passed in the House last The ACTING PRESIDENT pro tem- that legislation is passed—whether it night. pore. The time controlled by the ma- takes the next 10 minutes or the next Mr. BYRD. Is that a conference re- jority leader has expired. 10 days. Both leaders have indicated it port? Mr. BYRD. Madam President, I ask will be passed. It is something the Mr. REID. Yes, it is a conference re- unanimous consent to proceed for 1 White House wants very badly. port. minute.

VerDate 0ct 31 2002 23:52 Nov 16, 2002 Jkt 019060 PO 00000 Frm 00002 Fmt 4637 Sfmt 0634 E:\CR\FM\G15NO6.001 S15PT1 November 15, 2002 CONGRESSIONAL RECORD — SENATE S11163 The ACTING PRESIDENT pro tem- into the bill in the wee hours of the money out under the guise of an orga- pore. Is there objection? morning of Wednesday. It is alarming. nization called Seniors United in order Without objection, it is so ordered. Here we are about to pass this mas- to defeat Democratic lawmakers and Mr. BYRD. I hope that all Senators sive bill without our knowing its con- support Republican lawmakers. within the sound of my voice will vote tents. It has never seen a day or an The point is, this provision now is no on cloture today. Here is a 484-page hour of hearings in any committee, and slipped into a homeland security bill. bill that we have not seen until the wee it is just put together by somebody in It has nothing to do with homeland se- hours of the morning on Wednesday, the shades of darkness. And then, here curity. Yet it is a provision that likely the day before yesterday. And the Sen- it is, dropped on our desks yesterday will be very beneficial to the pharma- ators are being asked to invoke cloture morning. ceutical industry that spent $16 million on this measure when we do not know We are supposed to pass this. It pro- in the last election. everything about it. What is in it? We vides for a massive shift of power to Mr. BYRD. It is a blatant payoff to are entitled to have some time to study the executive branch, a massive shift, the pharmaceutical companies in re- this bill. We owe it to our constituents. and Congress will be left out of the turn for their massive contributions to Mr. SARBANES. Will the Senator loop. I think we ought to at least have candidates during the election. That is yield on that point? a few more days to study this bill, have a massive payoff. Mr. BYRD. Yes, I yield, if I may have our staffs able to study it, and advise Mr. DORGAN. If I may inquire fur- an additional 2 minutes. us as to what is in it. That is all I am ther, has the Senator from West Vir- The ACTING PRESIDENT pro tem- asking. ginia or have other Senators heard pore. Is there objection? I do not doubt cloture will be invoked from the President or the White House Mr. GRAMM. Madam President, at some point, but it should not be in- by what justification would they in- could the Senator have an additional 10 voked today. We ought to at least have sert—again, the White House appar- minutes so we could discuss this? until sometime next week to further ently wanted it; that is what the ma- Mr. BYRD. Yes. study this before cloture clamps its jority leader of the House says—a spe- The ACTING PRESIDENT pro tem- beartrap on us. cial provision benefiting one industry pore. Without objection, it is so or- Mr. SARBANES. I think the Senator in something called homeland security. dered. raises a very important point. It would Has anyone heard an explanation of Mr. BYRD. I yield to the distin- at least then give us the weekend to go that? guished Senator from Maryland. through the provisions of this proposal. Mr. BYRD. That was very revealing Mr. SARBANES. I just wondered, has Mr. BYRD. Yes. I thank the distin- what the majority leader’s staff person the Senator noticed that the news- guished Senator from Maryland for his from the other body had to say, point- papers are filled now with stories about observations. ing the finger at the White House. That provisions that are in this legislation Mr. DORGAN. Madam President, I was very revealing. I hope we have that have appeared, in a sense, out of wonder if the Senator from West Vir- more time. nowhere? All of a sudden they have ginia will yield further for a question. Mr. SARBANES. Will the Senator manifested themselves in this legisla- Mr. BYRD. I will be glad to, if I may yield further? tion, provisions that were not in this do so. Mr. BYRD. How much time do I bill before, dealing with unrelated, ex- Mr. DORGAN. Madam President, if have? traneous matters. the Senator from West Virginia con- The PRESIDING OFFICER (Mr. Mr. BYRD. Yes, exactly, one of which tinues to have time—— CARPER). There are 4 minutes remain- happens to appear to target a facility The ACTING PRESIDENT pro tem- ing. for a district represented by a Member pore. Yes. Mr. BYRD. I yield. of the House from Texas. We do not Mr. DORGAN. I would like to make Mr. SARBANES. This morning the know what that facility is, but it has an inquiry similar to the inquiry made Baltimore Sun has an editorial—they been slipped into this measure. by my colleague from Maryland. entitled it ‘‘Homeland Insecurity’’— Mr. SARBANES. I say to the distin- There is an article in this morning’s discussing this legislation. guished Senator, I was not even aware newspaper which contains some infor- Mr. BYRD. And rightfully so. of that one. That one has not yet risen mation which is very surprising to me, Mr. SARBANES. One paragraph fol- to the level of being covered in these which was referenced briefly yesterday lows right along with what the able newspaper stories. on the Senate floor, relative to the Senator from North Dakota was bring- Mr. BYRD. I think that is where I got homeland security bill. This homeland ing to our attention. I want to quote it: a glimmer of it, somewhere in a news- security bill has a provision in it which Most alarming is that the version of the paper story. says: legislation passed by the House on Wednes- Mr. SARBANES. I missed that. But Riding along on legislation to create a new day—with the Senate apparently soon to fol- that is just another example of what federal Department of Homeland Security is low—is a 500-page, 11th hour rewrite few law- may well be stacked away—it is not as a White House-backed provision that could makers have read and perhaps none fully understands. though this is simply or head off dozens of potential lawsuits against straightforwardly a revision or an al- . . . pharmaceutical [companies]. Mr. BYRD. Well stated. teration of provisions directly related It goes on to further explain what Mr. SARBANES. Continuing: to homeland security which we have this is. It says: Richard Diamond, a New snakes slither out daily, but doubtless been dealing with here, and so there spokesperson for the retiring majority many will remain hidden until long after the measure is enacted into law. have been some changes or modifica- leader in the other body, RICHARD tions. ARMEY: Mr. BYRD. Well stated. Well stated. I As I understand it, it is becoming in- . . . said the provision was inserted be- hope Senators will take notice of that creasingly evident that there are a cause ‘‘it was something the White House editorial. I hope the Senator will put number of provisions in here that have wanted. It wasn’t [Armey’s] idea.’’ that in the RECORD. nothing to do with homeland security. This is a circumstance where a home- Mr. SARBANES. Mr. President, I ask Is that the Senator’s understanding? land security bill contains a provision unanimous consent to print the edi- Mr. BYRD. Exactly. And I am very dealing with protection for pharma- torial in the RECORD. much alarmed by it. I spent 3 hours ceutical companies. The pharma- There being no objection, the mate- yesterday talking about some of these ceutical companies, according to a rial was ordered to be printed in the provisions. And, of course, there is a Wall Street Journal article, spent $16 RECORD, as follows: provision in here to reward the phar- million. [From the Sun, Nov. 15, 2002] maceutical companies. That is pork for Mr. BYRD. How much? HOMELAND INSECURITY pharmaceutical companies. That just Mr. DORGAN. They spent $16 million ONE LAMENTABLE result of this month’s came to light. That did not go through in the recent election. Much of it went elections is that the stalemate has been bro- any committee. That had no hearings, through organizations such as Seniors ken over the creation of a monstrous Depart- no testimony of witnesses—just slipped United and others set up to move this ment of Homeland Security. This cosmetic

VerDate 0ct 31 2002 23:52 Nov 16, 2002 Jkt 019060 PO 00000 Frm 00003 Fmt 4637 Sfmt 0634 E:\CR\FM\G15NO6.005 S15PT1 S11164 CONGRESSIONAL RECORD — SENATE November 15, 2002 response to the myriad failures that made we were on the floor last evening talk- I yield to the distinguished Senator the nation vulnerable on Sept. 11, 2001, offers ing about this very subject related to from Florida, Mr. NELSON. no assurance that Americans will be safer. the pharmaceutical industry and the Mr. NELSON of Florida. Mr. Presi- Instead, it poses new dangers. fact that there is a provision in this dent, I thank the Senator for yielding Most alarming is that the version of the legislation passed by the House on Wednes- bill that has been slipped in, more for to me. Isn’t it interesting, in the elev- day—with the Senate apparently soon to fol- the financial security of Eli Lilly and enth hour, the closing hours of the ses- low—is a 500-page, 11th-hour rewrite few law- the pharmaceutical industry than sion, when the country is at war and a makers have read and perhaps none fully un- homeland security. In fact, it jeopard- bill that is perceived to be vital to the derstands. New snakes slither out daily, but izes the rights of families who are now defense interests of this country—— doubtless many will remain hidden until in court as a result of an additive to a Mr. BYRD. Hear, hear. long after the measure is enacted into law. vaccine for infants that contains mer- Mr. NELSON of Florida. That there How can a bill that purports to protect the cury, where the concern is that it may, would be suddenly inserted or de- homeland be so scary? Let us count some ways: in fact, lead to autism. That is yet to leted—— First, the basic concept is flawed. Com- be determined, but there are serious Mr. BYRD. Oh, yes. bining 22 separate departments and agencies issues of health. Mr. NELSON of Florida. For exam- with nearly 200,000 employees into one super What we now have in this homeland ple, the provision that was deleted that agency is a recipe for bureaucratic chaos security bill is an effort to eliminate passed unanimously in the Senate that that will distract workers from their secu- any responsibility from the Eli Lilly we would have a bipartisan commission rity duties rather than sharpen their focus. company for the possibility that a to understand the ramifications of Sep- New bosses, new locations, new personnel product of theirs may, in fact, lead to tember 11? That was in our version of rules, new rivalries, new turf battles. These an extremely harmful health problem the bill. And because the White House are the issues that will most concern work- for children, autism. I find it out- ers in the years just ahead. How helpful is objected to that, even though an over- that? rageous that in the middle of trying to whelming vote had taken place in the The recent squabble between the FBI and deal with homeland security and legiti- House of Representatives, it was de- the Bureau of Alcohol, Tobacco and Fire- mate issues for the American people leted. And because there was such an arms, neither of which is to be included in that we would find it is, in fact, the outcry, the morning’s news says they the new department, demonstrates there is White House slipping into this bill an are going to try to resurrect some bi- little chance that blending separate agencies effort to protect people who were clear- partisan commission. to eliminate overlap and clarify control can ly one of their biggest backers in the But it shows the legislative sleight of be anything but a bloody task. last campaign. It is clear that when the This proposal came originally from Demo- hand in the rush to adjournment that crats and was opposed by President Bush. pharmaceutical industry put up mil- would now delete a provision so impor- But the pressure on Congress to take some lions of dollars to support the efforts tant to the security of this country, action that promised Americans greater se- finished on election day, they already such as a bipartisan commission to find curity was so great that Mr. Bush decided to are receiving rewards as a result of out what went wrong in the intel- board the train before it ran over him. what they did in the election. ligence apparatus that led to Sep- Second, the White House refused to accept The American people do not deserve tember 11 and at the same time would a Senate provision that would have created this kind of approach. I appreciate the an independent commission to investigate insert provisions into this bill that Senator bringing it to our attention would create all kinds of havoc, as enu- government failures that preceded the Sept. again. I know there is an amendment 11 attacks, squelching what looked like the merated by the Senator from West Vir- best chance of authorizing such an inquiry. to strike these items which I strongly ginia and the Senator from Michigan. Unless another opportunity emerges soon, support. I think it is absolutely out- I thank the Senator for yielding. there may never be a detailed look at what rageous that, while we are trying to do Mr. BYRD. Mr. President, I thank went wrong and why. something serious for the American the distinguished Senator from Florida Third, union rights and other worker pro- people, we would see this kind of help for his observations and for his con- tections will be stripped from the employees put into this bill for an industry that is tribution and for his service to his of the new department because the president already heavily subsidized by tax- says he needs new flexibility to hire, fire and country, his service here in the Senate. payers. Liberty, freedom, justice, and right move people around. No convincing national Mr. BYRD. Absolutely. security rationale has been offered to justify cry out today to be heard here on the The PRESIDING OFFICER. The Sen- this broad power grab. Senate floor. I urge Senators not to Fourth, citizen access to information ator has 30 seconds remaining. vote later today for cloture. Let’s see Mr. DORGAN. Mr. President, I ask about risks or threats related to critical in- what else is in this bill. Let us have unanimous consent the Senator have 10 frastructure is sharply curbed, and criminal time to amend it, to correct the errors penalties will be imposed on workers who additional minutes. violate these strictures. This is a sweeping The PRESIDING OFFICER. Is there that may be in it, on behalf of the and unjustified infringement on press free- objection to the unanimous consent re- American people. I ask that we not doms. quest for 10 additional minutes for the vote for cloture today. Fifth, the Defense Department is working Senator from West Virginia? I suppose my pleadings, my on a plan to collect financial and other per- Mr. DASCHLE. Mr. President, I importunings will fall upon deaf ears in sonal information on all Americans in the many areas of the Senate Chamber, but name of homeland security. The new legisla- didn’t hear the request. The PRESIDING OFFICER. Is there please, let our constituents be heard on tion doesn’t permit this outrageous privacy this bill which comes to us in the name violation—but it doesn’t prohibit it, either. objection to the unanimous consent re- There’s more, but critics are cowed. quest that the Senator from West Vir- of homeland security but within it has Mr. Bush snatched the homeland security ginia be recognized for an additional 10 many injustices, many wrongs, I am issue from Senate Democrats, then clubbed minutes? sure, many things, many provisions the them with it in a campaign that challenged Mr. DASCHLE. I have no objection. American people do not want. their patriotism. A cynical play that The PRESIDING OFFICER. Without I yield to the distinguished Senator matches this bill. objection, it is so ordered. from New Jersey. Mr. BYRD. Mr. President, I yield to Mr. NELSON of Florida. Will the Mr. CORZINE. Mr. President, the dis- the distinguished Senator from Michi- Senator yield? tinguished Senator from West Virginia gan. Mr. BYRD. Let me compliment the has done a tremendous service to our Mr. REID. I suggest the absence of a distinguished Senator from Michigan Nation by pointing out, over the last quorum. for her correct, characteristic, acute several hours while we have been in Mr. BYRD. The Senator can’t do perception of what is in this bill. She session, some of the flaws in this 484- that. I have the floor. spoke about this very item on yester- page bill, which many of us have been Mr. REID. Oh, you have the floor. day. I wonder how many Senators were trying to study. Sorry about that. listening. She is speaking again today, One of those flaws—and I would love Ms. STABENOW. Mr. President, I quite appropriately, calling it to the to hear the Senator’s comments—is thank the Senator from West Virginia. attention of the Senate and the Amer- with regard to freedom of information As the distinguished Senator knows, ican people. I thank her. and the provision of that information

VerDate 0ct 31 2002 23:52 Nov 16, 2002 Jkt 019060 PO 00000 Frm 00004 Fmt 4637 Sfmt 0634 E:\CR\FM\A15NO6.001 S15PT1 November 15, 2002 CONGRESSIONAL RECORD — SENATE S11165 to the American people, and to the peo- Mr. BYRD. Yes. and the Bureau of Alcohol, Tobacco, and ple in Congress who are responsible for Mr. CORZINE. Am I not correct this Firearms, neither of which is to be included oversight of this new Department. Is it was neither in the original Lieberman in the new Department, demonstrates there not true that in this new Department proposal that came out of the Govern- is little chance of blending separate agencies there have been given broad waivers of to eliminate overlapping, and clarifying con- mental Affairs Committee, nor was it trol can be anything but a bloody task. opportunity for the administration— in the compromise proposals that were any administration—to pick outside on the floor before we went into recess? Then they go on to say: advisory committees to come in and This is another one of these midnight Union rights and other worker protections give advice, to make specific policy strikes, additions, that is completely will be stripped from the employees of the recommendations with regard to the new Department because the President says outside of any of the review process he needs new flexibility to hire, fire, and direction of the country—not unlike that we normally have, is that right? move people around. No convincing national what we saw with regard to our energy Mr. BYRD. To the best of my knowl- security rationale has been offered to justify policy—and then not have any of that edge, it is. My staff, upon a cursory ex- this broad power grab. information made available to the pub- amination of this bill, informs me this The problems inherent in this legisla- lic, where it can be challenged in situa- is something that is new. So the Presi- tion, I have come to the conclusion, tions where there is a serious concern dent and the Secretary will be given will divert focus, energy, and attention about conflicts of interest and about blanket authority. Whereas, at the from the substantive challenge of pro- how people might approach these present time, under the Advisory Com- viding homeland security to this kind issues. mittee Act—I believe that is what it is of a procedural fight. I think, if I have read this right, called, and it is referenced in this lan- They are going to have to get a new there is an almost blanket ability for guage—one has to see what is being location, new organization. They are the administration—any agency, and said behind the lines here. But now the going to be spending all their time on not necessarily Republican or Demo- Secretary would have blanket author- getting the boxes on the chart instead crat—to completely keep from Con- ity to shut out the press. The press of focusing on the substance of the job gress, keep from the State, keep from ought to be aware of what is in this that confronts them. others the ability to understand what bill, and the Senator from New Jersey Mr. BYRD. Yes. is taking place within the policy- is calling the attention of the Senate Mr. SARBANES. That is one of the making arrangements of this new De- and the world—may we have order, Mr. basic points the Senator has been mak- partment. President. ing consistently, as I understand it. Mr. BYRD. Mr. President, I thank The PRESIDING OFFICER. The Sen- Mr. BYRD. How telling, how telling, the distinguished Senator for what he ate will be in order. how revealing what the distinguished has just called to the attention of the Mr. BYRD. Mr. President, how much Senator from Maryland just said in Senate. What he has made reference to, time do I have? this excellent editorial in the Balti- I have every reason to believe, is sec- The PRESIDING OFFICER. The Sen- tion 871 dealing with advisory commit- more Sun. I thank him for that. ator has 36 seconds. Senators need to wake up. Senators tees. Let me read it. I will have more Mr. SARBANES. Will the Senator need to wake up as to what is going on. to say about this. As a matter of fact, yield? Mr. President, I do not intend to take I will have an amendment to change Mr. BYRD. Yes. more time than I have because I know this. It is section 871: Mr. SARBANES. Mr. President, I the leaders want to speak. How much Advisory Committees. want to take advantage of these few (A) IN GENERAL.—The Secretary may estab- time do I have? lish, appoint members of, and use the service seconds to thank the very able Senator The PRESIDING OFFICER. Two of, advisory committees, as the Secretary from West Virginia for raising these minutes and ten seconds. may deem necessary. An advisory committee extremely important questions about Mr. BYRD. Does the distinguished established under this section may be ex- this legislation. This editorial I made Senator from Maryland have anything empted by the Secretary from Public Law reference to that was in the Baltimore further to say? 92–463, but the Secretary shall publish notice Sun talked about all these other provi- Mr. SARBANES. No. I thank the Sen- in the Federal Register announcing the es- sions that were coming in, and it went tablishment of such a committee and identi- ator for yielding. fying its purpose and membership. Notwith- on to talk about the basic concept of Mr. LEVIN. Will the Senator yield standing the preceding sentence, members of this bill itself—something the Senator me 30 seconds for a parliamentary in- an advisory committee that is exempted by has been addressing for days on the quiry? the Secretary under the preceding sentence floor of the Senate. Listen to this. Mr. BYRD. Yes, I yield for a par- who are special Government employees (as They are talking about the homeland liamentary inquiry. that term is defined in section 202 of title 18, security bill: Mr. REID. Will the Senator yield for United States Code) shall be eligible for cer- First, the basic concept is flawed. Com- an inquiry? The majority leader is in tifications under subsection (b)(3) of section bining 22 separate departments and agencies 208 of Title 18, United States Code, for offi- the Chamber and will take just a few with nearly 200,000—— cial actions taken as a member of such advi- seconds to offer a unanimous consent sory committee. The PRESIDING OFFICER. The time request. Can that happen? Then this di- A separate reading of this language of the Senator has expired. alog can take place for a long time does not stir one’s blood, but a clear Mr. SARBANES. I ask unanimous after that. understanding of the laws that are ref- consent to proceed for 5 additional Mr. BYRD. Yes, I yield to the major- erenced begin to stir one’s blood. minutes. ity leader. I hope I retain my 2 min- Under current law, advisory commit- The PRESIDING OFFICER. Is there utes. tees may be appointed and the Presi- objection? Mr. DASCHLE. Mr. President, I ask dent may exempt a committee on a The Senator from West Virginia is unanimous consent that the distin- case-by-case basis. The public has a recognized. guished Senator from West Virginia re- right to know what these advisory Mr. BYRD. I yield to the Senator tain the remainder of his time. committees are doing. The public has a from Maryland. The PRESIDING OFFICER. The Sen- right to know what is happening. They Mr. SARBANES. I will quote this: ator from West Virginia retains the re- have a right to know what is going on First, the basic concept is flawed. Com- mainder of his time. in Government, in these advisory combining 22 separate departments and agencies Mr. DASCHLE. Mr. President, after I mittees. with nearly 200,000 employees into one super have propounded this unanimous con- But here is a provision that will give agency is a recipe for bureaucratic chaos sent request. the Secretary blank authority to keep that will distract workers from their security duties, rather than sharpen their focus. f from the public the knowledge of what New bosses, new locations, new personnel these advisory committees are saying, UNANIMOUS CONSENT rules, new rivalries, new turf battles—these AGREEMENT—H.R. 3210 as to what’s going on, and so on. are the issues that will most concern work- Mr. CORZINE. Will the Senator yield ers in the years just ahead. How helpful is Mr. DASCHLE. Mr. President, I ask for one more quick question? that? The recent squabble between the FBI unanimous consent that immediately

VerDate 0ct 31 2002 01:21 Nov 17, 2002 Jkt 019060 PO 00000 Frm 00005 Fmt 4637 Sfmt 0634 E:\CR\FM\G15NO6.010 S15PT1 S11166 CONGRESSIONAL RECORD — SENATE November 15, 2002 upon passage of H.R. 5005, the home- I know cloture is going to be invoked The PRESIDING OFFICER. That is land defense bill, the Senate proceed to at some point, but for Heaven’s sake, correct. the terrorism insurance conference re- we have a right to know what is in this Mr. BYRD. Would the Chair report to accompany H.R. 3210; that the 484-page bill, and the people out there peat—— Senate then vote immediately on clo- who are watching this debate through The PRESIDING OFFICER. And that ture on the conference report; that if those electronic lenses have a right is homeland security. cloture is invoked, the Senate then im- also to know. We have a duty to know Mr. BYRD. Would the Chair please mediately, without any intervening ac- what we are voting on. At this mo- repeat the response that was given to tion or debate, vote on passage of the ment, as we get ready to invoke clo- the Senator from Michigan so we can conference report; that if cloture is not ture, we do not know what is in this hear it? I did not hear the response. invoked, the conference report con- bill. The PRESIDING OFFICER. Of the tinue to be debatable. Mr. President, I remove my reserva- list of approximately 40 amendments, The PRESIDING OFFICER. Is there tion. preliminary analysis indicates 10 are objection? The PRESIDING OFFICER. Is there not germane. Approximately 30 are ei- Mr. BYRD. Mr. President, reserving objection to the unanimous consent re- ther germane or are arguably germane. the right to object. quest? Without objection, it is so or- Mr. LEVIN. That was not the ques- The PRESIDING OFFICER. The Sen- dered. tion. The question is, Of the amend- ator from West Virginia. Mr. DASCHLE. I thank all of my col- ments reviewed, how many would not Mr. BYRD. I do not fully understand leagues. I thank in particular the dis- be strictly germane and therefore this request. I want to know what this tinguished Senator from West Virginia. would fall? does to homeland security. I yield the floor. The PRESIDING OFFICER. There Mr. DASCHLE. Mr. President, if I f are 10 amendments. can respond to the distinguished Sen- Mr. LEVIN. Pardon? ORDER OF PROCEDURE ator from West Virginia, this has no ef- The PRESIDING OFFICER. Ten. fect at all on the debate on homeland The PRESIDING OFFICER. The Sen- The time of the Senator from West defense. All Senators are protected ator from West Virginia retains the Virginia has expired. The Republican with regard to their rights under clo- floor. leader has 41⁄2 minutes. The Republican ture, if cloture is invoked on homeland Mr. DASCHLE. Mr. President, I ask leader is recognized. security. This only deals with the next for the regular order which, as I under- Mr. GRAMM. Will the Republican issue, the terrorism insurance bill, to stand, acknowledges 2 minutes remain- leader yield to me? be taken up once homeland defense has ing for Senator BYRD. Mr. LOTT. Mr. President, I yield been completed. The PRESIDING OFFICER. The Sen- time off my leader’s time. How much Mr. BYRD. Mr. President, further re- ator from West Virginia has 1 minute time does the Senator from Texas serving my right to object, and I will 30 seconds remaining, and Senator need? LOTT retains 41⁄2 minutes. be very brief, I am supportive of the Mr. GRAMM. We have 41⁄2 minutes. measure the distinguished majority Mr. BYRD. I yield 1 minute to Sen- Ten minutes. leader is seeking to advance in connec- ator LEVIN. Mr. LOTT. I yield 10 minutes of lead- tion with this request. Does this in any f er’s time to Senator GRAMM. way have a psychological effect with STATUS OF AMENDMENTS The PRESIDING OFFICER. The Sen- respect to the cloture we are going to Mr. LEVIN. Mr. President, par- ator from Texas is recognized for 10 vote on this morning? liamentary inquiry: A large number of minutes. I plead to Senators—further reserv- amendments have been filed which, on f ing my right to object—I plead with their face, appear to be relevant to this HOMELAND SECURITY Senators not to invoke cloture today. I bill. If cloture is invoked, not only non- Mr. GRAMM. Mr. President, we have understand cloture will be invoked at germane but even relevant amend- drifted into a debate which I think we some point. I just hope it will not be ments would be precluded from being should be engaged in now, and that is a today. I hope we will have the weekend offered. for our staffs to study this bill so that My parliamentary inquiry is this: debate on whether we should vote for we will be better prepared after we How many of the amendments which cloture on the pending amendment have had more time to study it. have been filed and reviewed by the and, therefore, cloture to proceed with What I am concerned about is the de- Parliamentarian would fall as being homeland security. At this late hour, I do not think any- sire to get to the bill about which the nongermane? majority leader is speaking and which Mr. BYRD. What bill is the Senator body is going to be convinced in terms I fully support. I hope that desire will referencing? of whether this is a good thing or a bad not have some psychological impact on Mr. LEVIN. Homeland security. thing as it is written. I think people Senators causing them to vote for clo- The PRESIDING OFFICER. The have pretty well reached that decision. ture today. Chair will attempt to answer that I simply would like to make a couple of I wonder if our two leaders would question. points that I think are important in propose a unanimous consent request Mr. LEVIN. The list I have, they all making the decision. that would vitiate a cloture vote for appear, most appear to be relevant I begin by saying I do not think any- today, push the cloture vote over until amendments, but because of the tech- body set out with a goal of homeland Monday. I know cloture is going to be nical rules, many of these would not be security becoming an issue that sort of invoked, but for God’s sake, for Heav- allowed apparently; many would be not divided us along party lines. I do not en’s sake, for the sake of liberty and allowed if they are not strictly ger- think anybody had that intention, but justice, and for the sake of Senators mane. How many of these amendments the net result is it happened. We now being able to understand what they are are nongermane in the eyes of the Par- are at a point where we have one last voting on in this 484-page bill that has liamentarian? opportunity to do this bill. been sprung on us—and we have only The PRESIDING OFFICER. The Par- I make two arguments for doing it been able to see it at the beginning of liamentarian advises the Chair that of that I think are strong, and I make Wednesday, the day before yesterday— the list of approximately 40 amend- them not to the people who are for it— would the leaders please consider at ments, preliminary analysis indicates they are already convinced and I hope least vitiating that vote and putting it 10 are not germane and roughly 30 are they will not listen because I do not over until Monday so that we and our either germane or are clearly relevant. want to change their mind. I want to staffs will have some more time for Mr. BYRD. Will the Chair repeat the make my argument to the people who study? response? are on the other side of the issue. For Heaven’s sake, would the major- Mr. LEVIN. Ten of these amend- The first argument is that we have ity leader and minority leader consider ments could not be offered after the had an election. It is very easy in elec- this request? That is all I am asking. vote. tions to read into them what you want

VerDate 0ct 31 2002 23:52 Nov 16, 2002 Jkt 019060 PO 00000 Frm 00006 Fmt 4637 Sfmt 0634 E:\CR\FM\G15NO6.013 S15PT1 November 15, 2002 CONGRESSIONAL RECORD — SENATE S11167 to read into them. Elections are sort of I argue to our colleagues that wheth- almost an unassailable position I was like the Bible in the sense that every- er they support or oppose this bill, that taking with reference to that appro- body finds something in them that concern was responded to, and the bill priations process within the constitu- they want to find and they neglect the before us sets an amount that the tional system. things they do not want to see. I do President has flexibility in, but it gives This measure has gone a long way. It think one of the themes of the election him no power, without reprogram- has not gone all the way, but it has was a desperate desire of the American ming—which means the approval of the gone a long way. I have had very little people to see a homeland security bill chairman and the ranking member—to to say about that. passed. move money around. Finally, let me say, would we have a Mr. BYRD. Will the Senator yield? I simply say to my colleagues this is better bill 3 months later? Mr. GRAMM. Whether it was this one a compromise, even though it may not Mr. GRAMM. Mr. President, I ask for or another one, I think that is open to be one that the Senator finds support- an additional 4 minutes if the Senator interpretation, but I think they wanted able. But I ask the following question: is going to speak. I want to conclude to see it passed. Does the Senator believe the bill that with one remark. I certainly will yield. will be adopted in the new Congress The PRESIDING OFFICER. Without Mr. BYRD. Just one quick observa- will be closer to what he wants than objection, it is so ordered. tion. I hope the Senator will delete this bill is? Does he have a guarantee Mr. BYRD. Mr. President, with ref- from his remarks which will appear in that in the new Congress the concerns erence to the question, will the bill be the RECORD any reference to the Holy that were dealt with here will be dealt better 3 months from now? I say there Bible in the context that he was speak- with? is an excellent chance the bill would be ing. I do not think that has any place I guess really what I am saying—and better, that the failings of this com- in this argument. I say that lovingly not doing a very effective job in saying promise as brought to light by the and fondly. it—is the following: I ask my col- press and by Members, through the Mr. GRAMM. Well, I appreciate that. leagues who oppose the bill to look at help of their staffs, the things that Let me remove ‘‘the Bible’’ and put it in its totality, to look at the com- they are complaining about in this bill, ‘‘teaching’’ or ‘‘holy script.’’ What we tend to do with revered doc- promises that are in it, protecting our yes, we would have time to remove uments—whether it is the Constitu- right to the purse, giving public em- those after debate and we would come tion, the Koran, or some other holy ployees an opportunity to have an out with a better bill. I think always teaching—is we take from it what we input but not a veto. We all know the that more debate results in a better like and we tend to leave out what we bill is going to pass now or it is going end product. do not like, and that was the point I to pass later, and so will the bill passed As far as I am concerned, the answer was making. I thank my colleague for in the new Congress be more to the lik- is, yes, 3 months from now we could making the point. ing of my colleagues who would vote no have a better bill. We would have more The point I want to make beyond today than this bill? The answer is time. Our staff would have more time. that is, I do believe an objective read- probably no. The press would have more time. I am ing of the election shows a desire, an Finally, the one thing we all agree on just pleading for us not to invoke clo- almost desperation of the American is, in creating this new department— ture today so we can have at least the people, to see action taken on a home- whether it is a good idea or a bad one— weekend to look at this bill. land security bill, though I am not if we do not do it now and do it 3 I thank the distinguished Senator. claiming necessarily this bill. months later, we have lost the 3 Mr. SARBANES. Will the Senator The second argument I hope oppo- months. So the bill we would do in 3 yield? nents of the bill will listen to is, this months might very well be less to the Mr. GRAMM. I would be happy to bill does represent a compromise. The liking of the people who oppose it and yield, but I do want to make sure I President would have not been subject we will be doing it 3 months later. have 3 minutes at the end to sum up to much criticism if, after the election, I think if I were on the other side, and we are 5 minutes from the vote. he had said: Look, I have already com- what I would probably conclude is I am I am happy to yield. promised too much on this issue. Given not for the bill and I am going to vote Mr. SARBANES. One of the things we the results of the election and the man- against it, but doing it in the new Con- could do if we had more time is get the date, I am going to get exactly what I gress with the makeup of the new Con- special interest provisions out of this want, and so as a result I am going to gress will probably produce a bill that bill. As I understand it, and with ap- stop negotiating. We are going to go I like less and that the victories that propriate respect to the Senator from home, come back in January, and do it have been won in it—and there have Texas, those provisions were never in exactly my way. been some; this is a compromise— the alternatives being offered in the He could have done that, and I do not would be lost, could be changed, and Senate as we considered homeland se- think people could have been critical of waiting 3 months to get a bill that curity. him. But the President did not do that. might be worse from my point of view In fact, I may or may not agree with Even though he perceived, and many is not a good decision. your provisions on homeland security others perceived, that he got a man- Mr. BYRD. Mr. President, will the and think it should be done differently, date in the election on this issue, he Senator yield? but at least it was homeland security. came back and compromised again. He Mr. GRAMM. I am happy to yield. Now we discover and are discovering compromised again by not giving pub- Mr. BYRD. The Senator is absolutely every moment there are other special lic employee labor unions the ability right in what he says with reference to interest provisions that are in this leg- to veto a homeland security reorga- the appropriations process. That was a islation. I argue we should not invoke nization, but by strengthening their major weakness of the original bill, cloture, if for no other reason than in ability to have input into it. That rep- and the Senator from Texas knows order to address those special interest resented an additional compromise. that. He had a lot to do with a com- provisions. The bill before us is not a bill that all promise that developed with respect to Mr. GRAMM. Mr. President, let me of our colleagues support. I know our the appropriations process—he and address that and get back to the Sen- dear colleague from West Virginia is Senator STEVENS, above all, on that ator’s point, which is the relevant very sincere in his opposition, but I say side of the aisle. That part has been point. this: The first major issue that the dis- vastly improved. So I have not had First of all, this bill results from tinguished Senator from West Virginia much to say in my expressions of oppo- three things: One is the old Gramm- raised, in opposition to the original sition to the way we are proceeding. I Miller substitute with which we are all bill, was that it interfered with have had little to say except to com- familiar and we debated for 6 weeks. It Congress’s power of the purse by giving pliment Senator STEVENS, and I will also includes compromises that were the President power—and the Senator compliment the distinguished Senator reached with three Democrat Members and others argued arbitrary power—to from Texas because he has privately to try to increase input that public em- rewrite appropriation bills. told me upon occasion that that was ployees have in the process. I am first

VerDate 0ct 31 2002 23:52 Nov 16, 2002 Jkt 019060 PO 00000 Frm 00007 Fmt 4637 Sfmt 0634 E:\CR\FM\G15NO6.015 S15PT1 S11168 CONGRESSIONAL RECORD — SENATE November 15, 2002 to say it does not give them veto My conclusion, and it is one I feel that were going to be accepted—seldom power, but it gives them a greater de- very strongly about, is that I believe it have I seen a bill that had none of gree to be heard. The third thing it en- is a good bill. I don’t believe it would those. I am not going to be here in fu- tails is a compromise with the House. get better with time, especially from ture years, so I guess I will read about We had to meet with Members of the the point of view of people who are con- it in the paper. But if we do not invoke House to try to bring the two bills to- cerned about workers’ rights. And fi- cloture, I would be willing to bet good gether, given we are at the end of the nally, waiting 3 months does not serve money, and I hope to have it to bet at session, so they could pass the bill in anybody’s interests. that time, that there will be more spe- the House and we could pass it in the Thomas Jefferson said good men with cial interest provisions in it 4 months Senate. the same opinion are prone to disagree. from now than there are right now. Are there special interest provisions Mr. BYRD. I yield the floor. Mr. REID. Mr. President, all time is in the bill? There are. But does anyone How much time does the Senator expired on this; is that right? believe we would go to conference in have remaining? The PRESIDING OFFICER. That is February or March and not have spe- The PRESIDING OFFICER. Two right. cial interest provisions in the bill? I minutes and nineteen seconds. Mr. REID. I advise all Senators, we am proud that my colleague has noted Mr. BYRD. I hope he has 3 additional heard a lot of debate this morning. I didn’t have any in the substitute we minutes. There will be immediately an up-or- offered. Mr. MCCAIN. I object. down vote on cloture on the Gramm- I say the following in addressing the Mr. GRAMM. I give the 2 minutes to Miller substitute amendment to the important point of the Senator from Senator BYRD. Homeland Security Act. On our side West Virginia, and then I will con- Mr. BYRD. Mr. President, with ref- this is opposed by Senator BYRD. It is clude. I believe this is a good amend- erence to Benjamin Franklin, when the my understanding that Senator ment. I believe it is a result of 6 weeks Constitutional Convention ended we LIEBERMAN will vote in favor of the clo- of work. It is a compromise that has are told a lady approached Benjamin ture motion. been made, and then an additional Franklin with the question: Dr. Frank- Mr. DORGAN. Mr. President, I wish compromise has been made on top of lin, what have you given us? to inquire of the Senator from Texas that. I believe from my point of view His response: A republic, Madam, if where this negotiation took place? we might get a better bill in February, you can keep it. Mr. ROBERTS. Regular order. but I don’t believe from the point of That is what is wrong with this bill. The PRESIDING OFFICER. Under view of the opponents of this bill they That is the problem. The third leg of the previous order, the clerk will re- would get a better bill. And to the ex- the trilogy of reasons we have this port. tent we got greater support, we would compromise, which was related to us Mr. BYRD. Mr. President, I ask unan- get a bill that is not as good. by the distinguished Senator from imous consent that the Senator Secondly, I remind my dear colleague Texas, is that third leg, that com- from—— from West Virginia that when Ben- promise that he spoke of, which was Mr. ROBERTS. I object. jamin Franklin read the Constitution, entered into with the House so that the Mr. BYRD. I know the Senator ob- he asked himself: Is this the best prod- House could pass this measure over jects. uct that we are going to get? As he there virtually without debate, that is I suggest the absence of a quorum. knows, better than I, there were things the leg I think we could improve with The PRESIDING OFFICER. The in it he was doubtful of. I am not com- an additional 3 months. That is the leg clerk will call the roll. paring this 484 pages to what, in a sec- which has the major flaw. That is the The assistant legislative clerk pro- ular sense, is a document that is pretty leg which has the dagger pointed to the ceeded to call the roll. holy to me and the Senator from West heart of the Republic, which we all Mr. REID. Mr. President, I ask unan- Virginia, and that is the Constitution. love. It is that leg which I think an- imous consent that the call of the But the point is relevant. This is a other month or 2 months or 3 months quorum be terminated. compromise. Even the Senator said his would vastly improve, I say with all The PRESIDING OFFICER. Is there biggest concern has been dealt with. I due respect. objection? say to critics, the fact that is the case Mr. SARBANES. Will the Senator Mr. BYRD. No, reserving the—I can’t says something about the fact that yield? reserve the right to object. I object there was a genuine effort to com- Mr. GRAMM. I have the time. until we get a clear understanding that promise. I am not asking my col- Mr. SARBANES. I say to the Sen- the Senator from North Dakota can leagues that have taken a hard posi- ator, I think it is clear, I understand have 1 minute. tion to vote yes. I know that will not his point on the homeland security pro- Mr. REID. Mr. President, I ask unan- happen. I know I will not convince the visions about now or next year. But it imous consent that the order for the Senator from West Virginia, but I hope seems to me clear that next year you quorum call be rescinded. I will convince him of two things. will not have these special interest pro- The PRESIDING OFFICER. Without The first is the most important one, visions that are in this legislation. objection, it is so ordered. and that is this bill is not all bad and They were not in your legislation. Mr. REID. I ask that the Senator there are some good things in the bill They have been put in here by the from North Dakota be recognized for 1 and there has been some legitimate ef- House. Some of them are absolutely minute and the Senator from Texas, fort to compromise. Second, when we outrageous. Mr. GRAMM, be recognized for 1 minute. do get cloture, we are at a point where Mr. GRAMM. Let me say when Sen- Mr. GRAMM. And the vote occur im- we need to go ahead and act and adopt ator MILLER and I wrote the substitute, mediately thereafter. the bill. it is true we did not have any special Mr. REID. The vote to occur imme- I thank my colleague for the debate. interest provisions in it. It is true that diately thereafter. Probably the Senator from West Vir- there are a few special interest provi- The PRESIDING OFFICER. Without ginia has had more impact in changing sions in this bill. But I would have to objection, it is so ordered. this bill than anyone else because of say—without getting into an argument The Senator from North Dakota. the strength of his arguments. I simply with anybody on what may be my last Mr. DORGAN. I merely wish to in- say, it is a long way from what he words in the Senate—that more often quire of the Senator from Texas: He in- would like. I have voted on many bills than not when you are negotiating be- dicated in the process of completing here in my 18 years in the Senate, and tween the two bodies, you end up with legislation, sometimes at midnight they were a long way from what I some provisions, (a) you don’t like, and there is a negotiation that goes on and liked. But you ultimately come down (b) that have are promoted by some things happen. I am wondering if the to, especially in these circumstances, special interest. I would have to say— Senator from Texas can tell us where the following questions: Is it going to and I am sure my colleagues will re- the negotiation occurred that put in get any better? Might it get worse? Is member me going through bills at mid- the homeland security bill the special it worth waiting 3 months to find out? night looking at proposed amendments piece for the pharmaceutical industry

VerDate 0ct 31 2002 23:52 Nov 16, 2002 Jkt 019060 PO 00000 Frm 00008 Fmt 4637 Sfmt 0634 E:\CR\FM\G15NO6.017 S15PT1 November 15, 2002 CONGRESSIONAL RECORD — SENATE S11169 that shows up now, today, that says Why should the parents of autistic [Rollcall Vote No. 244 Leg.] there will be special liability protec- children—children who were injured by YEAS—65 tions for the pharmaceutical industry. thimerosal in vaccines—lose some of Allard Edwards Lugar And the majority leader of the House, their legal options in the name of Allen Ensign McCain Mr. ARMEY, says: Well, I put it in, but Homeland Security? They too care Barkley Enzi McConnell Bayh Feinstein it wasn’t my idea; it was the White about the security of our nation, but Miller Bennett Fitzgerald Murkowski House. you cannot doubt their love and con- Bingaman Frist Nelson (NE) I am asking, was there a negotiation cern for their precious vulnerable chil- Bond Graham Nickles someplace, sometime, between some Breaux Gramm Roberts dren. The homeland security bill is not Brownback Grassley Santorum people, of which I am unaware? Be- an appropriate vehicle to make this Bunning Gregg Sessions cause I have heard of no such negotia- change to the vaccine injury compensa- Burns Hagel Cantwell Hatch Shelby tion by which that provision should tion program on behalf of one interest Smith (NH) have ended up in this bill. Carnahan Hollings group. Chafee Hutchinson Smith (OR) I inquire of the Senator from Texas Cleland Hutchison Snowe where this negotiation occurred. Who Specter f Cochran Inhofe was involved in it? Who made the deci- Collins Johnson Stevens sion that a special protection for the Craig Kyl Thomas HOMELAND SECURITY ACT OF 2002 Crapo Landrieu Thompson pharmaceutical industry that just Daschle Lieberman Thurmond spent $16 million in the last election Pending: DeWine Lincoln Voinovich ought to be stuck in this bill? Who was Domenici Lott Warner Thompson (for Gramm) Amendment No. involved in it? 4901, in the nature of a substitute. NAYS—29 The PRESIDING OFFICER. The time Lieberman/McCain Amendment No. 4902 (to Akaka Dodd Murray has expired. The Senator from Texas Amendment No. 4901), to establish within the Baucus Dorgan Nelson (FL) has 1 minute. legislative branch the National Commission Biden Durbin Reed Boxer Feingold Mr. GRAMM. I am glad the Senator on Terrorist Attacks Upon the United Reid Byrd Harkin Rockefeller picked one with which I am totally fa- States. Carper Jeffords miliar. Sarbanes Dodd Amendment No. 4951 (to Amendment Clinton Kohl Schumer In the Senate bill, we had a provision No. 4902), to provide for workforce enhance- Conrad Leahy Stabenow Corzine Levin where the Federal Government indem- ment grants to fire departments. Wyden Dayton Mikulski nified those manufacturers that pro- CLOTURE MOTION duced items to be used in the war on NOT VOTING—6 The PRESIDING OFFICER. Under terrorism whereby the taxpayer would Campbell Inouye Kerry pay liability that arose from it. the previous order, pursuant to rule Helms Kennedy Torricelli XXII, the Chair lays before the Senate I was never much for that provision, The PRESIDING OFFICER. On this the pending cloture motion, which the but I was desperately trying to get the vote, the yeas are 65, the nays are 29. clerk will report. votes to prevail, and so I took that pro- Three-fifths of the Senators duly cho- vision. The legislative clerk read as follows: sen and sworn having voted in the af- The House had a provision that lim- CLOTURE MOTION firmative, the motion is agreed to. ited liability, similar to what we did in We, the undersigned Senators, in accord- The majority leader. World War II and what we have done in ance with the provisions of rule XXII of the AMENDMENT NO. 4902 most major conflicts. When you Standing Rules of the Senate, hereby move Mr. DASCHLE. Mr. President, I ask produce an item for defense purposes, to bring to a close debate on the substitute unanimous consent that the Lieberman there is a limited liability. It seemed amendment No. 4901 to H.R. 5005, the Home- amendment No. 4902 be in order. to me that, rather than the taxpayer land Security legislation. Mr. GRAMM. Mr. President, I object. bearing the burden, forcing these cases John Breaux, Ben Nelson of Nebraska, The PRESIDING OFFICER. Objec- into Federal court and limiting liabil- Larry E. Craig, Jon Kyl, Mike DeWine, Don tion is heard. ity was a preferable choice. Nickles, Craig Thomas, Rick Santorum, That is where the negotiation came Trent Lott, Fred Thompson, Phil Gramm, The majority leader. from. This was not a provision out of Pete Domenici, Richard G. Lugar, Olympia Mr. DASCHLE. Mr. President, I very the clear blue sky. We had a provision, J. Snowe, Mitch McConnell. regretfully make a point of order that they had a provision, and we took less The PRESIDING OFFICER. By unan- amendment No. 4902 is not germane. liability protection than they had. This imous consent, the mandatory quorum The PRESIDING OFFICER. The is a good provision of the bill. call under the rule is waived. Chair sustains the point of order. The amendment falls. Mrs. LINCOLN. Mr. President, I rise The question is, Is it the sense of the in support of cloture on the Homeland Senate that debate on the Thompson AMENDMENT NO. 4911 TO AMENDMENT NO. 4901 Security bill because our country needs amendment, No. 4901, for H.R. 5005, an Mr. DASCHLE. Mr. President, I call a unified effort to defend our shores. act to establish the Department of up amendment No. 4911. But I want my colleagues on the other Homeland Security and for other pur- Mr. BYRD. Mr. President, what is side of the aisle to know that I am poses, shall be brought to a close? The happening? What was the request? ashamed of the tactics that you have yeas and nays are required under the What has happened? used. And this Senator will not forget rule. The clerk will call the roll. Mr. DASCHLE. Mr. President, I have what you and your patrons in the phar- The assistant legislative clerk called called up amendment No. 4911. I would maceutical industry have done to this the roll. like it read. bill and to the American people in the The PRESIDING OFFICER. The Mr. REID. I announce that the Sen- dark of the night. It appears that the clerk will report the amendment. ator from Hawaii (Mr. INOUYE), the $12 million PhRMA donated during the Mr. BYRD. Mr. President, parliamen- Senator from Maine (Mr. KENNEDY), last election cycle can buy more than a tary inquiry. Parliamentary inquiry. the Senator from Maine (Mr. KERRY), handful of House and Senate seats. It The PRESIDING OFFICER. The Sen- and the Senator from New Jersey (Mr. can also buy a sneak attack on peo- ator will state his inquiry. TORRICELLI) are necessarily absent. ple—autistic children—who have been Mr. BYRD. Mr. President, what was harmed by vaccines. Mr. NICKLES. I announce that the the request agreed to; what happened? I say to my friends across the aisle Senator from North Carolina (Mr. What was the decision of the Senate? and to my friends in the pharma- HELMS) and the Senator from Colorado The PRESIDING OFFICER. A unani- ceutical industry: sneaking this unre- (Mr. CAMPBELL) are necessarily absent. mous consent request that the pending lated provision into critical legislation The PRESIDING OFFICER (Mr. first-degree amendment be in order was like Homeland Security is not the way DAYTON). Are there any other Senators objected to. Objection was heard. A to make good public policy. It is unin the Chamber desiring to vote? point of order was then made against American, and something to be The yeas and nays resulted—yeas 65, the amendment on the grounds that it ashamed of. nays 29, as follows: was not germane. The Chair sustained

VerDate 0ct 31 2002 23:52 Nov 16, 2002 Jkt 019060 PO 00000 Frm 00009 Fmt 4637 Sfmt 0634 E:\CR\FM\G15NO6.019 S15PT1 S11170 CONGRESSIONAL RECORD — SENATE November 15, 2002 the point of order, and that amend- Mr. NICKLES. I object. these cases, where things are done at ment fell. The PRESIDING OFFICER. Objec- the last minute, is that it is sort of Mr. BYRD. I thank the Chair. There tion is heard. easy to confuse people as to what has was so much noise in the Chamber that The clerk will continue the reading been done. I want people to understand many of us could not hear what was of the amendment. where the provisions came from and going on. The legislative clerk continued the why they are important. One can agree The PRESIDING OFFICER. The reading of the amendment, as follows: with them or disagree with them, but I clerk will report the amendment. Strike all after the first word and insert want my colleagues to basically know The legislative clerk read as follows: the following: where they came from. The Senator from South Dakota [Mr. TITLE XVIII—NONEFFECTIVE PROVISIONS Over the weekend, we had a series of DASCHLE], for Mr. LIEBERMAN, proposes an SEC. 1801. NONEFFECTIVE PROVISIONS. negotiations. I want to go back to the amendment numbered 4911 to amendment (a) IN GENERAL.—Notwithstanding any point that the President could have No. 4901. other provision of this Act, (including any said, after the election, that he had a Mr. DASCHLE. Mr. President, I ask effective date provision of this Act) the fol- mandate, that this Congress could go lowing provisions of this Act shall not take unanimous consent that reading of the home, that we would then have a new amendment be dispensed with. effect: (1) Section 308(b)(2)(B) (i) through (xiv). Congress and he would write the home- The PRESIDING OFFICER. Without land security bill the way he wanted it objection, it is so ordered. (2) Section 311(i). (3) Subtitle G of title VIII. written, or he would have Congress The amendment is as follows: (4) Section 871. write it that way. I think it tells us a (Purpose: To provide that certain provisions (5) Section 890. lot about our President that he decided of the Act shall not take effect, and for (6) Section 1707. other purposes) not to do that. (7) Sections 1714, 1715, 1716, and 1717. In fact, after having gotten a strong At the end, add the following: (b) APPLICATION OF FEDERAL ADVISORY electoral mandate, the President actu- TITLE XVIII—NONEFFECTIVE PROVISIONS COMMITTEE ACT.—Notwithstanding para- ally negotiated further and made addi- SEC. 1801. NONEFFECTIVE PROVISIONS. graph (2) of subsection (b) of section 232, any (a) IN GENERAL.—Notwithstanding any advisory group described under that para- tional changes in his bill. other provision of this Act, (including any graph shall not be exempt from the provi- The substitute that is before us is ba- effective date provision of this Act) the fol- sions of the Federal Advisory Committee Act sically the Gramm-Miller amendment, lowing provisions of this Act shall not take (5 U.S.C. App.). which is well-known, which we debated effect: (c) WAIVER.—Notwithstanding section for 6 weeks—few amendments have (1) Section 308(b)(2)(B) (i) through (xiv). 835(d), the Secretary shall waive subsection ever been debated that long in my 18- (2) Section 311(i). (a) of that section, only if the Secretary de- year career in the Senate—with two (3) Subtitle G of title VIII. termines that the waiver is required in the interest of homeland security. sets of changes. One, the agreements (4) Section 871. that the President reached with three (5) Section 890. (d) The amendment made by subsection (6) Section 1707. (a)(1) of this section shall be effective one Democrat Senators and an Independent (7) Sections 1714, 1715, 1716, and 1717. day after enactment. Senator in negotiations over the week- (b) APPLICATION OF FEDERAL ADVISORY Mr. NICKLES. Mr. President, I sug- end, whereby the following changes COMMITTEE ACT.—Notwithstanding para- gest the absence of a quorum. were made: Workers in the Federal sec- graph (2) of subsection (b) of section 232, any The PRESIDING OFFICER. The tor and unions that represent them advisory group described under that para- clerk will call the roll. were given a greater voice in express- graph shall not be exempt from the provi- ing their views about how the new De- sions of the Federal Advisory Committee Act The assistant legislative clerk pro- (5 U.S.C. App.). ceeded to call the roll. partment is organized, and they were (c) WAIVER.—Notwithstanding section Mr. REID. Mr. President, I ask unan- given more clearly defined due process. 835(d), the Secretary shall waive subsection imous consent that the order for the They were not given veto power, but (a) of that section, only if the Secretary de- quorum call be rescinded. they were given a guaranteed input termines that the waiver is required in the The PRESIDING OFFICER. Without under a specific time period. That is interest of homeland security. objection, it is so ordered. the significant change that was made. Mr. DASCHLE. Mr. President, I ask Mr. REID. I ask unanimous consent That represents a compromise from the for the yeas and nays. that during the next 90 minutes—that original Gramm-Miller amendment. The PRESIDING OFFICER. Is there a is until 1:30 today—there be no action, The second change that was made sufficient second? other than debate, on the matter now was recognized that the House had Mr. GRAMM. Mr. President, I sug- before the Senate. passed its own bill. So realizing that gest the absence of a quorum. The PRESIDING OFFICER. Is there we were coming to the end of the Sen- Mr. DASCHLE. Mr. President, I re- objection? Without objection, it is so ate, one of the things we did over the tain the floor. ordered. weekend is we met with the House to The PRESIDING OFFICER. Is there a The Senator from Texas. try to make changes in our substitute sufficient second? Mr. GRAMM. Mr. President, I do not to assure that at the end of the session In the opinion of the Chair, there is want to give a lengthy speech, but we would not have to do a conference not a sufficient second. Mr. DASCHLE. I suggest the absence briefly I will talk about where we are once we had passed the bill. Quite of a quorum. and then talk about the amendment frankly, the Democrats who have been The PRESIDING OFFICER. There is that is pending. We have now invoked supportive of this effort felt strongly a sufficient second. cloture on the pending substitute, and that they did not want to negotiate The yeas and nays were ordered. so we are in a very tightly scripted 30- with us and then end up negotiating AMENDMENT NO. 4953 TO AMENDMENT NO. 4911 hour period. The Democrat majority with other Republicans in conference. Mr. DASCHLE. Mr. President, I call leader put into place two amendments, That makes sense. When a deal is cut, up amendment No. 4953. and in the process no amendment now one wants it to be a deal. So we Mr. GRAMM. Mr. President, I sug- is in order. This produces a situation brought in the House. As a result, we gest the absence of a quorum. where at some point, at the end of 30 took 95 percent of our provisions, took Mr. DASCHLE. Mr. President, I hold hours, there will be a vote on the pend- about 5 percent of the House provi- the floor. ing Lieberman amendment. sions, and that now is the bill before The PRESIDING OFFICER. The The pending Lieberman amendment us. This bill has been adopted by the clerk will report the amendment. is the amendment I will discuss. It is House, which has now left town. They The legislative clerk read as follows: clear these amendments will not be will be here in pro forma session on The Senator from South Dakota [Mr. dealt with until the 30 hours expires. Monday, but practically the House has DASCHLE], for Mr. LIEBERMAN, proposes an So we will have one vote on the adjourned. amendment No. 4953 to amendment No. 4911. Lieberman amendment and then we I will address the generic issue about Mr. DASCHLE. Mr. President, I ask will move to vote on final passage. I add-on provisions and then I want to unanimous consent that reading of the want to address the Lieberman amend- talk about something else. I hope no- amendment be dispensed with. ment because what tends to happen in body is offended by this, but I have to

VerDate 0ct 31 2002 23:52 Nov 16, 2002 Jkt 019060 PO 00000 Frm 00010 Fmt 4637 Sfmt 0634 E:\CR\FM\G15NO6.021 S15PT1 November 15, 2002 CONGRESSIONAL RECORD — SENATE S11171 say I have probably been as strong in cause they are risky, but the threat is to this bill. If, however, by striking the speaking out against add-on provisions now serious. It has never been relevant committee we change the bill and end as anybody. I remind my colleagues to a war effort before because we have up killing homeland security because that many times at midnight or 2 in not viewed smallpox as being a weapon. the House has adjourned, then it be- the morning we have had seemingly We do now. comes very significant. noncontroversial amendments that did In three areas our colleagues have Those are five of the six items that all kinds of special projects that we singled out as being special interests— have been listed. The final item is the were going to accept. In fact, earlier vaccines, airport screening, and manu- designation that a university be in- this Congress I sat in that very room facturing of items used in the war on volved in the process. It is one item and went through a list of amend- terrorism—those items were in the where there is an earmark. Seldom do ments. One amendment would have the Senate substitute, but they were in it we see a major piece of legislation that Federal Government absorb a billion in the form where the taxpayer would we do not have several dozen earmarks. dollars of liability for a project in one have paid. We put in simple limits that We are down to a simple question, State. Now that is pretty targeted. I make sense and that have been part of and I will conclude on this. This is am not going to mention the State, every war we ever fought of any signifi- hardly an unknown amendment. We and it does not matter. cance in American history. have debated it for several weeks. I Any time we negotiate with the The next item viewed as being extra- know there are strong feelings on the House, with 435 Members focused on a neous is a change made to the issue, but we had an election, and if very small congressional district, they Wellstone amendment. Senator anybody got a mandate out of that are going to put in provisions that re- Wellstone introduced an amendment election on any issue, the President got late to their district. That has been the adopted by a voice vote because it was a mandate: Pass homeland security. nature of the body from the very begin- clear it would pass and nobody wanted The House passed a bill. They nego- ning. It started with the first Congress. to vote on it. It said if any company tiated with us in good faith. Was every- It will end with the last Congress. It has ever been domiciled in America, one involved in the negotiations? No. will never go away. throughout American history, and that But I didn’t help write the Lieberman For the people who say there are ex- company is now domiciled somewhere amendment, either, because it was his traneous matters in this bill, of all the else, that company cannot bid on con- amendment. We have bipartisan effort. major bills I have looked at that have tracts related to the war on terrorism. We have a majority vote. We are down, been agreed to by the House and Sen- The change made in the amendment now, to where an amendment has been ate, there are probably fewer extra- is a good government change. It is not proposed that would strike six provi- neous matters in this bill than any an extraneous special interest provisions. I believe if the amendment is major bill I have looked at in a very sion. It is simply a provision that says adopted, it will jeopardize the bill. The long time. I would like go down the list the President, for national security House passed the bill, they have gone of amendments being discussed and ex- reasons, has a right to waive this re- home, and they are only going to be plain where they came from and why quirement. Why would he do it? First, back in pro forma session. Five of the they make sense. there might be only one supplier. Sec- six provisions represent important ele- The first one has to do with vaccines. ond, there might be no competitor if it ments in the bill. We had a provision in our bill related is not waived, in which case you could To suggest trying to protect and en- to vaccines and related to the produc- end up paying an exorbitant price. Fi- courage the production and distribution of items to be used in the war on nally, it might actually be better from tion of smallpox vaccine is a special in- terrorism. In every war we have ever America’s point of view if the company terest favor to a drug company is tak- fought we have had some form of in- has substantial production in America, ing politics beyond the realm of reason. demnification for people who produce even though its home office is some- On airport screening and manufac- things used in that war. The provision where else, for us to buy from that turer protection, this liability protec- we had in the Senate bill was a tax- company for national security reasons, tion is something we have done in payer indemnification. I did not like for job reasons, and for economic rea- every war we fought. This is either a that provision, but I had Republican sons. That provision is hardly an add- war or it is not a war. Should we start colleagues who were for it. We were on provision. It is, in fact, a good gov- to buy from foreign companies over trying to get 51 votes. So I took it. ernment provision. companies that are producing products The House had a far better procedure. Now, let me discuss transportation in America but the headquarters was That was a limit on liability. We did security rules. We know the provisions here in 1804 and it is now in London? I not take all the limits on liability they and deadlines we mandated for air think we take this Buy America stuff had in the compromise because we were travel security are so strenuous they too far. We should buy the best product afraid that might offend powerful spe- cannot be met. Occasionally, we get at the lowest possible price that con- cial interest groups. But what we did in into these situations where we are de- forms with our national security. But three of the six items mentioned is we bating some deadline and we know the to give the power to waive it when our simply applied the principle that has deadline cannot be met and will not be national security interest is involved is been applied to every war this Nation met, no matter what we write into law. hardly unreasonable. has ever fought: if you are producing a What this bill does in a careful and rea- Changing the deadline on airport se- new vaccine or new weapon or new sys- soned way is set out a new deadline for curity—every Member of the Senate tem for use in that effort, there are meeting them, a deadline that can be knows we are not going to meet the some liability limits involved. That is met and that is reasonable. Instead of deadline. Why not change it? where the item of vaccines came from creating a farce in law where we say Finally, advisory committees—who and where the item of airport screening something will be done by December cares? You could strip all of them out came from and the item on manufac- 31—and we know very well it cannot and I wouldn’t care. But by stripping turers came from. and will not be done and, as a result, them out you are risking killing the To suggest this is some special inter- you get no pressure to do it on time— bill. est sweetheart deal makes good polit- we set a realistic deadline. So, in the end, this amendment real- ical rhetoric, but the bottom line is it Next we have these advisory commit- ly comes down to a threat to the pas- is not true. Not only do the provisions tees. If there is anything more useless sage of homeland security. Five of the fit, not only are they part of the fabric than an advisory committee, I don’t six provisions are totally defensible. of the bill, but we had a provision to know what it is. I am not saying advi- The sixth one is important only if ap- have the taxpayer pay for the liability sory committees cannot be valuable. I propriations occur and we are going to risk, and we picked a better, preferable am not saying there are not some that pass the appropriations later, so we are approach, which is to limit liability are valuable. But we use them so often not committing to anything. when we introduce new technology like they become irrelevant. The striking Contrary to the criticism that there airport screening and new vaccines. We or not striking of these advisory com- are extraneous materials in this bill, always had some limit on vaccines be- mittees has no import, no significance there are fewer extraneous matters in

VerDate 0ct 31 2002 23:52 Nov 16, 2002 Jkt 019060 PO 00000 Frm 00011 Fmt 4637 Sfmt 0634 E:\CR\FM\G15NO6.024 S15PT1 S11172 CONGRESSIONAL RECORD — SENATE November 15, 2002 this bill than any major bill I have I must say, with respect to the issues only a man, but is also an honest man. seen in many years. When you reach an of childhood vaccines liability protec- He is very frank and open. He doesn’t agreement between the two Houses, tion, manufacturer liability protec- have to come to the floor with written you are always going to have extra- tion, transportation security—I would speeches as I often do. He speaks from neous material. wonder whether these have had hear- the heart and from the head and is very So, we will have a vote at 5 o’clock ings. Because we so often hear our col- up front. He has always been that way. on Monday. First of all, I think it is leagues, especially my colleague from He explains his reasons. He doesn’t bad policy to strike these six provi- Texas, say: You know, someone has put hide his reasons. And he will answer sions. I think no legitimate case can be a provision in the bill. There has been your questions and he will answer hon- made against four of them. I think one no hearing on the bill. I am wondering estly. of them is irrelevant—whether we have whether these provisions have had So I pay tribute to the Senator from advisory committees or not. I think hearings and discussion, and if there Texas in that regard. I am glad the dis- the other one is a small item in a big were negotiations, as was represented tinguished Senator from North Dakota bill and I do not think it is worth risk- earlier by my colleague, were the par- has given me the platform for a mo- ing this bill to make that change. Nor ents of autistic children part of the ne- ment to say that. We may not agree do I believe this issue would ever have gotiations? Where were the negotia- with the distinguished Senator from been raised, that this amendment tions? Was it late at night? Early in Texas. I certainly don’t agree with the would ever have been offered, had this the morning? Was it at the White request for some of the special interest not been an extraordinarily controver- House, as Congressman ARMEY would provisions here in this bill. But I do sial bill to begin with. have us believe? I don’t know the an- say here is an honest man, as far as I So I just have to say, in the big pic- swer to that. But my hope is our col- am concerned. He is aboveboard. He ture, I feel totally comfortable in de- leagues will vote to strip these provi- will answer your questions. He doesn’t fending the great majority of these six sions from the bill. need a written speech to do it. provisions. I think we need them. On Homeland security, that is what this So I say I wish we had more PHIL substantive grounds, we should limit legislation is about. Frankly, the way GRAMMS in the Senate. Excuse me for liability for new vaccines that may this legislation has been created, it was taking this time. I will say no more, save American lives; for airport screen- not under normal circumstances, where except to thank him for the good rela- ing equipment that may keep our chil- you have committee exploration in tions. Mr. GRAMM. Will the Senator yield dren, our spouses, or ourselves from some detail and some depth of all of for just 30 seconds? It is said, in the old being killed on airplanes; and from new these provisions. What has happened is manufactured items and new weapons Confederate Army, that they didn’t at the eleventh hour a piece of legisla- we need in the war on terrorism. Those give medals. tion is written and it is placed on items should not be stricken. So the single honor was to be men- I know special interest groups like desks. It has a rubber band around it. tioned in Robert E. Lee’s communiques the plaintiffs’ attorneys are opposed to It is four-hundred-and-some pages and I to Richmond. these provisions. But they are limited, know of very few Members of the Sen- Having the distinguished Senator they are narrow, they are reasonable, ate who would have read all of it at from West Virginia say something and the alternative, which we had in this point. about me and to pronounce me a hon- the Senate amendment, was to have But having heard my colleague from est man I take in the same way that the taxpayer pay all these damages. So Texas, for whom I have great fondness, any private in Hood’s brigade would this seems preferable to me. describe his support for special provi- have taken in the mention of their I urge my colleagues when we vote on sions, especially at the end of his ca- name in one of those communiques. Monday to vote against this amend- reer here in the Senate, I must say I love the Senator from West Vir- ment and, in the process, let us pass that this is a very unusual moment. We ginia, as he knows. I think he serves a this bill in the form it passed the will, of course, miss him for a lot of great purpose in the Senate. In my House and, to the maximum extent reasons. Among other things, I will opinion, he is not always right, but possible, guarantee that we are suc- miss him because at the end of most right is not always easy to find. I think cessful in seeing this bill become law. bills, he will be the one counted on to it is the give and take that ultimately I yield the floor. stand up and say: I object to these spe- produces it. Senator Wellstone, in my The PRESIDING OFFICER (Mr. cial provisions. opinion, was not always right, he did LEAHY). The senior Senator from West But he seems to have hit a speed speak honestly and with clarity. And Virginia. bump here at the end of the road, on he knew where he was coming from, Mr. BYRD. Mr. President, I ask unan- special provisions. I hope my col- and you could be for it or against it. I imous consent that my name may be leagues will decide they want to vote do think that is important to the Sen- added as a cosponsor of the pending to strip these provisions out of this ate. Daschle-Lieberman amendment. bill. I thank the Senator. The PRESIDING OFFICER. Without Mr. BYRD. Mr. President, will the The PRESIDING OFFICER. The Sen- objection, it is so ordered. The Sen- distinguished Senator yield? ator from North Dakota. ator’s name is added as cosponsor. Mr. DORGAN. I will, of course, yield. Mr. DORGAN. Mr. President, the The Senator from North Dakota. Mr. BYRD. I will only be a moment. comment that not always right but Mr. DORGAN. Mr. President, it is a The distinguished Senator from North never in doubt may well apply to every very special moment on the floor of the Dakota, Mr. DORGAN, has referred to Senator. I must say to my colleague Senate to hear my colleague from the distinguished Senator from Texas, from Texas that I intend for a few mo- Texas defend special provisions being Mr. GRAMM. May I interpose this obser- ments on Monday to say a word about put in legislation—actually to hear vation. the Senator from Texas, and my col- him describe the negotiations at the Diogenes went about the streets of leagues from South Carolina and North end of the process that result in these Athens with a lantern, saying that he Carolina, and others who are leaving special provisions. Because he has been was looking—in broad daylight—he was the Senate. I don’t know if Senator a tireless opponent of provisions that looking for a man, he was seeking a BYRD indicated that he wished there are put in pieces of legislation that in man. were more such as the Senator from most cases or many cases have nothing Plato, upon going to Syracuse, was Texas, and he is, indeed, an extraor- to do with the underlying bill. So it is asked by Hieron the—I wouldn’t say he dinarily bright and talented Senator. a real treat today to hear my colleague was a beneficent dictator. But he was There are times at midnight when he is from Texas justify and support and ask asked why he came to Syracuse. objecting to all kinds of provisions Members of the Senate to support He said: I came seeking an honest that I suspect the Senator from West these special provisions that were put man. Virginia and a few others would not in the homeland security bill which, in I rarely make the observation as a wish that we had 25 more exactly in most cases, had nothing at all to do premise to what I am about to say—I the same mood at midnight on impor- with homeland security. believe the Senator from Texas is not tant pieces of legislation. But he and so

VerDate 0ct 31 2002 01:21 Nov 17, 2002 Jkt 019060 PO 00000 Frm 00012 Fmt 4637 Sfmt 0634 E:\CR\FM\G15NO6.027 S15PT1 November 15, 2002 CONGRESSIONAL RECORD — SENATE S11173 many others contribute in very signifi- country ‘‘continue to operate in a vir- the interim period as information sharing cant ways to this body. tual intelligence vacuum without ac- issues get worked out, known terrorists will This body produces for the American cess to the terrorist watch list probe free to move about to plan and execute people best when it achieves the best vided by the U.S. Department of State their attack.’ ideas that everyone has to offer. There to Immigration and consular officials.’’ This comes from the report of former are times when we end up with the Our government has a watchlist to Senators Hart and Rudman, entitled worst rather than the best. I have al- identify foreign nationals suspected of ‘‘America Still Unprepared, America ways thought that politics and our po- ties to terrorist organizations. That Still In Danger.’’ litical system is not who is the worst; watch list is at the State Department. I asked my staff—after I read this in it is who is the best, who has the best It is provided to the Immigration De- the Report—to contact the task force. ideas, and who can best manifest those partment and to consular officials. It The task force, through my staff, has ideas in public debate to achieve a re- sets out the names of people whom we told me that they are not aware of any sult for this country. ought to watch because they are administration initiative to fix the Regrettably, too much of American known terrorists. They are people who problem. This, despite the fact that politics—especially if you are coming associate with terrorists; they are a this is a top recommendation of a blue- off recent campaigns—is not at all terrorist threat to this country. ribbon task force. about who is the best but rather who is Guess what. That watch list is un- So I asked the Congressional Re- the worst. That, in my judgment, be- available to state and local law en- search Service to contact the White comes an anvil on the body politic. forcement officials around this coun- House Office of Homeland Security, the John F. Kennedy used to say with some try. Department of State, and the Depart- beautiful prose that mother kind of Thirty-six hours before the Sep- ment of Justice. They have done this in hopes her child might grow up to be tember 11 attack, one of the hijackers recent days. President, as long as they don’t have to was pulled over by a Maryland State My understanding is that after I become active in politics. But, of police trooper for driving 90 miles an made these inquiries the White House course, politics is the way we make de- hour on Interstate 95. The hijacker’s convened a meeting with State and cisions in America. name was Ziad Jarrah. He was a 26- Justice officials, and they are now ap- I am enormously proud of this polit- year-old Lebanese national. He was one parently looking into ways to inte- ical system of the participation by Re- of the key organizers of the al-Qaida grate the State Department terrorist publicans, Democrats, Conservatives, terrorist cell formed in Germany 3 watch list—called the ‘‘Tipoff’’ data- Liberals, Independents, and moderates. years ago. He shared an apartment base—with the National Crime Infor- I think all bring a great deal to the with Mohammed Atta. And he was at mation Center, which is accessible by public debate and discussion, and the controls of flight 93 when it State and local law enforcement au- strengthen our country. crashed in a rural area of Pennsyl- thorities. Having said that, on Monday I will vania. This effort must be expedited. Let me say a few words about our colleagues When that hijacker—or at that point quote from the article in the Wash- who will be leaving us—Senator the potential hijacker—was pulled over ington Post of just yesterday: CLELAND, Senator CARNAHAN, and oth- by the Maryland trooper, he was driv- U.S. intelligence officials, increasingly ers who have been mentioned on the ing a car rented under his own name. confident that al Qaeda leader Osama bin Republican side. I believe that it is a There are a couple of things with re- Laden is the speaker on a new audiotape re- great privilege to serve with each and spect to this issue that are interesting. leased this week, said yesterday that the every one of them, even though we No. 1, his name was not on the watch message was part of a disturbing pattern in- from time to time have our differences. list. dicating that terrorist groups may be plan- It is a remarkable privilege to be here No. 2, had it been on the watch list, ning a new wave of attacks on Western tar- and to serve with them. it wouldn’t have mattered because a gets. highway patrolman or a city police of- Even before the purported bin Laden tape I wish to make a point about home- surfaced on the al-Jazeera satellite network land security that is not a part of this ficer has no access to that watch list. The officer can run the name of an in- on Tuesday, the CIA, FBI and National Secu- bill but I think a part of something rity Agency had detected a significant spike that is very important. To underscore dividual through the NCIC computer in intelligence ‘‘chatter’’ over the previous how important it is, I would note that and find out if that individual has an 10 days that strongly indicated new assaults we have been told by the head of the outstanding warrant, or if there are are being planned, officials in U.S. intel- CIA that the threat of attack by al- law enforcement warnings about him ligence agencies said. Qaida and other terrorists now is as but the officer has no way of knowing That is from the Washington Post. high as it was the day before Sep- if the individual is on the State De- They continue to say: tember 11. partment terrorism watch list. The amount of alarming information was On October 25 of this year, a task The State Department watch list has approaching the volume seen in the weeks force headed by former Senators War- the names of 80,000 terrorists or sus- before the Sept. 11, 2001, attacks in Wash- ren Rudman and Gary Hart issued a re- pected terrorists on it. And 2,000 names ington and New York, and again in the mid- port on America’s homeland security. are being added each and every month. dle of last month following a wave of attacks That report was entitled ‘‘America The watch list is drawn from a good on overseas targets, some sources said. Still Unprepared, America Still In many area intelligence agencies. And The point is this: Homeland security Danger.’’ It was a bipartisan task force as we speak, there is no way for law en- and homeland protection rests, yes, sponsored by the Council on Foreign forcement authorities to access the with our intelligence-gathering agen- Relations, which included former Sec- database. cies, yes, with the FBI, the CIA, and all retaries of State, Warren Christopher, Let me read in detail an excerpt from of the officials who are working very George Shultz, ADM William Crow, Re- the Hart-Rudman report: hard, spending a lot of hours doing the ‘With just fifty-six field offices around the best job they can to make it work. But tired, former Chairman of the Joint nation, the burden of identifying and inter- Chiefs of Staff. cepting terrorists in our midst is a task well beyond that, it also rests with coopera- They found that 1 year after the Sep- beyond the scope of the Federal Bureau of tion with all of the local responders, tember 11 attacks America remains Investigation. This burden could and should especially local law enforcement offi- dangerously unprepared for another be shared with 650,000 local, county, and cials across this country. There are terrorist attack. state law enforcement officers, but they 650,000 of them. I specifically wish to talk about one clearly cannot lend a hand in a If, today, a terrorist drives through a of their concerns raised in this report counterterrorism information void. When it rural county in North Dakota this comes to combating terrorism, the police of- afternoon, or a rural county in that I read, which gave me great per- ficers on the beat are effectively operating sonal concern. deaf, dumb, and blind. Terrorist watch lists Vermont, or Kentucky, or in the mid- In the report, the task force con- provided by the U.S. Department of State to dle of New York City, and is picked up cluded that the 650,000 local and State immigration and consular officials are still for a traffic violation, and is a known law enforcement officials around the out of bounds for state and local police. In terrorist on a watch list—guess what—

VerDate 0ct 31 2002 23:52 Nov 16, 2002 Jkt 019060 PO 00000 Frm 00013 Fmt 4637 Sfmt 0634 E:\CR\FM\G15NO6.029 S15PT1 S11174 CONGRESSIONAL RECORD — SENATE November 15, 2002 that highway patrolman, that city po- So I implore the President and the Tuesday when the homeland security lice officer is going to run that terror- folks who are apparently now working bill is passed. ist’s name through the database at the on this to do everything they can in So my point is, there is much left to NCIC, and they are going to get no this regard. When a trooper stops be done for those of us—and I am sure warning that what they have on their someone for speeding tomorrow, or the that is all of us—who care deeply about hands is a terrorist in the car in front day after tomorrow, or the day after homeland security in this country. of them. There would be no warning at that, and the individual that was Mr. President, I yield the floor. all because they cannot access the pulled over is a terrorist, I want that The PRESIDING OFFICER. The Sen- watch list. trooper to realize who he has in that ator from New York was on his feet. I If we have a watch list in which we car—for the trooper’s protection, and know the Senator from Tennessee is have identified the names of terrorists for the protection of this country. waiting. and suspected terrorists, it makes no Let me talk briefly about one other Mr. SCHUMER. If the Senator will sense at all to withhold that informa- piece of homeland security, and we ad- yield, I was waiting behind the Senator tion from law enforcement officers, dressed part of it yesterday. from North Dakota, Mr. DORGAN. If we who every single day climb out of bed I have told my colleagues previously, are going back and forth—I only want and go protect this country on Amer- I was recently at a port in Seattle. I to speak for about 10 minutes. ica’s streets, on our highways. They don’t know much about ports because I Mr. FRIST. Mr. President, I sought are our eyes and ears. They are also come from a landlocked State. I don’t recognition first. The PRESIDING OFFICER. There is watching out for the security of this come from a State near an ocean. So I not a particular order. The custom is country. They ought to have access to went down to see how the ports usually to go back and forth from side that watch list. worked. They showed me all these to side. I am wondering if we might Again, let me say, this was the No. 1 ships that come in with all these con- recognize the Senator from Tennessee, recommendation in the report offered tainers. to follow the normal custom. by former Senator Rudman and former I asked: What is in all these con- Mr. FRIST. Normal procedure would Senator Hart. The report, which I tainers? They said: We have all these bills of lading and invoices, so we know be to turn to me? would urge everyone to read, is enti- The PRESIDING OFFICER. I am what is in them. I asked: Can I see? tled: ‘‘America Still Unprepared— sorry. I heard the Senator from New And they showed me some containers America Still in Danger.’’ These are York, but if the Senator from Ten- former Secretaries of State, former they were opening. They showed me a container from nessee says he sought recognition ear- Senators, Republicans, Democrats, lier, then I will apologize for not hear- evaluating what needs to be done to Poland that had frozen broccoli in it in 100-pound bags. They pulled out a bag ing him. protect this country for this country’s Mr. FRIST. Mr. President, I would be of frozen broccoli and cut it open. Sure security. happy to yield, although I felt I was— enough, it was frozen broccoli. I asked: I want to go back to read just a por- The PRESIDING OFFICER. The What is in the middle of the container? tion of the report. The task force had Chair recognizes the Senator from Ten- I know what is in this bag. And they this to say: nessee. With just fifty-six field offices around the said: Well, we just know what’s on the Mr. FRIST. Mr. President, I will nation, the burden of identifying and inter- invoice. yield 10 minutes to the Senator from cepting terrorists in our midst is a task well We are spending $7 to $8 billion to see New York. Is that enough time? beyond the scope of the FBI. The burden if we can stop an incoming missile be- Mr. SCHUMER. I appreciate it. I could and should be shared with 650,000 local, cause we are very afraid a terrorist don’t want to break the protocol. county, and state law enforcement officers, group might get hold of an ICBM. But The PRESIDING OFFICER. I am pre- but they clearly cannot lend a hand in a it is more likely a terrorist group counterterrorism information void. pared to recognize the Senator from might put a weapon of mass destruc- Tennessee. Yesterday, I was on the phone with a tion in a container on a container ship The Senator from New York. community in North Dakota, and the that comes in at 3 miles an hour pull- Mr. SCHUMER. I thank the Senator county sheriff was there in the room, ing up to a dock in New York City or from Tennessee. and we talked by conference phone. We Los Angeles. The PRESIDING OFFICER. I thank talked about this issue. He is not too We have 5.7 million containers every both my colleagues for helping the far from the Canadian border. If one of year coming into our ports. So 5.7 mil- Chair out of a difficult situation. his deputies or that county’s sheriff lion containers every single year; Mr. SCHUMER. Let us hope and pray stops a car on a rural highway, and it 100,000 are inspected, 5.6 million are that is the Chair’s most difficult situa- turns out to be a terrorist driving a not. Is that a matter of homeland secu- tion in the upcoming months. rented car, he is not going to know be- rity? You bet your life it is. I thank the Senator from Tennessee cause he does not have access to the A fellow in the Middle East—many of for allowing me to speak. I will try to watch list, he does not have access to you read about this fellow—decided he be brief. I would like to talk about two the information. The FBI will not was going to ship himself to Toronto related subjects in this bill: What is in know, the CIA will not know, no one and then come into this country. He the bill and what is not in the bill. will know that terrorist was driving a had a GPS, a computer, a toilet, fresh What is in the bill, aside from the car on that rural road because the per- water, a cot, all in a container loaded original homeland security provisions son who apprehended him—the county on a container ship, shipping himself to which we have been debating for a very sheriff, the city police officer—had no Toronto, Canada, with the intention, long time, are little pieces of legisla- access to the information the State De- apparently, of coming into this coun- tion unrelated to homeland security, partment has, the consular officials try. none of which could stand the scrutiny have, the CIA has. It is not that the in- Do we need to be concerned about of individual debate. In other words, if formation does not exist, it is that it is these things? You better believe it. any of these little provisions were put not shared with local law enforcement And many of these issues, even if we in separate legislation and brought to officers across this country for the pur- passed a homeland security bill, will the floor of the Senate, my guess is pose of securing this country’s home- not be resolved. they would be overwhelmingly de- land. The first issue I mentioned today is feated. So this was the task force’s top rec- not resolved, and will not be resolved For those to be in homeland security ommendation. This was not No. 5 or with the passage Monday of this bill: right now, for those pieces of pork, for No. 10, it was the top recommendation The fact that 650,000 local law enforce- those rifleshot pieces of legislation of this group, a group that included ment authorities have no ability to ac- that benefit one company to be in this several former Secretaries of State cess a watch list to determine who is a bill, particularly after the President under Republican and Democratic ad- terrorist and who isn’t. And 5.6 million made such a fuss about keeping this ministrations, Republican and Demo- uninspected containers coming into bill the way he wanted it without any cratic former Senators, and others. our ports will not be inspected next other provisions in it, is very wrong.

VerDate 0ct 31 2002 23:52 Nov 16, 2002 Jkt 019060 PO 00000 Frm 00014 Fmt 4637 Sfmt 0634 E:\CR\FM\G15NO6.032 S15PT1 November 15, 2002 CONGRESSIONAL RECORD — SENATE S11175 I hope we will support the Lieberman agencies, both Federal and State and provisions that were placed in the amendment. There are a few that are local, that deal with homeland security homeland security bill, I have a certain particularly galling to me. Probably get virtually no dollars at all. obligation to walk my colleagues and the worst is a provision in this bill that I was told that my provision, which the American people who are listening was in the original bill that the House had bipartisan support—Senator through what the Lieberman provision just took out that said, if you go over- LIEBERMAN, Senator THOMPSON, Sen- would do by stripping out the smallpox seas to avoid paying taxes, the original ator MCCAIN, Senator HOLLINGS—that provisions, by stripping out the vaccine provision said, you can’t bid on home- would have enabled us to have nuclear provisions. land security contracts. This takes it detection devices attached to the Let me begin by saying we are a na- out. It says to companies that move cranes that load and unload containers tion at risk. We are at risk from nu- overseas that they can benefit from the and could detect a nuclear weapon that clear weapons and from chemical weap- homeland security issues. I find that would be smuggled in, had to be out of ons; we know. But when it really comes very troubling. the bill because it cost money. I find to what could potentially happen to There is a provision that exempts one that to be sad. I find that to be trou- our homeland—remember this is home- company, Eli Lilly, from any liability bling in the sense that we are letting land defense that we are talking against a drug that is already subject our national guard down. If we were about—I would argue that the greatest to many lawsuits because of its mer- under such spending constraints when risk for a weapon of mass destruction cury levels. That kind of provision it came to the rest of the parts of the to be microorganisms, to be anthrax, would never pass standing on its own, war on terrorism, I would say OK. But which terrorized the Nation, when we and it was slipped in in the dark of I don’t understand why we can spend don’t even think, we don’t know, we night by the other body. We should not all the money we want overseas but don’t think it was used by a State, or countenance it here. when we come to the water’s edge, even the introduction of smallpox, which we There are provisions that redebate carefully thought out small amounts of know is a weapon of mass destruction, the tort law. We will have plenty of de- money are not allowed. if introduced into a population that is bates about tort law next year; I am This bill is problematic for what was unprepared, that has not been vac- sure of that. But to put them in this just added in and what was not put in. cinated. Vaccine is the front line for legislation with no debate would make It is a little bit better than nothing. It people at risk from anthrax. It is the the Founding Fathers gag. is a baby step in the direction of better front line for people at risk from small- We should stop doing these things, homeland security because our agen- pox. That means your children. That but particularly in a homeland secu- cies do have to be reorganized. But I means your spouse. That means your rity bill that was so subject, in the hope and pray that not only we take grandparents. That means your family. election, to a debate that the President out the extraneous provisions that So we must not do anything and the wanted it his way or no way and led, at should be debated another day, but LIEBERMAN amendment would do this— least if you believe some of the pun- that we don’t make the mistake that to increase the barrier for you to be dits, to some of our colleagues losing this reorganization bill is doing what protected. their elections because they wanted it we need for homeland security. Iraq has been mentioned. Most of my a slightly different way. Now to put With that, I yield the remainder of colleagues know that Iraq had one of these sometimes pork, sometimes lard, my time and once again thank my col- the most robust biological weapons sometimes extraneous provisions in league from Tennessee for his gracious- programs in the history of the world. It this legislation is unfair, is wrong. We ness in allowing me to speak. I will loaded anthrax, it loaded botulism now exit for the shuttle to New York. should support the Lieberman amend- toxin on missiles during the gulf war, The PRESIDING OFFICER. The dis- ment. inserted it into the warheads of these tinguished Senator from Tennessee is I also would like to talk about what recognized. missiles. We don’t know about small- is not in the bill. This bill is a reorga- Mr. FRIST. Mr. President, I rise to pox. We didn’t know that refrigerators nization of agencies. All things being speak in opposition to the Lieberman had been found in Iraq that said equal, it is better than not having it. amendment and will spend a little bit ‘‘smallpox’’ across them, but we do But anyone who thinks, as my col- of time over the next probably 30 min- know this robust biological weapons league from North Dakota has out- utes going to the substance of what program is the foundation for a pro- lined, that this is going to make us this amendment does, talking policy, gram of weapons of mass destruction. safer, this is going to do the job, is but also talking to the impact that The interesting thing about these sadly mistaken. I will support the leg- passing the Lieberman amendment microorganisms, these viruses, these islation because it is a little bit better would have on our homeland security. bacteria, is that you don’t have to have than the present situation. But I am The bottom line is that I believe a big ship out there to send in a mis- worried that then we will think we striking the provisions, which is what sile. We know that once you put small- have done all we can on homeland secu- the Lieberman amendment does—it pox in a society, it will travel through rity. pulls out certain provisions from the our schools, it will travel through our This administration is letting our underlying bill—will put the people of businesses and through our homes, and Nation down on domestic security—not our Nation at greater risk, when we are the only defense we have—the only de- by design but by effect—when they say talking about homeland security and fense, in terms of a medical treatment, that nothing can be added to homeland safety and protection of individuals, of is that vaccine. That is why, when we security that costs money. I don’t get families, of children. That is a broad talk vaccines and when we talk small- it. We are willing to spend $80 billion statement. It is a bold statement for pox, it is incumbent upon us to have on a war in Iraq which I have sup- me to make. But over the next several those provisions in this bill. ported, but we are not willing to spend minutes I want to give you the sub- I will begin with smallpox because it $250 million to prevent nuclear weap- stance of it. is the one that, a week from now, can ons from being smuggled into our coun- A lot of people have said these provi- be a problem. What about right now, or try. Where is the logic there? sions having to do with vaccines and tomorrow morning, if we hear of three Does anyone think that rearranging smallpox are one-company provisions. or four smallpox cases in the country? agencies is going to get the INS to The second argument is that in some What actually happens at that stand- have better computers or the Coast way these provisions cut off the rights point? Smallpox is a disease that is one Guard to better defend our borders? No. of individuals to go to court. We have of the most deadly infectious diseases. And this administration is going to run heard statements by the proponents There is a 30-percent chance, to any- up against a serious problem if it con- that one agent, one preservative, body who gets it, that they are going tinues to have the view that we cannot causes autism and thus in some way to die. If three people are here, one of spend a nickel on domestic security. the underlying bill will hurt families those three will die if they get small- The analogy, the comparison is stark. with children with autism. pox. The military gets all the money it As a scientist, as a physician, as What is the treatment? The only needs—it should—but our domestic someone who is very familiar with the treatment—real treatment—is to get

VerDate 0ct 31 2002 23:52 Nov 16, 2002 Jkt 019060 PO 00000 Frm 00015 Fmt 4637 Sfmt 0634 E:\CR\FM\G15NO6.035 S15PT1 S11176 CONGRESSIONAL RECORD — SENATE November 15, 2002 that vaccine on your arm within 3 ample. Smallpox can hit here tomor- What is important there—people say days. Some people say 4 days. I person- row or in 30 days or in 60 days from if that is the case, you cannot sue. ally think it is 3. Some say 5 to 10, but now or in 90 days or maybe never. We Well, that is simply not true. It basi- if your child has smallpox, not from all pray it never hits. We have 300 mil- cally says that the Federal Govern- when the manifestations start appear- lion doses of vaccine. It is not all li- ment is going to be on your side and ing but from the time of actual con- censed yet, but it is good vaccine and I will defend you in any lawsuit and the tact, and that entails having a vaccine have utmost confidence in it. It is a Federal Government will pay the dam- out there—say 300 million doses, be- risky vaccine. The childhood vaccines ages. It does not deny adequate, just, cause we know smallpox in an unpro- we use, which we are inoculated with— fair compensation if there is a side ef- tected population, which we are, knows even the anthrax vaccine that poten- fect, but what it does do is you are no barriers. Right now, if I had small- tially has certain side effects—if you going to have somebody behind you; pox lesions within my mouth, people look at these, I put smallpox among namely, the Federal Government, to around these four or five desks prob- the most risky because we know the pay you damages. It does say you go to ably would already be infected. The side effects are that about 1 in a mil- Federal court. People say Federal only protection is the vaccine itself. lion people would die. If you vaccinated courts cannot do this. In truth, we all The only treatment for smallpox—and 300 million people, about 300 would die. know Federal courts can do that. this isn’t true with all biological Ten times that number would have se- It is important to point out that in agents, but the only treatment is the rious side effects—maybe encephalitis Federal court, the rules that are actu- vaccine within 3 days. or many others that are life threat- ally used are going to be applicable to The administration has a policy, that ening. As a matter of fact, probably 30, that State or according to State law. I agree with, that basically is, if there 40 times that many would have a bad Thus, you can still sue, but the Fed- is an outbreak, or a case, you can inoc- rash, many of which would cause hos- eral Government pays. A lot of people ulate people in that area. That is a pitalization. So it is a vaccine, in med- say you should be able to punish any- great policy. We don’t need to mass- ical terms, with more potential side ef- body—punish that nurse who put that vaccinate everybody. What about right fects than others. vaccine in your arm—so let’s have pu- now? What would you say if there were an nitive damages on top of compensation. People listening, saying we are a na- outbreak tomorrow? You would call in The underlying bill says you get ade- tion at risk—Iraq has had biological nurses and public health officials, and quate, just, fair compensation. You are weapons programs. We know Saddam pediatricians and other doctors, and defended by the Federal Government Hussein is a mass killer, a serial killer, you would say, as part of the American and they will pay you, but there is no who kills his own people and other peo- response to bioterrorism and the use of punitive damages component, which ple. He hates the United States. We bioterrorist agents or microorganisms makes sense because, remember, that know the most powerful weapon of as weapons of mass destruction, you nurse is putting that inoculation on mass destruction is smallpox, and we need to get this vaccine to as many your arm to save your life under a plan know there is a refrigerator sitting people as you can within 3 days. It put forward by our Government, probably in response to an emergency. there that has ‘‘smallpox’’ written on could be maybe 100 or maybe 1,000, or Over time, I think we need much it. 10,000; and in a city such as New York, more balance in terms of the overall What if I wanted to get the vaccine it could be a million easily within 3 provisions. It was not my idea, al- now, just in case? Right now, you can- days. Okay, you have the vaccine. You though I support these provisions not get it. I argue that you should be have willing health care providers. I strongly, to take these specific provi- able to get it. But that is not yet the think of myself as a physician. Every- sions out and to put them into the bill. policy of the United States. I think body could be mobilized to do that. So over time, we need to develop a with informed consent, knowing the You are basically saying, as American more comprehensive policy to make policy: You need to give that vaccine. side effects and knowing what the ad- sure we have both a full range of vac- It has side effects, but we are not going vantages could be—lifesaving—weigh- cines developed, that we have appro- to protect you in the event there is a ing the relative risk—what about if a priate countermeasures, and if some- side effect—death or encephalitis. We case breaks out in the Northwest, say body is harmed by a vaccine, there is are not going to protect you in any Oregon, tomorrow? If you wanted to fair compensation. get the vaccine and you live in Nash- shape or form, although you are ful- We need to come back and visit this ville, TN, you could not get it. We filling the mandate and the policy, the in a more comprehensive way as we go ought to change that. That is not what emergency response of the American forward. I will add, though, there is we are talking about today, but you people. some sense of urgency to this given the see that vaccines are a front line for Why would they not do that? Because threats today. homeland security. of the lack of protection from sky- The issue of what is front line is im- I don’t know what is going to happen rocketing lawsuits. I have a great portant because the use of germs, in Iraq; none of us knows. If we come fear—and I don’t want to say I know microorganisms, and bacteria is new to back and deal with this 6 months from for sure, but I have a fear in talking to the American people as weapons of now, or a year from now, or 2 years health care providers and to the nurses mass destruction. It is causing us to from now, we are inadequately pro- who recognize, given that vaccine is say we understand nuclear weapons, tecting the American people. I don’t important to life saving, but at the gas, but what about these organisms want to overstate it, but that is my be- same time is subjected to these unlim- that can wind their way through a soci- lief. ited lawsuits with punitive damages— ety? What is the front line? If smallpox hits here, right now, we they just might say: I cannot subject That is why vaccines are absolutely are inadequately protected. The myself to giving a thousand of those important because they become the Lieberman legislation would strip out doses, even looking at the statistics. front line, and that is why we address a provision, within 2 days or 3 days or That is the problem, that is why the vaccines in the homeland security bill, 4 days, that would make us more ade- smallpox provision has to be in there. especially since we are at risk today. quately protected as a nation. We have had so many people make all One cannot turn on a television or read The threat of liability—this is where these statements, but nobody has been a newspaper without learning of this the other vaccine provisions are impor- to the substance. The bill extends the enhanced risk, this higher risk. tant—should not become a barrier to Federal Tort Claims Act—the FTCA— Let me back out of this broader issue the protection of the American people. protection to any person, such as a of vaccine. Smallpox is one case. It I will repeat that. The threat of liabil- doctor, or a pediatrician, or a nurse, or happens to be a virus. What about the ity should not become a barrier to the somebody who is qualified to be giving plague which wiped out a third of Eu- protection of the American people. that inoculation, lifesaving inocula- rope? What about anthrax? We have an Then you go back to the question, tion, in your arm. It provides them a old vaccine. The vaccine has to be ad- What is this threat of liability? I will protection of the Federal Tort Claims ministered over and over, so we need boil it down and use smallpox as an ex- Act. newer vaccine developed for anthrax.

VerDate 0ct 31 2002 23:52 Nov 16, 2002 Jkt 019060 PO 00000 Frm 00016 Fmt 4637 Sfmt 0634 E:\CR\FM\G15NO6.038 S15PT1 November 15, 2002 CONGRESSIONAL RECORD — SENATE S11177 What about Ebola? About 3 months ess, their whole manufacturing process that inoculation, that vaccine, in your ago, the National Institutes of Health today? arm, as well as the health care pro- said in their response to bioterrorism That is an issue that has to be devel- viders, the facilities, and the manufac- that one of its major priorities is going oped, and the urgency of it is the fact turers. to be the development of a vaccine for we are a nation at risk from biological What is in the underlying bill is a the Ebola virus. That makes sense be- agents, and there are 12 states that narrow set of provisions that were ac- cause we know that other states in have offensive biological weapons pro- tually taken from a bill that I have their offensive biological weapons programs, and we are today unprotected. studied for the last 3 years and that I grams—and there are 12 offensive bio- On the liability issue, people have introduced this Congress, that should logical weapons programs outside the said one preservative causes autism. eventually be passed in this com- United States; people need to know They mentioned this on the floor. That prehensive form, but the provisions that—there has been a linkage of is just wrong. The Institute of Medi- have been taken out and included in smallpox with the Ebola virus. We cine has made it very clear that there the underlying bill I feel strongly know Ebola has a 90-percent mortality is no established causal relationship about and I will continue to talk to my rate; smallpox has a 30-percent mor- between that preservative and autism. colleagues about them individually as tality rate. We should at least be I will and others need to go back and they understand why those provisions thinking of a front line there which look at the data, but the Institute of were included. means a new vaccine. NIH said 4 Medicine has basically said that to I will say that the provisions that are months ago—and most people do not date. We need more research. in the bill are far narrower than what even know it—has as one of their major I was one of the primary authors of I think we actually need to do to have initiatives development of an Ebola the autism research bill. We need to this balance in our liability system so vaccine. Why? Because intelligence tell look at it again. I want to assure fami- we can continue to develop vaccines to us people have attempted to link vi- lies in the country that those state- protect our children, the current gen- ruses. Thus, we need to have an effec- ments made on the floor of the Senate eration. In the event there is a bio- tive response system in terms of the are wrong. There is nothing in the un- terror attack a week from now, a development of vaccine. derlying bill that slows down research month from now, a year from now, we Research is good. NIH is doing re- for autism or just compensation, if will be adequately prepared. search. But unless we have manufac- there is an association between autism The Lieberman proposal would strike turers in the field manufacturing vac- and a certain preservative. these sections that are in the under- cines, we can have the greatest re- It is interesting, with these vaccines lying bill. And all of them merely research in the world and know how to do being sort of inherently risky, with the state to some extent what was in- it, but unless we can produce it and risk of liability costs driven up so high tended by Congress. This is a clarifica- produce it quickly, the know-how does because it is easy—it is not easy, but tion, a restatement. In 1986, when it not do us any good because we are not we can have lawyers coming in and passed the bill, the underlying bill going to be able to develop the vaccine starting these lawsuits. called the National Children’s Vaccine to put on your arm and protect you In the 1980s, this body started the Injury Act, what that act did was to from the Ebola virus. Vaccine Injury Compensation Program. create an administrative mechanism There are provisions in this bill that They did this through the National by which those children who have a se- provide smallpox as a microcosm, but Children’s Vaccine Injury Act. It was rious side effect from a vaccine can re- in the macro sense, there are other passed in 1986, I believe. The whole pur- ceive compensation without ever hav- vaccines. Every year—and the distin- pose of this program is to provide in- ing to prove in court a vaccine caused guished Presiding Officer knows this— jured patients compensation while at- their particular injury. So you do not we hear about these shortages of vac- tempting to control litigation, based have to go to court. You can go to this cines about every 6 months. People on the recognition that vaccines will new administrative body. ask: Why are there these shortages? It always be an easy target because they There are a handful of people who do is multifactorial, and we have to ad- have inherent side effects and every- not believe in vaccines. They just say dress that. body gets vaccines—everybody in this all vaccines are bad. Most know that One of the issues we know is this un- body has been vaccinated. Everybody they are invaluable and have spared limited liability. Think back to the listening hopefully has been vac- our children from many of the diseases smallpox vaccine. It is put on your cinated. We all depend on those vac- that haunt us. Thus, when you have arm, and you have a bad side effect. cines. That at the end of the day, since that which we all really fully under- Somebody is going to sue for that side everybody gets it and there are certain stand today, that they are a protection effect. There are no protections today. side effects, that if you want to make for our children, plus this new threat of In the same sense, the manufacturers, a lot of money you can go out and start bioterror, that is why you link it to the pharmaceutical companies, which getting these people and start creating homeland security and that is why it is is very popular for people to beat upon these lawsuits. That is why in the mid- important in this bill. We know we aggressively these days, the manufac- 1980s we said we have to put all of this must preserve that manufacturing base turing companies, the pharmaceutical together and look at it in a reasoned so with the research that is done, yes, companies are the only ones that can way, a way that is efficient, a way that by the pharmaceutical companies, but make the smallpox vaccine, the front is fair to people broadly. The vaccine also maybe even more importantly by line for that weapon of mass destruc- injury compensation program is essen- the NIH, we can actually manufacture tion, for the Ebola virus. tially a no-fault alternative to the tra- those vaccines. We can, through NIH, promote the ditional tort system in this whole area Section 171 clarifies that the compo- research, but only a manufacturing of vaccines. It has been a key components and ingredients of a vaccine list- firm, a pharmaceutical firm can make nent of stabilizing the vaccine market, ed in the vaccine’s product license ap- the Ebola vaccine. There used to be in of not driving even those last four com- plication and label are not contami- the eighties 12 pharmaceutical compa- panies—or the last two in this coun- nants or adulterants. Importantly, the nies making vaccines. Then it dwindled try—out of making vaccines. It has a advisory committee, from which all of to 10, then to 8, then to 7, then to 6, streamlined process. It puts down a this essentially was taken, is an advi- then to 5, and there are now only 4 vac- less adversarial alternative so not ev- sory committee called the Advisory cine manufacturers licensed to sell erybody is going to court and spending Commission on Childhood Vaccines. vaccines in the United States, and only weeks, months, and in some cases They unanimously concur with this two of these are American companies. years trying to have their cases actu- particular provision. Why is that the case? Why would ally looked at. The next section, section 1716, adds a they stand out totally exposed for It encourages research and develop- definition of ‘‘vaccine’’ to the Public making a medicine that is lifesaving, ment of new and safer vaccines, and it Health Service Act since that term was yes, but one that with one lawsuit can provides the appropriate liability pro- not defined at all in the initial legisla- wipe out their whole development proc- tection to that nurse who is putting tion back in 1986. This section states

VerDate 0ct 31 2002 23:52 Nov 16, 2002 Jkt 019060 PO 00000 Frm 00017 Fmt 4637 Sfmt 0634 E:\CR\FM\G15NO6.041 S15PT1 S11178 CONGRESSIONAL RECORD — SENATE November 15, 2002 the obvious—that the term ‘‘vaccine’’ injury compensation program recently These provisions that are in the un- includes all components and ingredi- concluded that the language and legis- derlying bill have been unanimously ents listed in the vaccine’s product li- lative history of the National Chil- supported by the Advisory Commission cense application and product label. dren’s Vaccine Injury Act dem- on Childhood Vaccines. As I mentioned, Again, the Advisory Commission on onstrated that claims relating to com- that includes injured patients, trial Childhood Vaccines recommended the ponents of covered vaccines are plainly lawyers, and an expert group of pa- appropriate modification which is a subject to the act. As to the mis- tients as well. They have been endorsed part of the underlying homeland secu- conceptions that have been presented by the American Academy of Pediat- rity bill, again, which the Lieberman on the floor, No. 1, these provisions do rics. amendment would strip out. not prevent patients from suing in I ask unanimous consent to have a Sections 1715 and 1716 restate the court. The statement has been made portion of letters from the Advisory original intent of the law that a vac- that it takes away rights. It does not. Commission on Childhood Vaccines and cine is all the ingredients and compo- It does not prevent patients from suing the American Academy of Pediatrics nents in the product which are ap- in court. Instead it merely requires, as printed in the RECORD. proved by the FDA. This is an impor- is required under current law, claim- There being no objection, the mate- tant one because there have been some ants must first go through the com- rial was ordered to be printed in the allegations that all this was stuck in pensation program designed in the RECORD, as follows: for a single company. The fact is that 1980s which has worked effectively but ADVISORY COMMISSION there are presently more than 150 of does need to be modified, as is being ON CHILDHOOD, VACCINES, these lawsuits against the four vaccine carried out in these provisions. They Alexandria, VA, June 19, 2002. manufacturers, as well as pediatri- maintain their right to pursue a court Hon. TOMMY G. THOMPSON, cians, children’s hospitals, state health case. Secretary of Health and Human Services, departments and other healthcare pro- One can go through that program Washington, DC viders. From my comments, one can itself, the administrative program, in a DEAR SECRETARY THOMPSON: The Advisory Commission on Childhood Vaccines (ACCV) see that it is not a single company. We timely way. If someone does not agree are talking about a huge issue that re- is authorized under Section 2119 of the Pub- with the compensation that they put lic Health Service Act to advise the Sec- flects back to the protection of our forward, they can go to court. I will retary of Health and Human Services (the families and our Nation. say that without this clarification, liti- Secretary) on the implementation of the Na- Section 1714 clarifies that the term gation outside the program—and that tional Vaccine Injury Compensation Pro- ‘‘manufacturer,’’ under the VICP, in- is what is happening today—will con- gram (VICP). At the June 6 meeting, the cludes any corporation, organization, tinue and the supply of vaccines could ACCV discussed in detail the need for urgent or institution that manufactures, im- well be jeopardized as we have these modifications of the VICP and the necessity ports, processes or distributes any vac- to ensure the viability of the Vaccine Safety huge lawsuits. Datalink Project. Actions are needed to ad- cine on the vaccine injury table, in- One lawsuit today is $30 billion. That cluding any component or ingredient of dress a variety of concerns that directly im- is what they are looking for in one law- pact the VICP. such vaccine. The Advisory Commis- suit, $30 billion. The whole vaccine in- sion on Childhood Vaccines, again, an BACKGROUND dustry is only $5 billion. There are As of May 2002, more than 50 individual and independent body making specific rec- about 150 of these lawsuits out there ommendations—it is composed, by the class action lawsuits with millions of plain- today. Those who desire to bring litiga- tiffs alleging potential thimerosal-related in- way, of trial lawyers, medical pro- tion outside the compensation program juries from childhood vaccines have been viders, and injured parties—unani- will continue to sue the manufacturers filed in state and federal courts. The plain- mously supported this provision. This of components of vaccines and ulti- tiffs in these lawsuits argue that their provision restates Congressional intent mately that is going to result in the claims are not governed by the VICP because to ensure that any lawsuit alleging manufacturers of the products them- they allege that thimerosal is an vaccine-related injury or death follow ‘‘adulterant’’ to, and not a part of the vac- selves simply walking away and not cines. These claims have been filed against vac- the same process and groundrules remaking vaccines and getting out of the gardless of whether it is against the cine companies and, in some instances, against vaccine business. Then who is going to health care providers. Thimerosal, as you know, final manufacturer, a physician or hos- make the vaccine for the Ebola virus, is approved for use by the Food and Drug Ad- pital, or a component or ingredient which our Federal Government, ministration and is part of the vaccine formula- manufacturer and addresses those law- through intelligence, has identified as tion when licensed; hence clarification is needed suits seeking to circumvent the Vac- one of the six agents of which we are at to direct these claims to the VICP before tort cine Injury Compensation Program. remedies can be pursued. I also want to point out that these risk, one of the six agents against Concurrently, some 500 incomplete cases provisions are supported by the Amer- which other nations have had offensive have been filed as placeholders with the ican Academy of Pediatrics, and I will biological weapons programs. VICP alleging that thimerosal (mercury) has If litigation continues against com- talk more about that in a minute. caused vaccine-related injuries. The medical I want to run through a couple of ponent manufacturers outside of the records that the Act requires upon filing do not accompany many VICP petitions, includ- other specific ones, again because no- vaccine injury compensation program, those companies that make the compo- ing these cases. This causes problems be- body has really talked to the substance cause of the time constraints spelled out in underlying what this amendment nents simply are going to be unnecessary to provide the vaccine or those the Act. The presiding special master must would mean. generally resolve a case within 240 days (this The congressional intent very much people who make FDA-approved com- period excludes any period of suspension and was to encompass the manufacturers of ponents and give them to the vaccine any period during which a petition is being component materials of vaccines in the manufacturers will stop making those remanded). If the special master fails to definition of ‘‘vaccine manufacturer,’’ components. We saw that in the mid- issue a decision within such time, the peti- and these provisions—what they do is 1990s when raw material suppliers re- tioner may withdraw from the VICP and pur- clarify this intent. They restate the fused to sell the necessary components sue outside litigation without affording re- to the medical device manufacturers. spondent or the special master any meaning- congressional intent as part of the Vac- ful opportunity to evaluate the VICP claim. cine Injury Compensation Act. The People just stopped making materials there because of this fear of litigation. THE ACCV BELIEVES THIS DISTURBING NEW courts are presently correctly ruling MEND IN CIVIL LITIGATION COULD CIRCUMVENT Ultimately there it took an act of Con- that these amendments—what they are THE ACT gress to protect those component man- doing is part of that congressional in- We submit the following recommendation tent. The courts have correctly re- ufacturers, the people making the for action: pieces that go, for example, into a jected the contention that a compo- RECOMMENDATION ON CERTIFICATION OF nent or ingredient of an FDA-approved pacemaker or, in this case, it would be COMPLETENESS OF PETITIONS vaccine can also be considered sub- a component of the vaccine. It took an The ACCV recommends that the Secretary stitute an adulterant or contaminant. act of Congress to prevent a shortage propose legislation to amend the National Among these decisions, the court back then of pacemakers and of other Childhood Vaccine Injury Act of 1986, as charged with adjudicating the vaccine vital medical devices. amended, to require special masters to issue

VerDate 0ct 31 2002 01:21 Nov 17, 2002 Jkt 019060 PO 00000 Frm 00018 Fmt 4637 Sfmt 0634 E:\CR\FM\G15NO6.044 S15PT1 November 15, 2002 CONGRESSIONAL RECORD — SENATE S11179 a certificate of completeness once a deter- for Pain and Suffering’’ with the 2001 ACCV port policy changes that have reduced ad- mination is made that a petition is complete recommendation to increase the $250,000 ben- verse effects from vaccines. in accordance with section 2111. The time pe- efit caps for both death and pain and suf- Rep. Dan Burton, (R–IN), Chairman of the riod described in sections 2112(g) and 2121(b) fering. These $250,000 benefit caps should be Committee on Government Reform, re- of the Public Health Service Act would begin retroactively increased since 1988, and in- quested any and all records collected under from the date the special master issues a cer- creased annually, thereafter, to account for the VSD and was prepared to subpoena the tification of completeness. This would allow inflation using the Consumer Price Index for records if he was not given access. The CDC for a period of 240 days excluding any period All Urban Workers (CPI–U) as envisioned by and HMOs, understandably, do not want to of suspension of any time the petition is on Congress in the original National Childhood give this data to Rep. Burton because these remand) for the parties to consider all of the Vaccine Injury Act of 1986; records include confidential patient informa- evidence and for a decision to be reached. If Replacing Section 210, ‘‘Allowing Payment tion. For now, Rep. Burton agreed to a com- the special master fails to issue a decision of Interim Costs’’ which does not stipulate a promise with CDC which would allow an within this time period, calculated from the timeframe for when the interim payment is independent researcher to replicate or con- date the certificate of completeness is to be made with Section 6, ‘‘Allowing Pay- duct a modified analysis of a previous VSD issued, the petitioner could withdraw from ment of Interim Costs of the 1999 Amend- study, while maintaining the confidential the VICP and pursue outside litigation. ments, which states that the interim pay- nature of the data, but Rep. Burton has not SENATOR FRIST’S BILL ment can only be made after a determination rescinded his threat of the subpoena. There- In addition to the previous request, we also has been made concerning whether or not fore, the ACCV makes the following rec- ask that you consider our recommendations the petitioner is entitled to compensation; ommendation: regarding legislation introduced by Sen. Wil- Modifying Section 219, ‘‘Ongoing Review of RECOMMENDATION ON THE VACCINE SAFETY liam Frist (R–IN), ‘‘Improved Vaccine Af- Childhood Vaccine Data’’ by deleting the DATALINK PROJECT phrase, ‘‘together with recommendation for fordability and Availability Act’’ (S. 2053). The Vaccine Safety Datalink Project changes in the Vaccine Injury Table’’; and The ACCV concentrated on Title II of the (VSD) is a critical component of our vaccine Replacing Section 221, ‘‘Report’’, which bill that has provisions to ensure that all safety infrastructure. Participation by this language, ‘‘The ACCV shall provide the claims for a vaccine-related injury or death health maintenance organizations in the Secretary of Health and Human Services are first filed with the VICP. The ACCV VSD is predicated on confidentiality of pa- with annual status reports on the Vaccine makes the following recommendations: tient identifiers. In order to assure the con- Injury Compensation Trust Fund (the Trust tinued viability of the VSD, the privacy of RECOMMENDATIONS ON THE ‘‘IMPROVED VACCINE Fund), including recommendations on the al- individual patient data must be protected. AFFORDABILITY AND AVAILABILITY ACT’’ location of funds from the Trust Fund.’’ Therefore, the ACCV recommends that the The ACCV unanimously concurs with the With regard to Section 203, ‘‘Parent Peti- Secretary of Health and Human Services following sections of S. 2053 which are the tions for Compensation’’, the ACCV believes take all steps necessary to protect the pri- same as or very similar to proposals made in that the language in this section must be vacy of patient data in order to ensure the the ‘‘Vaccine Injury Compensation Program modified. The issue of compensating parents continued support and viability of this im- Amendments of 1999’’ (the 1999 Amend- and third parties was raised when the origi- portant project. ments), which were developed from rec- nal Act was drafted, but the focus remained In conclusion, Mr. Secretary, we believe ommendations made by the ACCV and sent on the need for an adequate compensation that the VICP plays a critical role in our na- to Congress as legislative proposals by the package that would cover the life of the in- tion’s childhood immunization program, and former Secretary: jured child. Over the years, a few parent or we urge your immediate attention to our Section 206, ‘‘Clarification of When Injury third party petitions for compensation have concerns. The ACCV greatly appreciates is Caused by Factor Unrelated to Adminis- been filed in state and federal courts. How- your continued support, and looks forward to tration of Vaccine’’; ever, many of the class action suits contain your timely reply. Section 208, ‘‘Basis for Calculating Pro- parent petition, which prompted ACCV to re- Sincerely, jected Lost Earnings’’; visit the issue. ACCV strongly believes that Section 209, ‘‘Allowing Compensation for ELIZABETH J. NOYES, parent or third party petitions for compensa- Family Counseling Expenses and Expenses of Chair, ACCV. tion are more appropriately managed and ad- Establishing Guardianship’’; judicated through the VICP rather than Mr. FRIST. In part it says: Section 211, ‘‘Procedure for Paying Attor- through outside litigation. Because of our neys’ Fees’’; These claims have been filed against vac- Section 212, ‘‘Extension of Statute of Limi- concern for the well being of the child, the cine companies and, in some instances, tations’’; ACCV recommends that the award to the against health care providers. Thimerosal, as Section 213, Advisory Commission on vaccine-injured child be separate from any you know, is approved for use by the Food Childhood Vaccines’’; and award offered to the parent. At your request, and Drug Administration and is part of the Section 218, ‘‘Conforming Amendment to the ACCV will develop options for such an vaccine formulation when licensed; hence Trust Fund Provision.’’ award. In addition, this Section, as is cur- clarification is needed to direct these claims The ACCV unanimously concurs with the rently drafted, raises serious constitutional to the VICP before tort remedies can be pur- following sections of S. 2053: concerns. The ACCV recognizes that the pro- sued. Section 204, ‘‘Jurisdiction to Dismiss Ac- posed provision, as drafted, may need to be That is what the underlying bill does. tions Improperly Bought’’; supplemented to: (1) address potential con- Section 215, ‘‘Clarification of Definition of stitutional concerns; and (2) assure that such That is what the Lieberman amend- Manufacturer’’; parents or third parties claims may be prop- ment strips out. Section 216, ‘‘Clarification of Definition of erly administered by the VICP. Moreover, The American Academy of Pediatrics Vaccine-Related Injury or Death’’; the ACCV believes that further consideration also wrote in support of this. I’ll quote Section 217, Clarification of Definition of Vac- should be given to review of whether a third a final sentence from this letter of cine’’; and party’s claim should be tied to the injured June 19, 2002: Section 220, ‘‘Pending Actions’’. party’s claim in civil actions. The AAP has reviewed S. 2053 and has the The ACCV does not concur with the fol- Section 205, ‘‘Application’’, is a conforming lowing sections of S. 2053 and recomends: following comments beginning first and fore- charge to Section 203, and therefore, the most with our strong support that all claims Replacing Section 201, ‘‘Administrative Re- ACCV does not concur with this Section vision of Vaccine Injury Table’’, which for vaccine-related injury or death first must until the language in Section 203 is suffi- be filed with the VICP. changes the public comment period from 180 ciently modified. to 90 days with Section 2, ‘‘Administrative In addition, we concur with the ACCV’s Revision of Vaccine Injury Table’’, of the BACKGROUND ON THE VACCINE SAFETY most recent recommendations in support of 1999 Amendments which changes the public DATALINK PROJECT sections 204, 215, 216, 217 and 220. comment period from 180 to 60 days and In order to enhance the understanding of I ask unanimous consent to print the rare adverse effects of vaccines, CDC devel- shortens from 90 to 60 days the period that letter in the RECORD. the ACCV has to review a proposed rule; oped the Vaccine Safety Datalink (VSD) There being no objection, the mate- Modifying Section 202, ‘‘Equitable Relief’’, project in 1990. This project is a collabo- and Section 214, ‘‘Clarification of Standards rative effort, which utilizes the databases of rial was ordered to be printed in the of Responsibility’’ to add ‘‘past or in front of eight large health maintenance organiza- RECORD, as follows: present physical injury’’. Some individuals tions (HMOs). The database contains com- AMERICAN ACADEMY OF PEDIATRICS, may have sustained a vaccine-related injury prehensive medical and immunization his- Washington, DC, July 19, 2002. in the past, but do not have a present phys- tories of approximately 7.5 million children Hon. BILL FRIST, ical injury. These individuals should not be and adults. The VSD enables vaccine safety U.S. Senate, prohibited from obtained relief in a civil ac- research studies comparing prevalence of Washington, DC. tion filed against a vaccine manufacturer or health problems between unvaccinated and DEAR SENATOR FRIST: The American Acad- administrator; vaccinated people. Over the past decade, the emy of Pediatrics (AAP), and the 57,000 pedi- Replacing Section 207, ‘‘Increase in Award VSD has been used to answer many vaccine- atricians we represent, greatly appreciates in the Case of a Vaccine-Related Death and related questions, and has been used to sup- your leadership and support of the various

VerDate 0ct 31 2002 23:52 Nov 16, 2002 Jkt 019060 PO 00000 Frm 00019 Fmt 4637 Sfmt 0634 E:\CR\FM\A15NO6.008 S15PT1 S11180 CONGRESSIONAL RECORD — SENATE November 15, 2002 immunization provisions outlined in your This past June, the Advisory Committee of ommended childhood vaccines and certain bill, S. 2053, the Improved Vaccine Afford- Immunization Practices (ACIP) made the de- other vaccines that may be critical to the ability and Availability Act. This legislation cision to expand the Vaccine for Children public’s health such as Hepatitis A and addresses several issues of critical impor- (VFC) program coverage of the influenza meningococcal. tance to the Academy. vaccine to all healthy children aged 6 to 23 Thank you for your commitment to an im- VACCINE INJURY COMPENSATION PROGRAM months. This will take effect March 1, 2003. munization strategy that promotes the safety, efficacy as well as the adequacy of the Enacted in the late 1980’s, with the support As physicians, we are both aware that this age group has a high likelihood of hos- supply of vaccines for the nation. We look and guidance of the AAP, the National Vac- forward to working with you as this legisla- cine Injury Compensation Program (VICP) pitalization if they get the flu, therefore the availability of an adequate supply of the in- tion moves forward. has helped to stabilize what was then and ap- Sincerely, pears to be again a fragile vaccine market. fluenza vaccine is critical. In addition, this LOUIS Z. COOPER, For the past 14 years, this program has been expanded recommendation means that adequate funding—both public and private—is President. successful in its efforts to ensure an ade- essential. The estimated first-year costs of quate supply of childhood vaccines, promote Mr. FRIST. I will read from a state- influenza vaccination of children, according more research and development of even safer ment by Dr. Timothy Doran, testifying to the Centers for Disease Control and Pre- and better vaccines and most importantly to on behalf of AAP, to the Health, Edu- vention, are $11.5 million in the VFC pro- provide for a fair and just compensation pro- cation, Labor and Pensions Committee gram, $2.6 million in Section 317 funds, and gram for those that suffer vaccine-related in- $1.42 million in state funds. This assumes earlier this year on behalf of the Amer- juries. However, over time, as reflected in vaccination of 20% of children aged 6 to 23 ican Academy of Pediatrics, relating to your legislative proposal, some modifica- months (most requiring two doses), 15% of these provisions. He testified it was tions are necessary to ensure that the VICP high-risk children aged 2 to 18 years, and 5% crucial: is working at it full potential. of children living with high-risk household The AAP has reviewed S. 2053 and has the to preserve and strengthen the liability pro- contacts. These costs dramatically increase following comments beginning first and fore- tections for consumers, manufacturers and as we assume higher vaccination coverage most with our strong support that all claims physicians through the Vaccine Injury Com- rates for these populations of children. We pensation Program. The VICP has been an for vaccine-related injury or death first must applaud your support of increasing the sup- integral part of maintaining the vaccine be filed with the VICP. The Academy concurs with several sec- ply of the influenza vaccine (Section 101) and market. Enacted in the last 1980’s with the encourage your proactive support to ensure tions of the bill, some of which were pre- support and guidance of the American Acad- sufficient public and private funding to meet emy of Pediatrics the VICP has helped to viously proposed in 1999 by the Advisory the need and demand of the pediatric popu- stabilize what was then and appears again to Committee on Vaccine Compensation lation. We should expect nothing less than, be a fragile vaccine market. We reiterate our (ACCV) and you have incorporated in S. 2053. at a minimum, coverage by the Medicaid strong support that all claims for vaccine-re- These include: Sections 206, 208, 209, 211, 212, program for our youngest citizens as is related injury or death must be filed first with 213 and 218. In addition, we concur with the ceived under Medicare for our senior citi- the VICP. We appreciate the intent of the ACCV’s most recent recommendations in zens. legislative proposal put forth by Sen. Frist support of sections 204, 215, 216, 217, and 220. IMMUNIZATION RATES and others to craft appropriate modifications The AAP is particularly pleased that S. 2053 as necessary to ensure that the VICP is The AAP appreciates the recognition of in- includes language that allows compensation working to its full potential. for family counseling, ongoing review of creasing immunization rates and data collec- childhood vaccine data and clarifies the defi- tion especially for adolescents as well as Those are the provisions in the un- nition of vaccines, manufacturers, and vac- adults included in Section 102 of S. 2053. derlying bill. That is exactly what is in cine-related injury or death. However, as pediatricians dedicated to the the homeland security legislation that The AAP, however, does have specific con- health, safety and well being of infants, chil- would be stripped out by the cerns about Section 203, ‘‘Parent Petitions dren, adolescents and young adults we would Lieberman amendment. for Compensation,’’ as currently drafted. The be remiss if we also did not encourage the in- The effect of these provisions in this AAP believes that petitions for compensa- clusion of all infants and children in the col- bill is important because of the new era tion by parents or third parties must be ad- lection of data and in efforts to increase im- of bioterrorism, not knowing the direc- judicated through the VICP and not through munization rates. We have made remarkable tion the world is moving, recognizing the judicial system. Moreover, in addition to progress. Presently, the rates of immuniza- potential constitutional issues that this pro- tions for children may well be at an all time we are unprotected today from small- vision may pose, we contend that such high. But we still have significant disparities pox. We now have a tremendous initia- claims by parents should be separate and and pockets of need among rates of immuni- tive by the administration, the private apart from awards to the vaccine-injured zation for racial and ethnic groups. This is sector, and the public sector. We have child. Although the issue of the compensa- further exacerbated by the potential impact better coordination and better public tion of parents and third parties was ini- that vaccine shortages may have on the health infrastructure, better commu- tially raised during the drafting of the VICP rates of immunizations. We cannot allow nication, better coordination. But at in the 1980’s, it was rejected to maintain the complacency or less vigilance of rates for in- the end of the day, if smallpox is in fants and children at this critical time. focus of the Act on providing appropriate your community and you know it, you and just compensation that covers the life of VACCINE SUPPLY the vaccine-injured child. We believed then, know where to go, that is good, but un- Although pediatricians over the years have less you have a health care provider to as well as now, that this approach is in the encountered brief childhood vaccine short- best interest of the child. The AAP would ages nothing compares to the most recent put it on your arm, you are not pro- suggest that consideration could be given to situation because of both the number of dif- tected. We do not know when it will hit providing, within the scope of the VICP, a ferent vaccines involved and the scarcity of again. provision for the loss of consorrum that the available supply. For most of the first The fact the Advisory Commission on would be separate from the award to the vac- half of this year, the shortage of vaccines in- Childhood Vaccines endorses these pro- cine-injured child. cluded eight of the 11 diseases preventable visions is important. The fact that the The AAP agrees with your identification in through routine vaccination of children. In American Academy of Pediatrics en- Section 207, of the need for an adjustment to many instances these shortages and delays dorses these provisions is also impor- the award for a vaccine-related death and for by necessity resulted in temporary changes pain and suffering. However, we recommend tant. This shows they are not just to immunization entry requirements for day pulled out or from a single company or a modification to this section as written. Use care and school. Until just recently the long- of the Consumer Price Index (CPI) to ac- est-standing significant shortage was with they have not been thought through by count for annual inflation in providing these the Td vaccine that began about a year ago both trial lawyers and patients and benefit awards had been the original intent and affected the ability to give teens the families and providers. We have heard of Congress in drafting the VICP. The AAP booster Td they need. Currently, the most the claims that these are not relevant encourages your adoption of this approach serious shortage continues to be with the to the underlying bill. But at the end that was also recommended in 2001 by the new 7-valent pneumococcal conjugate vac- of the day, in this world where we are ACCV. In 2002 dollars, such an award would cine (PCV7, Prevnar). The AAP supports and at risk from bioterrorism, germs, vi- be the equivalent of an award of over appreciates the recognition in Section 104 of $300,000. ruses, I guarantee, based on everything the need to maintain a sufficient vaccine I know and everything I have read, it is MENINGITIS AND INFLUENZA VACCINES supply. Moreover, we also support the discre- The AAP supports your recommendation tionary authority of the Secretary of Health critical we increase our protection for in Section 103 to provide information to a va- and Human Services to develop a national these agents. That is what the under- riety of entities concerning bacterial menin- vaccine stockpile for a minimum of six lying bill does. gitis. We are ready to work with you to im- months and as long as 12 months. This stock- The liability protections are impor- plement these efforts. pile should include all of the routine rec- tant for health care providers. I argue,

VerDate 0ct 31 2002 01:21 Nov 17, 2002 Jkt 019060 PO 00000 Frm 00020 Fmt 4637 Sfmt 0634 E:\CR\FM\A15NO6.011 S15PT1 November 15, 2002 CONGRESSIONAL RECORD — SENATE S11181 also, for the facilities where they are for his work on this very important label, was a contaminant or adulterant administered and the manufacturers. If legislation. He introduced this legisla- and, as a result, is not included in the we allow out-of-control lawsuits to tion months ago, even before the ad- scope of the VICP. That is a legal issue. drive people out of the business of ministration recognized the need for a That legal issue is being decided as we making these vaccines, no matter how homeland security bill. He has brought speak. good our research is, we will not be to the floor a very well-crafted, well- In fact, the VICP has requested that able to make vaccines which are criti- balanced, thoughtful piece of legisla- the Special Master of the U.S. Court of cally important. We started with 12 tion, a product of deliberation over Federal Claims consider this question, companies and we are now down to 4 many months. It is disheartening at and the Special Master is currently de- companies in the United States who this moment to see a piece of legisla- liberating the issue, but has not yet make the vaccines. We have no guar- tion that has arisen in the last couple ruled. antee they will stay in the business. of days, almost 500 pages long, with So here we are, at the 11th hour of They are unlikely to stay in the busi- greater omissions but also including this legislative session, trying to pass a ness if the huge lawsuits hit them in a what I argue in certain cases to be are homeland security bill. And what we way that simply is not favorably extraneous provisions. find, mysteriously and surprisingly, is judged. One of the provisions at issue is the a provision in the bill that would short The provisions in the underlying bill of curtailing the ongoing discussion circuit the ongoing litigation, that only restate the original intent of Con- about the scope of the vaccine injury would thrust our view on the courts. gress. They restate current law that in- compensation program. We have a situ- And, frankly, I suspect the Special dividuals claiming injury for covered ation where vaccine manufacturers in- Master has a much more attuned no- vaccines must first file for compensa- cluded a preservative, Thimerosal. This tion of what are the permutations, tion under the vaccine injury com- preservative has been alleged to have what are the consequences, what are pensation program, the VICP. These caused medical harm; it has not been the legal precedents of concluding sections state what really should be ob- scientifically proven. The Senator from whether or not Thimerosal is covered vious. A vaccine itself is the sum total Tennessee has indicated the Institute under the VICP, than we have on this of all of its parts as determined by our of Medicine has suggested there is no floor. Food and Drug Administration, and causal link between Thimerosal and Again, this is reduced quite easily, that the manufacturers of vaccines in- autism or other childhood diseases. Yet quite simply, quite transparently, to clude those who contribute to each of there is ongoing litigation to deter- an attempt by an industry to insert, these various components. We have the mine if this, in fact, is a causal factor. within a bill that is deemed to be abso- vaccine, the components, the manufac- In a homeland security bill designed lutely necessary to pass, a provision turers who make the vaccine, and also to focus our attention on the most ur- that short circuits all of the legal dis- the people who make the components. gent and dramatic threats to the cussion and potentially short circuits Nothing in this language takes away United States, we find a very trans- the rights of parents to recover the full one’s right to sue. These provisions parent attempt by at least one manu- compensatory and other damages that simply clarify and restate current law facturer to curtail potential liability they deserve because of their child’s which requires all claims of injury re- because of their products. Frankly, illness. lated to a vaccine covered by the com- there is no other rationale for putting None of this has been settled in pensation program must first go this one provision in the legislation. It terms of scientific cause and effect. through the compensation program be- is inappropriate to be included in this But procedurally I think we have to, in fore a lawsuit can be filed. There is legislation. It certainly does not raise short, allow the process to take place. much more that needs to be done, I be- the urgency of the issues the Senator It is not uncommon—in fact, it is quite lieve in a more comprehensive way, but from Tennessee discussed in terms of common—that there are disputes about these provisions take the first step in a smallpox protection or potential for a the interpretation of a particular stat- timely way, when time certainly mat- mass casualty crisis because of the use ute, the coverage of a particular stat- ters. of a biological agent. ute. But we seldom—unless of course In the long run, it is critical to ex- In point of fact, Thimerosal was there are very well connected and in- pand the vaccine market for a whole withdrawn from use in vaccines in 1999. fluential proponents—we seldom pick range of microorganisms we are not So this is not a situation where we out these items for legislative relief protected from. We need to provide have to act today, in this very critical prior to any type of judicial conclu- greater access to their vaccines. We legislation, to ensure that manufactur- sion. So I suggest, particularly with re- need to be able to look the parents in ers will continue to use this material. gard to this matter—the striking of the eye and say, when you take your In fact, quite the contrary, this mate- these specific provisions—is appro- child to the doctor or the public health rial, although no one has established a priate. center, those children, as well as all definitive link to any particular dis- Indeed, one wonders why we are Americans, are not going to be in some ease, has been voluntarily withdrawn spending time debating this issue on a way turned away by a barrier that we from inclusion in vaccines. homeland security bill when in fact failed to address in the Senate. That is So what we have is a situation where there are so many other needs that de- why a vaccine provision is necessary, is allegations have been made by parents serve our attention and deliberation. necessary now, is necessary in this of children that this preservative Many of my colleagues have suggested homeland security bill. caused a disease in their child. And as that, not just with regard to what is in I yield the floor. the Senator from Tennessee rightly this bill but, frankly, the need to sup- Mr. REID. Mr. President, we have a pointed out, in 1987 Congress enacted port more vigorously those programs consent in order for debate only until the Vaccine Injury Compensation Pro- and policies that we already have in 1:30 p.m. There are numerous Senators gram as a no-fault alternative to the place might take precedence over sim- who wish to speak. I ask unanimous tort system for resolving these types of ply recreating and reshuffling the deck consent that the order for debate only claims. The procedure for the com- in terms of the organization of the Fed- be extended until 3 o’clock today. pensation program is that you must eral Government with respect to home- The PRESIDING OFFICER (Mrs. first go through this system of evalua- land security. LINCOLN.) Without objection, it is so or- tion of your claim and determination I urge my colleagues to support Sen- dered. of award, if any, before you are allowed ator LIEBERMAN’s efforts, at least to The Senator from Rhode Island. to pursue your claim in court. eliminate these items which are en- Mr. REED. Madam President, I rise What has occurred in this situation tirely extraneous to the homeland se- to discuss the amendment proposed by is that families have alleged that this curity bill, and in fact fall far from the the Senator from Connecticut, Mr. particular element, Thimerosal, is not urgency that is so apparent, appro- LIEBERMAN. First, I commend the Sen- covered under the Vaccine Injury Com- priately, in the homeland security bill. ator from Connecticut, Mr. LIEBERMAN, pensation Program because, even A final point I should say, and I not only for his amendment but also though it is an ingredient listed on the think my colleague from Tennessee

VerDate 0ct 31 2002 23:52 Nov 16, 2002 Jkt 019060 PO 00000 Frm 00021 Fmt 4637 Sfmt 0634 E:\CR\FM\G15NO6.048 S15PT1 S11182 CONGRESSIONAL RECORD — SENATE November 15, 2002 said it so well, is that the issue of ac- Secretary of State Powell that some- sible to predict accurately the amount cess to vaccines is a very critical issue how was able to get through a very of experience and institutional knowl- that warrants our close attention. I strong resolution in the Security Coun- edge that is literally going to walk out was fortunate enough to chair a hear- cil that will finally enforce Iraq’s com- the door by the end of the decade. That ing of the Senate Health, Education, pliance with those 16 previous resolu- is why it is not only right to focus at- Labor and Pensions Committee in tions of the United Nations. tention on our human capital crisis, it which the General Accounting Office I think we do have a President who is essential. testified about existing obstacles to a can be trusted. I think that is the basis Unfortuantely, until recent months, dependable and adequate supply of vac- of this legislation. It is not perfect, but very few Members of Congress have cines for children. The Senator from I am confident it will not be abused. It paid much attention to this growing Tennessee, with his unique perspective is not, as some say, an encroachment set of challenges. as a physician, not only has been help- on legislative branch prerogatives, as I Now, as the Senate is considering ful but has taken a very prominent have heard some contend. legislation designed to reorganize the role, working with others and myself, Madam President, I rise today to Federal Government in a way that will in developing a comprehensive ap- talk about an issue of critical impor- help secure our Nation against future proach. That comprehensive approach tance to our Republic, and that is the terrorist attacks, civil service reform might require an examination of the urgent need for Federal civil service re- is front and center. This issue, which VICP program. It certainly might also form. I came to this floor earlier this for years has not been substantively require vaccine stockpiles, notification fall to discuss how civil service reform addressed, is of paramount importance by manufacturers, if they chose not to can improve our ability to secure the in the consideration of the most sig- produce a vaccine, so that our public homeland, and I rise again today be- nificant government reorganization to health authorities know prior to the cause this issue remains at the crux of take place in our Nation in half a cen- onset of a particular shortage that you our renewed debate on the homeland tury. It’s about time. will have one, two, three, or four man- security legislation. Congress last enacted major civil ufacturers in the market to meet the As a member of the Governmental service legislation for the entire Fed- demand. Affairs Committee and chairman and eral Government 24 years ago in 1978. So I would argue that a comprehen- ranking member of the Oversight of To operate effectively, the Federal sive approach to maintaining the sup- Government Management sub- Government cannot afford to revise its ply of vaccine is important. The Sen- committee, I have worked to focus the personnel laws only every quarter cen- ator from Tennessee has been working spotlight on this issue since I came to tury. So much has changed over the on it. I have been working on it. But the Senate 4 years ago. During the years, and changing times require new that is not what we are talking about course of 12 hearings and numerous thinking and new laws—policies that this afternoon. We are not talking meetings with national leaders in man- allow flexibility in our Federal govern- about protecting the American public agement and public policy, it became ment’s civil service system. in a systematic, comprehensive way by crystal clear that we were in the midst During the 107th Congress, I have ensuring that vaccines are available. of a human capital crisis in the U.S. worked with some of the Nation’s pre- What we are talking about today is a Government. Moreover, it became clear mier experts on public management to special interest provision that short that this crisis is growing and will only determine what new flexibilities are circuits ongoing litigation involving a get worse unless this Congress acts de- necessary to create a world-class 21st product that is no longer being used as cisively to address it. century Federal workforce. These in- a preservative. It is not about what we Some people still ask what the clude: the Council for Excellence in need to do today to protect ourselves human capital crisis is, how serious is Government, Partnership for Public from the very real threat of bioter- it, and whether it really threatens the Service, Private Sector Council, rorism. Frankly, my assumption was, operations of the Federal Government. Brookings Institution, National Acad- when we came to the floor to talk The human capital crisis is, simply emy of Public Administration, and the about the homeland security bill, we stated, the inability of the Federal Volcker Commission; Administration would be talking about what we need Government to properly manage its officials including OPM Director Kay to do today to protect this country in workforce. Robust personnel manage- James, and former OMB Deputy Direc- the future. ment includes the ability to recruit the tor and current NASA Administrator, So I urge my colleagues to support best candidates, hire people in a timely Sean O’Keefe; and representatives of Senator LIEBERMAN, to recognize this manner, award performance bonuses federal employee groups like Bobby bill would be much improved by adopt- and other motivational tools to provide Harnage of the American Federation of ing the provisions he has suggested. training and professional development Government Employees, Colleen Kelley I yield the floor. The PRESIDING OFFICER. The Sen- opportunities and the flexibilities to of the National Treasury Employees ator from Ohio. shape a balanced workforce. Good man- Union, and Carol Bonosaro of the Sen- Mr. VOINOVICH. Madam President, agement includes the flexibility to act ior Executives’ Association. I am we have heard hours and weeks of de- quickly and to compete as an employer grateful for the respective and rec- bate on the Senate floor on this legisla- of choice in this fast-paced 21st century ommendations all of these groups pro- tion. Among the principal arguments knowledge economy. vided and we drafted our legislation of some of the opponents of this bill is Madam President, I believe that if a based on their insights. that President Bush and his adminis- Federal agency or department is im- Our bill, S. 2651, the Federal Work- tration cannot be trusted. I think the portant enough to receive the hard- force Improvement Act of 2002, which I election last week proved that many earned tax dollars of my constituents introduced with Senators THOMPSON Americans do believe our President can and yours, we have a moral responsi- and COCHRAN, is designed to get the be trusted. He is a man of character. bility to see to it that the people’s right people with the right skills in the He is a man of integrity. He says what money is spent wisely. Outdated per- right jobs at the right time. It is a con- he means, and he means what he says. sonnel practices and lack of training sensus package of human capital re- I think an example of that was—if not only put agencies at risk of not forms that I believe will have a posi- you recall, there were many people who being able to fulfill their mission and tive impact on the Federal Govern- were opposed to the passage of the Iraq providing needed services to the Amer- ment’s personnel management. resolution by the Senate. Many of the ican people, they also represent waste- Working closely with Senator AKAKA, calls I got in opposition to it were from ful spending. We simply must provide I successfully amended key provisions folks who believed the President, if the the flexibility agencies need and give of this bill to the homeland security resolution passed, would peremptorily them the right tools to do their work. legislation during its consideration by go into Iraq and take out Saddam Hus- Within 2 years, more than 50 percent the Governmental Affairs Committee sein. of the 1.8 million person Federal work- in July. I am grateful for the support I think all of us were quite impressed force will be eligible for early or reg- that Senator AKAKA provided as we with his patience and the diplomacy of ular retirement. It is virtually impos- adopted those important government-

VerDate 0ct 31 2002 23:52 Nov 16, 2002 Jkt 019060 PO 00000 Frm 00022 Fmt 4637 Sfmt 0634 E:\CR\FM\G15NO6.051 S15PT1 November 15, 2002 CONGRESSIONAL RECORD — SENATE S11183 wide personnel flexibilities. I only wish incentive payments and voluntary ommended. This language would, for we had put more of S. 2651 in the home- early retirement (‘‘buyouts’’ and the first time, limit the current au- land security bill. We need to get it all ‘‘early outs’’) for the purposes of work- thority of the President to exclude an done. force reshaping, not downsizing. This agency or agency subdivision from par- Next year, I intend to introduce authority, which I was able to secure ticipation in a collective bargaining these provisions again, as well as other with legislation three years ago, is cur- unit. human capital legislation that was not rently being used effectively on a lim- Under current law, the President enacted this year. For example S. 1817, ited basis at the Department of De- may exclude participation in a collec- which would make Federal student fense; tive bargaining unit upon determining loan forgiveness benefits tax-free; S. It lifts the total annual compensa- that the entity has as a primary func- 1913, the Digital Tech Corps Act, which tion cap for senior executives, allowing tion intelligence, counterintelligence, would establish a public-private ex- performance bonuses to be paid in full investigative or national security work change program for IT professionals, in a single year; and that permitting the entity to have and S. 2765, the Federal Law Enforce- And, it reduces restrictions on pro- collective bargaining rights would be ment Pay Equity and Reform Act, viding academic degree training to inconsistent with national security re- which would create an employee ex- Federal employees, thereby empha- quirements and considerations. change program between Federal agen- sizing the importance of individual The compromise language would cies that perform law enforcement professional development. limit the President’s current authority functions and state and local law en- All of these things I just talked only with regard to the new depart- forcement agencies. These bills would about are not only going to impact the ment. It would prohibit the President strengthen the performance of our Fed- homeland security department, but from using the exclusionary authority eral workforce throughout the govern- they are governmentwide. All agencies unless the mission and responsibilities ment. will be able to take advantage of these of a transferred agency materially In the 108th Congress, I also intend to provisions in the homeland security change and a majority of the employ- take a closer look at compensation bill. ees within such an agency have as their issues, especially for the Federal law In light of the fact that there has not primary duty intelligence, counter- enforcement community. Serious re- been government-wide civil service re- intelligence, or investigative work di- cruitment and retention challenges form in a quarter century and, as the rectly related to terrorism. So in ef- have been a problem at agencies such Hart-Rudman Commission noted just fect, we have limited the President’s as the FBI and other law enforcement last year, personnel is the basis for authority to exclude employees from agencies for a long time and we simply maintaining national security, it is ab- union membership. have to address this issue. solutely appropriate that this legisla- The language does provide, however, The governmentwide human capital tion be included in the bill to create that the President could waive the provisions we have already included in the Department of Homeland Security. above limitations on his authority if he the homeland security legislation will In fact, in testimony before the Sub- determines in writing that their use have an impact not only on the new de- committee on Oversight of Government would have a substantial adverse im- partment, but on all Federal agencies. Management, former Defense Sec- pact on the department’s ability to Our language will help the Federal retary and member of the Commission, protect homeland security. If he does Government begin to address its James Schlesinger noted: this, I presume he will do it under this human capital challenges—challenges . . . it is the Commission’s view that fix- provision. that extend far beyond the corridors of ing the personnel problem is a precondition We have also added some language I the proposed Department of Homeland for fixing virtually everything else that have proposed requiring that if the Security. needs repair in the institutional edifice of President does not execute his author- The language does the following: U.S. national security policy. ity under the Morella language, he It creates Chief Human Capital Offi- If we do not fix the personnel prob- must notify Congress at least 10 days cers at the Federal Government’s 24 lem, we are not going to be able to fix prior to the issuance of his written largest departments and agencies—offi- anything else that is wrong with the order. This will bring the light of day cials who will have responsibility for system. into his decisionmaking process. I selecting, developing, training and I thank the leadership on both sides don’t expect him to do it, but I think managing a high-quality workforce; of the aisle for including these impor- that is one way we can guarantee that And, it establishes an interagency tant provisions in the compromise lan- such action will not be arbitrary and Chief Human Capital Officers Council, guage we are considering today. capricious. chaired by the OPM Director, to advise The Homeland Security Department The second compromise provision in and coordinate the personnel functions is not the first—and not the last—agen- this bill was proposed by Representa- of each agency and meet with union cy that needs to have greater flexi- tives JACK QUINN and ROB PORTMAN representatives at least annually. bility. Flexibilities and reforms, simi- over in the House. I want everyone to In other words, we are giving human lar to those proposed in the com- understand this so they can see how capital a much higher priority in the promise language for the Department much more limited this bill is than Federal Government, just as it is given of Homeland Security, which I will de- what the President originally sent us. in most corporations that are success- scribe in a moment, are needed That initial proposal featured a per- ful. throughout the executive branch. sonnel system that was similar to the It requires OPM to design a set of I would like to take a few moments one established last fall for the Trans- systems, including metrics, for assess- now to discuss the personnel provisions portation Security Administration, ing agencies’ human capital manage- in the compromise language that apply which waived most of title 5. Of course, ment, something that has been largely specifically to the new department. As the Homeland Security Department, ignored; I said, I have worked with Republicans the President realized Congress would It reforms the competitive service and Democrats on these provisions and flesh out his proposal, and that is what hiring process, allowing agencies, con- I believe this language will provide the happened. This legislation we are consistent with merit principles (including Department with the tools it needs to sidering would create a new agency veterans’ preference), to use an alter- get the job done, and at the same time under title 5, allowing modifications in native category ranking method for se- will respect the rights of those union only six areas. lecting new employees instead of the workers being transferred into the new The House-passed version is less ‘‘Rule of 3,’’ making the process more department. flexible than what the administration efficient and fair—a practice that has First, the compromise language in- wanted, but it is designed to deal with been very successful at the Department cludes the House-passed language pro- the personnel flexibility sought by the of Agriculture for the past decade; posed by Representatives CONNIE President, and to address the collective It provides government wide author- MORELLA and CHRIS SHAYS with an ad- bargaining rights that many of our col- ity for offering voluntary separation ditional provision that I have rec- leagues seek to protect, including me.

VerDate 0ct 31 2002 23:52 Nov 16, 2002 Jkt 019060 PO 00000 Frm 00023 Fmt 4637 Sfmt 0634 E:\CR\FM\A15NO6.015 S15PT1 S11184 CONGRESSIONAL RECORD — SENATE November 15, 2002 This language would preserve em- If we do not resolve some of the dif- In the end, I am glad it now appears ployee rights, including hiring and pro- ferences between the administration we will be able to answer the Presi- motion based on merit and equal pay and the unions, the chances of this new dent’s call to pass this legislation, and for equal work, and would protect em- agency being successful are remote. to do so before we adjourn this session. ployees from improper political influ- And I have encouraged the President to The tragedies of September 11, and ence and reprisal for whistleblowing. meet with Bobby Harnage and with the continuing terrorist threat to our Employees would still be protected Colleen Kelley. Nation, demand powerful and decisive from prohibited personnel practices, As a mayor and Governor, I went action from us and from the President. such as illegal discrimination, politi- through reorganizations, and I learned He has asked this Congress, after the cized hiring or promotion processes, that you cannot get it done unless you leadership of Senator LIEBERMAN, to and violation of veterans’ preference have built trust with your labor union support him by creating a new Depart- requirements. members. ment of Homeland Security. I think we Furthermore, employees would still I would like to make one final obser- should do that. The President believes have the right to organize, bargain col- vation on this bill before us today. We this massive reorganization of govern- lectively, and participate through should not sacrifice the good for the ment, combining our currently frag- labor organizations of their own choos- perfect. I recognize Members on both mented homeland security functions ing in decisions that affect them. sides of the aisle have some concerns into a single Cabinet-level agency, The compromise language requires about certain provisions. So do I. For makes sense. the new Department collaborate with example, I disagree with the language Anybody who thinks we are prepared, unions and other employee organiza- that will transfer the first responder no matter what reports you read—in- tions in creating its personnel system. program from its current location in cluding the most recent ones—that we The language also improves the arbi- FEMA to the new Department’s Border are prepared to handle attacks of any tration process by ensuring both em- Security Directorate rather than the sort, is just greatly wrong. In each of ployees and management concerns are Emergency Preparedness and Response our individual States, as you look at fully and publicly vetted. Directorate. That does not make sense hospitals and police departments, and If a collective bargaining unit dis- to me. Nevertheless, the legislation be- all the rest, we know that is the case. agrees with a management proposal re- fore us to create a new Department of So I think a single Cabinet-level lated to one of the 6 areas subject to Homeland Security, I think, overall, is agency is crucial in providing this Na- modification, the union representative a good bill, and I intend to vote for it. tion and its citizens with the protec- would have 30 days to consult with I have been one of the leaders on civil tion they deserve. agency management on rule changes service reform during the last two ses- I agree this historic reorganization is and offer recommendations. If agree- sions of Congress. I believe I have prob- a bold and necessary step that we, as ment is not reached, the Secretary of ably dedicated more time than any lawmakers, must take, quite frankly, Homeland Security could declare an other Senator to addressing the Fed- in order to be faithful to our first and impasse and submit the dispute to the eral Government’s personnel needs. I foremost duty as lawmakers—I do not Federal Mediation and Conciliation have tried to raise the profile of this think this is generally understood by Service, a process that could last an issue, and then to work in good faith the American people—because our first additional 30 days. At the conclusion of with all interested parties to develop and foremost duty as lawmakers is the that period, the Secretary could pro- solutions. guaranteeing of the safety of people we Based on my work, I want my col- ceed with the proposed changes, re- represent in our individual States, and leagues to know I feel that the per- gardless of the mediator’s rec- also throughout the country. sonnel provisions in the compromise ommendations. I hope all who are present will recog- Again, this is very much like the lan- language can go a long way towards nize this is but a first step. This is guage I added requiring the President putting personnel management in the going to be an extraordinarily com- to make public his decision if he executive branch back on track. plicated evolution. waives the Morella language. In this I urge the passage of this very impor- When the Aviation Security Act was case, at the beginning of the 30-day ar- tant bill. We have to get on with it. It passed not very long after September bitration period, the differences be- is going to take time to establish this 11, it became the assumption of the tween collective bargaining unit em- new department. We have to secure the American people that all airport secu- ployees and management would be es- homeland. We need to get going. rity would be in place, ready to go, tablished so everyone would know what I thank the Chair. with all of the equipment and people the differences are. In other words, if The PRESIDING OFFICER (Mr. there is a difference of opinion, it is CORZINE). The Senator from West Vir- trained, within a matter of months. I aired publicly. It is not going to be hid- ginia. said from the very beginning it was den somewhere. We are all going to Mr. ROCKEFELLER. Mr. President, I probably a matter of 3 to 4 to 5 years know about it. The American people compliment the Senator from Ohio for before we would arrive at a point where will know about it, and Congress will his very thoughtful and important we had the kind of aviation security, know about it. comments in which he reached to a the training, personnel, and the equip- After the 30-day period, the dif- deeper level, which I was going to do, ment that we needed. ferences would be resolved. At the end but now I do not feel the need to be- People have to understand all of this of the total of 60 days, it is over. cause he spoke of the importance for is going to take time, but you can’t I would have been open to more ro- good working relations between man- start the clock running unless you pass bust participation of the Federal Medi- agement and those who work with a bill to get homeland security going. ation and Conciliation Service or an- management, particularly in a field as I don’t think anybody should be other third-party mediator in resolving important as homeland security. under the illusion that this new De- disagreements over title 5 modifica- I rise today to lend my support to the partment will solve all of our security tions. However, the system established Homeland Security Act. I thank Sen- problems at home. I hope we will re- by this legislation is a compromise, ator LIEBERMAN for taking really the member the lessons of the Goldwater- and I support it. lead, before anybody else did, on this Nichols Act of 1986, which basically The real test of this language is issue and for his tireless work to bring made the largest previous reorganiza- going to be how the administration the new Department to the point it is tion of Government—that is, the cre- handles work rule changes, whether or today. I think it is a remarkable feat ation of the Department of Defense in not disputes are handled openly, and on his part. 1947—a working reality. I strongly be- the unions’ concerns treated fairly. It I also would be remiss in not thank- lieve this new Department of Homeland will be imperative for the administra- ing my senior colleague from West Vir- Security will be a work in progress; tion to demonstrate its commitment to ginia, with whom I disagree on this im- that the public has to understand it is an open and fair process in a spirit of portant issue, but who has, neverthe- a work in progress; that you cannot cooperation rather than confrontation less, led the opposition with clarity, take 170,000 people, meld them to- with the unions. with conviction, and passion. gether, create a whole new series of

VerDate 0ct 31 2002 23:52 Nov 16, 2002 Jkt 019060 PO 00000 Frm 00024 Fmt 4637 Sfmt 0634 E:\CR\FM\G15NO6.053 S15PT1 November 15, 2002 CONGRESSIONAL RECORD — SENATE S11185 layers of intelligence agencies, and ex- think they will, the new Department when the President refused to spend pect them all to work very crisply to- should be better equipped to respond $5.1 billion that this Congress gave him gether, when they don’t work crisply with disaster relief. for homeland security to ensure that together now. Nevertheless, there However, we must not forget that our ports are more secure, to ensure needs to be a central point. I believe in many of the assets that we will need to that our nuclear power plants are safe, that firmly. respond to disaster or terrorism will to ensure that our chemical plants are So with the understanding it is a continue to reside in agencies which safe, to ensure that our airports are work in progress, we will, therefore, are outside of the homeland security safer, and to speed up development of have to shepherd its ongoing develop- bill. The one that comes to my mind is, necessary vaccines. I was stunned when ment, and we will. of course, the Veterans’ Administra- the President did what he did. Although the homeland security act tion, which is the largest health care I was also stunned when he opposed should not be mistaken for the defini- system in this country. That whole the idea of making the Homeland Secu- tive answer for all of our security woes, system is going to have to be not incor- rity Department a Cabinet position. I believe it is a strong piece of legisla- porated in the bill but incorporated Stunned. Only after Senator tion with a lot of potential to serve its into the process which I hope this bill LIEBERMAN and his committee had purpose and all of us and the people we will engender of its own force and mo- voted out a bill—at least the Com- represent well. mentum. mittee Democrats did—did the Presi- The Department we are creating is I have confidence in this act. I never- dent decided he wanted to support this strikingly similar to the original pro- theless would like to go on record as concept. posals both the White House and Sen- saying that clearly it does not do ev- We know one thing about September ate introduced last summer. It has erything that I and many of my col- 11th. We know that the CIA and the been some time since then. leagues, including the Chair, to whom I FBI were not speaking to each other. The new Department will combine am particularly grateful, wanted. I re- We know that they were not commu- the functions of 22 Federal agencies gret that we were unable to work effec- nicating with each other. And yet and subagencies. Again, this will be tively to create a new Department there is not one thing in this homeland complicated. There will be all kinds of where dedicated employees are guaran- security bill that addresses that issue. problems. We have to assume that. teed the civil service protection to The homeland security bill tinkers That is not a bad thing. That is the which they are entitled. However, hav- around the edges with creating new evolution of anything that large that ing said that, I think that, as the Sen- ways for the intelligence community to takes place, whether it is in business or ator from Ohio said in his very power- let the Homeland Security Director in government; change, reorganization ful and deep speech, I have to believe know what is happening. But we do not of that sort, does not happen quickly. our President will act wisely, partly get to the heart of that cultural prob- By placing these agencies and all of because of the light that will be on lem that exists between these agencies. their people in one new Department, him, partly because of the situation, That is amazing to me, since we know we should foster much better commu- partly because of the need for workers one thing—that there was a breakdown nication—it will take time—eliminate to be happy and to be doing their work in communication between these two internal redundancies—that will take well, assuming the flexibility that we agencies. time—and greatly improve our ability give him only when he really needs I also happen to believe that massive to detect, respond to, and recover from that, and that he will be wise in that reorganization is generally an invita- future actions from terrorism. respect. tion to chaos and more bureaucracy. I The new Department is intended to So with this act, Congress and the began my political career a long time be a cooperative environment in which White House have cooperated to make ago in a small county of about 200,000 intelligence from all sources is brought a powerful statement to our citizens as people. We found that when you com- together, analyzed, and then used more well as to our enemies. We will work bine agencies in the name of trying to efficiently than in the past, guiding the together to ensure that the American be efficient, oftentimes you have less customers, as the term is used, which people are as free as possible from ter- accountability. That is what is hap- is the President and his National Secu- ror and as free as possible from the fear pening here—combining all of these rity Council, allowing us a much clear- of terrorism. agencies, with some 170,000 people, cre- er view of all threats from whatever I am very thankful to have been able ating all kinds of subheads, and so on source against America. to play a role in the creation of the De- and so forth. The Department is charged with partment. I look forward to playing a So I am very worried. I hope to be carefully coordinating with State and continuing role, as I indicated, in proven wrong because this bill will local governments, none of which is watching this development in sort of a pass, but I am worried that there will prepared at this point to handle what congressional oversight mode. be less accountability rather than could very well and probably will be I ask my colleagues to join with their more. That is why I supported the Byrd confronting them. As well, I might say, support of this homeland security act. amendment, way back when we started private industry faces this same chal- I yield the floor. this debate, which would create a Cabi- lenge. Some have responded, most have The PRESIDING OFFICER. The Sen- net level Homeland Security Director not, partly because they don’t know ator from California. and a streamlined Homeland Security what to do. Secondly, the economy is Mrs. BOXER. Mr. President, I take to Department, with people who would be not strong, and they don’t feel they can the floor to talk about where we are in held accountable, and with a way for do that now. But their condition will the homeland security bill, and to call the Congress to continue to play a role be much worse if they don’t. So to attention to some special interest pro- as we develop this very important them we have to collect and pass along visions added to this bill in the hope agency. I thought that would have been threat information. They have to re- that the American people will take a the way to go. I was proud to stand spond. This whole system has to begin look at what is happening to their with ROBERT BYRD on his amendment. to function in a rational way. country. I happen to believe in my heart of This is the most serious subject we As Senator VOINOVICH has stated, hearts that the President’s change of could be discussing in the Halls of this Osama bin Laden is still alive. While heart about the need for a homeland Congress. Border security should be we cannot be positive of that, it ap- security department had a lot to do greatly improved under the new agen- pears that he is still alive. Certainly, with the fact that he is very interested cy. Our ability to prevent chemical and al-Qaida is alive and certainly al-Qaida in stripping away worker protections. I biological and radiological and nuclear is working full time to hurt us—mean- have to believe that deep in my heart. threats may be stronger than ever being the American people. That we Why do I say that? Because of his ac- fore. We have to make sure that is the know. The world is a terribly dan- tions. Of the 170,000 people in the new case. gerous place. Department, only 40,000 of them have In the event the horrors of terrorism, Taking care of America is crucial. worker protection, that is all. There in fact, visit our shores again, as I That is why I was so stunned and upset are people at the bottom of the barrel,

VerDate 0ct 31 2002 23:52 Nov 16, 2002 Jkt 019060 PO 00000 Frm 00025 Fmt 4637 Sfmt 0634 E:\CR\FM\G15NO6.056 S15PT1 S11186 CONGRESSIONAL RECORD — SENATE November 15, 2002 in terms of pay; the secretaries, the I want to recognize my friend from of a sudden, without any science, you janitors, the file clerks. I don’t under- Michigan, who called us together today have a liability waiver for this mercury stand—and I have said this before on to explore the ramifications of a par- compound? They are going to think: the floor of the Senate—why a Presi- ticular rider that was added in the dead My goodness, if the Republicans—the dent who calls himself of night. I will explain it, and I hope Bush administration—is protecting ‘‘compassionate’’ would want to take she will engage me in a bit of a col- their biggest contributors, maybe they away the most minimum of rights from loquy. know something we do not know; that such people, endanger their level of In the dead of night, with no one this is really a problem because why health care. I don’t understand why watching, after we thought we had would they bother doing it if they were this President would have held up this made the compromise on these work- not worried? bill all this time for that. ers, a few things were snuck into this This has nothing to do with home- Now there is a compromise. I am glad bill. A big campaign contributor of the land security. If it did, they would have a few more protections are added. That Republican Party was rewarded phe- said smallpox vaccines; they would is good. But I don’t know how a person nomenally. A provision was added to have cited the vaccines. who says he is compassionate could go the homeland security bill that pro- There are moments when I wonder after people who have the most mini- tected that big contributor but it has why we are here if we are not willing to mal job protections. They don’t have nothing to do with homeland security stand up and fight for the American the right to strike. No Federal em- or protecting the American people. In people. The special interests, the pow- ployee has the right to strike. They fact, I say that this provision which erful interests have so much behind can scarcely collectively bargain given was added will create insecurity in our them. They can so easily hire the law- the provisions of this bill. That, to me, homeland by sending a message to yers they need, the representatives is a sour note in this debate and con- thousands of families that their chil- they need to come here to lobby. But tinues to weigh on my heart—that dren’s health takes a distant second to the average family that gets struck maybe this President changed his the interests of large, wealthy, power- with this type of a tragedy, all they mind, in part, because of this ful corporate America. have is the love in their family to get ‘‘opportunity’’ to take after these Let me explain. In my State of Cali- them through. What are we doing here? workers. It is really a sad thing to me. fornia, autism—a very haunting and We have to help these people, not have If we look at the economy today— mysterious brain disorder—has in- a special interest provision that is put and I know my colleague from West creased an astonishing 273 percent over in in the dead of night that says to Virginia gets this because he talks to the last decade and a half. Dr. Neil Hal- them: We do not care about you; we do me about it all the time—it is a tough sey, a respected pediatrician and an ex- not care about your kids; and if you economy we have. The fact is, in the pert in vaccination, for years said have to suffer through, too bad, be- last couple of years, as the President there was no connection between vac- cause we are going to protect the peo- came into power, we have seen a tre- cines and autism. I am quoting from an ple who write the large contributions. (Mr. ROCKEFELLER assumed the mendous loss of private sector jobs. article that appeared in Sunday’s New chair.) More jobs have been lost than at any York Times. There is ‘‘some real risk Ms. STABENOW. Will my friend from time in 50 years. We know what is hap- to children,’’ he said, ‘‘from vaccines California yield? pening to people’s retirement security that contain mercury. It is used as a Mrs. BOXER. I will be happy to yield because of the stock market, with the preservative in some of these vac- to my friend. worst performance in more than 50 cines.’’ Ms. STABENOW. On that point, we years. People are frightened. So why do So what provisions did the Repub- actually have counted the number of you go after 40,000 workers and give licans put into the bill? A provision pharmaceutical lobbyists in the Sen- them insecurity? that holds harmless the company that ate. There are six lobbyists for every We heard yesterday that the Presi- produces Thimerosal, a mercury-based Member of the Senate: Six for me, six dent is going to move more than 800,000 preservatives for vaccines. for the Senator from California, six for jobs into the private sector from the What does that have to do with the Senator from New Jersey. Six lob- Federal Government—more than homeland security? Absolutely noth- byists are being paid full time to lobby 800,000 jobs. At a time when people are ing. Childhood vaccines have nothing and bring in these kinds of provisions feeling insecurity, he is going to throw to do at all with homeland security. and also to kill other provisions. them out into the marketplace where What does it mean if this stands and We passed legislation to lower pre- they will have very little security. we don’t have the guts to strip it out? scription drug prices for everyone, to There is something missing here that What does it mean to real people who increase competition of generic drugs, is upsetting to me. are fighting this disease? Many of the and open the border to Canada. There So here we are. In my opinion, we families have filed class action law- is a bill that has been languishing in have a bad choice to make when we fi- suits because—if you have ever seen an the House for months that has been nally vote on homeland security. I will autistic child, although their symp- stopped by the same group that could make what I consider to be the best of toms range from mild to severe, in se- take the time at the last minute to put that bad choice—a choice between no vere cases you are talking about essen- this outrageous provision into the homeland security bill and one that I tially 24-hour care for that child. What homeland security bill. believe was thrown together in a way will these families have to do? They I thank the Senator from California that is going to make it less account- will have to go to a taxpayer fund—a for her eloquence and for standing up able and is going to hit a lot of bumps compensation fund that taxpayers pay for families, because as a mother—and in the road. Taking FEMA and putting for—which has very little money left in I know she is as well—it is outrageous it in there—what will happen when we it, which is capped at an amount that to think that parents who are con- have an earthquake in California? will never pay for the cost of raising a cerned about their children will not What is going to happen with the Coast child with this terrible disease. have an opportunity to have their day Guard when they have to do search and We heard testimony on the House in court over something that poten- rescue? These are troubling questions side that some families trying to col- tially is extremely damaging and hurt- to me. lect from this compensation fund have ful to them. We will have that choice to make. had to fight for 10 years to receive Mrs. BOXER. I thank my friend for That is life. We often don’t have great their awards. her leadership. I point out to my col- choices here, and we will make that de- All the while, if this special interest leagues who are here that four desks cision. But one thing I know I am rider passes, the companies that cause down from me sat Paul Wellstone for 12 going to vote for with great pride on the problems will continue about their years. If Paul was here now, he would Monday is the Daschle-Lieberman business. There is a lot about this rider be stepping outside that desk and tell- amendment. which is upsetting and disturbing. ing us: Now is the time to stand up for I see a couple of colleagues on the First of all, how would you feel if you people, for children, for people without floor who care about these issues, and were a parent of a young child and all a voice.

VerDate 0ct 31 2002 23:52 Nov 16, 2002 Jkt 019060 PO 00000 Frm 00026 Fmt 4637 Sfmt 0634 E:\CR\FM\G15NO6.059 S15PT1 November 15, 2002 CONGRESSIONAL RECORD — SENATE S11187 Autistic kids sometimes cannot talk. vaccines. That should be an issue that There may be things that should be We have to stand up and be counted on is debated openly and understood. It carved out from public view, but when Monday when this vote takes place and should be fully vetted. It is an open private sector individuals can have a take the consequences if somebody gets question about whether this is a seri- perspective of conflict of interest in mad at us here or there because there ous problem, but I do not think adding the advice, it seems perfectly clear is no reason to be here if we do not pro- it as a rider that is particularly attrac- that ought to be made available to the tect the people of this country. tive to a particular segment is germane American public, and I am very trou- Mr. President, I am not going to take to the context of homeland security. It bled by the blank check mentality we the Senate’s time anymore. I have ex- attacks the fundamental premise about are taking with regard to secret activ- pressed myself. I look forward to cast- which we are talking. ity, particularly when it involves the ing a vote on the Daschle-Lieberman I wish to relate that to something private sector. amendment to strike this rider and the about which I will talk which is really We have had that debate with regard other riders that were attached at the the heart of my comments today— to our energy policies, and I think we last minute, which I think is just a bla- chemical plant security—which I think are now making that a normal course tant attempt to give out special favors is missing from the homeland security of events. to the detriment of the American peo- debate. So for all of those reasons—and those ple. It is also troubling and hard to un- are mostly adds, except for maybe the I thank the Chair, and I yield the derstand why pieces of the Wellstone drop with regard to the Wellstone ini- floor. amendment which prohibited con- tiative—I am troubled. The PRESIDING OFFICER. The Sen- tracting with corporate expatriates is Finally, this National Commission on ator from New Jersey. pulled out of the bill. We have some September 11 and the review, to me, is Mr. CORZINE. I thank the Chair. adds and we have some drops. I am not incomprehensible. Hopefully we will Mr. President, before I begin, I com- sure why we are doing that. This was find another way to bring this back, mend the Senator from California on unanimously accepted by the Senate. I but in my 30 years in the world of man- raising not only the issue regarding find it very difficult to understand why agement I have never seen a situation childhood vaccines but the whole issue we are resourcing, promoting, or allow- where you have a failure, a breakdown, of adding riders about which I am ing those companies which choose not a problem that people do not stand going to speak in a moment on a whole to be supportive of America with their back and say, what went wrong and series of issues. It makes a complicated tax dollars to have equal access and what could we have done differently to and troubling piece of legislation even participate in contracting with the make sure we are secure going forward, more difficult to weigh and balance as Federal Government with regard to without an independent review that to whether it is truly one that gets us homeland security issues. people can have confidence that all of to a more secure future for America. It is hard for me to understand why the facts are laid upon the table, in- All of us want to protect our freedoms this particular amendment was cluding, by the way, observing whether and protect the lives of citizens across dropped. There are a whole series of congressional oversight is operated this country, but one has to think these. There are special earmarks for a with its most effective provision. about it in the context of what is the given university. There are liability I find it difficult to understand why give and take and whether it actually protection issues that really get at tort we are investing so much with so great works. reform debates which we ought to have certainty about the direction we My first comment is not dissimilar to on the Senate floor—no question about should be taking with regard to home- what I heard from a number of Mem- that—with regard to airport screening, land security. bers who are supportive and not sup- negligent manufacturing of homeland As I said, this is going to be a tough portive of the direction we are taking. security devices. All of those issues weekend for me because I have trouble It is hard to conceive of how we can should be the subject of fair debates. with the conceptual issue of putting so put 170,000 or 175,000 people together So why are they added as a so-called many people together. Now that the who had trouble in the organization element of compromise, on the floor of senior Senator from West Virginia is that was in place before when it was the Senate, without a debate? It is un- present, we could argue that the Con- smaller and more manageable and clear to me, other than we are more institution he is carrying in his pocket come up with a sense of security that terested in rewarding special interests would also raise serious questions we are actually going to make things than the general interests, which is about some of the authorities there. better by pushing them together. what I think is the basic theme of both These special additions and drops at At least in my experience in my pri- the administration and certainly Sen- the end are particularly concerning to vate life, sometimes mergers do not al- ator LIEBERMAN’s initial proposal com- me. ways amount to what is intended, and ing out of the Governmental Affairs So for all of those reasons, this is value is not always created. It cer- Committee with regard to homeland going to be a very difficult weekend for tainly leads to a question of whether security. There is a need. We all em- weighing and balancing these various we have the flexibility and responsive- brace that concept and think we should elements because, like everyone else, ness in an organizational structure. move forward. and particularly for the people of New I am certainly troubled by the idea of For the life of me, I do not under- Jersey who lost 691 lives on September creating a larger organization made up stand why we are putting down new 11, there is an expectation that we have of parts that apparently have not been barriers to the Transportation Secu- a responsibility to protect our home- working so well historically. Clearly, rity Agency with respect to rules for land. It is obvious. It is self-evident. we need to take positive steps. It may rail transportation in this country—it But it is not obvious and self-evident very well be we are doing that with the is one of those areas of vulnerability that we are, in my view, improving proposal with regard to homeland secu- assessments that almost anyone would dramatically that effort. rity, but at least as one individual, I talk about—other than we are respon- I certainly believe there are risks in am troubled with the overall size of the sive to special interests and that it is the transition from where we are today operation and whether it will bring going to cost too much. to the full implementation of this about the responsiveness to the need, As I earlier entered into a colloquy measure and that we may very well be which I think all of us feel quite clear- with the senior Senator from West Vir- operating under the analogy that peo- ly needs to be addressed, of protecting ginia on the freedom of information ac- ple talk about of running a marathon the American people. tivities, I continue to be troubled as to while you are performing open heart I also am equally concerned about a why we are writing a blank check to surgery. Whether we are going to be number of these provisions that were cover up the kind of advisory meetings more secure while that process is going added in a closed manner. that could be held with private indus- on in the midst of a war is an open I have to second my colleague’s com- try, hand-picked advisers, with regard question. It has not been proven to me ments with regard to liability protec- to setting policy within an administra- that we are actually developing greater tion for pharmaceutical companies on tion. certainty.

VerDate 0ct 31 2002 23:52 Nov 16, 2002 Jkt 019060 PO 00000 Frm 00027 Fmt 4637 Sfmt 0634 E:\CR\FM\G15NO6.061 S15PT1 S11188 CONGRESSIONAL RECORD — SENATE November 15, 2002 Now, there is another issue which has our urban communities, not scattered found in western Pennsylvania was a not been discussed on which I have out into the hinterland but right fluke. They looked at 30 or more facili- worked very hard through most of this smack dab in the middle of where we ties in 3 other States and the findings year and feel deeply about because it have high concentrations of popu- were equally disturbing. deeply impacts my State. Actually, it lations. There are about 750 facilities I point out in metropolitan New York impacts almost every State in the in 39 States where chemical release the local television station has done Union. could expose more than 100,000 people similar sorts of walk-ons to chemical I see the ranking member from the to toxic chemicals. There are nearly plant facilities, including the one that Committee on Environment and Public 3,000 facilities spread across 49 States has the 7.5 million people exposure in Works, the Senator from New Hamp- where a chemical release could expose metropolitan New York. shire, who has heard much of this dis- more than 10,000 people to highly toxic This is troubling, to say the least. cussion in the committee, which I chemicals. There is a pattern. Perhaps that is why think is something that is missing I think the numbers speak for them- the chemical industry got low marks from this bill, and that is the need to selves, and they are staggering. There for post-September 11 terrorism re- protect Americans from attacks on our is a large exposure in a broad context sponse. Nation’s privately owned chemical fa- in our Nation. On September 10 of this year, the cilities. A single attack on a facility could Washington Post graded critical infra- I realize this is also one of those unleash highly toxic chemicals such as structure sectors, giving the chemical things that is futile in the context of chlorine, ammonia, and hydrogen fluo- industry a D. Newsweek, which is the cloture debate, but it is absolutely ride that cause widespread injuries and owned by the same people, did a simi- essential that America be aware of an death. Considering the literally thou- lar piece. They were even tougher. issue that needs to be focused on and sands of potentially deadly facilities Newsweek gave the chemical industry needs to be moved forward. I would be across the country, we cannot escape an F. I have seen this repeatedly in a remiss in not having brought this far- the conclusion that it represents a number of surveys of America’s infra- ther in the process, and hopefully this major vulnerability, a major homeland structure. discussion and the efforts that have security problem. While some companies may be doing gone on before will keep it in the de- It is not just my opinion. In fact, the everything they can, and I know there bate, in the committees, and in this Justice Department issued a report on are some that are working very hard, new Department which is most cer- this matter a year and a half before they are concerned about it for secu- tainly going to come to pass. September 11. I will read a brief ex- rity reasons and protecting their peo- I will discuss it in the context that cerpt from a summary of the report ple and maybe themselves. But the fact there are literally thousands of chem- issued April 18, 2000. is we need to do a lot more. We need to ical facilities in the United States We have concluded the risk of terrorists be a lot more certain the breadth of the where a chemical release could expose attempting in the foreseeable future causing industry is being attended to. tens of thousands of Americans to industrial, chemical release is both real and That is why in October 2001 I intro- highly toxic gases. That is why these credible . . . Increasingly, terrorists engi- duced the Chemical Security Act. That facilities are potentially so attractive neer their attacks to cause mass casualities is why I worked with Senators on both to the populace and/or more large-scale dam- sides of the aisle to move the bill to terrorists. As a matter of fact, if one age to property. Terrorists or other crimi- goes to a chemical facility in Israel, nals are likely to view the potential of chem- through the EPW Committee. This is they will see it protected by a security ical release from an industrial facility as a the hard part. Ultimately, the com- infrastructure that is not unlike what relatively attractive means of achieving mittee approved the legislation on a one would see at a nuclear powerplant these goals. vote of 19-to-0. Not a single Senator in the United States. That report was issued before Sep- voted no. I note Senator INHOFE did, in As I will relate, if someone visits tember 11. Its conclusions have been fairness, express concerns about the some of these facilities in the United echoed by several other Government bill at markup and I agreed to continue States, they will see an entirely dif- agencies and individuals since. to work with him on those issues after- ferent standard by which we are secur- For example, Governor Ridge said wards, particularly so we could poten- ing them. In fact, there are currently the following in recent testimony be- tially add it as an amendment to home- no Federal security standards for fore EPW: land security. chemical facilities—none—so that the The fact is, we have a very diversified In fact, as I suggested, I talked with private sector is left to do whatever it economy and our enemies look at some of other Members and we tried to keep desires or believes it can afford. It is a our economic assets as targets. And clearly, the concerns of the bill, deal with completely voluntary situation. the chemical facilities are one of them. We them, and while I will not go through Many facilities simply have not ful- know that there have been reports validated the post-markup negotiations, there filled their responsibilities, in my view. about security deficiencies at dozens and were substantial revisions so it could dozens of those. Many are certainly vulnerable to at- get added to the bill. Unfortunately, we tack. As the statistics and studies Let me talk about the reports Gov- have not been able to get to conclusion show, literally millions of Americans ernor Ridge may have been referring in that process even though it was a 19- are at risk. They are at risk in New to. Earlier this year, the Pittsburgh to-0 vote in committee for it. Some- Jersey. If one flies into Newark Airport Tribune-Review conducted a major in- times I wonder whether special inter- and looks at the chemical plant stor- vestigation of western Pennsylvania. ests sometimes trump the people’s in- age facilities, the refining facilities Here is what they found: terests. that are right in the path of the land- A Pittsburgh Tribune-Review investigation I will not be offering my amendment; ing strips, they will get a sense of the has shown that intruder has unfettered ac- it is not germane. But I think we need cess to 30 of the region’s deadliest stockpiles kind of exposure we have. of toxins and explosives, despite repeated to come back and go to work on this Also, if one looks at how easy it is to warnings from the Federal intelligence agen- issue as soon, as forcefully, as possible. access, which I will speak more clearly cies to safeguard large chemical tanks. It is absolutely relevant to homeland to in a minute, they get an even great- This Tribune-Review went on to say: security and protecting the American er sense of the insecurity with regard Security was so lax at the 30 sites that in people. I know that is the case in New to this area of our infrastructure. broad daylight a Trib reporter—wearing a Jersey. According to the EPA, there are 123 press pass and carrying a camera—could I will not go through it in detail, but facilities in 24 States where a chemical walk or drive right up to tanks, pipes and the first thing we have to do is be very release could expose more than 1 mil- control rooms considered key targets for ter- specific about identifying high priority lion people to highly toxic chemicals. rorists. chemical facilities. That can be done One of these plants in New Jersey has After this initial story, the Tribune- relatively straightforwardly. It will exposure to 71⁄2 million people inside Review expanded the scope of inves- take cooperation between EPA and the the metropolitan region of New York. tigation. They went to Houston, Balti- new Homeland Security Department. A lot of chemical plants are located in more, and Chicago to see if what they There is some debate about that. We

VerDate 0ct 31 2002 23:52 Nov 16, 2002 Jkt 019060 PO 00000 Frm 00028 Fmt 4637 Sfmt 0634 E:\CR\FM\G15NO6.064 S15PT1 November 15, 2002 CONGRESSIONAL RECORD — SENATE S11189 need a list. It does not have to be pub- The PRESIDING OFFICER. Without gress, are out of it. The President will lished on the front page of the New objection, it is so ordered. in due time submit his plan. In due York Times, but we need to understand Mr. REID. I ask unanimous consent time he will inform the Congress as to what the exposures are and get about that there be debate only on the mat- what he intends to do. He won’t have to protecting the American people. ter now before the Senate until 3:30 ask us if we approve of what he is going Second, we need to have audits of today. to do. We will have already said to him: what that process is so there is a re- The PRESIDING OFFICER. Without Here it is. You submit your plan. Ac- ality to what has been talked about. objection, it is so ordered. cording to the provisions of this bill, There is not a moral hazard saying we Mr. REID. I suggest the absence of a your plan will go into effect in due have done something and nothing real- quorum. time. And we will not have any more to ly has occurred. The PRESIDING OFFICER. The say about it. In a nutshell, that is what this is clerk will call the roll. He will simply drop the plan. It will about. It is a little more complicated The assistant legislative clerk pro- not fall like manna from heaven, be- than that in detail, but I suggest this is ceeded to call the roll. cause it won’t come from heaven. This something that really should be a pri- Mr. BYRD. Mr. President, I ask unan- is what we are authorizing the Presi- ority when we return. I hope we do not imous consent that the order for the dent to do when we adopt this bill that face the stonewalling that has come up quorum call be rescinded. is before the Senate. from some elements in the industry. The PRESIDING OFFICER (Mr. Here it is. Those who are watching The need to act is urgent. This is, by CORZINE). Without objection, it is so or- this floor through the electronic lenses the way, consistent with some of the dered. before us, here is the bill. It is made up things other people who have looked at Mr. BYRD. Mr. President, if the of 484 pages. These pages are not like homeland security on a broader basis Chair will bear with me momentarily. reading ‘‘Robinson Crusoe’’ or Milton’s have talked about. Mr. President, over recent weeks as ‘‘Paradise Lost.’’ They are very dif- I will quote from a recent op-ed piece the President crisscrossed the Nation ficult pages to understand. On only a by Warren Rudman and Gary Hart, who on campaign stops—campaign stop single page there may be many ref- have been following homeland security after campaign stop—he used a number erences to various and sundry laws as effectively as any two Americans of gimmicks, including this legislation, that are already on the statute books, studying this. They have an op-ed page to rally support for his chosen can- so that in order to understand what written in October of this year: didates. He painted this bill as a pan- may be on a single page, we have to go America’s corporate leaders must accept acea for the terrorist threats that back, look at the references, and go their new responsibilities to protect the pri- plague us and challenged this Congress back to those statutes that have been vately owned critical infrastructure and to pass this bill quickly. on the books—some of them—for many cease the behind-the-scenes lobbying against On each occasion, as I followed the years or decades. We have to go back measures requiring them to do so. If nec- newspaper accounts of the President’s and see what those laws contain before essary, the President must deliver this mes- we understand what is on a single writ- sage bluntly and directly. stops during the campaign, the Presi- dent left the impression among the ten page. It is not like reading a novel. Some of those things that were added public that this bill is urgently needed, In some senses, it is made to sound like in the middle of the night, the kind of and that it will make life safer for a fairy tale. But it is indeed not a fairy experience that I have experienced American families. But there was much tale. with regard to trying to deal with This is a bill that affects you—a bill he didn’t say. Here is what the people chemical plant security, is indicative that affects those two members of the can expect after the Congress approves that that process of resisting, pro- staff back here who are talking. This is this legislation to transfer 28 agencies tecting the American people, is not a bill that affects you. This is a bill and offices to a new Homeland Security fully embraced in the private sector. that will affect you, each of you—you, Department. I could not agree more. We need to you, you, you, each Senator. Each of Next February, the President will work together as a Congress, with the those persons out there who are watch- submit a plan—his plan—to the Con- administration, and deal with this ing this debate—it is really not a de- gress about how he intends to transfer issue. bate. There is only one Senator talking Homeland security in general, time is 28 agencies and offices into a massive here and one Senator listening and one of the essence, as someone said around new Department over the period of just Senator in the chair. So there are not here. It is not neutral. So I hope we can 12 months. We don’t know what is in too many Senators here. Hopefully, move very quickly on this. I am sorry the President’s plan today, and we will they are watching from their offices, as we have not been able to deal with this. not know what is in the President’s we all do. There are some good voluntary efforts plan when and if Congress passes this This is the bill. Let me say it again: with regard to chemical security. But I bill and it goes to the Chief Executive 484 pages of complicated material. don’t think we have gone far enough. for his signature. How long have we had it? A little Voluntary efforts alone are not going We will not know what is in the over 48 hours. It came to us early in to be sufficient. We need to work in President’s plan. After we have passed the morning on the day before yester- Congress to make it happen. this bill and it becomes law, the Presi- day. Today is Friday—early in the Finally, I am proud to be an author, dent will then inform the Congress morning of Wednesday. There it is. a promoter, a sponsor of this legisla- about how he intends to reorganize, There is the whole thing—the whole tion with regard to chemical plants. I consolidate, and streamline these 28 thing. I don’t know what is in it. I am also proud to be a cosponsor of the agencies as they are moved into the know about some of the things that are Daschle amendment that will deal with new Department. He will not seek ap- in it. But no Senator in here knows ev- some of these other special interests. I proval of the Congress—the elected rep- erything that is in this bill. I daresay think the two relate in the sense that resentatives of the people. He will not that. I would be happy for any Senator we are not all on the same page push- seek our approval. He will not need to to stand on his feet and challenge me ing forward to protect the American because—according to the provisions of on that and say: Hold up here a minute; people on homeland security. We need this bill on which we are being hurried I know everything that is in it. to get there. With both the private sec- and stampeded to act, according to the We are authorizing the President to tor and the public sector. provisions of this bill—he will simply submit this plan. He can do it without I suggest the absence of a quorum. drop the plan in the laps of the com- our subsequent approval. This legisla- The PRESIDING OFFICER. The mittees so they can be informed about tion authorizes the President to reor- clerk will call the roll. what he intends to do. He will not be ganize, consolidate, or streamline The assistant legislative clerk pro- asking for their approval. We will have these 28 agencies and offices any way ceeded to call the roll. already given our approval when we he chooses—any way he, that one man, Mr. REID. Mr. President, I ask unan- pass this bill. the President of the United States—as imous consent that the order for the I hope Senators understand that. these various agencies are moved into quorum call be rescinded. When we pass this bill, we, the Con- the new Department.

VerDate 0ct 31 2002 23:52 Nov 16, 2002 Jkt 019060 PO 00000 Frm 00029 Fmt 4637 Sfmt 0634 E:\CR\FM\G15NO6.066 S15PT1 S11190 CONGRESSIONAL RECORD — SENATE November 15, 2002 All this legislation asks of the Presi- generous to come up here and tell us the light of day in a committee meet- dent of the United States is that he let what he plans to do—a few months ing. There is no analysis of this bill us know what he has decided. That is after we receive his proposal, we will that I know of from any departments not asking a lot from the Chief Execu- begin reading articles in newspapers here. There have been no witnesses ap- tive of this country. That is all he and magazines. I am going to come pearing before Senate committees sup- needs to be concerned about. All he back to the floor—the Lord willing, if porting this bill. Nobody had any com- needs to be concerned about is to ex- He lets me live—I am going to come mittee markup that I know about. This plain what he plans to do. Too late. I back on the floor and remind my col- bill just suddenly emerged out of the am sorry to say to any of you Senators leagues; I am going to remind all these darkness on the morning of Wednesday, that you can’t do anything about this. staff people around here: This is what I the evening of Tuesday night. There it You have already given him the ap- told you. I told you. was. proval. When you vote aye on this 484- After we start reading all these arti- But that bill—that bill—will allow page bill, you will have given the Presi- cles in newspapers and magazines the new Secretary to exempt such advi- dent the approval that he needs. You about special advisory committees— sory committees from the public dis- can be sorry for what you have done. this is exactly what that Senator who closure laws that are on the books now You can crab about it and be cranky is sitting in the Chair right now, the that enable the press—the fourth es- and wish you had not done it. But it is Senator from New Jersey, Mr. CORZINE, tate—and the American public to find too late now. talked about this morning. He told us out what these advisory committees You remember that old song: ‘‘It is about it. He told us about these special are doing. too late now.’’ Well, it will be too late advisory committees. And they will This bill will allow the Secretary to for any of us—too late. have been established, by the new drop a veil, to bring the curtain of se- We can weep and gnash our teeth—if Homeland Security Secretary, to make crecy down, to drop a veil of secrecy we have any teeth left. And I happen to recommendations about certain home- over these advisory committees and have my full set after 85 years. I have land security-related issues. hide their work from the press—from a full—I can’t say quite a full set. But Now, look at that. I hope Senators the all-seeing eyes of the press—and I have lost about I think four teeth in will go back and read today’s RECORD from the public. my lifetime of 85 years. These are real or that of the first of the week about Do you want to vote for that? Is that what you Senators want to vote for? Is teeth. I can’t take them out at night what Senator CORZINE had to say about and scrub them, wash them, and put this, yes, about certain homeland secu- that what your constituents want you to vote for, Senators? I hope, if you are them in a big glass of water. I can’t do rity-related issues. that. They are real. They are real Possibly, we will hear about an advi- not hearing me now, that your staffs teeth. And they can bite, thank God. sory committee being established— are listening. I hope, if you don’t hear me, that somebody will show it to you We didn’t have all of this fancy medi- maybe we will see it in the Federal in the RECORD on Monday morning cine and all of these fancy health pro- Registry, that an advisory committee what Senator CORZINE, the distin- grams that the young people and chil- has been established—to make rec- guished able Senator from New Jersey, dren have today, with which mothers ommendations about how the new Di- who presides over this Senate at this and fathers are blessed. We didn’t have rectorate of Information Analysis can moment, I hope they will read what he anything like that in those days. look at our e-mail accounts. This will said and what I am saying here about So all I have is what the good Lord not be a laughing matter. I will tell gave me through my mother’s and fa- these advisory committees and about you, this will not be a laughing matter. what we are about to let happen. And ther’s genes. Well, that is all I have. Now, let me say that again. Possibly, So here we are. I can gnash my teeth. here is the bill that will allow it to we will hear about an advisory com- They are real teeth. I can gnash those happen. mittee that has been established to teeth. I seldom show them around here, I hope you Senators who vote on this make recommendations about how the but they are there. I can gnash my matter—probably one day next week— new Directorate of Information Anal- teeth, and complain all I want, and say will have to answer to your constitu- ysis can look at our e-mail accounts, I wish I had known—I wish I had ents for that. I have been in this Con- can look at our banking transactions, known. Well, it is too late now. That gress 50 years, and I have cast many can look at our telephone conversa- will be the way it is. votes. I have cast more votes, than any He can move these agencies any way tions, or can even look at our credit Senator who ever lived, in the Senate he chooses. All this legislation asks the card transactions. of this Republic. And I just have to President to do is: You please just tell I don’t have any credit cards. Let say, I have cast some votes that were us what your plan is. Will you do that? them look at mine. They can’t look at critical votes, but I think that what we Please, just tell us what your plan is. my credit card transactions. I grew up are doing in this bill, more than any- There are 1.8 million people in West the old-fashioned way. I pay for it as I thing else I have voted on in my 50 Virginia whom I represent, and who are get it. No credit card for ROBERT C. years in Congress, is shifting power to represented by my colleague, Senator BYRD, or the Mrs. But to those who an administration, shifting power to a ROCKEFELLER. have credit cards, he can look at your President. My people, my 1.8 million, would love credit card transactions to trace every- I would say this: God, so help me— to know what those plans are. But thing you purchase from butter to bul- and God could drop me in my tracks bless his name, the President does not lets. Welcome, Big Brother. How do right here in this moment if I were not have to tell us today. And we don’t ask you like that? saying what I believe—I would say the him. But we will get on our knees and The American people will want to same thing about this bill if it were a fold our hands and say: Mr. President, know, and will deserve to know, what Democratic President in the White will you just please tell us, when you recommendations are being made to House. are ready, what you plan to do? You the Homeland Security Secretary. The I have no ax to grind. I am not on the can do it now. Here is the bill. We are press will try to provide the public payroll of any pharmaceutical com- passing it today, but just please tell us with answers. But under this bill, you pany or any other company in this what you are going to do. can be sure that the press will not be country. I am on the people’s payroll All this legislation asks is that the allowed to access the minutes of those right here in this Senate. That is it. So President let us know what he—he, the committee meetings. That is what we I have no ax to grind. I am just saying President of the United States. He will are making possible by the passage of that if it were a Democratic President be with us 2 more years, maybe 6. Who this legislation. We are making it pos- in the White House, I would be stand- knows. But anyhow, this man down sible for the American public not to ing here today saying the very same here in the White House, one man out know what these special committees thing. It isn’t because the current of 280 million, he will tell us what he are considering. And the public will not President of the United States is a Re- plans to do. be able to find out because this bill— publican. That is not it. But there is A few months after we receive the this bill—here it is; 484 pages, new, something about this Republican ad- President’s proposal—after he is so never been in a committee, never seen ministration that is far different from

VerDate 0ct 31 2002 23:52 Nov 16, 2002 Jkt 019060 PO 00000 Frm 00030 Fmt 4637 Sfmt 0634 E:\CR\FM\G15NO6.069 S15PT1 November 15, 2002 CONGRESSIONAL RECORD — SENATE S11191 what I have seen in former Republican Privatization has nothing whatsoever know a little something. I have learned administrations. And I served under to do with improving security. Look at a little something about the rules of Republican administrations, beginning the private security firms that were in the Senate, and so forth. with the Eisenhower administration. charge at some of our Nation’s largest But here we are, one amendment. This is a different kind of adminis- airports on September 11. Remember That is all. tration. This is a bill that I will vote reading about these in the newspaper? We are not going to be allowed to against regardless of who might be in Go back and look at some of those old have any other votes on amendments, the office of the President. This bill newspapers. Is more of that what this except that one. ‘‘You have 30 hours,’’ will allow the Secretary to drop a veil administration really wants? I ask, is I was told by Senators down in the well of secrecy over these advisory commit- more of that what this administration there. ‘‘Well, you have 30 hours; you tees and hide their works from the really wants? have the weekend, and your staff has press and the public. The Wall Street Journal editorialized the weekend. You have 30 hours.’’ So what we are doing when we vote today about the fallacy of pushing this I have several amendments I would next week on this bill, if we vote next bill through at such a late date. like to offer, but I cannot do it. The week, what we are doing is putting our Now, imagine that. The Wall Street tree is filled. Remember the tree at the hands over our eyes, and we are saying Journal. Hear me now. Paul Revere Garden of Eden? It is the first thing the public has no right to know. We are awakened Concord. I would like to be you read about in the Bible. The great- taking away the public’s right to able to awaken this Senate and the est scientific treatise ever written is know. other body. Do you suppose I could do that first chapter of Genesis. That will That is what we are about to do to that? Paul Revere did that. He was able tell you more about science than many you out there in the land, across the to awaken Concord. Get out of your scientists today can tell you. It tells land, across the plateaus, the Plains, beds; the redcoats are coming. you the order of things in which they the mountains, the valleys. That is Let me say that again. The Wall were created. The scientists of today what we are saying to you. You may Street Journal editorialized today will tell you that is the correct chrono- not catch us at it, but that is what we about the fallacy of pushing this bill logical order. Go back and read that are doing to you. That is exactly what through at such a late date. first chapter of Genesis and you will we are doing to your right to know. How many of our Senators today read the chronological order of cre- Later in the year, the people may voted for cloture? If Senators had read ation, and that was written thousands begin to read in the newspapers about the Wall Street Journal, the editorial of years ago. What a piece of science start-up problems in this vast new De- today about the fallacy of pushing this that is. partment. The papers will possibly re- bill through at such a late date, would I have three grandsons, two of whom port about a failure by the new Immi- the Senators who voted yes—and I im- are physicists. I have a son-in-law who gration Service to deny entry to a plored and I importuned and I urged, is a physicist. I have a grandson who known terrorist because the relevant which I seldom do, I urged Senators married a physicist. So we have lots of immigration officials were too pre- right there in front of that desk, that physicists, lots of scientists in my fam- occupied with moving their offices, re- table in the well of the Senate. There ily. But before all those scientists connecting their computers, re- were several Senators I urged: Please came into being, the greatest scientific installing their phones, or even chang- don’t vote for cloture today. You can treatise ever written had been written ing the heading on their stationery to vote for it next week perhaps, but don’t right there in the Book of Genesis. We handle their primary responsibility; vote today. Let’s take a little more have no reason to stay dumb about how namely, protecting our borders. time and study this bill. creation went forward. It is right This would bring about a clamoring The answer I got: Well, you have the there. of public disgust as agency officials are weekend. You have 30 hours. You have Anyhow, there it is for us. So here found to be too busy organizing their 30 hours; isn’t that enough? the Wall Street Journal editorialized offices to properly handle their duties. Do we have? No. We have already today about the fallacy of pushing this Editorials will appear around the coun- been told by the minority: You won’t bill through at such a late date. Here try remarking about the failures of the be able to offer any more amendments. were these great Senators who stood up new Department, and the public very The only amendment that is going to there in my face and two or three of well may have reason to lose trust in be offered is the amendment that has them told me, ‘‘Well, you have this that Department. been offered by the majority leader, weekend, you have 30 hours,’’ as These kinds of high-profile debacles Mr. DASCHLE, that amendment on be- though I didn’t know that. How many could carry over to the Transportation half of Senator LIEBERMAN, and I added Senators would like to tell me that? Security Administration, the Customs my name to it afterwards, when I saw One or two of them did. I did say to one Service, FEMA, the Coast Guard, or what was going on. So there it is, the that this is not a new kid on the block. any of the 28 agencies and offices and Daschle-Lieberman-Byrd amendment. I know about that 30 hours. 170,000 employees being transferred to But we are told by the current mi- Now look at what we have. I cannot the new Department. Senators may nority—soon to be the majority—that offer an amendment, even though we well read a few months from now about you can’t offer any more amendments. have 30 hours. The tree is filled. But it Federal workforces in their home That is the only amendment we are is not that tree in the Garden of Eden. States and the jobs of Federal employ- going to let you offer. That is the tree of knowledge and we ees being privatized under the labor So how about that cloture now? I was all can continue to learn. But I cannot rules included in this bill. told by some of my colleagues on this offer an amendment. Our Republican Don’t say that you were not warned, side of the aisle: Well, you have the friends would say you can go this far I say to my colleagues. Don’t say that whole weekend. You can study. but no farther. You have an amend- you were not warned. Who saw this thing coming? Who saw ment pending, but that’s all. That is The Washington Post reported today the situation coming in which we the only amendment you are going to that the administration plans to open would offer one amendment and we are have to vote on before that 30 hours is as many as 850,000 Federal jobs to pri- told by our Republican friends, that is up. vate contractors. Have you read it? If it, no more; that is the only amend- How do you like being given that you haven’t, go to today’s Washington ment that will be offered? kind of medicine? That is what we have Post. Look for that story. It is there. So what about it now, my colleagues to deal with here. Here is what the Read it with your own eyes, and you who reminded me that we have this Wall Street Journal said. Get this: will believe it. What a nice plum that weekend? Even under cloture, we have There’s little or nothing that this rump is for the big business friends of the ad- this weekend. session can accomplish that couldn’t be done ministration. How about that? What a I said to one of the Senators who said better starting anew in January. shortsighted, ill-conceived political that to me: I wasn’t born yesterday. I That reminds me of the distinguished gimmick it is. What a hoax it is to play am not a new kid on the street here. I Senator from Texas. I love him in on the taxpayers. have been in this Congress 50 years. I many ways, and I agree with him on

VerDate 0ct 31 2002 23:52 Nov 16, 2002 Jkt 019060 PO 00000 Frm 00031 Fmt 4637 Sfmt 0634 E:\CR\FM\G15NO6.071 S15PT1 S11192 CONGRESSIONAL RECORD — SENATE November 15, 2002 occasion. He stood right here today and shire would not be here. The Senator out congressional approval. It includes said, ‘‘This bill is the best you will get. who is the minority leader from Mis- only token concessions to those who How many in here are willing to be- sissippi would not be here. The Senator have substantive, genuine reservations lieve that by putting this over another who is the majority leader, the Senator about this bill with regard to the civil 3 months they can get a better bill?’’ I from South Dakota, would not be here. service and collective bargaining said, ‘‘I do.’’ But that was his position, All of these pages, they would not be issues. How can we pretend that this that this is the best bill you are likely here. No, this would not be the Senate. amendment is a serious attempt at a to get. Do I think we will get a better But it is that Constitution—here it is; compromise when it is only an agree- bill after 3 months in a new Congress? I hold it in my hand. Senators should, ment between the President and the Yes, I do. But that was his question. above all people, become more ac- few supporters of the President’s bill? I don’t need to answer that. Let the quainted with this Constitution. Oh, there are compromises in this. Wall Street Journal answer that ques- Some Senators may find comfort in Yes, there are compromises in this tion. Do you think you can get a better the fact that this bill has been touted amendment. It compromises the rights bill if you wait 3 months? That is the as a compromise. I don’t know who this of Federal workers. It compromises the question. bill was a compromise between, other civil liberties of the American people The first question that was ever than the White House and the congres- out there. It compromises your dad- asked was asked by God as He went sional Republicans, who already sup- dies’ and mothers’ civil liberties, the into the Garden of Eden and started ported some version of the President’s parents of these nice pages we have looking for Adam—Adam and Eve in original plan. here. that garden. God was walking in the Call me old-fashioned. Yes, there he They are just the most wonderful cool of the day and he was looking for is, there is that old-fashioned guy. I am people. They come here seeking to un- Adam in that paradise setting. How married to an old-fashioned sweet- derstand the legislative process. What lovely that must have been. Here is old heart. Thank God for her. She has been are they getting? They are not getting Adam over here somewhere under a my sweetheart now for 65 years and the legislative process in this mon- tree, or back in the bushes, with some going on quickly to the 66th. Thank strosity. They are not getting the leg- figleaves hiding from God. God said: God for that kind of an old-fashioned islative process. These—I said kids; ‘‘Adam, where art thou?’’ That was the sweetheart. I hope she thinks the same these are young people. They are all first question ever asked. thing about her old-fashioned hus- juniors in high school. They are at that The people are going to say to us: band—ha, ha, ha, that old-fashioned tender age where they learn quickly. Senator, where were you? Those Sen- guy. That is the man. He has been They have come here wanting to learn ators who voted for cloture, God love around 85 years—an old-fashioned guy. the legislative process. They are being them—and I love them and I respect I remember a time, Mr. President, cheated. I say to you young fine pages their viewpoints. They have a right to when compromises were crafted by in- here, I love you. cast the votes they want to cast them. dividuals who had differing views on an From time to time, I meet out in the I don’t like to tell them how to vote. issue. This kind of compromise, this 484 corridor with the pages, Republicans But let my constituents say: Robert, pages—let me make sure I am right. and Democrats. I tell them good sto- where were you? Where were you when Yes, it is 484 difficult, complicated, ries, I mean wholesome stories. That is you cast that vote? hard-to-read, harder-to-understand right. They are wholesome stories. I So here is what the Wall Street Jour- pages. There it is. This kind of com- tell them stories in which there is a nal would say: promise is like legislative shadow box- moral lesson. I tell them the story of There’s little or nothing that this rump ing. the house with the golden windows. I session can accomplish that couldn’t be done Have you ever tried boxing? I tried it, tell them the story written by that better starting anew in January. and I got knocked on my anterior. great Russian, Tolstoy, ‘‘How Much Hallelujah. Thank God for the Wall That was the end of my boxing. I found Land Does A Man Need?’’ I tell them Street Journal. They answer the ques- I was not so good at boxing. This kind the story about ‘‘Acres of Diamonds’’ tion well—better than I. of compromise here is like some kind that was told, I understand, 5,000 times There’s little or nothing that this rump of shadow boxing. It would be laugh- by that great Chautauqua speaker, session can accomplish that couldn’t be done able if it were not so serious. This kind Russell Conwell. better starting anew in January. That in- of compromise is like legislative shad- I tell these pages good stories, whole- cludes President Bush’s priority of a new De- partment of Homeland Security . . . the pro- ow boxing—punching and jabbing and some stories. I talk about the Bible. I posal is mostly about rearranging the bu- sparring with absent opponents. The talk about Milton. I talk about the reaucratic furniture . . . And as with any opponents are not there. Constitution. I talk about history. I bill whipped through this quickly, we can ex- This ephemeral compromise makes talk about Nathan Hale to these young pect to learn later about many bad ideas no concessions with regard to the people here. Bless their hearts. I al- that deserved more scrutiny. President’s efforts to exempt this new ways am inspired when I talk to these Mr. President, at a later moment, I Department from public disclosure law, young people. These are the cream of will ask unanimous consent that the such as the Federal Advisory Com- the crop. Mind you, there are millions entire editorial be printed in the mittee Act. You will not find that across this country just like these. But RECORD but not at this point. I suspect spelled out, but you will find reference they are being fooled. We are fooling it won’t be long before we begin to hear is made to it. You have to go beyond these young people. about the bad ideas that deserved more the plain print in section 871. You have They come here to learn the legisla- scrutiny. to go beyond the plain print. It is ref- tive process. What do they get from Some Senators may find comfort in erenced there, but you have to go back this bill? This is not the legislative the fact that this bill has been touted to the statute books to see what they process. They do not learn in this as a compromise. It won’t compare are talking about. amendment. They will go back one day with the great compromise of July 16, This ephemeral compromise makes and they will say: I heard Senator 1787, which created this Senate. If it no concessions with regard to the BYRD say that was not how our laws had not been for that compromise, you President’s efforts to exempt the new are made. No. We short circuited that would not be here today, Mr. President. Department from public disclosure process on this amendment, this 484- You would not be presiding over a Sen- laws, such as the Federal Advisory page bill. Here it is, 484 pages. What is ate of equals, regardless of the size of Committee Act. It includes no conces- in it? Don’t ask me. I know a few your State, or the size of its popu- sions with regard to the President’s re- things that are in it, and I have heard lation; you would not be in a Senate in organizing the 28 agencies and offices other Senators talk about a few things which two Senators from the smallest being transferred to this new Depart- that were left out of it in the darkness State would have the same strength, as ment without congressional approval. of the night. to their vote, as two Senators from the I have never seen anything like it. In We talk about compromise. This 484- largest State in the Union. I would not 50 years in Congress, I have never seen page monstrosity compromises the be here. The Senator from New Hamp- anything like it—never. All this with- civil liberties of the American public.

VerDate 0ct 31 2002 23:52 Nov 16, 2002 Jkt 019060 PO 00000 Frm 00032 Fmt 4637 Sfmt 0634 E:\CR\FM\G15NO6.074 S15PT1 November 15, 2002 CONGRESSIONAL RECORD — SENATE S11193 It compromises the constitutional doc- of the Capitol. Yes, explain your vote, Those recommendations would come trines of the separation of powers and explain your vote to your constituents. back to the Congress and would go to checks and balances that we find in the You, back there in the other—we are the appropriate committees having ju- Constitution, which I hold in my hand. not supposed to refer to the other body risdiction—in this case it would be Mr. This bill compromises the notion in our speeches, but the other body LIEBERMAN’s committee and his com- that the Senate should debate and passed this bill in a hurry. mittee’s counterpart in the House of amend legislation and act as the great- Those in the other body who voted Representatives—and expedited proce- est deliberative body in the world be- for this, go back and look at what you dures would require that committee to fore passing massive—massive—reorga- voted for. act to bring out a bill implementing nizations of the Federal Government. How much time do I have remaining, those recommendations, or amending Mr. President, we have allowed our- Mr. President? them or changing them. Then the Sen- selves to be stampeded, and I could be The PRESIDING OFFICER. The Sen- ate, under expedited procedures, would as King Canute. A lot of King Canute’s ator has 5 minutes remaining. proceed to call up that bill and pass it. Mr. SARBANES. Will the Senator followers thought he could do any- That would be done three times. thing. He thought he would disabuse yield to me on my time for a few ques- So the amendment which the distin- his followers of that fallacy, that belief tions? guished Senator from Maryland refers Mr. BYRD. Yes, I will be glad to that King Canute could do anything. to would provide for a phased-in ap- yield. So he went down to the sands of the Mr. SARBANES. May I have this proach over the same period of time oceanside, and he commanded the counted against my time under clo- that is going to be utilized by the waves to be still. The waves were not ture? President and the Secretary under this still. They did not go still, so the peo- The PRESIDING OFFICER. Without bill—namely, 12 months—and over that ple finally understood that King objection, it is so ordered. same period of time a phased-in ap- Canute could speak to the ocean and it Mr. SARBANES. I ask the distin- proach with Congress still in the mix. would not necessarily heed him. guished Senator from West Virginia: In Congress would still have a say at each I say that to say this, Mr. President: July, the Brookings Institution issued of these three junctures. I might as well speak to the ocean. I a report concerning this reorganiza- Mr. SARBANES. It seems to me that might as well be like King Canute as to tion, and they said the following, and I this is a far more sensible way to pro- speak to some of my colleagues here. am quoting from them now: ceed. First, I think it maintains a bet- My speech would fall upon deaf ears, Any fundamental reorganization rep- ter balance with respect to the roles of and they would say: There he goes resents a huge managerial undertaking, one the executive and the legislative again, that old-fashioned guy who be- that becomes ever more daunting as the branches of our Government. I think lieves that we ought to take the time; number of agencies to be included increases. the Senator has been absolutely right there he goes again. The danger is that top managers will be pre- to underscore the fact that what is at We have allowed ourselves to be occupied for months, if not years, with get- stake here is a tremendous grant of au- stampeded into passing this bill. Afraid ting the reorganization right, thus giving insufficient attention to their real job, taking thority to the executive branch. to be on the wrong side of this issue, we concrete action to counter the terrorist Mr. BYRD. Tremendous. hear cries from both sides of the aisle threat at home. Mr. SARBANES. It is sweeping in its that we must support our President. This Brookings report advocated dimension. We hear cries of, ‘‘My President,’’ ‘‘My some consolidation of agencies, but it Mr. BYRD. Sweeping. Mr. SARBANES. Secondly, I think party,’’ ‘‘My Commander in Chief.’’ proposed a much smaller, more stream- that review process is more likely, far When will we hear, Mr. President, ‘‘My lined consolidation, and the report more likely, to produce beneficial re- country’’? When will we hear, ‘‘My went on to say: ‘‘Reorganization is not sults, because as the Senator said ear- country’’? a panacea. In fact, there is a risk that Senators are obviously upset about reorganization could interfere with, lier today, the more scrutiny and dis- the miscellaneous provisions that were rather than enhance, homeland secu- cussion you have, the higher the likeli- included in this bill at the last minute. rity tasks.’’ Certainly, changes should hood—not a guarantee, but the higher The Washington Post this morning be made only when there is a compel- the likelihood—that you will have a outlined a number of these provisions ling case that consolidation offers better result. ranging from language that would help clear benefits. As I have listened to the Senator the FBI obtain customer information I supported a proposal—and this over these weeks of the debate, I have from Internet service providers to lan- leads up to my question—that the Sen- increasingly come to have very deep guage incorporated in the bill by the ator from West Virginia offered earlier concerns about what we are doing with House Republican leadership that gives in the consideration of this issue, this legislation. I feel for the Senator Texas A&M—I do not believe it men- which would have undertaken to do a when he says people are not—even now, tioned Texas A&M—that gives Texas reorganization, but would have phased as we near the last hour, focusing fully A&M the inside track in hosting the it and would have brought it back at on the implications and the con- first university center on homeland se- periodic times for further scrutiny, ex- sequences of what we are discussing. curity to be established within 1 year. amination, and implementation by the Back in September, the Baltimore It will not say that in the bill. Sen- Congress. Was that the approach which Sun published an editorial, and I want ators will not find that in the bill. the Senator had taken? to read a couple of paragraphs from it. But the language in the bill is so tar- Mr. BYRD. Yes, it was. Mr. Presi- This is from September 23 of this year: geted only that one—at least that one dent, if I may respond to the distin- Months of debate have made clear that this institution would be most favored over guished Senator. The amendment I of- bureaucratic boondoggle offers no promise of others. fered to the legislation that was being making the homeland more secure. Worse, it takes the focus off the need for tighter over- Probably the most egregious provi- proposed by Mr. LIEBERMAN in his com- sight of the Nation’s security systems. Presi- sion inserted is a White House-backed mittee, the language I offered with sev- dent Bush offered the most sweeping govern- provision designed to head off dozens of eral cosponsors and supporters, such as ment reorganization in a half a century, potential lawsuits against Eli Lilly and the distinguished Senator from Mary- largely as a political and public relations Company and other pharmaceutical gi- land, Mr. SARBANES, would have pro- tactic. He was trying to counter Senate ants that are being sued by parents vided for the recommendations of the Democrats who were advancing similar legis- who have linked their children’s au- administration to come back to the lation of their own. He timed the unveiling tism to those companies’ childhood Congress periodically—every 4 months, of his plan to drown out the testimony of vaccines. for the next 12 months—which rec- FBI Agent Coleen Rowley, who was blowing How about that? I ask the distin- ommendations would have to do with the whistle on the security failures of her hidebound agency that blinded it to the clues guished Members of the other body. the phasing in of the various and sun- of the September 11 attacks. Shifting 22 Fed- How do they feel about having passed dry agencies, a few at a time, three eral agencies and 170,000 workers into a new this bill with that kind of language in times, every 120 days. Some of the department will cost billions but will do it? Hear me over there at the other end agencies would be phased in. nothing to solve the problems agent Rowley

VerDate 0ct 31 2002 23:52 Nov 16, 2002 Jkt 019060 PO 00000 Frm 00033 Fmt 4637 Sfmt 0634 E:\CR\FM\G15NO6.077 S15PT1 S11194 CONGRESSIONAL RECORD — SENATE November 15, 2002 addressed. What is needed is greater sharing, BANES was one who was always there. who are serving our country. They coordination and synthesis of the security He was never out of the room. Not be- have been involved in protecting home- information collected by the myriad agen- cause he was the ‘‘yes’’ American. He land security. They are loyal and com- cies. But this new department will not even wasn’t, by any means. But I knew I mitted workers. We want them to go include the FBI and the CIA which are the on providing our high level of service, two premier intelligence gatherers. Nor is would get the real stuff from PAUL there any guarantee that greater sharing SARBANES. yet this legislation does not protect would take place between them if they were Here is a man who is head and shoul- longstanding rights to bargain collec- together. ders above some Senators with whom I tively about issues of importance, nor I think this is right on point and par- have served, and I have served with a does it retain important civil service allels much of what the Senator, as I great many Senators. This man is a protections which have been worked understand it, has been arguing. true thinker. We have seen the picture out over a very long period of time. Mr. BYRD. Mr. President, before I re- of The Thinker. This is the thinker, The Federal employees in this new Department, all of whom are already spond to the distinguished Senator PAUL SARBANES. working to protect our national secu- from Maryland, I understand that the A little while ago he said something rity, ought to have the same rights and able Senator from Hawaii, Mr. AKAKA, which brought to my mind the words of protections they heretofore have had. has a unanimous consent request he William Wordsworth who said: No matter how high you may be in your de- Taking these rights away, cutting would like to make. Will the Senator them down, will undercut the morale of partment, you are still responsible for from Maryland yield for that request these employees. We will get lesser per- the actions of the lowliest clerk in since this is on his time? formance, although I think these are your department. Mr. SARBANES. Certainly. very dedicated people. In contrast, if Mr. AKAKA. I thank the Senator I forget now what the Senator said, we protect our workforce, our work- from West Virginia and the Senator but it brought that thought to mind. force will protect us. from Maryland for yielding to me. We are talking about 28 agencies. Who Let me turn it around the other way. Mr. President, I ask unanimous con- is going to be responsible for the Our federal employees have been pro- sent that my hour under cloture be lowliest clerk’s actions in this con- tecting us. Why should we withdraw yielded to Senator BYRD. glomeration, the epitome of chaos that from them important employee protec- The PRESIDING OFFICER. Without will occur? tions? Many of these protections came objection, it is so ordered. I thank the distinguished Senator into being in order to protect whistle- Mr. BYRD. Mr. President, I thank from Maryland. Please, if he has some- blowers who are trying to do a better the distinguished Senator from Hawaii, thing further I will sit down at any mo- job, to eliminate cronyism or favor- Mr. AKAKA, who is about to take the ment. If he has anything further of me, itism or unfair labor practices. Some chair. He wanted to make the request I will be glad to respond. say that membership in unions by em- before he took the chair. (Mr. AKAKA assumed the Chair.) ployees in the Homeland Department Mr. REID. Mr. President, I ask unan- Mr. SARBANES. First, Mr. Presi- will impede efforts to protect our na- imous consent that the order now in ef- dent, I appreciate the generous and tional security. I find this difficult to fect, that there be debate only until gracious remarks of the distinguished understand. There are currently 200,000 3:30, be extended until 5 o’clock today. Senator from West Virginia. I must say union employees—employees who have The PRESIDING OFFICER. Without that with all of my schooling he men- a union affiliation—at the Department objection, it is so ordered. tioned, I have learned more from him of Defense. Many of those employees Mr. BYRD. On the time of the distin- than at any other point along the way. have high-level security clearances. guished Senator, let me be just a little I am extremely appreciative to him for This never seemed to impair our na- bit loquacious in my response. I have that. tional security during the cold war. served in this Senate for 44 years and I did want to cite this quote that the Many of the first responders on Sep- in the Congress for 50 years. In my Senator has used in the course of this tember 11 were union members. Their time in the Senate and in the House, debate, which is so appropriate to our membership in unions in no way hin- the Senator from Maryland—I don’t situation, from the Roman poet and dered their remarkable displays of have to say this; I don’t owe the distin- the adviser to Nero, Gaius Petronious bravery. They were thinking only of guished Senator from Maryland the Arbiter. It is another instant in which their duty to their country. tribute I am about to say, except it is the Senator has enlightened this insti- Many agencies that already protect honest and he is entitled to it. tution through his use of Roman his- homeland security have union mem- We often pass around our warm words tory. The quote could not be more on bers amongst their ranks: The Border of praise because we are Senators and point. It is written as though it were Patrol, the Customs Service, the Fed- this is a happy family here. I admire written for the current situation. It is eral Emergency Management Agency, this son of ancient Greece. He is a son as follows: to name just a few. These employees of Athens. He is American. He grew up We trained hard, but it seemed that every are already doing their job well. Are in this country. His parents came to time we were beginning to form into teams, they to be rewarded by stripping them this country. He knows what being an we would be reorganized. of these union protections, of these immigrants means. He is a Rhodes I was to learn later in life that we tend to civil service rights? scholar. I can’t say that about ROBERT meet any new situation by reorganizing, and We have spent a long part of our his- BYRD. But this man from Maryland is a the wonderful method it can be for creating tory working out these employee Rhodes scholar. He is a true son of Ath- the illusion of progress while producing con- rights, and they are important to the fusion, inefficiency, and demoralization. ens, a son of the people whom Socrates, success of the Government and to the Sophocles, and Plato were a part. He is We could not have a more appro- attraction and retention of the best one of the most thoughtful Senators I priate quote to the situation that we possible Federal employees. We ought have ever seen. are confronting today. not to be diminishing these rights and When I was majority leader and when If the Senator would indulge me for protections, as this legislation does. I was minority leader—thank Heavens, just a couple of minutes, I tie in with I think that stripping the employees thank Heavens that experience is in the demoralization, confusion, and in- of these protections will harm national the background now; it is long past— efficiency what this legislation is doing security rather than help it. That is a but when I was the leader duly elected to loyal, dedicated, hard-working, com- subissue within the larger issue on by my colleagues, I always had meet- mitted Federal employees. I am very which the Senator from West Virginia ings in which I tried to get from the frank to say taking from our employ- has been focusing, about the disloca- most brilliant, most thoughtful Sen- ees rights that they now have, which tion that is going to be created by this ators on my side of the aisle, their this legislation will do on the grounds sweeping proposal, the one that brings thoughts, their opinion, their advice as of flexibility to enhance homeland se- us back, of course, to this wonderful to this or that issue, whatever issue curity, will do just the contrary. It will quote from Gaius Petronius Arbiter. might be before the Senate or about to deal a blow to homeland security. We I urge my colleagues to reexamine come before the Senate. PAUL SAR- are talking about dedicated employees this closely. I know this issue has now

VerDate 0ct 31 2002 01:21 Nov 17, 2002 Jkt 019060 PO 00000 Frm 00034 Fmt 4637 Sfmt 0634 E:\CR\FM\G15NO6.079 S15PT1 November 15, 2002 CONGRESSIONAL RECORD — SENATE S11195 been politicized. No one is against ability protection for vaccine manufac- Many of the advisory committees in homeland security. No one is against turers. The program, funded through a this new Homeland Security Depart- enhancing the security that our people surcharge on vaccines, compensates ment will be dealing with issues of na- feel, and protecting it. The question persons injured by such vaccines to a tional security that should not be sub- then becomes, what is the best way to maximum of $250,000. jected to public disclosure rules. But do it? A number of Senators, including the the Federal Advisory Committee Act We have had studies on this point. very distinguished Senator from Michi- already allows the President to exempt The Brookings Institute made a very gan, Ms. STABENOW, strongly criticized these public disclosure rules for advi- careful evaluation. They said they these provisions yesterday. And yet at sory committee for national security thought some consolidation was in the same time, some Senators who reasons. This is authority that the order, but they thought it should be have made these statements—not the President has used for 30 years, and au- limited, it should be done carefully, it Senator whose name I have expressed thority he will be able to use for advi- should be done thoughtfully, it should just now—but some Senators at the sory committees in the Homeland Se- be done with prudence. They pointed same time have pledged to vote in curity Department. out, of course, that it is a huge mana- favor of this bill, regardless of whether But instead of relying on the Presi- gerial undertaking; that it becomes these provisions are included or re- dent’s current authority to exempt more daunting as the number of agen- moved. How about that. We are acting committees on a case-by-case basis, cies to be included increases. And then as though this is a conference report the new language in this bill allows the last summer they said in their report: that cannot be amended, as though its Secretary to exempt ANY advisory passage is a fait accompli. We still The danger is top managers will be pre- committee from public disclosure occupied for months if not years with get- have the opportunity to amend this rules, regardless of whether national ting the reorganization right, thus giving in- bill, except for the fact that our Repub- security is pertinent or not. sufficient attention to their real job, taking lican friends on the other side of the This new blanket authority is not concrete action to counter the terrorist aisle have said: This far and no further. necessary. As a matter of fact, we threat at home. We have got an amendment pending in ought not have it. It shouldn’t be that I think that is absolutely on point the tree and that is all you will get. way because it interferes with the peo- and it is a point which the able Senator You will get a vote on that amend- ple’s right to know, and it is a danger from West Virginia has made repeat- ment—up or down on or in relation to to our liberty. It is a danger to our edly, of course, during this debate. It it, I suppose, at the end of the 30 constitutional system. really tracks what Gaius Petronius Ar- hours—but no more amendments. That The provisions in this bill allow the biter said, when he said: is it. That is the only amendment. Secretary to use ad hoc advisory com- Well, we will see about that. I was to learn later in life that we tend to We still have the opportunity to mittees to craft policy in secret, with- meet any new situation by reorganizing, and amend the bill, at least the basic bill, out making specific findings that such a wonderful method it can be for creating secrecy is necessary in any particular the illusion of progress while producing con- H.R. 5005, even postcloture. So this amendment introduced by Senator instance. fusion, inefficiency, and demoralization. The press, I hope, will read this bill Mr. BYRD. Hear, hear, hear. DASCHLE will strike language in this bill which the Senate has not pre- and understand this bill. I hope the Mr. SARBANES. And that is exactly press is fully aware of how this pre- what we are confronted with here. viously considered, the language that would allow the Homeland Security sents a danger and a threat to the me- Mr. President, I thank the Senator dia’s efforts to probe, to ask questions, for yielding, and I yield the floor. Secretary to establish advisory committees within the Homeland Security and to scrutinize and to protect the Mr. BYRD. Mr. President, I thank public’s right to know. the distinguished Senator for his con- Department and to exempt these committees from the Federal Advisory This unnecessary new blanket au- tribution today, and for his references thority will give the President carte to the ancient Roman, Gaius Petronius Committee Act. When I saw that in the amendment blanche to respond and expand the cul- Arbiter, whom the Senator from Mary- that the leader was introducing on be- ture of secrecy that now permeates land more than once has quoted on this half of Mr. LIEBERMAN—I saw that in this White House—this administration. floor. I thank the Senator for his de- the amendment, and I immediately Let me say that again. fense of the patriotic Federal employ- wanted my name attached because I This unnecessary new blanket au- ees who work day and night to protect have been complaining, I have been thority can be used to give the Presi- us. criticizing that, complaining about dent carte blanche to expand the cul- Mr. President, we will not have one that language in the bill. ture of secrecy that now permeates whit more protection with the passage This statute which has been on the this White House—this administration. of this 484 pages, not one whit protec- books, the Federal Advisory Com- The public disclosure exemptions in tion more than we have now. The same mittee Act, which has been on the this bill are a license for abuse. They people who will protect us at the bor- books for 30 years, ensures that the ad are a danger. They are un-American. ders, at the ports, at the airports and hoc committees used to craft policy in They should not become law. throughout the land at the ports of the executive branch provide objective I hope that Senators, before they entry, the same people who will protect advice that is accessible to the public. cast their vote on the passage of this us then are out there now. They are These public disclosure rules allow bill, will think about this. I hope they there day and night protecting us. Congress and the media and groups will be prepared to answer the public— So I thank the distinguished Senator outside of Government to know how their constituents—in the next elec- from Maryland. the executive branch is making impor- tion, whatever election down the road Mr. President, continuing my state- tant policy decisions. awaits them. I hope they will be pre- ment, and I will not be overly long, Section 871 of this new substitute we pared. There are going to be stories in probably the most egregious provision have just been given, less than 60 hours the press as time goes on, I would inserted is a White House-backed pro- ago, provides the Secretary of Home- wager, about this particular authority vision designed to head off dozens of land Security blanket authority to ex- that the Senate will extend with pas- potential lawsuits against Eli Lilly and empt all advisory committees in the sage of this bill to this administration Company and other pharmaceutical gi- Department from existing public dis- and to this new Department—to the ants that are being sued by parents closure rules. This provision was not Secretary of this new Department. who have linked their children’s au- included in Senator LIEBERMAN’s sub- We see on the front page of the Wash- tism to those companies’ childhood stitute, but it has been slipped into ington Times today—I have already vaccines. The language would keep the this new bill, which was made available mentioned the Wall Street Journal, lawsuits out of State courts, ruling out to us, as I say, less than 60 hours ago, and I mentioned the Washington Post. huge judgments and lengthy litigation with the hope that Senators will not Now I call attention to the front page and, instead, channel complaints to a have enough time to scrutinize this of the Washington Times this morning. Federal program set up to provide li- dramatic change to existing statute. There is a headline which reads

VerDate 0ct 31 2002 23:52 Nov 16, 2002 Jkt 019060 PO 00000 Frm 00035 Fmt 4637 Sfmt 0634 E:\CR\FM\G15NO6.082 S15PT1 S11196 CONGRESSIONAL RECORD — SENATE November 15, 2002 ‘‘Homeland Bill a Supersnoop’s allow the administration to provide of West Virginia. So don’t count me Dream.’’ special treatment for corporate cam- out. There are those who may say: There are many dreams to which we paign contributions who are pushing Don’t count me in. I believe there is a can allude—Jacob’s dream—the new anti-terrorism technologies. song to that effect: ‘‘Don’t Count Me dreams. It worries me that issues as impor- In.’’ But don’t count me out. ‘‘Homeland Bill a Supersnoop’s tant as homeland security and the safe- That is my belief. Dream.’’ ty of the American people may be de- This dramatic reduction of trans- In yesterday’s New York Times, Wil- cided in secret by ad hoc committees parency should not be clandestinely liam Safire warned that if this home- that are exempt from traditional good slipped into this eleventh-hour legisla- land security legislation is passed as it government laws. Under this language, tion, and the Senate should not allow is currently written, the Federal Gov- the Secretary will be able to exempt such a dangerous provision to be ernment may be planning to use its not only new advisory committees, but rushed through this Chamber during new intelligence authority to compile also existing committees that are the final minutes of this Congress. computerized dossiers on every Amer- transferred into the Department along So shame on you if you vote for this ican citizen, including ‘‘every piece of with these 28 agencies and offices. amendment, and then, if it fails, you information that government has This amendment, which I have co- turn around and vote for this 484-page about you . . . ’’ sponsored, will strike this exemption bill. Don’t use that as an excuse when —every piece of information that the authority from the bill. you go back to your constituents. Government has about you, each of This dangerous new authority should Every Senator has the right to do you, about you, about you, about you— not be slipped under the cover of dark- what he thinks best, but, believe you . . . including ‘‘every piece of infor- ness, as it were, into legislation that me, your constituents, if you vote for mation that government has about Senators have had little time to study this bill—if that amendment fails, and you—passport applications, driver’s li- or amend. If the Secretary of the new you still vote for this bill, I hope you cense, bridge toll records, judicial and Department of Homeland Security won’t try to hide behind your vote for divorce records, complaints from nosy needs this blanket authority, let him the amendment that is before the Sen- neighbors to the FBI, your lifetime come to Congress and make his case. ate: Oh, I voted for that amendment, paper trail . . . ’’ Congress must not hand over blanket but the Senate rejected it, so I then That is a long trail. authority to this administration which felt that I had done my best, and I went ... ’’your lifetime paper trail plus would allow it to cloak decisions in se- ahead and voted for the bill. Shame on the latest hidden camera surveillance.’’ crecy. you. No one knows about those hidden Now, Senators, this is what we are This administration has worked hard cameras and where they are. about to vote on, this bill. Now, if the to keep the Congress out of the loop. They may be looking at you. Who amendment fails, Senators should not The President has sought to isolate knows. They may be in your office then go ahead and vote for this bill. If himself from the American public and looking at you. this amendment to strike these provi- their Representatives in Congress. He Do we need to add to all of this by sions fails to be adopted, Senators have has asked for the Congress to provide providing even more authority for the no right then to go home and say: Well, him with broad statutory powers to Federal Government to hide decisions I voted for the amendment. I was for further block congressional involve- behind locked doors—decisions which that, but it failed and I, therefore, ment. affect the safety of every man, woman, went ahead and voted for this bill. That is what this bill will do. Pass and child in this Nation? What a crappy bill. Don’t hide behind this bill, and you will say to the Presi- Exampting these committees from your vote when you vote on this dent: Well, I don’t know what your the Federal Advisory Committee Act amendment or you vote in relation to plan is—you have not told us what also removes requirements that the ad- it or whatever the vote is when it your plan is—but we have approved it. vice of these committees be objective comes. Don’t hide behind that. If that Here it is. Here is the bill. So you have and that the membership of the com- amendment fails, don’t hide behind the next 12 months in which to deter- mittees represent balanced viewpoints that and say: Well, I voted for the mine your plan, and all you need to on the issues. With this new authority, amendment, and so I tried to get it in do—we hope you will tell us about it. the Secretary will not have to make there, but the Senate voted it down, so The language here provides for the any effort whatsoever to ensure the in- I went ahead and voted for the bill. President ‘‘informing’’ the Congress tegrity and objectivity of these com- Shame on you. And your constituents about the plan. mittees. should say so: Shame on you. Now, you Well, in some cases, Senators have The language in this bill—here it is— say you voted for the amendment, and supported the President on these 484 pages. It wasn’t around a week ago that the Senate didn’t adopt it. Your issues, either to show unity with the today. Nobody saw one page a week ago convictions were not very strong, so leader of their party or because they today. This bill didn’t exist a week ago you went ahead and voted for the bill, fear political attacks if they do not. today. then, after that amendment failed. Less and less, it seems to me, do we The language in this bill even ex- Shame on you. think about these grants of power that empts individual members of advisory Mr. President, I don’t know of any will affect the constitutional checks committees from financial conflict-of- measure that has ever come before the and balances and separation of powers interest rules. We should not allow our Senate in connection with which I have that protect the constitutional free- homeland security policies to be craft- spoken more passionately, with greater doms of our country. ed by corporate advisors with a finan- conviction, than I have in regard to I must say this, that the shelf life of cial interest in those policies. This bill this bill. I have no special ax to grind. appreciation one might expect from should not become a vehicle for lining No, I have no special ax to grind. I am this administration, in having sup- the pockets of corporate fat cats. on nobody’s payroll except the peo- ported it—those of us, may I say, on Section 232 of the new bill also ex- ple’s. this side of the aisle, in particular—the empts advisory committees within the I am concerned about this. I am more shelf life of appreciation from this ad- Office of Science and Technology in the concerned about this bill than I believe ministration for your efforts to curry Justice Department. This means that any bill I have ever voted on or will favor with the administration, if that this new office, which will serve as the ever have voted on. And I have cast is what it is, is very short indeed. focal point for developing law enforce- more votes than any Senator in the We saw that in the case of the distin- ment technology, may rely on advisory history of this Republic. guished Senator from Georgia, Mr. committees whose members have a per- I have no special ax to grind. You CLELAND. We saw that in the case of sonal stake in the policy recommenda- say: Well, he’s 85. He won’t be running the distinguished Senator from Mis- tions adopted by the committees. I am again. Don’t bet on it. Don’t bet on it. souri, Mrs. CARNAHAN. We have seen it worried that exempting this new That is a matter for the Good Lord to in the cases of other Senators who sup- Science and Technology Office will determine and the people of the State ported the administration. They did

VerDate 0ct 31 2002 23:52 Nov 16, 2002 Jkt 019060 PO 00000 Frm 00036 Fmt 4637 Sfmt 0634 E:\CR\FM\G15NO6.085 S15PT1 November 15, 2002 CONGRESSIONAL RECORD — SENATE S11197 what they thought was right. But in Mr. President, I yield the floor and Under the liability provision sections, any event, their votes were in support suggest the absence of a quorum. the Secretary has the discretion to des- of the administration on various The PRESIDING OFFICER. The ignate which technologies will benefit issues—the tax cut, the Iraq war reso- clerk will call the roll. from this additional protection from li- lution, whatever it might have been— The assistant legislative clerk pro- ability. This section is not about stim- and yet, the President, himself, went ceeded to call the roll. ulating the development of new tech- into those very States and campaigned Mr. AKAKA. Mr. President, I ask nologies to protect us. It is about find- against those Senators. So this admin- unanimous consent that the order for ing new ways to protect companies istration’s thanks don’t go very far, the quorum call be rescinded. from legal liability. Indeed one section may I say to Senators. The PRESIDING OFFICER (Mr. of this bill is labeled ‘‘Litigation Man- So the best thing to do, as always, is BARKLEY). Without objection, it is so agement.’’ That says it all. to do your best, vote your convictions, ordered. The subparagraphs, almost too small and stand by your people who send you Mr. AKAKA. Mr. President, I ask to be noticed, undermine the Federal here, and stand by the Constitution. unanimous consent that I be able to re- Advisory Committee Act, or FACA, Henry Clay, as a Senator from Ken- claim 5 minutes of my time that I and the public’s right to know the tucky in 1833, in building the case for yielded to Senator BYRD. make-up, meeting schedules, and find- the censure of President Andrew Jack- The PRESIDING OFFICER. Without ings of federal commissions, commit- son, asked the Senate: objection, it is so ordered. The Senator tees, councils, and task forces. These How often have we, Senators, felt that the from Hawaii is recognized. groups are chartered by the President, check of the Senate, instead of being, as the Mr. AKAKA. Mr. President, I rise in Congress, and agency heads to give Constitution intended, a salutary control, support of the amendment offered by was an idle ceremony . . . We have estab- independent advice and recommenda- Senator DASCHLE, Senator LIEBERMAN, lished a system, in which power has been tions on substantial policy issues and most carefully separated and distributed be- and Senator BYRD to the pending legis- technological problems. tween three separate and independent de- lation concerning homeland security. Congress enacted FACA in 1972 to ad- partments. We have been told a thousand I voted earlier against invoking clo- dress concerns of committees being re- times, and all experience assures us, that ture on this legislation because in part dundant, having inadequate oversight, such a division is indispensable to the exist- I disagreed with many of the amend- using secretive operations, and not rep- ence and preservation of freedom. . . . ments which were added at the last resenting public interest. FACA re- This is Henry Clay talking: moment by the House to this bill. The quires that the advice provided by such The president, it is true, presides over the amendment offered by Senator committees be objective and responsive whole . . . but has he power to come into DASCHLE and Senator LIEBERMAN would to public concerns. Committee meet- Congress, and to say such laws only shall correct many problems in this House ings are required to be open and prop- pass . . . to arrest their lawful progress, be- bill, although not all. There is much erly noticed, with specific exceptions. cause they have dared to act contrary to his about the underlying bill which still pleasure? No, sir; no, sir. The House bill would give the Sec- needs to be corrected. I laid out earlier Well, Henry Clay was an opponent of retary of Homeland Security a blanket my concerns. Today however, I want to the Presidential veto. He thought that exemption from FACA requirements address the House’s legislative ‘‘add- was a despicable thing, the President’s once the Secretary notices the creation ons’’ that should be stripped from this veto. of a committee and its intent. One bill. I think it is clear what the house So he spoke, as I have just read. He wonders why the House Leadership has done in the midnight hour of this spoke of the President and he said: It is wants to overturn sunshine rules. What Congress. true, he presides over the whole: do they want to hide? The House leadership has taken a . . . but has he power to come into Congress, This is a very serious matter. What and to say such laws only shall pass . . . to moving train—legislation for a Depart- sort of oversight will these committees arrest their lawful progress, because they ment of Homeland Security—and at- have? Who will serve on them? Will all have dared to act contrary to his pleasure? tached gilded carriages for their spe- interests be represented? How will we No, sir; no, sir. cial friends to travel on this legislative confirm that the public interests have The Senate must not blindly follow express. been met? To allow the Secretary of in the name of party unity. I don’t What has been added does not en- Homeland Security to set up advisory blindly follow in the name of the hance the security of the American committees that are free from the bal- Democratic Party unity. I don’t do people. It enriches a select few compa- anced regulations of FACA is to retreat that. I won’t do that. That will not be nies and special individuals, and very back to a time when special interests my guiding star. In storm or in tem- special people. One provision is clearly groups ran roughshod over the public’s pest or in fair weather, that will not be meant to earmark a new university- interest and recommended one sided- my guiding star. based homeland security research cen- views without appropriate oversight. The Senate must not blindly follow, ter program for Texas A&M University, The original Lieberman substitute, in the name of party unity or under the avoiding an open and competitive and the original Gramm-Miller amend- yoke of political pressure, a short- award process. All of us have univer- ment, were based upon provisions that sighted path that ultimately under- sities, distinguished centers of higher were debated and discussed within the mines our sworn duty to support and learning in our states, all of which Governmental Affairs Committee defend the Constitution. would welcome the opportunity to through hearings and business meet- I will vote against this homeland se- make their case for this funding. but ings. The bill before us today has sev- curity bill because even the amend- under this bill, they will not get that eral provisions that have not had that ment that is before the Senate is not chance. However, if the Daschle amend- treatment and will directly benefit the enough. I have some amendments that ment passes, other colleges and univer- airline and rail companies and other I would like to offer. If this amendment sities would be permitted to dem- special interests. fails, I would like to offer my amend- onstrate their competence to be a cen- The Governmental Affairs Com- ments. It is very questionable as to ter for homeland security research, in- mittee spent weeks and months study- whether I will get to do that, very cluding Texas A&M. ing, debating, and drafting legislation questionable as to whether or not those Another provision in this legislation on homeland security. In contrast, this amendments will pass the Senate. I would limit liability to companies pro- bill was not written in committee and doubt that they will. ducing homeland security tech- some parts of the bill before us today So I intend to vote against this nologies. The main intent of this provi- have had only special interest input. homeland security bill. I will raise my sion is to eliminate the ability of That is not the best way to ensure pub- voice as long as I have a voice, and I Americans to obtain compensation lic safety and national security. will raise my hand as long as I can should they be harmed by any of these I yield my time, and I suggest the ab- raise that hand to attempt to derail technologies. The provision is open- sence of a quorum. this blatant power grab and giveaway ended. It does not define how anti-ter- The PRESIDING OFFICER. The of the people’s liberties. rorism technologies will be identified. clerk will call the roll.

VerDate 0ct 31 2002 23:52 Nov 16, 2002 Jkt 019060 PO 00000 Frm 00037 Fmt 4637 Sfmt 0634 E:\CR\FM\G15NO6.088 S15PT1 S11198 CONGRESSIONAL RECORD — SENATE November 15, 2002 The assistant legislative clerk pro- The PRESIDING OFFICER. Without worked on this same repeal during my ceeded to call the roll. objection, it is so ordered. first term in the House, 12 years ear- Mr. REID. Mr. President, I ask unan- f lier, and I know many others had been imous consent that the order for the working on this effort for much longer TRIBUTE TO SENATOR JEAN quorum call be rescinded. than that. But it was Senator GRAMM’s CARNAHAN The PRESIDING OFFICER. Without dogged determination that finally objection, it is so ordered. Mr. CONRAD. Mr. President, I rise pushed the ball over the goal line and today to pay tribute to my distin- f brought our banking laws into the 21st guished colleague from Missouri, Sen- Century. INTELLIGENCE AUTHORIZATION ator JEAN CARNAHAN. After losing her I won’t bore everyone by going into a ACT FOR FISCAL YEAR 2003— husband and eldest son in a tragic long list of Senator GRAMM’s other leg- CONFERENCE REPORT plane accident, Missouri called upon islative accomplishments; they are too Mr. REID. Mr. President, I ask unan- Mrs. CARNAHAN to fill the remainder of numerous to mention, but I would put imous consent that the Senate proceed her husband’s Term. Senator CARNAHAN him right up there with a small group to the consideration of the conference answered the call of duty and did it of other senators who have had the report to accompany H.R. 4628, the in- with a fair, courageous hand. greatest impact on the Senate in the telligence authorization; that the con- Senator CARNAHAN was Missouri’s past century. ference report be considered and agreed first member of the Armed Services Outside of our working relationship, to; the motion to reconsider be laid on Committee in over 25 years. She also I have also gotten to know Senator the table; and that any statements reserved on the Small Business Com- GRAMM, and his lovely life Wendy, very lating to the conference report be mittee, the Governmental Affairs Com- well over as friends. printed in the RECORD, without inter- mittee, the Commerce Committee, and I would also like to tell a little story vening action or debate. the Special Committee on Aging. about how Senator GRAMM’s unselfish- The PRESIDING OFFICER. Without Senator CARNAHAN made a strong ness greatly assisted me when I was in objection, it is so ordered. economy her top priority. Her ability a tight spot. Everyone in this body re- The conference report was agreed to. to secure defense projects for Missouri members the anthrax attacks of last (The conference report is printed in and safeguard funding for family farm- year. As a resident of the Hart Build- the House proceedings of the RECORD of ers hurt by flooding and drought clearing, I was one of those who was forced November 14, 2002.) ly shows Senator CARNAHAN’s desire to to find other space when the Hart Mr. REID. I suggest the absence of a bolster Missouri’s economy, provide building was closed. The Architect of quorum. good jobs for Missouri workers, and the Capitol, the Senate Superintendent The PRESIDING OFFICER. The support our Nation’s effort in the war and the Rules Committee did a great clerk will call the roll. against terrorism. job, under very trying circumstances, The assistant legislative clerk pro- Senator CARNAHAN also knew that a of finding space for everyone. But there ceeded to call the roll. highly skilled workforce required equal were about fifty offices that were relo- Mr. REID. Mr. President, I ask unan- educational opportunities. Her Quality cated so space was tight. My staff and imous consent that the order for the Classrooms Amendment allowed local I were sitting on top of each other quorum call be rescinded. schools greater flexibility in deciding down in EF–100 underneath the back The PRESIDING OFFICER. Without how to utilize Federal dollars. She also steps of the Capitol. objection, it is so ordered. worked to secure over $1.3 million for We were glad to have the space. But programs boosting postsecondary edu- it wasn’t much more than a glorified f cation assistance to low-income stu- broom closet. RECESS SUBJECT TO THE CALL OF dents. These initiatives illustrate Sen- Well, Senator GRAMM heard about my THE CHAIR ator CARNAHAN’s deep commitment to predicament and very graciously let a better education and a brighter fu- me use his Capitol hideaway office Mr. REID. Mr. President, I ask unan- ture for all Missouri students. until the Hart building was reopened. imous consent that the Senate be in re- Filling the seat of her late husband, He only asked that I did not ‘‘trash the cess subject to the call of the Chair. Senator CARNAHAN led with dignity and place and leave empty whiskey bottles There being no objection, the Senate, courage as Missouri’s first female Sen- on the floor.’’ I can assure the Members at 6:12 p.m., recessed subject to the call ator. She took office at a time of per- of the Senate and the people of the of the Chair and reassembled at 8:11 sonal loss and hardship, yet prevailed Commonwealth of Kentucky that I fol- p.m., when called to order by the Pre- and proved to be a strong leader for lowed his instructions. siding Officer (Mr. BARKLEY). Missouri. I would like to join my col- I am also fairly confident that as f leagues in wishing Senator CARNAHAN much as I appreciated the kind gesture, ORDER OF BUSINESS and her family the very best in the fu- my staff appreciated the fact I had ture. somewhere else to go even more. It is Mr. REID. Mr. President, I appreciate f not just Members who will miss Sen- very much, first of all, the patience of ator GRAMM, but staff as well. the Presiding Officer. We are sorry that TRIBUTE TO SENATOR PHIL We will miss his leadership, but I in your first few hours in the Senate GRAMM think we will miss his courage even you have had to spend so much time Mr. BUNNING. Mr. President, I rise more. Senator GRAMM is wiling to take here when we have not been doing a today to pay tribute to my good friend unpopular stands. He is willing to lose lot, but it is necessary that you are and colleague, Senator PHIL GRAMM. a vote 99–1. He is willing to keep the here, and we appreciate very much Without Senator GRAMM, none of us Senate in all night to fight for what he your patience, as I have indicated. would ever know who Dicky Flatt is. believes in, no matter how unpopular Mr. President, it is my understanding We would not know nearly as much as that stand may be. that we are not in morning business. Is we know about Texas A&M as we do. One example that stands out clearly that right? And we would probably still be trying in my mind was at the beginning of the The PRESIDING OFFICER. That is to repeal Glass-Steagall. debate on the Clinton health care bill. correct. I met Senator GRAMM on a number of Many don’t remember now, but when f occasions when I was a Member of the we first started working on that issue House of Representatives, but I did not in Congress, President Clinton had a MORNING BUSINESS really get to know him until I joined lot of momentum and it looked like Mr. REID. I ask unanimous consent that Banking Committee in January only a foregone conclusion that he that we now proceed to a period of 1999, when he was the chairman. would get some sort of bill passed. morning business with Senators al- Senator GRAMM’s first order of busi- Those of us who didn’t the President’s lowed to speak therein for a period not ness was to finally pass a repeal of the proposal really felt like we were swim- to exceed 5 minutes each. Glass-Steagall banking law. I had ming upstream.

VerDate 0ct 31 2002 23:52 Nov 16, 2002 Jkt 019060 PO 00000 Frm 00038 Fmt 4637 Sfmt 0634 E:\CR\FM\G15NO6.090 S15PT1 November 15, 2002 CONGRESSIONAL RECORD — SENATE S11199 Then PHILL GRAMM took the Senate In a recent interview, Senator With his background as a teacher and floor, and laid out a withering assess- THOMPSON said he has ‘‘always looked businessman, TIM was able to bring ment of the bill and why it would do so at public service as more an interrup- both expertise and leadership to the much harm to the country if passed. He tion to a career than a career itself.’’ It Republican party. We need more public wrapped up his remarks by saying that is now time for Senator THOMPSON to servants like TIM HUTCHINSON who ‘‘the Clinton health bill would pass the begin his new career as the District At- champion empowerment over depend- Senate over my cold, dead political torney on the hit television show ‘‘Law ency. It was a pleasure and honor to body.’’ That served as a rallying cry for and Order.’’ I wish my good friend Sen- serve with him in this body. the rest of the Congress and signaled a ator THOMPSON well in his new job, and f real turning point in the debate. But, I leave him with this little piece of ad- THE PROTECT ACT at the time, it wasn’t popular and most vice: don’t let Hollywood turn you into people on Capitol Hill thought it a liberal! Mr. LEAHY. Mr. President, last night wasn’t very smart. But it was right. Senator THOMPSON will be missed not the Senate passed, by unanimous con- That’s PHIL GRAMM for you. just by me, but this entire body, the sent, the Hatch-Leahy PROTECT Act I have heard him say on more than people of Tennessee and all Americans. providing important new tools to fight one occasion. ‘‘I’ve never taken a hos- I will miss him as a Senator, but look child pornography. I want to take a tage I wasn’t willing to shoot.’’ Every- forward to watching my friend on moment to speak about the passage of one knows Senator PHIL GRAMM will Wednesday nights as he begins his new this important bill and the effort that kill a bill if he thinks it’s bad for career on ‘‘Law and Order.’’ it took to get to this point. Although America or if fellow Texans are being f they have recessed subject to the recall treated unfairly. And he has shot some of the Speaker of the House, I also legislative hostages. TRIBUTE TO SENATOR TIM want to implore the Republican leader- But more often than not, he was able, HUTCHINSON ship in the House of Representatives through negotiation, to work out a bet- Mr. BUNNING. Mr. President, it is not to miss this important opportunity ter product. with great pride that I rise today to to pass such important bipartisan leg- I think the Senate will miss his pay tribute to Senator TIM HUTCHINSON islation as this. homespun eloquence. I don’t think of Arkansas In April, I came to the Senate floor there is anyone better at simplifying a Since 1985, when he first began his and joined Senator HATCH in intro- complicated bill for his colleagues and career in public service as a member of ducing S. 2520, the PROTECT Act, after the American people. Whether he uses the Arkansas State House of Rep- the Supreme Court’s decision in the ‘‘Dicky Flatt test’’ or the wisdom resentatives, TIM HUTCHINSON has Ashcroft v. Free Speech Coalition his mama passed down to him, Senator fought for the people of Arkansas and (‘‘Free Speech’’). Although there were GRAMM has the unique ability to make the citizens of the United States of some others who raised constitutional the complicated simple. On this side of America. Throughout his 12 years in concerns about specific provisions in the aisle, that eloquence will be public office at the State and Federal that bill, I believed—and still believe— missed, he always did a great job of ar- level, TIM has worked hard to push his that unlike the Administration pro- ticulating our position. conservative agenda and ideals. He has posal, it was a good faith effort to work Mr. President, Senator GRAMM will been a strong proponent of a balanced within the First Amendment. be missed not just by me, but this en- budget, tax relief and reform of our Na- Everyone in the Senate agrees that tire body, the people of Texans and all tion’s education system. we should do all we can to protect our Americans. I will miss him as a Sen- As a Member of the House of Rep- children from being victimized by child ator and a friend. resentatives from 1992 to 1998, TIM pornography. That would be an easy f authored the much needed $500-per- debate and vote. The more difficult TRIBUTE TO SENATOR FRED child tax credit, which allows parents thing is to write a law that will both do THOMPSON to place as much as $2,000 per year, per that and will stick. In 1996, when we Mr. BUNNING. Mr. President, I rise child, in a designated savings account. passed the Child Pornography Preven- today to pay tribute to my good friend He was also one of the main actors in tion Act, ‘‘CPPA’’, many warned us and colleague, Senator FRED THOMP- the pursuit to reform this nation’s that certain provisions of that Act vio- SON. struggling and inefficient welfare sys- lated the First Amendment. The Su- Since his arrival in the Senate in tem. Besides his many accomplish- preme Court’s recent decision in Free 1994, Senator THOMPSON has been one of ments in the areas of tax relief, edu- Speech has proven them correct. the most respected Members on both cation and welfare reform, TIM has We should not sit by and do nothing. sides of the aisle. His constituents been a major advocate of issues affect- It is important that we respond to the clearly have great admiration and re- ing our nation’s veterans. He has Supreme Court decision. It is just as spect for him. In 1996, Senator worked tirelessly over the years to important, however, that we avoid re- THOMPSON received more votes than open additional outpatient clinics for peating our past mistakes. Unlike the any other candidate in the history of veterans across Arkansas. 1996 CPPA, this time we should respond Tennessee and won his reelection by As a Member of the U.S. Senate, TIM with a law that passes constitutional more than twenty points! HUTCHINSON served on the Armed Serv- muster. Our children deserve more Throughout his tenure in the Senate, ice Committee, Health, Education, than a press conference on this issue. Senator THOMPSON has been a tremen- Labor and Pensions Committee, Agri- They deserve a law that will last. dous supporter of conservative ideals culture Committee, Veterans Affairs It is important that we do all we can and principles. As a member of the Committee and the Special Committee to end the victimization of real chil- Senate Finance Committee, he has on Aging. As a member of the Edu- dren by child pornographers, but it is fought to reduce taxes for his fellow cation Working Group, Senator also important that we pass a law that Tennesseans and all Americans, and HUTCHINSON led the charge to pass the will withstand First Amendment scru- helped to stabilize Medicare and Social ‘‘Education Savings Accounts’’ Legis- tiny. We need a law with real teeth, Security for future generations. lation. I am also very proud to have not one with false teeth. As a member of the Senate Govern- worked with Senator HUTCHINSON on After joining Senator HATCH in intro- ment Affairs Committee, I have had trying to pass legislation which bans ducing the PROTECT Act, I convened a the privilege of working with Senator human cloning. Judiciary Committee hearing on the THOMPSON on various projects when he I have had the honor of serving with legislation. We heard from the Admin- served as chairman, and later as the TIM HUTCHINSON in both the House and istration, from the National Center for ranking Republican member. The Sen- Senate. I have served with him on the Missing and Exploited Children, ator should be congratulated for his Senate Armed Service Committee and NCMEC, and from experts who came hard work on the President’s priority know first hand how hard this indi- and told us that our bill, as introduced, to create the Homeland Security De- vidual has worked to make this Nation would pass constitutional muster, but partment. a safer and better place for all to live. the House-passed bill would not.

VerDate 0ct 31 2002 23:52 Nov 16, 2002 Jkt 019060 PO 00000 Frm 00039 Fmt 4637 Sfmt 0634 E:\CR\FM\A15NO6.025 S15PT1 S11200 CONGRESSIONAL RECORD — SENATE November 15, 2002 I then placed S. 2520 on the Judiciary S. 2520 by unanimous consent. I want proach is also supported by the Na- Committee’s calendar for the October to thank Senator HATCH for his help tional Center for Missing and Exploited 8, 2002, business meeting. I continued clearing the bill for passage last night. Children, which we all respect as the to work with Senator HATCH to im- I am glad to have been able to work true expert in this field. prove the bill so that it could be quick- hand in hand with Senator HATCH on S. Following is an excerpt from the Cen- ly enacted. Senator HATCH circulated a 2520, the PROTECT Act, a bill that ter’s answer to written questions sub- Hatch-Leahy proposed Judiciary Com- gives prosecutors and investigators the mitted after our hearing, which I will mittee substitute that improved the tools they need to combat child por- place in the RECORD in its entirety: bill before our October 8 business meet- nography. The Hatch-Leahy PROTECT Our view is that the vast majority (99– ing. Unfortunately the Judiciary Com- Act strives to be a serious response to 100%) of all child pornography would be mittee was unable to consider it be- a serious problem. found to be obscene by most judges and ju- cause of procedural maneuvering by The provisions of the Hatch-Leahy ries, even under a standard of beyond a reasonable doubt in criminal cases. Even within my colleagues that had nothing to do bill, S. 2520, as we introduced it are bi- the reasonable person under community with this important legislation, includ- partisan and good faith efforts to pro- standards model, it is highly unlikely that ing the refusal of Committee members tect both our children and to honor the any community would not find child pornog- on the other side of the aisle to con- Constitution. At our hearing last raphy obscene.... sider any pending legislation on the month, Constitutional and criminal In the post Free Speech decision legal cli- Committee’s agenda. law scholars—one of whom was the mate the prosecution of child pornography I still wanted to get this bill done. same person who warned us last time under an obscenity approach is a reasonable strategy and sound policy. That is why, for a full week in October, that the CPPA would be struck down— I worked to clear and have the full Sen- stated that the PROTECT Act could Thus, according to the National Cen- ter for Missing and Exploited Children, ate pass a substitute to S. 2520 that withstand Constitutional scrutiny, al- the approach that is least likely to tracked the Hatch-Leahy proposed though there were parts that were very raise constitutional questions—using committee substitute in nearly every close to the line. area. Indeed, the substitute I offered Unfortunately these experts could established obscenity law—is also an even adopted parts of the House bill not say the same about the administra- effective one. Because that is not the approach we which would help the NCMEC work tion’s bill, which seems to challenge decided to use, I recognize that S. 2520 with local and state law enforcement the Supreme Court’s decision, rather contains provisions about which some on these cases. Twice, I spoke on the than accommodate the restraints may have legitimate Constitutional Senate floor imploring that we approve spelled out by the Supreme Court. I questions. These provisions include: such legislation. As I stated then, have also received letters from other A new ‘‘pandering’’ provision with a every single Democratic Senator Constitutional scholars and practi- very wide scope; cleared that measure. I then urged Re- tioners expressing the same conclusion, a new definition of ‘obscenity’ that publicans to work on their side of the which I will place in the RECORD with contains some, but not all, of the ele- aisle to clear this measure—so similar unanimous consent. The Administra- ments of the Supreme Court’s test; to the joint Hatch-Leahy substitute— tion’s proposal and House bill simply a new affirmative defense for pornog- so that we could swiftly enact a law ignore the Supreme Court’s decision raphy made not using any minors that that would pass constitutional muster. and reflect an ideological response in- does not apply to one new category of Unfortunately, instead of working to stead of a carefully drawn bill that will child pornography. clear that bipartisan, constitutional stand up to scrutiny. These provisions raise legitimate measure, colleagues on the other side The PROTECT Act is a good faith ef- concerns, but in the interest of making of the aisle opted to use this issue to fort, but it is not perfect and I would progress I am pleased, as Chairman of play politics before the election. have liked to have seen some addi- the Judiciary Committee, to have tried They redrafted the bill, changed cru- tional changes to the bill. Unfortu- to balance all the competing interests cial definitions, and offered a new nately, I could not obtain agreement to to produce a bill with the best chance version. Facing the recess before the make the following modifications: of withstanding a constitutional chal- mid-term elections, we were stymied First, regarding the tip line, I would lenge. again. have liked to clarify that law enforce- That is not everyone’s view. Others Even after the election, however, ment agents cannot ‘‘tickle the tip evidently think it is more important to during our lame duck session, I have line’’ to avoid the key protections of make an ideological statement than to continued to work with Senator HATCH the Electronic Communications Pri- write a law. A media report just this to pass this legislation through the vacy Act. week on this legislation noted the wide Senate. As I had stated I would do Second, regarding the affirmative de- consensus that S. 2520 is more likely prior to the election, I called a meeting fense, I would have liked to ensure that than the House bill to withstand scru- of the Judiciary Committee yesterday. there is an affirmative defense for the tiny, but quoted a Republican House In the last meeting of the Judiciary new category of child pornography and member as stating: ‘‘Even if it comes Committee under my Chairmanship in for all cases where a defendant can back to Congress three times we will the 107th Congress, I placed S. 2520, the prove in court that a specific, non-ob- have created better legislation.’’ Hatch-Leahy PROTECT Act, on the scene image was made using not any To me, that makes no sense. Why not agenda again. At that meeting the Ju- child but only actual, identifiable create the ‘‘better legislation’’ right diciary Committee approved this legis- adults. now for today’s children, instead of in- lation, as amended. We agreed on a Nevertheless, we were able to reach viting more years of litigation and put- substitute and to improvements in the agreement in Committee on modifying ting at risk any convictions obtained victim shield provision that I authored. the bill with my amendment to the vic- in the interim period before the Su- Although I did not agree with two of tims’ shield law by giving federal preme Court again reviews the con- Senator HATCH’s amendments because I judges and prosecutors the discretion stitutionality of Congress’ effort to ad- thought that they risked having the to override the new victim shield law dress this serious problem? That is bill declared unconstitutional, I never- when there is good cause, such as cases what S. 2520 seeks to accomplish as theless both called for the Committee where the shield law is actually used as drafted. to approve the bill and voted for the a sword by the defendant to help assert I want to commend Senator HATCH bill in its amended form. a defense. for working with me to include many I then sought, that same day, to gain As a general matter, I would have other important provisions in the the unanimous consent of the full Sen- thought it far simpler to take the ap- Hatch-Leahy bill that we developed to- ate to pass S. 2520 as reported by the proach of outlawing ‘‘obscene’’ child gether and are not as controversial. Judiciary Committee, and I worked pornography of all types, which we do These include: with Senator HATCH to clear the bill on in one new provision that I suggested. A tough new private right of action both sides of the aisle. I am please that That approach would produce a law be- for victims of child pornography with late last night that the Senate passed yond any possible challenge. This ap- punitive damages;

VerDate 0ct 31 2002 23:52 Nov 16, 2002 Jkt 019060 PO 00000 Frm 00040 Fmt 4637 Sfmt 0634 E:\CR\FM\G15NO6.110 S15PT1 November 15, 2002 CONGRESSIONAL RECORD — SENATE S11201 a victims’ shield law to keep child those who peddle child pornography, I posed it. Nevertheless, given the broad- victim’s identity out of court and pre- oppose this amendment. Nevertheless, er support for this amendment on the vent them from suffering a second time in light of the broader support for this Judiciary Committee it was been in the criminal process; amendment on the Committee, it was adopted, over my objection and I still a new notice provision designed to adopted over my objection. sought passage of the bill, which we stop ‘‘surprise defenses;’’ Senator HATCH and I agree that legis- achieved last night. sentencing enhancements for recidi- lation in this area is important. But re- Even though S. 2520 is not perfect, I vists and a directive to correct the dis- gardless of our personal views, any law was glad that I was able to work with parity in the current sentencing guide- must be within constitutional limits or Senator HATCH to secure its approval lines that provides a lighter sentence it does no good at all. Even though it is last night. I had hoped that the House for offenders who cross state lines to close to the line, I support S. 2520 as of Representatives would adopt the bill actually molest a child than for offend- Senator HATCH and I introduced it in before they recessed for the end of the ers who possess child pornography that the Senate. Senator HATCH’s amend- year. That way, we could have sent a has crossed State lines. ment which would include all ‘‘virtual bill to the President for his signature These provisions are important, prac- child pornography’’ in the definition of right now. Instead, the House of Rep- tical tools to put child pornographers child pornography, in my view, crosses resentatives’ Republican leadership de- out of business for good and in jail the constitutional line, however, and cided to adjourn without either taking where they belong. needlessly risks protracted litigation up the Hatch-Leahy bill or working I support S. 2520 as a good faith effort that could assist child pornographers with us to resolve any differences. I to protect our children and honor the in escaping punishment. hope that the House leadership will re- Constitution, and the Committee sub- Although I joined Senator HATCH in consider this decision and consider this stitute, which improved upon the origi- introducing S. 2520, even when it was measure, rather than start all over nal bill. introduced I expressed concern over again in the next Congress. It is cer- There were two amendments adopted certain provisions. One such provision tainly unfortunate that the House Re- in Committee to which I objected. I was the new definition of ‘‘identifiable publican leadership would rather ad- felt that they needlessly risked a seri- minor.’’ When the bill was introduced, journ for a recess than take the oppor- ous constitutional challenge to a bill I noted that this provision might ‘‘both tunity to pass a bipartisan bill which that already provided prosecutors the confuse the statute unnecessarily and passed the Senate unanimously. tools they needed to do their jobs. Let endanger the already upheld As I have explained, I believe that me discuss my opposition to two ‘morphing’ section of the CPPA.’’ I said this issue is so important that I have amendments offered by my good friend I was concerned that it ‘‘could present been willing to compromise and to sup- Senator HATCH that were adopted by both overbreadth and vagueness prob- port a measure even though I do not voice vote by the Judiciary Com- lems in a later constitutional chal- agree with each and every provision mittee. lenge.’’ that it contains. That is how legisla- Although I worked with Senator The Supreme Court made it clear tion is normally passed. Again, how- HATCH to write the new pandering pro- that we can only outlaw child pornog- ever, I fear that some in the Adminis- vision in S. 2520, I do not support Sen- raphy in two situations: No. 1, it is ob- tration and the House have decided to ator HATCH’s amendment, which crim- scene, or No. 2, it involves real kids. play politics with this issue that is so inalizes speech even when there is no That is the law as stated by the Su- important to our nation’s children. I underlying material at all—whether preme Court, whether or not we agree urge them to reconsider their ‘‘take it obscene or non-obscene, virtual or real, with it. or leave it approach’’ and consider the child or adult. The ‘‘identifiable minor’’ provision in Hatch-Leahy PROTECT Act—or at The pandering provision is an impor- S. 2520 may be used without any link to least come back to discuss our dif- tant tool for prosecutors to punish true obscenity doctrine. Therefore, what ferences. I ask unanimous consent that the child pornographers who for some tech- saves it is that it applies to child porn letters and materials to which I re- nical reason are beyond the reach of made with real ‘‘persons.’’ The provi- the normal child porn distribution or ferred be printed in the RECORD. sion is designed to cover all sorts of There being no objection, the mate- production statutes. It is not meant to images of real kids that are morphed or rial was ordered to be printed in the federally criminalize talking dirty over altered, but not something entirely RECORD, as follows: the internet or the telephone when the made by computer, with no child in- person never possesses any material at volved. That is the provision as Sen- UNIVERSITY OF VIRGINIA SCHOOL OF LAW, all. That is speech, and that goes too ator HATCH and I introduced this bill. Charlottesville, VA. far. The Hatch amendment adopted in Senator PATRICK J. LEAHY, The current pandering provision in S. Committee that redefined ‘‘identifiable Chairman, Senate Committee on the Judiciary, 2520 is quite broad, and some have ar- minor’’ by creating a new category of Washington, DC. gued that it presents constitutional pornography for any ‘‘computer gen- DEAR CHAIRMAN LEAHY: On October 2, 2002, problems as written, but I thought that erated image that is virtually indistin- I testified before the Senate Judiciary Com- prosecutors needed a strong tool, so I guishable from an actual minor’’ dis- mittee concerning S. 2520 and H.R. 4623. Each of these bills was drafted in response to supported Senator HATCH on the cur- lodged, in my view, that sole constitu- Ashcroft v. Free Speech Coalition, 122 S. Ct. rent provision. tional anchor. The new provision could 1389 (2002), in which the Supreme Court I was heartened that Professor be read to include images that never threw out key provisions of the federal child Schauer of Harvard, a noted First involved real children at all but were pornography laws. As I stated in my testi- Amendment expert, testified at our 100 percent computer generated. mony, the new sections contained in S. 2520 hearing that he thought that the provi- That was never the goal of this provi- have been carefully tailored with an eye to- sion was Constitutional, barely. sion and that was the reason it was wards satisfying the precise concerns identi- Unfortunately, Professor Schauer has constitutional. There are other provi- fied by the Supreme Court. Recently, Sen- ator Hatch offered an amendment in the na- since written to me stating that this sions in the bill that deal with obscene ture of a substitute to S. 2520 (hereinafter new amendment ‘‘would push well over virtual child pornography that I sup- ‘‘the Hatch Substitute’’). I have examined the constitutional edge a provision port. This provision was intended to the Hatch Substitute, and I believe that it that is now up against the edge, but ease the prosecutor’s burden in cases contains a definition of child pornography probably barely on the constitutional where images of real children were that is nearly identical to the definition reside of it.’’ I will place that letter and cleverly altered to avoid prosecution. jected by Free Speech Coalition. Therefore, other materials in the RECORD with I support the definition of the Hatch substitute is unlikely to survive unanimous consent of the Senate. ‘identifiable minor’ as we originally constitutional challenge in the federal Because this amendment endangers wrote and introduced it. Because Sen- courts, and the Committee should decline to adopt it. the entire pandering provision, because ator HATCH’s amendment seriously As you know, each of these bills contains it is unwise, and because that section weakened the constitutional argument some complicated provisions, including espe- is already strong enough to prosecute supporting this entire provision, I op- cially their definition sections. As you also

VerDate 0ct 31 2002 01:21 Nov 17, 2002 Jkt 019060 PO 00000 Frm 00041 Fmt 4637 Sfmt 0634 E:\CR\FM\G15NO6.111 S15PT1 S11202 CONGRESSIONAL RECORD — SENATE November 15, 2002 know, this complexity is unavoidable, for the reenact a definition that is almost identical items that may not be pandered so that they Congress aims to intervene in and eliminate to the one that the Supreme Court just re- include not only actual ‘‘material,’’ but also some of the complex law enforcement prob- jected. In the Hatch Substitute, the defini- ‘‘purported material.’’ I suppose that there lems created by the phenomenon of virtual tion of child pornography would cover, might be cases where a person offers to sell pornography. In the following comments, I among other things, sexually-explicit mate- pornographic materials that do not actually will try to state my concerns about the rials whose production involved the use of an exist and that the person might make the Hatch Substitute as concisely as possible, ‘‘identifiable minor.’’ The Hatch Substitute offer in a manner that violates the pandering while identifying the statutory nuances that defines ‘‘identifiable minor’’ as including a prohibition. If that is the problem that the are likely to generate significant constitu- ‘‘computer or computer generated image drafters of the Hatch Substitute have in tional questions in the event that the Hatch that is virtually indistinguishable from an mind, it seems that they might solve that Substitute is enacted. actual minor.’’ As I explained above, the So- problem more cleanly by adding the word In Free Speech Coalition, the Supreme licitor General suggested in Free Speech Co- ‘‘offers’’ to the list of forbidden conduct and Court scrutinized provisions of the Child alition that the First Amendment would be deleting the references to ‘‘purported mate- Pornography Prevention Act of 1996 satisfied if the Supreme Court limited the rial.’’ (In other words, the provision would (‘‘CPPA’’) that were designed to eliminate CPPA to depictions that are ‘‘virtually indis- punish anyone who ‘‘advertises, offers, pro- obstacles to law enforcement created by vir- tinguishable’’ from child pornography, and motes, presents, distributes, or solicits tual child pornography. The proliferation of the Court rejected that interpretation. To through the mails . . . any material in a virtual pornography has enabled child por- put it mildly, it is hard to imagine that the manner that conveys the impression that the nographers to escape conviction by arguing Supreme Court would be inclined to view the material’’ is child pornography.) If that is that it is so difficult to distinguish the vir- Hatch Substitute as a good faith legislative not the problem that the Hatch Substitute tual child from the real one that (1) the gov- responses to Free Speech Coalition when all has in mind, I would suggest that the draft- ernment cannot carry its burden of proving it does is reenact a definition that the Court ers identify the problem precisely and de- that the pornography was made using real there expressly considered and disapproved. velop language that is clearer and narrower children and/or (2) the government cannot You will notice that I here am paraphrasing than the phrase ‘‘purported material,’’ for carry its burden of providing scineter be- the definition provisions in the Hatch Sub- that ambiguous term is likely to generate cause the defendants believed that the im- stitute and omitting some of their com- First Amendment concerns that otherwise ages in their possession depicted virtual chil- plexity. In particular, the Hatch Substitute could and should be avoided. dren, rather than real ones. In order to fore- provides a further definition of the phrase Respectfully yours, close these arguments, the CPPA defined ‘‘virtually indistinguishable,’’ requiring that ANNE M. COUGHLIN, ‘‘child pornography’’ broadly so that it ex- the quality of the depiction be determined Class of 1948 Research Professor of Law. tended not only to a sexually-explicit image from the viewpoint of an ‘‘ordinary person’’ that had been produce using a real minor, and providing an exception for ‘‘drawings, THE COMMUNITARIAN NETWORK, but also to an image that ‘‘appears to be of cartoons, sculptures, or paintings.’’ But nei- Washington, DC, October 11, 2002. a minor’’ engaging in sexually-explicit con- ther the definition of ‘‘identifiable minor’’ Hon. PATRICK J. LEAHY, duct. Free Speech Coalition rejected this def- nor these refinements of ‘‘virtually indistin- Chairman, U.S. Senate, Committee on the Judi- inition of First Amendment grounds. The guishable’’ are calculated to satisfy the con- ciary, Washington, DC. Court reaffirmed the holding of New York v. cerns raised in Free Speech Coalition. As DEAR CHAIRMAN LEAHY: I want to thank Ferber, 458 U.S. 747 (1982), under which the Justice Kennedy explained for the Court, an you for your efforts to protect American government is free to regulate sexually-ex- absolute ban on pornography made with real children by filling the gap left by the Su- plicit materials produced using real minors children is compatible with First Amend- preme Court’s decision to strike down the without regard to the value of those mate- ment rights precisely because computer-gen- Child Pornography Prevention Act. Ashcroft rials. However, the Court refused to extend erated images are an available alternative, v. Free Speech Coalition dealt a blow to the Ferber analysis to sexually-explicit ma- and, yet, the Hatch Substitute proposed to those who appreciate the important role the terials that only appear to depict minors. forbid the computer-generated alternative as federal government must play in protecting The court noticed that many mainstream well. Likewise, an exception for cartoons and young people from those who would exploit movies, as well as works of great artistic, so forth is insensitive to the Supreme them. Your efforts to craft a bill, the PRO- literary, and scientific significance, explore Court’s commitment to protect realistic por- TECT Act, that will withstand Constitu- the sexuality of adolescents and children. trayals of child sexuality, a commitment tional scrutiny deserves the public’s applause. Such works, including ones that are sexually that is clearly expressed in the Court’s rec- I would like to draw your attention to a explicit, are valuable in the eyes of the com- ognition of the value of (among other things) similar, but separate, matter that also re- munity, and, as long as their production in- mainstream movies such as Traffic and flects on the health and security of our chil- volves no real children, such works are pro- American Beauty. dren in regards to pornography. Like the In this regard, you will notice that the tected by the First Amendment against gov- Child Pornography Prevention Act, the Child Hatch Substitute closely resembles some of ernmental regulation. Internet Protection Act (CIPA), which was In Free Speech Coalition, the Supreme the defective provisions of H.R. 4623, which passed by the 106th Congress, has been court expressly considered and rejected a would prohibit virtual child porn that is struck down by the federal judiciary. In number of arguments made by the Solicitor ‘‘indistinguishable’’ from porn produced with American Library Association, et al. v. General on behalf of the CPPA definition. real minors. Unlike S. 2520, both H.R. 4623 United States of America, et al, a District One of these arguments was that the ‘‘speech and the Hatch Substitute seem to embody a Court in Pennsylvania threw CIPA out, argu- prohibited by the CPPA is virtually indistin- decision merely to endorse the unconstitu- ing that its efforts to prevent children from guishable from child pornography, which tional portions of the CPPA all over again. exposure to harmful material on school and may be banned without regard to whether it The Committee should refuse to engage in library computers amounted to a violation of depicts works of value.’’ In his opinion for such a futile and disrespectful exercise. The the First Amendment. The Justice Depart- the Court, Justice Kennedy explained that law enforcement problems posed by virtual ment has appealed that case to the Supreme this argument fundamentally misconceived pornography are not symbolic but real, and Court, where the lower court’s decision will the nature of the First Amendment inquiry. the Congress should make a real effort to very likely be upheld. Unfortunately, as Har- Materials that satisfy the Ferber definition solve them. In my judgment, S. 2520 is a real vard Law School professor Frederick are regulable not because they are nec- effort to solve them, and the Committee Schauer testified at the hearing you recently essarily without value; to the contrary, Fer- should use S. 2520 as the basis for correcting held on CPPA, ‘‘constitutionally suspect leg- ber itself recognized that some child pornog- the CPPA. islation under existing Supreme Court inter- raphy might have significant value. Indeed, The Hatch Substitute contains additional pretation of the First Amendment, whatever the Court there reasoned that the ban on the innovations that the Committee should we may think of the wisdom and accuracy of use of actual children was permissible in study carefully. Because this letter already those interpretations, puts the process of part because virtual images—by definition, is too long, I will allude to only one of them [prosecution] . . . on hold while the . . . images ‘‘virtually indistinguishable’’ from here. The ‘‘pandering’’ provision set forth in courts proceed at their own slow pace.’’ child pornography—were an available and the Hatch Substitute contains some lan- I think we ought not wait for what will lawful alternative. Hence, as Justice Ken- guage that strikes me as being both vague likely be a disappointing conclusion. Rather, nedy put it: ‘‘Ferber, then, not only referred and unnecessarily broad, and the provision I hope you will lead an effort to craft new to the distinction between actual and virtual therefore is likely to attract unfavorable at- legislation which (1) passes Constitutional child pornography, it relied on [the distinc- tention in the federal courts. The Hatch pan- muster, and (2) better enables schools and lition] as a reason supporting its holding. Fer- dering provision would punish anyone who braries to protect children from harmful im- ber provides no support for a statute that ‘‘advertises, promotes, presents, distributes, ages and websites. Let me take a moment to eliminate the distinction and makes the al- or solicits . . . any material or purported ma- delimit how exactly a new, improved Chil- ternative mode criminal as well.’’ terial in a manner that conveys the impres- dren’s Internet Protection Act would differ S. 2520 aims to reform the CPPA in ways sion that the material or purported mate- from the bill passed by the 106th Congress. that are sensitive to these First Amendment rial’’ is child pornography. To be completely First, a new bill should distinguish clearly value judgments. By contrast, the Hatch candid, I am not sure that I understand what between measures affecting adults and mi- Substitute proposes that the Congress should problems would be solved by defining the nors. Though the title of the legislation is

VerDate 0ct 31 2002 23:52 Nov 16, 2002 Jkt 019060 PO 00000 Frm 00042 Fmt 4637 Sfmt 0634 E:\CR\FM\A15NO6.061 S15PT1 November 15, 2002 CONGRESSIONAL RECORD — SENATE S11203 the Children’s Internet Protection Act, it re- Paul Hoffman, Partner, Schonbrun, I hope that this is helpful. quires technology protection measures on all DeSimone, Seplow, Harris & Hoffman, LLP; Yours sincerely, computers with Internet access, regardless of Venice, CA. Frederick Schauer, the age of the patron using each computer. If Adjunct Professor, University of Southern Frank Stanton Professor of the the aim is to protect minors, it is unneces- California Law School; Los Angeles, CA. First Amendment. sary to put filters on every computer in a li- Gregory P. Magarian, Assistant Professor brary. This, of course, was one of the District THE MEDIA COALITION INC., of Law, Villanova University School of Law; Court’s primary concerns. I hope you will New York, NY, September 23, 2002. Villanova, PA. draft legislation requiring separate com- Re S. 2520 and H.R. 4623. Jamin Raskin, Professor of Law, American puters for adults and minors. All those under Sentor PATRICK J. LEAHY, University, Washington College of Law; 18 should be required to use filtered com- Chairman, Committee on the Judiciary, Wash- Washington, DC. puters, unless accompanied by a parent or ington, DC teacher. Those over 18 should have access to Donald B. Verrilli, Jr., Partner, Jenner & Sen. ORRIN G. HATCH, un-filtered computers in a separate area. In Block, LLC; Washington, DC. Ranking Republican Member, Committee on the smaller facilities, where only one computer Judiciary, Washington, DC is available, special adult hours could be set HARVARD UNIVERSITY, DEAR SENATORS LEAHY AND HATCH: I am during which the filter is disabled and only Cambridge, MA, October 3, 2002. General Counsel of The Media Coalition, a adults may use the computer. The rest of the Re S. 2520. trade association whose members represent time a filter would be in place. Hon. PATRICK LEAHY, most of the publishers, booksellers, librar- Second, I would encourage you to incor- U.S. Senate, Committee on the Judiciary, Wash- ians, periodical wholesalers and distributors, porate language that distinguishes children ington, DC. movie, recording and video game manufac- 12 and under from teenagers 13–18. Teenagers turers, and recording and video retailers in DEAR SENATOR LEAHY: Following up on my have greater capacities to process informa- the United States. While Media Coalition written statement and on my oral testimony tion than children, as well as different needs and its members unanimously deplore child before the Committee on Wednesday, Octo- for information. In recognition of this, I pornography and support prosecution of of- ber 2, 2002, the staff of the Committee has would hope that your new bill would require fenders, they are also concerned that the dic- asked me to comment on the constitutional different policies for children and teenagers, tates of the First Amendment remain invio- implications of changing the current version such as providing different filter settings. late, even as to material that one finds to be of S. 2520 to change the word ‘‘material’’ in Third, I hope you will consider expanding offensive. section 2 of the bill (page 2, lines 17 and 19) the scope of your bill to include provisions The Media Coalition and its members be- to ‘‘purported material.’’ that protect minors from violent images as lieve that the various attempts to respond to well as sexual ones. I realize that limiting In my opinion the change would push well the decision in Ashcroft v. Free Speech Coali- the access of children to violent content over the constitutional edge a provision that tion, 122 S.Ct. 1389 (2002), are unconstitu- poses a potentially more difficult constitu- is now right up against that edge, but prob- tional and problematic in a number of re- tional question, but based on the weight of ably barely on the constitutional side of it. spects, as described below. social science evidence showing the harm As I explained in my statement and orally, S. 2520 caused to children by violence in the media, the Supreme Court has from the Ginzburg 1. As to proposed § 2252A(a)(3)(B)—the I believe that violence must be included in decision in 1966 to the Hamling decision in any definition of content that is ‘‘harmful to ‘‘pandering’’ provision—it seems to crim- 1973 to the Free Speech Coalition decision in inalize commercial fraud as child pornog- children.’’ 2002 consistently refused to accept that To further explain the reasoning behind raphy. Ginzburg v. U.S., 383 U.S. 463 (1966), ‘‘pandering’’ may be an independent offense, held only that pandering could convert bor- these recommendations, I am enclosing a law as opposed to being evidence of the offense of review article, ‘‘On Protecting Children from derline non-obscene material into obscenity. obscenity (and, by implication, child pornog- (‘‘Where the purveyor’s sole emphasis is on Speech,’’ which will be published next fall in raphy). The basic premise of the pandering the Chicago-Kent Law Review. I would wel- the sexually provocative aspects of his publi- prohibition in S. 2520 is thus in some tension cations, that fact may be decisive in the de- come the opportunity to discuss our position with more than thirty-five years of Supreme with you further. In the meantime, please termination of obscenity.’’) This goes must Court doctrine. What may save the provi- further. It applies without regard to the na- feel free to contact Marc Dunkelman, Assist- sion, however, is the fact that pandering ant Director of the Communitarian Network, ture or quality of the material ‘‘pandered’’. may also be seen as commercial advertise- 2. Proposed § 2252A(c) adds an affirmative with any questions. Thank you for your con- ment, and the commercial advertisement of sideration. defense that, for computer-generated images, an unlawful product or service is not pro- each pictured person was an adult and, for Sincerely, tected by the Supreme Court’s commercial AMITAI ETZIONI. virtual child pornography, it was not pro- speech doctrine, as the Court made clear in duced using any actual minor. With respect both Virginia Pharmacy and also in Pitts- May 13, 2002. to non-virtual child pornography, this re- burgh Press v. Human Relations Commission sults in a reversal of the usual burden of Chairman PATRICK J. LEAHY, 413 U.S. 376 (1973). It is important to recog- U.S. Senate Judiciary Committee proof. IN a prosecution for traditional child nize, however, that this feature of commer- pornography (e.g., as defined in § 2256(8)(A)), Washington, D.C. cial speech doctrine does not apply to non- DEAR CHAIRMAN LEAHY: We write to ex- one of the elements of the crime that the commercial speech, where the description or press our grave concern with the legislation government must prove is that the produc- advocacy of illegal acts is fully protected un- recently proposed by the Department of Jus- tion of the material involved the use of a less under the narrow circumstances, not ap- tice in response to the Supreme Court’s deci- minor. Further, under United States v. X- plicable here, of immediate incitement. sion in Ashcroft, et al. v. The Free Speech Citement Video, Inc., 513U.S. 64 (1994), in the Coalition, et al., No. 00–795 (Apr. 16, 2002). In The implication of this is that moving case of a librarian, retailer or distributor, particular, the proposed legislation purports away from communication that could be de- the government must prove that he or she to ban speech that is neither obscene nor un- scribed as an actual commercial advertise- knew that the material was of an actual protected child pornography (indeed, the bill ment decreases the availability of this ap- minor. This proposal impermissibly and un- expressly targets images that do not involve proach to defending Section 2 of S. 2520. Al- constitutionally shifts this burden. real human being at all). Accordingly, in our though it may appear as if advertising With respect to virtual child pornography, view, it suffers from the same infirmities ‘‘material’’ that does not exist at all there are similar constitutional problems. that led the Court to invalidate the statute (‘‘purported material’’) makes little dif- The Supreme Court in Free Speech Coalition at issue in Ashcroft. ference, there is a substantial risk that the found that the evil in child pornography, and We emphasize that we share the revulsion change moves the entire section away from the basis for excluding it from First Amend- all Americans feel toward those who harm the straight commercial speech category ment protection, is the unlawful conduct vis- children, and fully support legitimate efforts into more general description, conversation, a-vis an actual child. Thus, the Court held to eradicate child pornography. As the Court and perhaps even advocacy. Because the ex- that, unless an actual child is used and thus in Ashcroft emphasized, however, in doing so isting arguments for the constitutionality of abused in the creation of the material, there Congress must act within the limits of the this provision are already difficult ones after can be no crime as to otherwise First First Amendment. In our view, the bill pro- Free Speech Coalition, anything that makes Amendment-protected material. The govern- posed by the Department of Justice fails to this provision less like a straight offer to en- ment must provide this necessary factual do so. gage in a commercial transaction increases predicate. To shift the burden of proof as to Respectfully submitted, the degree of constitutional jeopardy. By in- this necessary element of the crime to the Jodie L. Kelley, Partner, Jenner & Block, cluding ‘‘purported’’ in the relevant section, defendant is unconstitutional, even putting LLC; Washington, DC. the pandering looks less commercial, and aside the often impossible task of proving Erwin Chemerinsky, Sydney M. Irmas Pro- thus less like commercial speech, and thus the negative—that no child was used. fessor of Public Interest Law, Legal Ethics less open to the constitutional defense I out- 3. S. 2520 also amends the record-keeping and Political Science, University of South- lined in my written statement and oral testi- provisions, which themselves have had a ern California, Law School; Los Angeles, CA. mony. checkered constitutional history, having

VerDate 0ct 31 2002 01:21 Nov 17, 2002 Jkt 019060 PO 00000 Frm 00043 Fmt 4637 Sfmt 0634 E:\CR\FM\A15NO6.063 S15PT1 S11204 CONGRESSIONAL RECORD — SENATE November 15, 2002 been held unconstitutional (ALA v. adults were photographed. It is unlikely that bills. Not only are they clearly unconstitu- Thornburgh, 713 F. Supp. 469 (D.D.C. 1989)), this is what was intended.) tional, but passage of either bill would result revised in 1990, again held unconstitutional As Justice Kennedy, writing for the Court, in constitutional challenges that could be by the District Court (ALA v. Barr, 794 F. says in Free Speech Coalition (122 S.Ct. at exploited by person charged with possession Supp. 412 (D.D.C. 1992)), held constitutional, 1404), shifting the burden of proof on an ele- of actual child pornography. although certain regulations were invali- ment of the crime raises serious constitu- Sincerely yours, dated (ALA v. Reno. 33 F. 3d 78 (D.C. Cir. tional issues. In fact, in the First Amend- MICHAEL A. BAMBERGER, 1994)), and subsequently the Tenth Circuit ment context, we believe that shift is uncon- General Counsel. stitutional; among other things, it violates has held a regulation more central to the f regulatory scheme unconstitional (Sundance Smith v. California, 361 U.S. 147, 153 (1959) in Assocs. Inc. v. Reno, 139 F. 3d 804 (10th Cir. that it eliminates the requirement that the LOCAL LAW ENFORCEMENT ACT 1998)). Throughout, however, the records government prove knowledge of minority by OF 2001 kept have been barred from use in prosecu- shifting the burden of proof to the defendant. Thus, defendant must prove a negative—that Mr. SMITH of Oregon. Mr. President, tions other than for the failure to keep the I rise today to speak about hate crimes records. no children were used—a difficult chore, par- S. 2520 would permit the use of the record- ticularly if the computer programmer-de- legislation I introduced with Senator keeping records in a child pornography pros- signer is not available or known to the de- KENNEDY in March of last year. The ecution. However, requiring producers to fendant. Finally, under United States vs. X- Local Law Enforcement Act of 2001 maintain records at the risk of criminal li- Citement Video, Inc., 513 U.S. 64 (1994), in the would add new categories to current ability for not doing so, which records can be case of a librarian, retailer or distributor, hate crimes legislation sending a sig- the government must prove that he or she used against them in a child pornography nal that violence of any kind is unac- prosecution, violates the constitutional pro- knew that the material was of an actual minor This proposal impermissibly and un- ceptable in our society. hibition against mandatory self-incrimina- I would like to describe a terrible tion. constitutionally shifts this burden. 4. Finally, there is a provision in Section 9 C. Section 4 creates a crime of pandering crime that occurred January 11, 2002, in creating a new § 2252A(f), which is particu- child pornography, defined as the sale or New York, NY. A gay man, Eric D. Mil- larly pernicious. It permits a person ag- offer of material intending to cause the pur- ler, 26, was shot in the chest on a Har- grieved by reason of child pornography to chaser or offeree to believe that the material lem street by a man who shouted anti- is child pornography, whether it is or not. commence a civil action for injunction relief gay remarks at him, according to po- and compensatory and punitive damages. Similarly, one who accepts or attempts to receive or purchase material, believing it to lice. Miller and his partner were walk- First, it is vague, since both the grievance ing down a street when they were con- and the person aggrieved are apparently in be child pornography (whether or not it is unlimited, undefined categories; and the po- such), is also guilty of this new crime. This, fronted by two men who became en- tential civil defendant is in another unlim- in effect, transforms consumer fraud into a raged at the sight of the couple. The ited, undefined category. Moreover, appar- felony. Once could be selling copies of Mary assailants yelled, ‘‘Black men ently a defendant is liable whether or not he Poppins or the Bible, but if one intends to shouldn’t be gay,’’ and threw rocks and or she knows of the minority of the child. cause the buyer to believe that the book con- bottles at the victims. During an ensu- tains a visual depiction of a minor engaging And, since it applies to both the pandering ing scuffle, one of the assailants shot and ‘‘appears to be’’ prongs of the statute, in sexual conduct, it is a felony. In fact, the Bill goes one step further and provides that Miller in the chest. Miller was treated there may be civil liability even when no at a local hospital and released. child is involved. the crime can be committed even though no Most important, it opens a Pandora’s Box. person actually provides, sells, receives, pur- I believe that government’s first duty Under state law, a person using a minor to chases, possesses or produces any visual de- is to defend its citizens, to defend them create child pornography is not only crimi- piction (e.g., selling an empty box). In effect, against the harms that come out of nally liable, but is also liable to the child it criminalizes the intent to market or to hate. The Local Law Enforcement En- whom he or she has used. But to open the procure child pornography if some action is hancement Act of 2001 is now a symbol protected class to parents, spouses, etc. and taken to effectuate that desire, even if the that can become substance. I believe the defendant class to distributors, retailers, material actually is not child pornography. As discussed above, this seems to go signifi- that by passing this legislation and etc. is inappropriate and ultimately harmful changing current law, we can change to legitimate First Amendment interests. It cantly further than Ginzburg v. U.S. permits raises the specter of the Pornography Vic- and is therefore likely unconstitutional. hearts and minds as well. tims Compensation Act, which raised such D. The first portion of section 5 of the Bill f an outcry that it failed to pass Congress. (new 18 USC § 1466A) provides that computer images of persons indistinguishable from IN HONOR OF THE NATION’S H.R. 4623 pre-pubescent children in sexually explicit VETERANS A. Section 3(a) of the Bill criminalizes as conduct are punishable as child pornography. child pornography computer images as long Mr. SANTORUM. Mr. President, I (A pre-pubescent child is defined as a child rise today in celebration of National as they are, or are indistinguishable from, whose ‘‘physical development indicates’’ the actual child pornography. The majority in child is 12 or younger, or who ‘‘does not ex- Veterans Awareness Week, a time to Free Speech Coalition clearly held that unless hibit significant pubescent physical or sex- commemorate and appreciate all the material either meets the Ferber test, which ual maturation.’’ ‘‘Indistinguishable’’ is de- men and women who have served in protects children exploited in the production fined as ‘‘virtually indistinguishable, in that America’s Armed Forces. The week of process, or is obscene under, Miller v. Cali- . . . an ordinary person . . . would conclude November 10, 2002, is for honoring the fornia, it is protected by the First Amend- that the depiction is of an actual minor’’ en- soldiers, sailors, airmen, and marines— ment. Like the material covered by the un- gaging in sexual acts. Drawings, cartoons, constitutional CPPA, the material described some now gone, and some still alive— sculptures and paintings are excluded.) This who have fought to protect our free- in the ‘‘indistinguishable from’’ portion of is based on Justice O’Connor’s distinction section 3(a) does not involve or harm any between virtual youthful-adult and virtual- doms and liberties. children in the production process. Thus, child pornography. However, there appears The Nation’s veterans have often section 3(a) is unconstitutional under Free to be no requirement under 1466A that mi- stood as the last barrier between our Speech Coalition. nors were involved in the creation of the de- country and the terrors of fascism, B. Section 3(c) of the Bill provides an af- piction. Thus, it falls under Free Speech Coa- communism, and anarchy. They have firmative defense to a child pornography lition. waged war, kept peace, and deterred prosecution that no actual child was in- E. The second part of § 5 of the Bill is new the threat of the unknown. The work of volved in the creation of the material. Thus, § 1466B, which appears to be similar to § 1466A despite section 3(a) discussed above, the Bill except it does not have the those in uniform is dangerous and dif- actually permits computer-generated sexu- ‘‘indistinguishable’’ concept and it does ficult; it requires a personal commit- ally explicit depictions of minors (other than apply to drawings, cartoons, sculptures and ment and sacrifice, as well as the pa- pre-pubescent minors and computer paintings. Thus it seems directly contrary to tience and support of their families. morphing which appears as an identifiable the Free Speech Coalition holding, differing Members of the armed services have a minor), if the defendant meets the burden of only in its limited application only to depic- brave, admirable responsibility and a proving the affirmative defense. (Curiously, tions of younger children (i.e., 12 and under). privileged perspective of history. It is the provision limiting the defense excludes Further, it appears that material covered by with deepest respect that I thank them material defined in § 2256(8)(A), i.e., that § 1466A is a subset of that covered by § 1466B, which used an actual minor in its produc- and would be covered by both. for their courage and their continued tion. Read plainly, that suggests that in a Media Coalition and its members urge you dedication to our Nation’s security. non-computer child pornography case, one and the other members of the Judiciary Pennsylvania is the proud home of cannot escape liability by proving that only Committee not to approve either of these more than a million veterans, all of

VerDate 0ct 31 2002 23:52 Nov 16, 2002 Jkt 019060 PO 00000 Frm 00044 Fmt 4637 Sfmt 0634 E:\CR\FM\A15NO6.067 S15PT1 November 15, 2002 CONGRESSIONAL RECORD — SENATE S11205 whom have demonstrated their love of the Corps supported and he helped ar- to protect children who have outgrown country in defending our borders and range, I quickly realized that the serv- their car seats but are still too small our way of life. But in remembering ice had itself a man of exceptional in- to fit properly in an adult-sized safety and applauding their service, we must tellect, skill, and determination. In belt. On average, children in this group also recognize America’s next veteran other words, the Corps possessed a range from 4 to 8 years of age, weigh 40 generation: the men and women in uni- leader in every sense of the word. to 80 pounds, and are less than 4 feet 9 form today. Our duty as lawmakers is Despite his fluent French and obvi- inches tall. It has been reported that to ensure that our service members’ ous sense of diplomacy, General Jones only about 5 to 6 percent of these 19.5 commitment to the Nation is matched is foremost a warrior and his career is million U.S. children are using booster by the Government’s diligence in pre- dominated by such critical assign- seats. In 2000, 721 children aged five to paring them to face our current and fu- ments as commanding the 24th Marine nine were killed and 103,000 were in- ture threats. Also important is the Expeditionary Unit. I visited this pres- jured in car accidents. quality of life that these service mem- tigious unit when it participated in Op- The Senate Committee on Com- bers and their families deserve. It eration Provide Comfort after the Gulf merce, Science and Transportation ap- should, therefore, be a priority to im- War. One of the most impressive sights proved Anton’s Law in August 2001, and prove the salaries, benefits, and facili- I have ever seen was then Colonel the Senate passed the measure by ties that our military men and women, Jones giving crisp orders to his Ma- unanimous consent on February 25 of this year. Last month, in order to help and their families, rely upon. rines only miles outside of the Iraqi America’s troops on the ground, on town of Zaku while Air Force A–10 ensure that this important measure is the sea, and in the air make up the Thunderbolts provided aerial cover. He placed on the President’s desk for signature before the end of the year, the most capable military force in all the brought his typical professionalism to Senate Commerce Committee accepted world, and their equipment and support other combat-related assignments. my amendment to insert Anton’s Law systems should be nothing less than As the 32d Commandant of the Ma- in the Senate version of the National first rate. The current war on ter- rine Corps, General Jones has served Transportation Safety Board Reau- rorism and the changing threats of the exceptionally. Under his leadership, thorization bill, S. 2950, which the the Marine Corps has developed new ca- 21st century demand a new level of Committee then approved by unani- pabilities that will help America’s 9–1– readiness from our military that can mous consent. I would like to thank all only be met with better funding and 1 force to operate effectively at greater of my colleagues for their continued more effective programs. The Nation’s distances. In response to September 11 support of this bipartisan legislation Armed Forces need to be prepared for attacks, General Jones ordered the cre- that will help to improve the safety the realities of a new security para- ation of a new unit to protect the coun- and effectiveness of child restraints in digm and a new kind of combat. Last try domestically, in addition to inspir- automobiles and protect our Nation’s year’s terrorist attacks have changed ing Marines to serve in truly out- young people. our understanding of modern warfare standing action in Afghanistan and Like the bill that I introduced in this and the need to protect our cities and across the turbulent Middle East. body, the bill that was passed yester- our citizens. And in response to this re- It is a testament to his achievements day by the House of Representatives alization, the Senate has passed legis- and character that the President se- will improve the safety of children lation to increase spending so that our lected General Jones to become the Su- from 4 to 16 years old by requiring the military can be equipped and trained to preme Allied Commander, Europe. Gen- Secretary of Transportation to initiate counter the world’s growing, nontradi- eral Jones will be the first Marine to a rulemaking regarding establishing tional threats. take on this most prestigious military performance standards for child re- We owe much to our veterans: re- command. He faces a number of chal- straints, especially for booster seats, spect and admiration, in addition to lenges, including navigating the expan- for children weighing more than 50 appropriate retirement and healthcare sion of the Atlantic Alliance along pounds. This measure will also lead to benefits. We can most greatly honor with the prosecuting the war on ter- the development of a 10-year-old these men and women, however, by fo- rorism. He will command an enormous dummy that can be used to test child cusing on the needs of the current serv- Area of Responsibility, including much restraint devices. It also requires auto- ice members who will one day be vet- of Africa where the AIDS/HIV epidemic mobile manufacturers to install three- erans themselves. We must support promises to create untold security in- point lap and shoulder belts in all rear their mission today so that we can cel- stabilities. If anyone is up to leading seating positions of passenger vehicles. ebrate their accomplishments tomor- allied forces to protect our interests Since February, I have been working row. I encourage my colleagues and my and promote our values it is Jim Jones. to have this measure passed by the fellow Americans to join me in paying Marcelle and I wish General Jones House, and I commend them for the tribute to the veterans, past, present and his wife Diane all the best as they work that they have done on this im- and future, who are an indispensable move to Mons, Belgium. Based on our portant issue. While I am happy that part of what makes our country the friendship and contact over the years, I Anton’s Law will finally be presented greatest in the world. know he will make us proud. I con- to the President, this bill represents f gratulate him, and, as an American, I only part of what the Senate sought to am thankful our country has his serv- accomplish when we passed Anton’s NOMINATION OF JAMES L. JONES ices. Law in February. The Senate’s version TO BE SUPREME ALLIED COM- f of Anton’s Law, unlike the House bill, MANDER, EUROPE, SACEUR contained provisions that would extend Mr. LEAHY. Mr. President, I rise ANTON’S LAW, H.R. 5504 for 2 years a Federal grant program for today to speak about the nomination Mr. FITZGERALD. Mr. President, I States to promote child passenger safe- of Gen. James Jones to be Supreme Al- rise today to applaud the passage of ty and education, and that would en- lied Commander in Europe. General Anton’s Law, H.R. 5504, by the House of courage State action by providing Jones has served in the Marine Corps Representatives. States with financial incentives to with tremendous skill and dedication, I introduced the Senate version of adopt mandatory booster seat laws by and I know he will make an equally ef- Anton’s Law, S. 980, in May 2001. S. 980 2004. Absent this incentive grant pro- fective U.S. and NATO commander in is named in memory of Anton Skeen, a gram, States will have little impetus Europe. four-year-old who was killed in a car to promulgate the laws needed to ade- I first met General Jones when he crash in Washington State. Anton’s quately protect this group of children. served as a Corps liaison here in the mother Autumn—a national passenger As I have already mentioned, the U.S. Senate in the mid-1980s. Like safety advocate—believes that Anton’s version of Anton’s Law passed by the other Marines, then Major Jones was life could have been saved had he been Senate this year has been incorporated quiet about his war record but I riding in a booster seat. Designed spe- in the Senate’s version of the National learned he served gallantly in Vietnam. cifically to help standard adult seat Transportation Safety Board Reau- In some of the worldwide travel that belts fit better, booster seats are used thorization bill. I urge the conferees

VerDate 0ct 31 2002 23:52 Nov 16, 2002 Jkt 019060 PO 00000 Frm 00045 Fmt 4637 Sfmt 0634 E:\CR\FM\G15NO6.092 S15PT1 S11206 CONGRESSIONAL RECORD — SENATE November 15, 2002 from both the House and the Senate to In recent months, we have seen snip- chairman I have proceeded to consider retain these grant provisions in the ers with an assault rifle kill people nominations that I do not support and conference report of this bill. around the country and a student at the Committee has reported nomina- I thank Congressman SHIMKUS and the University of Arizona go to his tions that I do not support to the Sen- Chairman TAUZIN for their work in se- school and kill three of his teachers ate. As I said during this week’s Com- curing passage of Anton’s Law by the and himself. These events represent mittee consideration of the Shedd House of Representatives, and urge only a few of the thousands of murders nomination, for example, having exam- President Bush to sign this necessary that have already occurred this year. ined his record as a District Court child safety bill into law as soon as These brutal killing sprees were given Judge, I intend to vote against his possible. national media attention, and hope- nomination to the Court of Appeals for f fully will generate legislative action. the Fourth Circuit. While there is little time left in the With the Senate’s actions last night, 2001 FEDERAL BUREAU OF INVES- 107th Congress to address these issues, we have confirmed 98 of this Presi- TIGATION UNIFORM CRIME RE- it is critical that we press for consider- dent’s judicial nominees in only 16 PORT ation of these issues early in 108th Con- months. This compares most favorably Mr. LEVIN. Mr. President, according gress. to the 38 judicial confirmations aver- to the Federal Bureau of Investiga- aged per year during the six and one- f tion’s Annual Uniform Crime Report half years when the Republican major- for 2001, 15,980 people were murdered THE CONFIRMATION OF 98 ity was in control of the Senate. Last last year; 8,719 of the 15,980 deaths were JUDICIAL NOMINEES night, the Senate confirmed another 18 caused by a firearm, and of those mur- Mr. LEAHY. Mr. President, yester- judicial nominees. In the entire 1996 ders, 6,790 were caused by a handgun. day the Senate confirmed the 98th judi- session over the course of an entire Six hundred and seventy-two murders cial nominee of President George W. year, the Republican majority allowed occurred in my home State of Michi- Bush. only 17 district court judges to be con- gan. These numbers are staggering. These past 16 months, since the reor- firmed all year and would not confirm There are several commonsense bills in ganization of the Senate Judiciary a single circuit court nominee—not the Senate that would reduce gun vio- Committee following the change in ma- one. Last night, the Democratic-led lence and gun crime, and I am dis- jority last year, have been an historic Senate confirmed all 17 district court appointed that it appears that the and impressive period in which we have nominees reported to the Senate by the 107th Congress will come to a close fairly considered hundreds of the Presi- Judiciary Committee after our October without the enactment of meaningful dent’s executive and judicial branch 8 business session as well as a 6th Cir- gun safety legislation. nominees. Despite partisan rhetoric to cuit nominee from Kentucky. The On April 24, 2001, Senator REED intro- the contrary, the Senate has done a Democratic-led Senate exceeded in one duced the Gun Show Background good job. day what it took the Republican ma- Check Act. This bill would close a loop- If this Senate had a ‘‘lousy’’ record jority of the Senate an entire year to hole in the law which allows unlicensed on judicial confirmations, then the Re- accomplish. That should put our his- private gun dealers to sell guns with- publican leadership, which controlled toric demonstration of bipartisanship out performing a National Instant the pace on confirmations from 1995 toward this President’s judicial nomi- Criminal Background System check. I through the first part of 2001, must nees in perspective. cosponsored that bill because I believe have been far, far worse than ‘‘lousy’’. The 17 district court nominees con- it would be an important tool to pre- Under Republican control judicial va- firmed last night were on the Senate vent guns from getting into the hands cancies on the Courts of Appeals more calendar because, on October 8, the of criminals and other people prohib- than doubled, from 16 to 33, and overall Senate Judiciary Committee was able ited from owning a firearm. vacancies rose from 65 to 110. We have to report those nominations despite I am also a cosponsor of Senator heard no criticism from the White unparalleled personal attacks by Re- DURBIN’s Children’s Access Prevention House of that period, in which Senate publicans on me as chairman. The cir- Act. Under this bill, adults who fail to Republicans blocked President Clin- cuit court nominee confirmed last lock up a loaded firearm or an un- ton’s nominees. We have heard no night, Professor John Rogers, is the loaded firearm with ammunition would apologies from the Republican leader- second of this President’s judicial be held liable if the weapon is taken by ship that engineered those efforts. nominees confirmed to the Sixth Cir- a child and used to kill or injure them- Just last night, in one night, the cuit this year. They are the first con- selves or another person. The bill also Democratic-led Senate confirmed more firmations to the 6th Circuit since 1997, increases the penalties for selling a gun judges, 18, including more circuit when Republicans for four years shut to a juvenile and creates a gun safety judges, than the Republican-led Senate down consideration of President Clin- education program that includes par- allowed to be confirmed in the entire ton’s nominees to that circuit. Three of ent-teacher organizations, local law en- 1996 session more in one day than Re- President Clinton’s nominees to that forcement and community organiza- publicans were willing to proceed on court were never allowed a hearing by tions. This bill is similar to a bill for an entire year. Seventeen of those the Republican majority; the Demo- President Bush signed into law during judges were the nominations we were cratic majority has, in contrast, pro- his tenure as the Governor of Texas. able to get reported from the Com- ceeded to confirm two new judges to More recently, I cosponsored Senator mittee on October 8 with some signifi- that same circuit court. KOHL’s Ballistics, Law Assistance, and cant effort and in spite of Republican The hard, thankless, but steady work Safety Technology Act, or BLAST Act, efforts to divert the Committee into of the Democratic members of the Ju- which would require licensed firearms other matters. diciary Committee has reduced judicial manufacturers to test fire firearms, This week the Committee met, again, vacancies substantially during these and prepare ballistics images of the as I had said it would. We considered last 16 months. We inherited 110 vacan- fired bullets and casings of new fire- the nominations of Dennis Shedd and cies and an additional 49 have arisen arms. Expanding the National Inte- Michael McConnell and voted on them since July 10, 2002. Today, after 98 con- grated Ballistics Information Network as the 101st and 102nd judicial nomina- firmations, district and circuit court to include these ballistics images tions voted on by the Committee dur- vacancies combined number only 60— would increase the crime gun tracing ing the last 16 months and reported not the more than 150 vacancies that capabilities of the Bureau of Alcohol, them to the Senate. One hundred judi- would exist had we shut down the proc- Tobacco, and Firearms. ATF agents cial nominations have now been re- ess or the 111 vacancies that would could quickly identify firearms by ported favorably to the Senate by the exist if we had followed the Republican using the ballistics images of cartridge Judiciary Committee during the past pace of confirmation during the Clin- casings and bullets recovered at crime 16 months; two were rejected. One indi- ton administration. The President has scenes, even when criminals obliterate cation of the fairness with which we failed to send nominations for almost the serial number. have conducted ourselves is that as half of the 60 current vacancies on the

VerDate 0ct 31 2002 23:52 Nov 16, 2002 Jkt 019060 PO 00000 Frm 00046 Fmt 4637 Sfmt 0634 E:\CR\FM\G15NO6.093 S15PT1 November 15, 2002 CONGRESSIONAL RECORD — SENATE S11207 district and circuit courts and only 11 Guard who responded quickly to pre- ing victims a reasonable time period to of his remaining nominees have both vent even greater loss of life from this decide whether they need to sue a busi- home-State consent and ABA ratings. accident. ness under the Fair Credit Reporting Despite false attacks on our record, the f Act. Senate has acted with bipartisanship, Finally, the bill amends the Internet IDENTITY THEFT VICTIMS fairness and expedition on this Presi- False Identification Prevention Act of ASSISTANCE ACT OF 2002 dent’s judicial nominees, confirming 98 2000 to expand the jurisdiction and in just 16 months. We have reduced ju- Ms. CANTWELL. Mr. President, the membership of the Coordinating Com- dicial vacancies from the 110 we inher- Senate, last night, took a great step mittee currently studying enforcement ited to fewer than the 65 vacancies the toward helping the victims of identity of Federal identity theft law. This will Republicans began with when they theft, and those law enforcement offi- allow the Coordinating Committee to took over the Senate in 1995. Unlike cers investigating identity theft, by examine State and local identity theft the Republican majority that allowed passing S. 1742, the Identity Theft Vic- law enforcement and identify ways the judicial vacancies grow, we have out- tims Assistance Act of 2002. federal government can better assist paced attrition and reduced the overall This legislation provides a consistent state and local law enforcement in ad- level of vacancies, including the vacan- national remedy for victims of identity dressing identity theft and related cies on the circuit courts. theft to restore their credit and their crimes. good name. This bill is a critical step f The bill is based on a Washington in helping victims of identity theft restate law enacted in 2001. Other States, IN MEMORY OF LIVES LOST IN store their good credit. including California and Idaho, have THE BERING SEA ON OCTOBER Identity theft can be extraordinarily enacted similar laws. But identity 20, 2002 destructive to people’s lives. People are theft is a national problem growing at Mrs. MURRAY. Mr. President, I rise denied credit, spend enormous time, ef- an exponential rate. Identity informa- today to express my condolences to the fort, and money correcting the prob- tion may be stolen in Washington state families and friends of men who lost lems caused by identity theft, and suf- and used to perpetrate a fraud in Wis- their lives recently because of an acci- fer profound frustration and distress in consin, New Jersey, or Alabama. That dent aboard the Galaxy, which was fish- dealing with the problems that result is why it is critical that we have passed ing for cod in the Bering Sea. from identity theft. this bill to help all victims move more Aboard the Galaxy were First Mate These problems often arise when they quickly and easily through the process Jerry L. Stephens of Edmonds, Wash- have the potential to wreak the great- of restoring their good name at the ington; Crewman Jose R. Rodas of est havoc: when buying a new home or least emotional and financial cost as Pasco, Washington; and Cook George a car, or getting a loan to put a child possible. Karn of Anchorage, Alaska. From the through college. It can be devastating I thank my colleagues who have Clipper Express: Crewman Daniel to make a major life change, only to worked hard with me to bring this leg- Schmiedt of Arlington, Washington. find out that your creditworthiness has islation to the floor. Particularly, my On October 20, 2002, an explosion oc- been destroyed by fraud, and it is going thanks goes to Senators ENZI, GRASS- curred aboard the Galaxy, a 180-foot to take months of excruciating effort LEY and LEAHY, and Banking Com- vessel fishing for cod off of Alaska’s re- by you to clear your name. mittee Chairman SARBANES. mote Pribilof Islands. Preliminary re- These crimes rarely meet the thresh- I also want to mention the broad supports indicate that crew members were old for prosecution because each crime port that this legislation has received. battling a small fire below deck when a involves a small amount of money. The bill is supported by the National hatch was opened to allow smoke to es- Meanwhile victims must independently Center for the Victims of Crime, the cape. This triggered an explosion which contact numerous federal, state and Fraternal Order of Police, Consumers ignited multiple fires that quickly local law enforcement agencies, con- Union, Identity Theft Resource Center, superheated its iron hull. With little sumer credit reporting agencies and U.S. Public Interest Group, Police Ex- time to act, the crew scrambled to don creditors over a period of years, as each ecutive Forum, Privacy Rights Clear- survival suits and release lifeboats as new event of fraud arises. inghouse, and Amazon.com, and the they tried to rescue shipmates who had One of the most significant problems Committee has received a letter of sup- been thrown overboard by the blast. victims face is gathering the evidence port signed by 22 Attorneys General. Captain Dave Shoemaker of Carna- of the fraudulent use of their identity. The passage yesterday of this legislation, Washington, sustained burns and In order to prove fraud, the victim tion is a win for consumers and a win broken ribs as he struggled through the needs copies of creditors’ business for businesses because identity theft fire to make the crucial Mayday call records, such as applications, invoices leaves both as victims in its wake. It alerting the Coast Guard and other or other information related to the should be among the highest priorities fishing vessels to come to the Galaxy’s fraudulent transactions. These records in the waning days of this Congress assistance. The heroic efforts of Deck are often difficult to obtain because that we work together to get the bill Boss Ryan Newhall of San Antonio, the victim’s personally identifying in- enacted into law. The sooner we give Texas, saved the life of National Ma- formation does not match the fraudu- victims of identity theft these tools, rine Fisheries Service biologist Ann lent information on file with the busi- the more victims we will help and the Weckback, who was thrown into the ness. Ironically, in the interest of pro- fewer businesses that will be defrauded icy water without a survival suit. One tecting consumer privacy, a business by identity theft in the future. of the fishing boats which responded to will refuse to provide the information f the Mayday call, the Clipper Express, to the victim, believing the victim to was drawn into the tragedy when 24 be an unauthorized third party. LOAN FORGIVENESS FOR SOCIAL year old crew member Daniel Schmiedt This bill establishes a nationwide WORKERS AND ATTORNEYS CAN was swept overboard during the rescue process for all victims of identity theft IMPROVE CHILD WELFARE SERV- operation. to obtain business records that are evi- ICES It may be months until we know dence of identity theft to enable a vic- Mr. ROCKEFELLER. Mr. President, I what caused the fatal explosion on the tim to reclaim his or her identity and am very proud to join my friend and Galaxy. However, the immediate re- assist law enforcement in finding the colleague, Senator DEWINE, as an origi- sponse of the Clipper Express and the thieves. nal cosponsor of two important bills, S. other ships that came to the rescue of This legislation also requires con- 3165 and S. 3166, to offer loan forgive- the Galaxy’s crew is a testament to the sumer credit agencies to block report- ness to social workers and attorneys industry. My heart goes out to the ing of bad credit that arises from iden- willing to work in the child welfare families and friends of the four men tity theft, so the harm caused to the field. Senator DEWINE has been an in- who died on October 20, 2002. I extend victim is stopped dead in its tracks. spiring leader on child welfare issues my deep appreciation to all those in The bill also extends the statute of for many years, and I am delighted to the fishing industry and the Coast limitation from 2 years to 4 years, giv- work closely with him to continue to

VerDate 0ct 31 2002 23:52 Nov 16, 2002 Jkt 019060 PO 00000 Frm 00047 Fmt 4637 Sfmt 0634 E:\CR\FM\G15NO6.106 S15PT1 S11208 CONGRESSIONAL RECORD — SENATE November 15, 2002 seek ways to improve the administra- SOWING THE SEEDS FOR The ideas exchanged in Oregon’s tive agencies and legal courts that DEMOCRACY IN CROATIA partnership have led to at least two serve such vulnerable children. Mr. SMITH of Oregon. Mr. President, significant developments with the sup- The bills are designed to encourage I rise today to bring to my colleagues’ port of the Croatian Ministry of Edu- students graduating with social work attention the Civitas International cation and Sport: first, as part of the degrees and law degrees to spend sev- Civic Education Exchange Program—a exchange, an American civics cur- eral years working in the child welfare program that is helping to promote riculum, Foundations of Democracy system. Eligible students would receive democratic principles in emerging and program on justice, has been translated loan forgiveness for working in child established democracies throughout and is now a requirement in Croatian welfare agencies and courts for abused the world. preschools and primary schools; sec- and neglected children. The amount of The Civitas Exchange Program, ad- ond, We the People . . . Project Cit- loan forgiveness would increase over ministered by the Center for Civic Edu- izen, an American civic education pro- time to reward experience, and to re- cation and funded by the U.S. Depart- gram which engages young people in tain social workers and attorneys in ment of Education under the Education learning how to monitor and influence the system. for Democracy Act, engages educators public policy, has become a require- Every day, approximately 500,000 from around the world in the development in grades 7 and 8 for secondary children are in the foster care system. ment of effective civic education ini- schools in Croatia. Services to such children need to be tiatives that can be implemented in The Civitas Exchange Program is an improved so that every child’s health their own countries. The program pro- excellent example of how programs and safety is paramount, and every vides international leaders in civic supported by the federal government child secures a permanent home. These education the opportunity to learn can help achieve U.S. foreign policy ob- priorities were established in the 1997 from one another and to assist each jectives by helping emerging democ- Adoption and Safe Families Act, other in improving education for de- racies develop a political culture sup- thanks to the leadership of Senator mocracy in their nations. portive of democratic values, prin- DEWINE and a bipartisan coalition. To The Civitas Exchange Program ciples, and institutions. I wish to achieve such bold goals, we must have makes use of the experience, expertise, thank the Center for Civic Education trained, committed social workers and and programmatic offerings of U.S.- for their successful administration of skilled attorneys serving such children based State and national civic edu- the Civitas program and applaud Ore- and their families. cation centers by linking them in part- gonian Marilyn Cover for her excellent There is a compelling need to invest nerships with public and private sector work in the project. in social workers. The turnover rate entities in emerging and advanced de- f for child welfare agencies has doubled mocracies. The partnerships serve to institutionalize civic education in RETIREMENT OF SENATOR FRED in the past decade. Making decisions THOMPSON about a child’s health and safety is a these nations, creating working rela- Mr. CONRAD. Mr. President, I rise serious challenge, and we need more tionships that lead to tangible results today to pay tribute and recognize the experienced and trained social workers for both American and international accomplishments of a colleague who to serve children and their families. students and teachers. Today the will be retiring at the end of this term. Many social workers are burdened Civitas Exchange Program is operating Senator FRED THOMPSON has rep- with a staggering caseload. The num- in 30 countries linked with 22 American resented Tennessee in the Senate for 8 ber of social workers per children in States. One of those partnerships involves years. During his tenure, he has been the child welfare system varies widely my home State of Oregon, and the an important advocate for a wide range from state to state, and not all states States of Delaware and Maryland, of legislative reform activities. even report their child protective serv- linked with the country of Croatia. Throughout his Senate career, Sen- ices workforce data. Still, we know Marilyn Cover, the executive director ator THOMPSON has fought for pro- there is a compelling need in many of the Classroom Law Project in Port- tecting our national security, making places. The Child Maltreatment 2000 land, OR, manages the partnership. Ms. government more efficient, and im- Report published by the Department of Cover recently brought a delegation of proving programs that are important Health and Human Services indicates American teachers and Croatian edu- to America’s families, such as Social that the national average is 130 chil- cators to Capitol Hill to observe our Security and Medicare. Senator dren per investigative workers, and system of government first hand. I am THOMPSON has also been nationally rec- several states acknowledge that work- pleased to recognize the two Oregonian ognized for his expertise in inter- ers have over 200 children to monitor teachers participating in the exchange, national affairs as was evidenced by his and assess. Obviously, we need to re- Bert Key from Sandy Union High recent nomination to the prestigious cruit and retain qualified social work- School in Sandy, OR and Maggie Council on Foreign Relations. ers to serve children and families at McSwiggen, from Vocational Village in As the ranking member of the Com- risk. Portland, OR. I would also like to rec- mittee on Governmental Affairs, FRED Experienced attorneys are also need- ognize the Croatian teachers in the del- THOMPSON held more than a dozen ed to help manage the individual cases egation, Jadranka Kostanjsak from Za- hearings on important national secu- and to help ensure that the bold, new greb, Jasminka Zagorac from Zagreb, rity issues, including missile defense time frames established by the Adop- and Natalija Palcic from Split. technology and the proliferation of tion and Safe Families Act are met. These teachers, and others from weapons of mass destruction. As a re- Under this new law, courts face stricter Delaware and Maryland, are currently sult of his efforts, Senator THOMPSON requirements to monitor and make de- working with teachers from Croatia to played a key role in bringing the issue cisions about a child’s safety, health, develop a series of lessons comparing of weapons proliferation to the fore- and placement in a permanent home. the Constitutions of the United States front of the national agenda. This means qualified attorneys need to and Croatia, examining political par- In addition, FRED THOMPSON has been work with the courts, the agencies, and ties within each country, and exploring the leader in many efforts to reform the families. ideas of personal and civic responsi- and improve government. He has In West Virginia, and across our bility for use in their respective class- strongly supported proposals to country, children and families in the es. Begun during a summer writing streamline the regulatory process and child welfare system need and deserve program, the teachers continue to re- to ensure the cost-effectiveness and qualified social workers and attorneys. fine their lessons through team teach- benefit of regulatory programs. As the Senator DEWINE’s bill to offer student ing in classrooms in both the United primary author of the Government In- loan forgiveness would provide the States and Croatia. It is an excellent formation Security Act, he also cham- right incentive to recruit and retain example of the reciprocal nature of the pioned efforts to enhance the security new professionals in the system. It exchange, which provides benefits to of government computer systems and would be a meaningful addition to the American students and international to strengthen privacy protection on Higher Education Act reauthorization. students alike. Federal Web sites.

VerDate 0ct 31 2002 23:52 Nov 16, 2002 Jkt 019060 PO 00000 Frm 00048 Fmt 4637 Sfmt 0634 E:\CR\FM\G15NO6.107 S15PT1 November 15, 2002 CONGRESSIONAL RECORD — SENATE S11209 Finally, as his colleague on the Fi- Over the past 75 years, Vashon High the opportunity to attend the dedica- nance Committee, I had the oppor- School has undergone changes and re- tion of the NMR spectrometer on tunity to work with FRED to address located to several different locations, March 28, 2002. This equipment is the challenges facing Social Security but irrespective of physical location, poised to play a central role in the and Medicare. Among the efforts we the spirit of Vashon High School con- fast-approaching revolution in systems jointly supported, a primary concern tinues to inspire students to pursue biology, the seeds for which were sown we have shared is improving the long- their dreams and achieve their goals. by the amazing success of the Human term solvency of these important so- Congratulations to the students, fac- Genome Project. cial programs. As a Finance Com- ulty, and alumni of Vashon High Dr. Powell has set out to establish a mittee member, as well as in the other School.∑ systems biology program for PNNL roles he has served, Senator f that will position the laboratory to THOMPSON’s work has been thoughtful, play a significant role in the Depart- and our Nation is a better place be- NEAL GONZALES ment of Energy’s Genomes to Life ini- cause of his efforts. ∑ Mr. BINGAMAN. Mr. President, I rise tiative and to participate in the Na- Most of all, I will miss Senator today to say a few words about Neal tional Institutes of Health biomedical THOMPSON’s unfailing good humor. We Gonzales, a prominent new Mexico mission. Congress has consistently sup- shared many laughs as we bantered labor leader who died in late October. ported increased funding for scientific back and forth about his future in film In the early 1970’s when I became ac- research in the biomedical sciences at and television. I will really miss his quainted with the working of the new NIH, and there is an equally important sense of humor and basic decency. Mexico Legislature, I also became ac- role for the Department of Energy to Mr. President, for these and many quainted with Neal Gonzales, a power- play in this field. Genomics research other reasons, I have been honored to ful presence in the halls of power in our holds great promise for unraveling serve with FRED THOMPSON. I would state. He was the representative of many previously intractable scientific like to join my colleagues in wishing labor and as such his influence was felt problems, and will one day lead to the the Senator and his family the best in in most of the important legislative development of technologies that will the future and in paying tribute to his battles that were waged. help address some of our nation’s most contributions to the Senate and our Neal was a true professional at his pressing challenges: carbon sequestra- Nation. I wish him well. job. Liked and respected by all, he was tion and climate change, the national f a formidable adversary as those who security risks posed by bioterrorism, ADDITIONAL STATEMENTS found themselves opposing him soon even clean and sustainable energy pro- learned. duction. The Genomes to Life program I learned much from watching Neal will indeed enhance the Department of TRIBUTE TO VASHON HIGH Gonzales work as the advocate for the Energy’s ability to fulfill its many di- SCHOOL working people of New Mexico. He kept verse missions, and PNNL—thanks in ∑ Mr. BOND. Mr. President, I rise to his focus on the impact of legislation large part to Dr. Powell—is poised to pay tribute to the 75th anniversary of on the lives of those he represented. He be a prime contributor to this initia- Vashon High School. In the early quar- did his homework and, more often than tive. ter of the 20th century, the high school not, he prevailed. In her term as Director of the Pacific that most African-American students With his death, many of us in New Northwest National Laboratory, Dr. attended in St. Louis was overcrowded Mexico have lost not only a valued Powell has reached out to create new and quite a distance from their homes. friend, but the working families of our partnerships within Washington State Consequently, in 1922, a citizens group State have lost a tireless champion.∑ to support this agenda. They include called the Central School Patron Asso- f the University of Washington, Wash- ciation led by Reverend George Stevens TRIBUTE TO DR. LURA POWELL ington State University, the Fred and other community alliances began Hutchinson Cancer Research Center, formulating plans for a second high ∑ Ms. CANTWELL. Mr. President, I and the Institute of Systems Biology. school designated for African-Amer- rise today to say thank you to one of Meanwhile, conversations are ongoing ican students. On September 6, 1927, the true leaders in the Washington with still other institutions in the Pa- Vashon High School opened and has state science community, who has re- cific Northwest that will further ex- been educating and changing the lives cently announced that she will be step- pand PNNL’s collaborations. These ef- of students since. Over time, Vashon ping down from her position at the end forts will bring a strong bioscience High School has established itself as a of the year. I am speaking of Dr. Lura presence to the State of Washington, premier educational institute, known Powell, vice president of Battelle and provide economic sustainability to the for its athletics as well as academics. Director of the Department of Energy’s Tri-Cities area and lead to scientific There are several outstanding indi- Pacific Northwest National Labora- discoveries that will ultimately benefit viduals who have contributed to the tory, PNNL, in Richland, WA. this Nation as a whole. I want to recog- founding and success of Vashon High During the past 2 years, Dr. Powell nize Dr. Powell for her vision and com- School. The school was named for a has developed a bold strategy to ensure mitment to public service and wish her family with a long tradition of struggle that the Pacific Northwest National much success in her future endeavors.∑ and sacrifice dedicated to the impor- Laboratory will play a significant role f tance of education while battling to sein carrying out the missions of the De- cure civil and human rights for Afri- partment of Energy as we move for- TRIBUTE TO DR. VINCENT can-Americans. Specifically, the school ward into the 21st century. The recent ZECCHINO was named for George B. Vashon, 1824– installation of two major pieces of ∑ Mr. CHAFEE. Mr. President, it is 1878, the first African-American grad- equipment will position the laboratory with great honor that I recognize Dr. uate of Oberlin College, OH in 1844, and to be a leader in molecular research— Vincent Zecchino and his wife, Julia, his son John B. Vashon, 1859–1924, an research that reaches across many dis- for the numerous contributions they outstanding educator in the city of St. ciplines, including environmental have made to the field of medicine in Louis for 34 years, James W. Meyers cleanup, national security, and the life Rhode Island and throughout the served as the first principal of Vashon sciences. The new 9.2 teraflops super- world. I am pleased to say that after a from 1927–1932 and Otto Bohanan, a computer and the 900-megahertz nu- lifetime of achievement, Rhode Island member of the faculty, composed the clear magnetic resonance spectrom- Hospital dedicated their newest facil- school song, ‘‘Vashon We Love’’. Many eter, both of which are part of PNNL’s ity as the Julia and Vincent Zecchino students honed their talents, skills, Environmental Molecular Sciences Pavilion on October 18, 2002. and abilities to become future edu- Laboratory, will attract academia, in- After graduating from the University cators and community leaders from the dustry, and other Government re- of Bologna Medical School in 1936 and positive influence and support of these searchers to the lab in an atmosphere completing his internship at the Long and other influential faculty members. of collaboration and discovery. I had Island College Hospital in 1938, Dr.

VerDate 0ct 31 2002 01:21 Nov 17, 2002 Jkt 019060 PO 00000 Frm 00049 Fmt 4637 Sfmt 0634 E:\CR\FM\A15NO6.028 S15PT1 S11210 CONGRESSIONAL RECORD — SENATE November 15, 2002 Zecchino served his orthopedic and services to the local community. Wide- bifida is diagnosed in 96 percent of chil- fracture residency at Rhode Island Hos- ly respected among the Michigan faith- dren born with this condition. Between pital, which he completed in 1940. Sub- based organizations, their exemplary 70 to 90 percent of the children born sequently, Dr. Zecchino continued his programs take on the issues of poverty with spina bifida are at risk of mental medical training as a fellow at Harvard through hunger initiatives and free retardation when spinal fluid collects Medical School and as a resident at clothing; medical necessities through a around the brain. Boston’s Children Hospital and Mass public health consortium, Alcoholics We must do more to ensure a high General until entering the United Anonymous, and AIDS awareness; as quality of life for people with spina States Army in 1942, Dr. Zecchino well as educational assistance that pro- bifida so more families choose the served the United States in the China vides both college preparation and blessing and joy of having a child with Burma-India Theatre as Chief of Ortho- scholarship programs. this condition. Fortunately, spina pedic Surgery until his discharge as I take great pride in recognizing the bifida is no longer the death sentence Lieutenant Colonel in 1946. efforts of the Hartford Memorial Bap- it once was and now people born with Upon completion of his military serv- tist Church throughout their 85-year spina bifida will likely have a normal ice, Dr. Zecchino returned to Rhode Is- history in the Detroit community. or near normal life expectancy. The land where he joined the orthopedic Their ministry attends to the entire challenge now is to ensure that these staff at Rhode Island Hospital and Mir- person: mind, body and soul. I know individuals have the highest quality of iam Hospital and the faculty of Brown my Senate colleagues will join me in life possible. Medical School. During his illustrious saluting their contributions to society Today, approximately 90 percent of career, Dr. Zecchino also served as and wish them continued success in the all babies diagnosed with this birth de- Chief of Orthopedics at the Veterans future.∑ fect live into adulthood, approximately Hospital, worked and taught at Project f 80 percent have normal IQs, and ap- Hope medical schools in Columbia, Tu- proximately 75 percent participate in SPINA BIFIDA AWARENESS MONTH nisia and Sri Lanka, and was a member sports and other recreational activi- of the Tufts Medical School faculty. ∑ Mrs. HUTCHISON. I rise today to let ties. With proper medical care, people Dr. Zecchino has authored and co-au- my colleagues know that October is who suffer from spina bifida can lead thored numerous articles in medical National Spina Bifida Awareness full and productive lives. However, journals and textbooks. He was criti- Month and to pay tribute to the more they must learn how to move around cally important in the development of than 70,000 Americans—and their fam- using braces, crutches, or wheelchairs, knee prosthesis and its instrumenta- ily members—who are currently af- and how to function independently. tion, and invented the double-edged fected by spina bifida—the Nation’s They also must be careful to avoid a bone cutting ‘‘Z’’ blade bone say. After most common, permanently disabling host of secondary health problems such a long and distinguished career, it birth defect. The Spina Bifida Associa- ranging from depression and learning is especially noteworthy that Dr. tion of America—SBAA—an organiza- disabilities to skin problems and latex Zecchino founded an orthopedic clinic tion that has helped people with spina allergies. for people in need after his retirement bifida and their families for nearly 30 The Spina Bifida Association of in 1982. years, works every day—not just in the Texas has four chapters in San Anto- Throughout his medical career, Dr. month of October—to prevent and re- nio, Austin, Dallas, and Houston. These Zecchino has benefited from the love, duce suffering from this devastating chapters serve the individuals and compassion and commitment of his birth defect. their families with spina bifida in the wife, Julia, who was in a nurse-training The SBAA was founded in 1973 to ad- great state of Texas through a number program when they met. Together, Dr. dress the needs of the individuals and of programs and services including pro- and Mrs. Zecchino have improved the families affected by and is currently viding emergency assistance; running a lives of thousands of people and with the only national organization solely summer camp for children and a week- the dedication of the Julia and Vincent dedicated to advocating on behalf of end retreat for adults; scholarships; Zecchino Pavilion; future generations the spina bifida community. As part of and medical seminars. In addition, the will continue to benefit from the its service through 60 chapters in more Texas Scottish Rite Hospital is the Zecchino’s goodwill, dedication and than 100 communities across the coun- largest single-site interdisciplinary tireless effort to improve the world try, the SBAA puts expecting parents center for the treatment of spina bifida around them.∑ in touch with families who have a child in the United States and provides ongo- f with spina bifida. These families an- ing treatment for more than 13,000 chil- swer questions and concerns and help dren annually, without charge. IN RECOGNITION OF HARTFORD guide expecting parents. The SBAA During the month of October, the MEMORIAL BAPTIST CHURCH ON then works to provide lifelong support SBAA and its chapters make a special THE OCCASION OF THEIR 85TH and assistance for affected children and push to increase public awareness ANNIVERSARY their families. about spina bifida and teach prospec- ∑ Mr. LEVIN. Mr. President, I am Together the SBAA and the Spina tive parents about prevention. Simply pleased to recognize the members of Bifida Association of Texas work tire- by taking a daily dose of the B vita- the Hartford Memorial Baptist Church lessly to help families meet the chal- min, folic acid, found in most multi- for 85 years of dedication and service to lenges and enjoy the rewards of raising vitamins, women of child-bearing age the Detroit community. their child. I would like to acknowl- have the power to reduce the incidence Since 1917, Hartford Memorial Bap- edge and thank SBAA and the Spina of spina bifida by up to 75 percent. tist Church has established an environ- Bifida Association of Texas for all that That such a simple change in habit can ment of strength within the parish they have done for the families af- have such a profound effect should walls as well as throughout the sur- fected by this birth defect, especially leave no question as to the importance rounding community. Through com- those living in my State. of awareness and the impact of preven- mitment to social change, they wel- Spina bifida is a neural tube defect tion. comed the nonconformist insights of that occurs when the central nervous As a member of the Senate Appro- W.E.B. DuBois and Paul Robeson dur- system does not properly close during priations Committee, I am pleased that ing the Civil Rights Movement and the early stages of pregnancy. Spina we provided $2 million in much-needed continue to make significant contribu- bifida affects more than 4,000 preg- funding to establish a National Spina tions to social development through nancies each year, with more than half Bifida Program at the National Center extensive community outreach pro- ending tragically in abortion. There for Birth Defects and Developmental grams. are three different forms of spina bifida Disabilities—NCBDDD—at the Centers The establishment of the Hartford with the most severe being for Disease Control and Prevention— Agape House is one of their current ini- myelomeningocele spina bifida, which CDC—to ensure that those individuals tiatives dedicated toward an urban causes nerve damage and severe dis- living with spina bifida can live active, mission that provides needed social abilities. This severe form of spina productive, and meaningful lives. In

VerDate 0ct 31 2002 23:52 Nov 16, 2002 Jkt 019060 PO 00000 Frm 00050 Fmt 4637 Sfmt 0634 E:\CR\FM\A15NO6.030 S15PT1 November 15, 2002 CONGRESSIONAL RECORD — SENATE S11211 addition, I am proud that we in the H.R. 2458. An act to enhance the manage- H.R. 5611. An act to designate the Federal Senate recently passed by unanimous ment and promotion of electronic Govern- building located at 324 Twenty-Fifth Street consent the Birth Defects and Develop- ment services and processes by establishing in Ogden, Utah, as the ‘‘James V. Hansen a Federal Chief Information Officer within Federal Building’’. mental Disabilities Prevention Act of the Office of Management and Budget, and H.R. 5716. An act to amend the Employee 2002, which takes many critical steps by establishing a broad framework of meas- Retirement Income Security Act of 1974 and that will work to prevent spina bifida ures that require using Internet-based infor- the Public Health Service Act to extend the and to improve quality of life for indi- mation technology to enhance citizen access mental health benefits parity provisions for viduals and families affected by this to Government information and services, and an additional year. terrible birth defect. I am hopeful that for other purposes. H.R. 5728. An act to amend the Internal H.R. 3429. An act to direct the Secretary of Revenue Code of 1986 to provide fairness in the House will act shortly to pass the tax collection procedures and improved ad- measure so it can be sent to the Presi- Transportation to make grants for security improvements to over-the-road bus oper- ministrative efficiency and confidentiality dent for his signature. ations, and for other purposes. and to reform its penalty and interest provi- I again wish to thank the SBAA and H.R. 3747. An act to direct the Secretary of sions. its chapters for all of their hard work the Interior to conduct a study of the site H.R. 5738. An act to amend the Public to prevent and reduce suffering from commonly known as Eagledale Ferry Dock Health Service Act with respect to special this birth defect and for their commit- at Taylor Avenue in the State of Washington diabetes programs for Type I diabetes and In- dians. ment to improve the lives of those for potential inclusion in the National Park System. H.J. Res. 117. A joint resolution approving 70,000 individuals living with spina H.R. 3775. An act to designate the facility the location of the commemorative work in bifida throughout our Nation. I wish of the United States Postal Service located the District of Columbia honoring former the Spina Bifida Association of Amer- at 1502 East Kiest Boulevard in Dallas, President John Adams. ica the best of luck in its future en- Texas, as the ‘‘Dr. Caesar A.W. Clark, Sr. The message further announced that deavors.∑ Post Office Building’’. the House has agreed to the following H.R. 3955. An act to designate certain Na- f concurrent resolutions, in which it re- tional Forest System lands in the Common- quests the concurrence of the Senate: MESSAGES FROM THE HOUSE wealth of Puerto Rico as components of the National Wilderness Preservation System, H. Con. Res. 466. Concurrent resolution rec- At 10:34 a.m., a message from the and for other purposes. ognizing the significance of bread in Amer- House of Representatives, delivered by H.R. 4750. An act to designate certain lands ican history, culture, and daily diet. H. Con. Res. 499. Concurrent resolution in the State of California as components of Mr. Hays, one of its reading clerks, an- honoring George Rogers Clark. nounced that the House has passed the the National Wilderness Preservation Sys- The message also announced that the following bills and joint resolution, tem, and for other purposes. H.R. 5097. An act to adjust the boundaries House agrees to the amendment of the each without amendment: of the Salt River Bay National Park and Ec- Senate to the bill (H.R. 333) to amend S. 1010. An act to extend the deadline for ological Preserve located in St. Croix, Virgin title 11, United States Code, and for commencement of construction of a hydro- Islands. other purposes, with an amendment. electric project in the State of North Caro- H.R. 5280. An act to designate the facility The message further announced that lina. of the United States Postal Service located S. 1226. An act to require the display of the at 2001 East Willard Street in Philadelphia, the House agrees to the report of the POW/MIA flag at the World War II memorial, Pennsylvania, as the ‘‘Robert A. Borski Post committee of conference on the dis- the Korean War Veterans Memorial, and the Office Building’’. agreeing votes of the two Houses on Vietnam Veterans Memorial. H.R. 5334. An act to ensure that a public the amendment of the Senate to the S. 1843. An act to extend certain hydro- safety officer who suffers a fatal heart at- bill (H.R. 4628) to authorize appropria- electric licenses in the State of Alaska. tack or stroke while on duty shall be pre- tions for fiscal year 2003 for intel- S. 1907. An act to direct the Secretary of sumed to have died in the line of duty for ligence and intelligence-related activi- the Interior to convey certain land to the purposes of public safety officer survivor ties of the United States Government, benefits. city of Haines, Oregon. the Community Management Account, S. 1946. An act to amend the National H.R. 5436. An act to extend the deadline for Trails System Act to designate the Old commencement of construction of a hydro- and the Central Intelligence Agency Spanish Trail as a National Historic Trail. electric project in the State of Oregon. Retirement and Disability System, and S. 2239. An act to amend the National H.R. 5495. An act to designate the facility for other purposes. Housing Act to simplify the downpayment of the United States Postal Service located The message also announced that the requirements for FHA mortgage insurance at 115 West Pine Street in Hattiesburg, Mis- House has passed the following bill, for single family homebuyers. sissippi, as the ‘‘Major Henry A. Commiskey, with amendments: S. 2712. An act to authorize economic and Sr. Post Office Building’’. H.R. 5499. An act to reauthorize the HOPE S. 990. An act to amend the Pittman-Rob- democratic development assistance for Af- ertson Wildlife Restoration Act to improve ghanistan and to authorize military assist- VI program for revitalization of severely dis- tressed public housing, and for other pur- the provisions relating to wildlife conserva- ance for Afghanistan and certain other for- tion and restoration programs, and for other eign countries. poses. H.R. 5504. An act to provide for the im- purposes. S. 3044. An act to authorize the Court Serv- provement of the safety of child restraints in The message further announced that ices and Offender Supervision Agency of the passenger motor vehicles, and for other pur- District of Columbia to provide for the inter- the House has passed the following bill, poses. with an amendment: state supervision of offenders on parole, pro- H.R. 5512. An act to provide for an adjust- S. 2017. An act to amend the Indian Financ- bation, and supervised release. ment of the boundaries of Mount Rainier Na- S. 3156. An act to provide a grant for the ing Act of 1974 to improve the effectiveness tional Park, and for other purposes. of the Indian loan guarantee and insurance construction of a new community center in H.R. 5513. An act to provide for a land ex- program. St. Paul, Minnesota, in honor of the late change in the State of Arizona between the Senator Paul Wellstone and his beloved wife, Secretary of Agriculture and Yavapai Ranch The message also announced that the Sheila. Limited Partnership and a land exchange in House passed the following bill, with S.J. Res. 53. A joint resolution relative to the State of Colorado to acquire a private amendments: the convening of the first session of the One inholding in the San Isabel National Forest, S. 2237. An act to amend title 38, United Hundred Eighth Congress. and for other purposes. States Code, to modify and improve authori- The message also announced that the H.R. 5586. An act to designate the facility ties relating to compensation and pension House has passed the following bills of the United States Postal Service located benefits, education, benefits, housing bene- and joint resolution, in which it re- at 141 Erie Street in Linesville, Pennsyl- fits, and other benefits for veterans, to im- vania, as the ‘‘James R. Merry Post Office quests the concurrence of the Senate: prove the administration of benefits for vet- Building’’. erans, and for other purposes. H.R. 628. An act to designate the facility of H.R. 5604. An act to designate the Federal the United States Postal Service located at building and United States courthouse lo- The message further announced that 440 South Orange Blossom Trail in Orlando, cated at 46 East Ohio Street in Indianapolis, the Speaker has signed the following Florida, as the ‘‘Arthur ‘Pappy’ Kennedy Indiana, as the ‘‘Birch Bayh Federal Build- enrolled bills: Post Office’’. ing and United States Courthouse’’. H.R. 1070. An act to amend the Federal H.R. 629. An act to designate the facility of H.R. 5609. An act to designate the facility Water Pollution Control Act to authorize the the United States Postal Service located at of the United States Postal Service located Administrator of the Environmental Protec- 1601–1 Main Street in Jacksonville, Florida, at 600 East 1st Street in Rome, Georgia, as tion Agency to carry out projects and con- as the ‘‘Eddie Mae Steward Post Office’’. the ‘‘Martha Berry Post Office’’. duct research for remediation of sediment

VerDate 0ct 31 2002 23:52 Nov 16, 2002 Jkt 019060 PO 00000 Frm 00051 Fmt 4637 Sfmt 0634 E:\CR\FM\A15NO6.032 S15PT1 S11212 CONGRESSIONAL RECORD — SENATE November 15, 2002 contamination in areas of concern in the EC–9541. A communication from the Ad- EC–9550. A communication from the Ad- Great Lakes, and for other purposes. ministrator, Agriculture Marketing Service, ministrator, Rural Development, Depart- H.R. 2546. An act to amend title 49, United Fruit and Vegetable Programs, Department ment of Agriculture, transmitting, pursuant States Code, to prohibit States from requir- of Agriculture, transmitting, pursuant to to law, the report of a rule entitled ‘‘Farm ing a license or fee on account on the fact law, the report of rule entitled ‘‘Nectarines Labor Housing Technical Assistance’’ that a motor vehicle is providing interstate Grown in California; Decreased Assessment (RIN0575–AC25) received on October 28, 2002; pre-arranged ground transportation service, Rate’’ (Doc. No. FV02–916–2) received on Oc- to the Committee on Agriculture, Nutrition, and for other purposes. tober 15, 2002; to the Committee on Agri- and Forestry. H.R. 3340. An act to amend title 5, United culture, Nutrition, and Forestry. EC–9551. A communication from the Regu- States Code, to allow certain catch-up con- EC–9542. A communication from the Ad- latory Contact, Grain Inspection, Packers tributions to the Thrift Savings Plan to be ministrator, Agriculture Marketing Service, and Stockyards Administration, Department made by participants age 50 or over; to reau- Fruit and Vegetable Programs, Department of Agriculture, transmitting, pursuant to thorize the Merit Systems Protection Board of Agriculture, transmitting, pursuant to law, the report of a rule entitled ‘‘United and the Office of Special Counsel; and for law, the report of rule entitled ‘‘Vidalia On- States Standards for Milled Rice’’ received other purposes. ions Grown in Georgia; Revision of Report- on October 15, 2002; to the Committee on Ag- H.R. 3389. An act to reauthorize the Na- ing and Assessment Requirements’’ (Doc. No. riculture, Nutrition, and Forestry. tional Sea Grant College Program Act, and FV02–955–1) received on October 15, 2002; to EC–9552. A communication from the Assist- for other purposes. the Committee on Agriculture, Nutrition, ant Secretary of Legislative Affairs, Depart- H.R. 3394. An act to authorize funding for and Forestry. ment of State, transmitting, pursuant to the computer and network security research and EC–9543. A communication from the Ad- Arms Export Control Act, the report of a development and research fellowship pro- ministrator, Agriculture Marketing Service, certification of a proposed license for the ex- grams, and for other purposes. Fruit and Vegetable Programs, Department port of defense articles or defense services H.R. 4878. An act to provide for estimates of Agriculture, transmitting, pursuant to sold commercially under a contract in the and reports of improper payments by Federal law, the report of rule entitled ‘‘Oranges, amount of 50,000,000 or more to South Korea; agencies. Grapefruit, Tangerines and Tangelos Grown to the Committee on Foreign Relations. H.R. 5349. An act to facilitate the use of a in Florida; Limiting the Volume of Small EC–9553. A communication from the Assist- portion of the former O’Reilly General Hos- Red Seedless Grapefruit’’ (Doc.No . FV02–905– ant Secretary of Legislative Affairs, Depart- pital in Springfield, Missouri, by the local 5) received on October 15, 2002; to the Com- ment of State, transmitting, pursuant to Boys and Girls Club through the release of mittee on Agriculture, Nutrition, and For- law, the report of a rule entitled ‘‘Visas: the reversionary interests retained by the estry. Aliens Ineligible to Transit Without Visas United States in 1955 when the land was con- EC–9544. A communication from the Ad- (TWOV), As Amended’’ (RIN1400–AA48); to veyed to the State of Missouri. ministrator, Agriculture Marketing Service, the Committee on Foreign Relations. EC–9554. A communication from the Acting Fruit and Vegetable Programs, Department The enrolled bills were signed subse- Assistant Secretary of Legislative Affairs, of Agriculture, transmitting, pursuant to quently by the President pro tempore Department of State, transmitting, pursuant law, the report of rule entitled to law, the report of an amended rule enti- (Mr. BYRD). ‘‘Establishment of Minimum Quality and tled ‘‘Schedule of Fees for Consular Services, At 11:26 a.m., a message from the Handling Standards for Domestic and Im- Department of State and Overseas Embassies House of Representatives, delivered by ported Peanuts Marketed in the United and Consulate’’ (22 CFR Part 22) received on Mr. Hays, one of its reading clerks, an- States and Termination of the Peanut Mar- October 28, 2002; to the Committee on For- keting Agreement and Associated Rules and nounced that the House has passed the eign Relations. following bill, in which it requests the Regulation’’ (Doc. No. FV02–996–1) received EC–9555. A communication from the Assist- concurrence of the Senate: on October 15, 2002; to the Committee on Ag- ant Secretary of Legislative Affairs, Depart- riculture, Nutrition, and Forestry. H.R. 4883. An act to reauthorize the Hydro- ment of State, transmitting, pursuant to EC–9545. A communication from the Ad- law, the report of a certification regarding graphic Services Improvement Act of 1998, ministrator, Agriculture Marketing Service, and for other purposes. the proposed transfer of major defense equip- Fruit and Vegetable Programs, Department ment valued (in terms of its original acquisi- f of Agriculture, transmitting, pursuant to tion cost) at $14,000,000 or more to United EXECUTIVE AND OTHER law, the report of rule entitled ‘‘Pork Pro- Arab Emirates; to the Committee on Foreign motion, Research and Consumer Information COMMUNICATIONS Relations. Order: Rules and Regulations—Decrease in EC–9556. A communication from the Assist- The following communications were Assessment Rate and Decrease of Importer ant Secretary of Legislative Affairs, Depart- laid before the Senate, together with Assessments’’ (Doc. No. LS–02–09) received ment of State, transmitting, pursuant to the accompanying papers, reports, and doc- on October 15, 2002; to the Committee on Ag- Arms Export Control Act, the report of a uments, which were referred as indi- riculture, Nutrition, and Forestry. certification of a proposed manufacturing li- EC–9546. A communication from the Ad- cated: cense for the export of defense articles or ministrator, Foreign Agriculture Service, services sold commercially in the amount of EC–9537. A communication from the Sec- Department of Agriculture, transmitting, $50,000,000 or more to the Republic of Korea; retary of Health and Human Services, trans- pursuant to law, the report of a rule entitled to the Committee on Foreign Relations. mitting, pursuant to law, a report on Fiscal ‘‘Technical Assistance for Specialty Crops EC–9557. A communication from the Assist- Year 2000 relative to Low Income Home En- Program’’ (RIN0551–AA63) received on Octo- ant Secretary of Legislative Affairs, Depart- ergy Assistance Program (LIHEAP); to the ber 28, 2002; to the Committee on Agri- ment of State, transmitting, pursuant to the Committee on Health, Education, Labor, and culture, Nutrition, and Forestry. Arms Export Control Act, the report of a Pensions. EC–9547. A communication from the Con- certification of a proposed manufacturing li- EC–9538. A communication from the Ad- gressional Review Coordinator, Animal and cense for the export of defense articles or ministrator, Farm Service Agency, Depart- Plant Health Inspection Service, Department services sold commercially in the amount of ment of Agriculture, transmitting, pursuant of the Agriculture, transmitting, pursuant to $50,000,000 or more to the United Kingdom; to to law, the report of a rule entitled ‘‘7 CFR law, the report of a rule entitled ‘‘Irradiation the Committee on Foreign Relations. 1412—Peanut Buyout Program’’ (RIN0560– Phytosanitary Treatment of Imported Fruits EC–9558. A communication from the Assist- AG71) received on October 28, 2002; to the and Vegetables’’ (Doc. No. 98–030–4) received ant Secretary of Legislative Affairs, Depart- Committee on Agriculture, Nutrition, and on October 28, 2002; to the Committee on Ag- ment of State, transmitting, pursuant to the Forestry. riculture, Nutrition, and Forestry. Arms Export Control Act, the report of a EC–9539. A communication from the Ad- EC–9548. A communication from the Con- certification of a proposed manufacturing li- ministrator, Farm Service Agency, Depart- gressional Review Coordinator, Animal and cense for the export of defense articles or ment of Agriculture, transmitting, pursuant Plant Health Inspection Service, Department services sold commercially in the amount of to law, the report of a rule entitled ‘‘2002 of the Agriculture, transmitting, pursuant to $50,000,000 or more to the United Kingdom; to Farm Security and Rural Investment Act of law, the report of a rule entitled the Committee on Foreign Relations. 2002 Sugar Program and Farm Facility Stor- ‘‘Importation of Clementines from Spain’’ EC–9559. A communication from the Assist- age Loan Program’’ (RIN0560–AG73) received (Doc. No. 02–023–4) received on October 28, ant Secretary of Legislative Affairs, Depart- on October 28, 2002; to the Committee on Ag- 2002; to the Committee on Agriculture, Nu- ment of State, transmitting, pursuant to the riculture, Nutrition, and Forestry. trition, and Forestry. Arms Export Control Act, the report of a EC–9540. A communication from the Ad- EC–9549. A communication from the Ad- certification of a proposed manufacturing li- ministrator, Farm Service Agency, Depart- ministrator, Food and Nutrition Service, De- cense for the export of defense articles or ment of Agriculture, transmitting, pursuant partment of Agriculture, transmitting, pur- services sold commercially in the amount of to law, the report of a rule entitled ‘‘Apple suant to law, the report of a rule entitled $50,000,000 or more to the United Kingdom; to Market Loss Assistance Program II’’ ‘‘Codification of Poultry Substitution and the Committee on Foreign Relations. (RIN0560–AG63) received on October 28, 2002; Modification of Commodity Inventory Con- EC–9560. A communication from the Assist- to the Committee on Agriculture, Nutrition, trols for Recipient Agencies’’ (RIN0584–AD08) ant Secretary of Legislative Affairs, Depart- and Forestry. received on October 21, 2002. ment of State, transmitting, pursuant to the

VerDate 0ct 31 2002 01:21 Nov 17, 2002 Jkt 019060 PO 00000 Frm 00052 Fmt 4637 Sfmt 0634 E:\CR\FM\A15NO6.034 S15PT1 November 15, 2002 CONGRESSIONAL RECORD — SENATE S11213 Arms Export Control Act, the report of a EC–9570. A communication from the Assist- the Office of Police Corps and Law Enforce- certification of a proposed manufacturing li- ant Secretary of Legislative Affairs, Depart- ment Education for calendar year 2000; to cense for the export of defense articles or ment of State, transmitting, pursuant to the the Committee on the Judiciary. services sold commercially in the amount of Arms Export Control Act, the report of a EC–9581. A communication from the Direc- $100,000,000 or more to Japan; to the Com- certification of a proposed license agreement tor, Regulations and Forms Services Divi- mittee on Foreign Relations. involving the manufacture abroad of signifi- sion, Immigration and Naturalization Serv- EC–9561. A communication from the Assist- cant military equipment to The United King- ice, Department of Justice, transmitting, ant Secretary of Legislative Affairs, Depart- dom, Chile, and Germany; to the Committee pursuant to law, the report of a rule entitled ment of State, transmitting, pursuant to the on Foreign Relations. ‘‘Passenger Data Elements for the Visa Arms Export Control Act, the report of a EC–9571. A communication from the Assist- Waiver Program’’ received on October 15, certification of a proposed manufacturing li- ant Secretary of Legislative Affairs, Depart- 2002; to the Committee on the Judiciary. cense involving the manufacture of Signifi- ment of State, transmitting, pursuant to the EC–9582. A communication from the Acting cant Military Equipment to the United King- Arms Export Control Act, the report of a Secretary of Defense, transmitting, the re- dom; to the Committee on Foreign Rela- certification of a proposed license agreement port of a retirement; to the Committee on tions. involving the manufacture abroad of signifi- Armed Services. EC–9583. A communication from the Under EC–9562. A communication from the Assist- cant military equipment to Italy; to the ant Secretary of Legislative Affairs, Depart- Secretary of Defense for Acquisition and Committee on Foreign Relations. Technology, transmitting, pursuant to law, a ment of State, transmitting, pursuant to the EC–9572. A communication from the Assist- report entitled ‘‘Defense Environmental Arms Export Control Act, the report of a ant Secretary of Legislative Affairs, Depart- Quality Program Annual Report’’ for fiscal certification of a proposed manufacturing li- ment of State, transmitting, pursuant to the cense for the export of defense articles or year 2001; to the Committee on Armed Serv- Arms Export Control Act, the report of a ices. services sold commercially in the amount of certification of a proposed license for the ex- $50,000,000 or more to Kuwait; to the Com- EC–9584. A communication from the Dep- port of defense articles and services sold uty Secretary of Defense, transmitting, pur- mittee on Foreign Relations. commercially under contract in the amount EC–9563. A communication from the Assist- suant to law, the report relative to the ren- of $14,000,000 or more to Austria; to the Com- ovation of the Pentagon; to the Committee ant Secretary of Legislative Affairs, Depart- mittee on Foreign Relations. ment of State, transmitting, pursuant to the on Armed Services. EC–9573. A communication from the Assist- EC–9585. A communication from the Under Arms Export Control Act, the report of a ant Secretary, Legislative Affairs, Depart- Secretary of Defense, Acquisition and Tech- certification of a proposed license for the ex- ment of State, transmitting, pursuant to nology, transmitting, pursuant to law, the port of defense articles or services sold com- Global Project Authorization and Arms Ex- report for Department purchases from for- mercially in the amount of $50,000,000 or port Control Act, the report of a certifi- eign entities in Fiscal Year 2001; to the Com- more to Taiwan; to the Committee on For- cation of a export license involving technical mittee on Armed Services. eign Relations. data and defense services to Australia; to the EC–9586. A communication from the Sec- EC–9564. A communication from the Assist- Committee on Foreign Relations. retary of Energy, transmitting, pursuant to ant Secretary of Legislative Affairs, Depart- EC–9574. A communication from the Assist- law, the report relative to the material pro- ment of State, transmitting, pursuant to the ant Secretary of Legislative Affairs, Depart- tection, control, and accounting of fissile Arms Export Control Act, the report of a ment of State, transmitting, pursuant to the materials in Russia; to the Committee on certification of a proposed manufacturing li- Arms Export Control Act, the report of a Armed Services. cense for the export of defense articles or certification of a proposed license for the ex- EC–9587. A communication from the Direc- services sold commercially in the amount of port of defense articles or defense services tor, Defense Procurement, Department of $50,000,000 or more to the Israel; to the Com- sold commercially under a contract in the Defense, transmitting, pursuant to law, the mittee on Foreign Relations. report of a rule entitled ‘‘Performance-Based EC–9565. A communication from the Assist- amount of 100,000,000 or more to the United Kingdom; to the Committee on Foreign Rela- Contracting Using Federal Acquisition Regu- ant Secretary of Legislative Affairs, Depart- lation Part 12 Procedures’’ (DFARS Case ment of State, transmitting, pursuant to the tions. EC–9575. A communication from the Assist- 2000–D306) received on October 28, 2002; to the Arms Export Control Act, the report of a Committee on Armed Services. certification of a proposed license for the ex- ant Secretary of Legislative Affairs, Depart- ment of State, transmitting, pursuant to the EC–9588. A communication from the Direc- port of defense articles or services sold com- tor, Defense Procurement, Department of mercially in the amount of $50,000,000 or Arms Export Control Act, the report of a certification of a proposed license for the ex- Defense, transmitting, pursuant to law, the more to South Korea; to the Committee on report of a rule entitled ‘‘Caribbean Basin port of defense articles or defense services Foreign Relations. Country—Honduras’’ (DFARS Case 2002– sold commercially under a contract in the EC–9566. A communication from the Assist- DO28) received on October 28, 2002; to the amount of 100,000,000 or more to Japan; to ant Secretary of Legislative Affairs, Depart- Committee on Armed Services. ment of State, transmitting, pursuant to the the Committee on Foreign Relations. EC–9589. A communication from the Direc- EC–9576. A communication from the Assist- Arms Export Control Act, the report of a tor, Defense Procurement, Department of ant Secretary of Legislative Affairs, Depart- certification of a proposed license for the ex- Defense, transmitting, pursuant to law, the ment of State, transmitting, pursuant to the port of defense articles or services sold com- report of a rule entitled ‘‘Contracting Offi- Arms Export Control Act, the report of a mercially in the amount of $50,000,000 or cer—Qualifications’’ (DFARS Case 2002– more to Israel; to the Committee on Foreign certification of a proposed license for the ex- DO21) received on October 28, 2002; to the Relations. port of defense articles or defense services Committee on Armed Services. EC–9567. A communication from the Assist- sold commercially under a contract in the EC–9590. A communication from the Direc- ant Secretary, Office of Legislative Affairs, amount of 100,000,000 or more to Japan; to tor, Defense Procurement, Department of Department of State, transmitting, pursuant the Committee on Foreign Relations. Defense, transmitting, pursuant to law, the to the Foreign Operations Export Financing EC–9577. A communication from the Assist- report of a rule entitled ‘‘Competition Re- and Related Programs Appropriations Act, ant Secretary of Legislative Affairs, Depart- quirements for Purchase of Services Under 2002, a notification that the President has ment of State, transmitting, pursuant to the Multiple Award Contracts’’ received on Octo- exercised the authority provided to him and Arms Export Control Act, the report of a ber 28, 2002; to the Committee on Armed has issued the required determination to certification of a proposed license for the ex- Services. waive certain restrictions on the mainte- port of defense articles or defense services EC–9591. A communication from the Direc- nance of a Palestine Liberation Organization sold commercially under a contract in the tor, Defense Procurement, Department of (PLO) Office and on expenditure of PLO amount of 100,000,000 or more to Japan; to Defense, transmitting, pursuant to law, the funds for a period of six months; to the Com- the Committee on Foreign Relations. report of a rule entitled ‘‘Performance of mittee on Foreign Relations. EC–9578. A communication from the Assist- Secretary Functions’’ received on October 9, EC–9568. A communication from the Assist- ant Legal Adviser for Treaty Affairs, Depart- 2002; to the Committee on Armed Services. ant Secretary of Legislative Affairs, Depart- ment of State, transmitting, pursuant to EC–9592. A communication from the Direc- ment of State, transmitting, pursuant to the law, agreements relative to treaties entered tor, Defense Procurement, Department of Arms Export Control Act, the report of a into by the United States under the Case-Za- Defense, transmitting, pursuant to law, the certification of a proposed license agreement blocki Act; to the Committee on Foreign Re- report of a rule entitled ‘‘Partnership Agree- involving the manufacture abroad of signifi- lations. ment Between Department of Defense and cant military equipment to Spain; to the EC–9579. A communication from the Sec- the Small Business Administration’’ re- Committee on Foreign Relations. retary of the Federal Trade Commission, ceived on October 9, 2002; to the Committee EC–9569. A communication from the Assist- transmitting, pursuant to law, the report on Armed Services. ant Secretary of Legislative Affairs, Depart- relative to the operation of the premerger EC–9593. A communication from the Direc- ment of State, transmitting, pursuant to the notification program; to the Committee on tor, Defense Procurement, Department of Arms Export Control Act, the report of a the Judiciary. Defense, transmitting, pursuant to law, the certification of a proposed license agreement EC–9580. A communication from the Assist- report of a rule entitled ‘‘Department of De- involving the manufacture abroad of signifi- ant Attorney General, Office of Legislative fense Pilot Mentor—Protege Program’’ re- cant military equipment to Japan; to the Affairs, Department of Justice, transmit- ceived on October 9, 2002; to the Committee Committee on Foreign Relations. ting, pursuant to law, the annual report of on Armed Services.

VerDate 0ct 31 2002 23:52 Nov 16, 2002 Jkt 019060 PO 00000 Frm 00053 Fmt 4637 Sfmt 0634 E:\CR\FM\A15NO6.035 S15PT1 S11214 CONGRESSIONAL RECORD — SENATE November 15, 2002 EC–9594. A communication from the Direc- SUBMISSION OF CONCURRENT AND DURBIN) was added as a cosponsor of S. tor, Defense Procurement, Department of SENATE RESOLUTIONS 3114, a bill to ensure that a public safe- Defense, transmitting, pursuant to law, the The following concurrent resolutions ty officer who suffers a fatal heart at- report of a rule entitled ‘‘Preference for tack or stroke while on duty shall be Local 8(a) Contractors—Base Closure or Re- and Senate resolutions were read, and alignment’’ received on October 9, 2002; to referred (or acted upon), as indicated: presumed to have died in the line of the Committee on Armed Services. By Mr. BIDEN: duty for purposes of public safety offi- EC–9595. A communication from the Direc- S. Res. 358. A resolution congratulating the cer survivor benefits. tor, Defense Procurement, Department of people of Mozambique on their successful ef- S.J. RES. 35 Defense, transmitting, pursuant to law, the forts to establish, build, and maintain peace At the request of Mrs. FEINSTEIN, the report of a rule entitled ‘‘Competition Re- in their country for the past ten years, and name of the Senator from Maine (Ms. quirements for Purchases from a Required for other purposes; considered and agreed to. SNOWE) was added as a cosponsor of Source’’ received on October 9, 2002; to the By Mr. NELSON of Florida (for himself S.J. Res. 35, a joint resolution pro- Committee on Armed Services. and Mr. SMITH of Oregon): S. Con. Res. 158. A concurrent resolution posing an amendment to the Constitu- f urging the Government of Egypt and other tion of the United States to protect the REPORTS OF COMMITTEES Arab governments not to allow their govern- rights of crime victims. ment-controlled television stations to broad- S. RES. 325 The following reports of committees cast any program that lends legitimacy to At the request of Mr. SESSIONS, the were submitted: the Protocols of the Elders of Zion, and for name of the Senator from Utah (Mr. By Mr. KENNEDY, from the Committee on other purposes; to the Committee on Foreign Relations. BENNETT) was added as a cosponsor of Health, Education, Labor, and Pensions, S. Res. 325, resolution designating the with an amendment in the nature of a sub- f stitute: month of September 2002 as ‘‘National S. 1284: A bill to prohibit employment dis- ADDITIONAL COSPONSORS Prostate Cancer Awareness Month’’. crimination on the basis of sexual orienta- S. 847 AMENDMENT NO. 4911 tion. (Rept. No. 107–341). At the request of Mr. DAYTON, the At the request of Mr. BYRD, his name By Mr. JEFFORDS, from the Committee name of the Senator from Maine (Ms. was added as a cosponsor of amend- on Environment and Public Works, with an SNOWE) was added as a cosponsor of S. ment No. 4911 proposed to H.R. 5005, a amendment in the nature of a substitute: bill to establish the Department of S. 1602: A bill to help protect the public 847, a bill to impose tariff-rate quotas against the threat of chemical attack. (Rept. on certain casein and milk protein con- Homeland Security, and for other pur- No. 107–342). centrates. poses. By Mr. LIEBERMAN, from the Committee S. 2215 AMENDMENT NO. 4911 on Governmental Affairs: At the request of Mrs. BOXER, the At the request of Mr. CORZINE, his Report to accompany S. 3054, a bill to pro- name of the Senator from Texas (Mr. name was added as a cosponsor of vide for full voting representation in Con- GRAMM) was added as a cosponsor of S. amendment No. 4911 proposed to H.R. gress for the citizens of the District of Co- 2215, a bill to halt Syrian support for 5005, supra. lumbia, and for other purposes. (Rept. No. 107–343). terrorism, end its occupation of Leb- AMENDMENT NO. 4911 anon, stop its development of weapons At the request of Mr. LIEBERMAN, the f of mass destruction, cease its illegal name of the Senator from Rhode Island NOMINATION DISCHARGED importation of Iraqi oil, and by so (Mr. REED) was added as a cosponsor of doing hold Syria accountable for its amendment No. 4911 proposed to H.R. The following nomination was dis- role in the Middle East, and for other 5005, supra. charged from the Committee on For- purposes. AMENDMENT NO. 4953 eign Relations pursuant to the order of S. 2573 At the request of Mr. BYRD, his name November 15, 2002: At the request of Mr. REED, the name was added as a cosponsor of amend- DEPARTMENT OF STATE of the Senator from Louisiana (Ms. ment No. 4953 proposed to H.R. 5005, a Mary Carlin Yates, of Oregon, a Career LANDRIEU) was added as a cosponsor of bill to establish the Department of Member of the Senior Foreign Service, Class S. 2573, a bill to amend the McKinney- Homeland Security, and for other pur- of Minister-Counselor, to be Ambassador Ex- traordinary and Plenipotentiary of the Vento Homeless Assistance Act to re- poses. United States of America to the Republic of authorize the Act, and for other pur- AMENDMENT NO. 4953 Ghana. poses. At the request of Mrs. MURRAY, her S. 2626 name and the name of the Senator f At the request of Mr. KENNEDY, the from New Jersey (Mr. CORZINE) were INTRODUCTION OF BILLS AND name of the Senator from Arkansas added as cosponsors of amendment No. JOINT RESOLUTIONS (Mrs. LINCOLN) was added as a cospon- 4953 proposed to H.R. 5005, supra. The following bills and joint resolu- sor of S. 2626, a bill to protect the pub- AMENDMENT NO. 4953 tions were introduced, read the first lic health by providing the Food and At the request of Mr. REED, his name and second times by unanimous con- Drug Administration with certain au- was added as a cosponsor of amend- sent, and referred as indicated: thority to regulate tobacco products. ment No. 4953 proposed to H.R. 5005, S. 2945 By Mr. BREAUX: supra. S. 3170. A bill to authorize Chief Judge At the request of Mr. WYDEN, the AMENDMENT NO. 4960 Richard T. Haik, of the western district of name of the Senator from Virginia (Mr. At the request of Mr. SARBANES, his Louisiana, to participate in the retirement WARNER) was added as a cosponsor of S. name was added as a cosponsor of program provided for judicial officials under 2945, to authorize appropriations for amendment No. 4960 proposed to H.R. section 376 of title 28, United States Code; to nanoscience, nanoengineering, and 3529, a bill to provide tax incentives for the Committee on the Judiciary. nanotechnology research, and for other economic recovery and assistance to By Mr. INHOFE: purposes. S. 3171. A bill to amend the impact aid pro- displaced workers. S. 2991 gram under the Elementary and Secondary AMENDMENT NO. 4960 Education Act of 1965 to improve the deliv- At the request of Mr. TORRICELLI, the At the request of Mrs. CLINTON, the ery of payments under the program to local name of the Senator from New Jersey names of the Senator from Massachu- educational agencies; to the Committee on (Mr. CORZINE) was added as a cosponsor setts (Mr. KENNEDY) and the Senator Health, Education, Labor, and Pensions. of S. 2991, a bill for the relief of Sharif from Illinois (Mr. DURBIN) were added By Mr. BOND (for himself, Mr. KERRY, Kesbeh, Asmaa Sharif Kesbeh, Batool as cosponsors of amendment No. 4960 Mr. DOMENICI, Mr. CONRAD, Mr. Kesbeh, Noor Sharif Kesbeh, Alaa proposed to H.R. 3529, supra. BURNS, Ms. LANDRIEU, Ms. SNOWE, Kesbeh, Sandos Kesbeh, Hadeel Kesbeh, and Mr. HARKIN): f S. 3172. A bill to improve the calculation of and Mohanned Kesbeh. S. 3114 STATEMENTS ON INTRODUCED the Federal subsidy rate with respect to cer- BILLS AND JOINT RESOLUTIONS tain small business loans, and for other pur- At the request of Mr. LEAHY, the poses; considered and passed. name of the Senator from Illinois (Mr. By Mr. INHOFE:

VerDate 0ct 31 2002 23:52 Nov 16, 2002 Jkt 019060 PO 00000 Frm 00054 Fmt 4637 Sfmt 0634 E:\CR\FM\A15NO6.035 S15PT1 November 15, 2002 CONGRESSIONAL RECORD — SENATE S11215 S. 3171. A bill to amend the impact SUBMITTED RESOLUTIONS SENATE CONCURRENT RESOLU- aid program under the Elementary and TION 158—URGING THE GOVERN- Secondary Education Act of 1965 to im- MENT OF EGYPT AND OTHER prove the delivery of payments under ARAB GOVERNMENTS NOT TO the program to local educational agen- SENATE RESOLUTION 358—CON- ALLOW THEIR GOVERNMENT- GRATULATING THE PEOPLE OF CONTROLLED TELEVISION STA- cies; to the Committee on Health, Edu- MOZAMBIQUE ON THEIR SUC- TIONS TO BROADCAST ANY PRO- cation, Labor, and Pensions. CESSFUL EFFORTS TO ESTAB- GRAM THAT LENDS LEGITIMACY Mr. INHOFE. Mr. President, today I LISH, BUILD, AND MAINTAIN TO THE PROTOCOLS OF THE EL- am introducing a bill to make the Im- PEACE IN THEIR COUNTRY FOR DERS OF ZION, AND FOR OTHER pact Aid Program a Federal entitle- THE PAST TEN YEARS, AND FOR PURPOSES ment. OTHER PURPOSES Mr. NELSON of Florida (for himself and Mr. SMITH of Oregon) submitted Over the past few years, the need for Mr. BIDEN submitted the following the following concurrent resolution; a change in the delivery of Impact Aid resolution; which was considered and payments to eligible school districts which was referred to the Committee agreed to: on Foreign Relations: has become increasingly clear. Impact Whereas, on October 4, 1992, having over- Aid was originally designed to com- come the hardships of a colonial struggle, S. CON. RES. 158 pensate a local school district for fi- decolonization, and armed regional and na- Whereas in November 2002, a number of tional conflict, the people of Mozambique, government-controlled television stations in nancial losses caused by a Federal pres- the parties to the civil war in Mozambique, Egypt began broadcasting a multi-part se- ence in that district, whether due to a and the leadership of Mozambique reached a ries, ‘‘Horseman Without a Horse’’, based on military base or to other designated peaceful settlement to the devastating 16- the Protocols of the Elders of Zion and con- Federal land in the community. Con- year civil war; spiracy myths about Jewish global domina- Whereas this peace was facilitated by the tion; gress met its obligation and fully fund- good offices of the Comunita di Sant’ Egidio Whereas the Protocols of the Elders of ed the program for the first twenty in Rome and supported by regional friends Zion are a notorious forgery, written by Rus- years of its existence. When the fund- and the international community; sian anti-Semites in the early 20th century, ing was cut in 1971, appropriations for Whereas in 1994 and 1999 Mozambique held which purport to reveal a plot for Jewish Impact Aid were allocated for school multi-party elections deemed free and fair domination of the world; by the international community; Whereas the Protocols of the Elders of districts according to a need-based for- Whereas this peace has been consolidated Zion have been a staple of anti-Semitic and mula. In subsequent years, multiple and strengthened by Mozambique civil soci- anti-Israel propaganda for decades and have changes in the law have revised and ety, helping to keep the Government of Mo- long since been discredited by all reputable further complicated both the formula zambique on a course of political and eco- scholars; nomic reforms despite the challenges cur- Whereas the broadcast of this series takes and the additional factors that deter- rently presented by HIV/AIDS, floods, place in the context of a sustained pattern of mine funding for each district. The re- droughts, and regional instability; vitriolic anti-Semitic commentary and de- sult of these numerous revisions has Whereas the Government of Mozambique pictions in the Egyptian government-spon- been large payment disparities for the has initiated sound economic reforms, in- sored press, which has gone unanswered by the Government of Egypt; and same types of students in different dis- cluding the privatization of state-run enterprises, the reduction and simplification of Whereas the Department of State has tricts, as well as inherent flaws in re- import tariffs, and the liberalization of agri- urged Egypt and other Arab states not to imbursements due to how school dis- cultural markets, resulting in extraordinary broadcast this program, saying ‘‘We don’t tricts are defined in different states. economic growth; think government TV stations should be Whereas the resources that have become broadcasting programs that we consider rac- I have consistently defended in- available by Mozambique’s participation in ist and untrue’’: Now, therefore, be it creased appropriations for Impact Aid the Highly Indebted Poor Countries Initia- Resolved by the Senate (the House of Rep- not only because it is a vital source of tive have been responsibly channeled by the resentatives concurring), That Congress— revenue for many local school districts, Government of Mozambique into anti-pov- (1) condemns any publication or program erty programs; that lends legitimacy to the Protocols of the but also because it constitutes a clear- Whereas, despite the progress that Mozam- Elders of Zion; cut Federal responsibility. When the bique has made, more than one-half of the (2) believes the use of such heinous propa- Federal Government’s presence in a people of Mozambique over 15 years of age ganda, especially in the Arab world, serves community detracts from the local tax are illiterate, twenty-eight percent of the to incite popular sentiment against Jewish people and the State of Israel rather than base, which often comprises nearly 90 children under five are malnourished, infant mortality stands at more than 12 percent, promoting religious tolerance and preparing percent of local schools’ funding, we and life expectancy is only 42 years; Arab populations for the prospect of peace must compensate for the lost funds. Whereas the United States values demo- with Israel; When we do not do so, the children suf- cratic principles, the rule of law, peace, and (3) commends the Department of State for fer the consequences. stability in all nations that comprise the its denunciation of the ‘‘Horseman Without a community of states; and Horse’’ television series and its efforts to dis- Despite increases in the past few Whereas Mozambique has been trans- courage Arab states from broadcasting it; years, Impact Aid remains substan- formed from a war-torn country to one and tially under-funded. We can no longer where political disputes are settled through (4) urges the Government of Egypt and peaceful means: Now, therefore, be it other Arab governments— ignore the inequity this causes in edu- (A) not to allow their government-con- Resolved, That the Senate— cating our students. It is for this rea- trolled television stations to broadcast this (1) congratulates the people of Mozambique program or any other racist and untrue ma- son that I have introduced this bill on ten years of continued peace and growing terial; and today. When this legislation becomes democracy and commends the Government (B) to speak out against such incitement of Mozambique for continued economic and law, Congress will be required to meet by vigorously and publicly condemning anti- political reforms; its obligation to the children and the Semitism as a form of bigotry. (2) salutes the Comunita di Sant’ Egidio schools that have been negatively im- for using its good offices to facilitate and f pacted for so long. I urge my colleagues mediate the peace process that led to the Oc- AMENDMENTS SUBMITTED AND to join me in supporting our local tober 4, 1992, agreement; PROPOSED schools by permanently fully funding (3) recognizes the indispensable role that the Impact Aid program. civil society in Mozambique has played in SA 4962. Mr. GRAMM submitted an amend- both achieving peace and deepening demo- ment intended to be proposed to amendment cratic reforms; and SA 4902 proposed by Mr. LIEBERMAN (for him- (4) stands ready to assist the Government self, Mr. MCCAIN, and Mr. NELSON of Ne- of Mozambique on a variety of programs, in- braska) to the amendment SA 4901 proposed cluding humanitarian and development as- by Mr. THOMPSON (for Mr. GRAMM (for him- sistance, HIV/AIDS prevention, and tech- self, Mr. MILLER, Mr. THOMPSON, Mr. nical assistance to fight corruption. BARKLEY, and Mr. VOINOVICH)) to the bill

VerDate 0ct 31 2002 23:52 Nov 16, 2002 Jkt 019060 PO 00000 Frm 00055 Fmt 4637 Sfmt 0634 E:\CR\FM\A15NO6.043 S15PT1 S11216 CONGRESSIONAL RECORD — SENATE November 15, 2002 H.R. 5005, to establish the Department of incurred qualifying crop losses for the 2001 or Emergency Deficit Control Act of 1985 (2 Homeland Security, and for other purposes; 2002 crop, or both, due to damaging weather U.S.C. 900 et seq.). which was ordered to lie on the table. or related condition, as determined by the (2) DESIGNATION.—The entire amount made SA 4963. Mr. GRAMM submitted an amend- Secretary. available under this subsection is designated ment intended to be proposed to amendment (2) ADMINISTRATION.—The Secretary shall by Congress as an emergency requirement SA 4940 submitted by Mr. DODD and intended make assistance available under this sub- under sections 251(b)(2)(A) and 252(e) of that to be proposed to the amendment SA 4901 section in the same manner as provided Act (2 U.S.C. 901(b)(2)(A), 902(e)). proposed by Mr. THOMPSON (for Mr. GRAMM under section 815 of the Agriculture, Rural (f) BUDGETARY TREATMENT.—Notwith- (for himself, Mr. MILLER, Mr. THOMPSON, Mr. Development, Food and Drug Administra- standing Rule 3 of the Budget Scorekeeping BARKLEY, and Mr. VOINOVICH)) to the bill tion, and Related Agencies Appropriations Guidelines set forth in the Joint Explana- H.R. 5005, supra; which was ordered to lie on Act, 2001 (Public Law 106–387; 114 Stat. 1549A– tory Statement of the Committee of Con- the table. 55), including using the same loss thresholds ference accompanying Conference Report No. SA 4964. Mr. NELSON, of Nebraska (for for the quantity and quality losses as were 105–217, the provisions of this section that himself, Mr. HARKIN, and Mr. JOHNSON) sub- used in administering that section. would have been estimated by the Office of mitted an amendment intended to be pro- (3) CROP INSURANCE.—In carrying out this Management and Budget as changing direct posed by him to the joint resolution H.J. subsection, the Secretary shall not discrimi- spending or receipts under section 252 of the Res. 124, making further continuing appro- nate against or penalize producers on a farm Balanced Budget and Emergency Deficit priations for the fiscal year 2003, and for that have purchased crop insurance under Control Act of 1985 (2 U.S.C. 902) were it in- other purposes; which was ordered to lie on the Federal Crop Insurance Act (7 U.S.C. 1501 cluded in an Act other than an appropriation the table. et seq.). Act shall be treated as direct spending or re- f (b) LIVESTOCK ASSISTANCE PROGRAM.— ceipts legislation, as appropriate, under sec- (1) IN GENERAL.—The Secretary shall use tion 252 of the Balanced Budget and Emer- TEXT OF AMENDMENTS such sums as are necessary of funds of the gency Deficit Control Act of 1985 (2 U.S.C. SA 4962. Mr. GRAMM submitted an Commodity Credit Corporation as are nec- 902). amendment intended to be proposed to essary to make and administer payments for livestock losses to producers for 2001 or 2002 f amendment SA 4902 proposed by Mr. losses, or both, in a county that has received LIEBERMAN (for himself, Mr. MCCAIN, a corresponding emergency designation by EXECUTIVE SESSION and Mr. NELSON of Nebraska) to the the President or the Secretary, of which an amendment SA 4901 proposed by Mr. amount determined by the Secretary shall be THOMPSON (for Mr. GRAMM (for himself, made available for the American Indian live- EXECUTIVE CALENDAR Mr. MILLER, Mr. THOMPSON, Mr. stock program under section 806 of the Agri- BARKLEY and Mr. VOINOVICH)) to the culture, Rural Development, Food and Drug Mr. REID. Mr. President, I ask unan- bill H.R. 5005, to establish the Depart- Administration, and Related Agencies Ap- imous consent that the Senate proceed propriations Act, 2001 (Public Law 106–387; to executive session to consider the fol- ment of Homeland Security, and for 114 Stat. 1549A–51). other purposes; which was ordered to lowing calendar numbers: No. 1177 and (2) ADMINISTRATION.—The Secretary shall No. 1179; that the nominations be con- lie on the table; as follows: make assistance available under this section firmed, the motions to reconsider be Strike all in the pending amendment No. in the same manner as provided under sec- 4902 and insert in lieu thereof the following: tion 806 of the Agriculture, Rural Develop- laid on the table, the President be im- Notwithstanding any other provision of ment, Food and Drug Administration, and mediately notified of the Senate’s ac- this Act, section 1314 of the Thompson Related Agencies Appropriations Act, 2001 tion, and any statements be printed in amendment is null and void, and shall have (Public Law 106–387; 114 Stat. 1549A–51). the RECORD. no effect. (c) FUNDING.—Of the funds of the Com- The PRESIDING OFFICER. Without modity Credit Corporation, the Secretary objection, it is so ordered. SA 4963. Mr. GRAMM submitted an shall— The nominations considered and con- amendment intended to be proposed to (1) use such sums as are necessary to carry firmed are as follows: amendment SA 4940 submitted by Mr. out this section; and (2) transfer to section 32 of the Act of Au- THE JUDICIARY DODD and intended to be proposed to gust 24, 1935 (7 U.S.C. 612c), an amount equal Michael W. McConnell, of Utah, to be the amendment SA 4901 proposed by to the amount of funds under section 32 of United States Circuit Judge for the Tenth Mr. THOMPSON (for Mr. GRAMM (for that Act that were made available before the Circuit. himself, Mr. MILLER Mr. THOMPSON, date of enactment of this Act to provide dis- DEPARTMENT OF JUSTICE Mr. BARKLEY and Mr. VOINOVICH)) to aster assistance to crop and livestock pro- Kevin J. O’Connor, of Connecticut, to be ducers for losses suffered during 2001 and the bill H.R. 5005, to establish the De- United States Attorney for the District of 2002, to remain available until expended. partment of Homeland Security, and Connecticut for the term of four years. for other purposes; which was ordered (d) REGULATIONS.— NOMINATION OF MICHAEL W. MCCONNELL to lie on the table; as follows: (1) IN GENERAL.—The Secretary may promulgate such regulations as are necessary to Mr. HATCH. Mr. President, it is my Strike all in the pending amendment No. implement this section. high honor and privilege to speak on 4940 and insert in lieu thereof the following: (2) PROCEDURE.—The promulgation of the the confirmation of Professor Michael Notwithstanding any other provision of regulations and administration of this sec- the Thompson amendment is null and void, McConnell to the Tenth Circuit Court tion shall be made without regard to— of Appeals. Professor McConnell is a and shall have no effect. (A) the notice and comment provisions of section 553 of title 5, United States Code; Utahn, a scholar of the highest talent, SA 4964. Mr. NELSON of Nebraska (B) the Statement of Policy of the Sec- and a man of profound integrity and ju- (for himself, Mr. HARKIN, and Mr. retary of Agriculture effective July 24, 1971 dicial temperament. JOHNSON) submitted an amendment in- (36 Fed. Reg. 13804), relating to notices of Professor McConnell holds the pres- tended to be proposed by him to the proposed rulemaking and public participa- tigious Presidential Professorship at joint resolution H.J. Res. 124, making tion in rulemaking; and the University of Utah College of Law further continuing appropriations for (C) chapter 35 of title 44, United States in Salt Lake City. He began his legal the fiscal year 2003, and for other pur- Code (commonly known as the ‘‘Paperwork career at the University of Chicago Reduction Act’’). poses; which was ordered to lie on the Law School, where he was Comment (3) CONGRESSIONAL REVIEW OF AGENCY RULE- table; as follows: MAKING.—In carrying out this subsection, the Editor of the Law Review and grad- At the appropriate place, insert the fol- Secretary shall use the authority provided uated Order of the Coif. Thereafter he lowing: under section 808 of title 5, United States served as a law clerk for two of the SEC. ll. EMERGENCY AGRICULTURAL ASSIST- Code. leading liberal jurists of the 20th cen- ANCE. (e) EMERGENCY DESIGNATION.— tury: Supreme Court Justice William (a) CROP DISASTER ASSISTANCE.— (1) IN GENERAL.—The entire amount made J. Brennan, Jr. and D.C. Court of Ap- (1) IN GENERAL.—The Secretary of Agri- available under this section shall be avail- peals Judge J. Skelly Wright. culture (referred to in this section as the able only to the extent that the President After completing those clerkships, ‘‘Secretary’’) shall use such sums as are nec- submits to Congress an official budget re- essary of funds of the Commodity Credit Cor- quest for a specific dollar amount that in- Mike became Assistant General Coun- poration to make emergency financial as- cludes designation of the entire amount of sel of the Office of Management and sistance authorized under this subsection the request as an emergency requirement for Budget and then served as Assistant to available to producers on a farm that have the purposes of the Balanced Budget and the Solicitor General. He then joined

VerDate 0ct 31 2002 23:52 Nov 16, 2002 Jkt 019060 PO 00000 Frm 00056 Fmt 4637 Sfmt 0634 E:\CR\FM\A15NO6.046 S15PT1 November 15, 2002 CONGRESSIONAL RECORD — SENATE S11217 the faculty of the University of Chi- our government should ensure every part explains why 304 professors—rang- cago Law School, where he was award- citizen’s right to worship—or not wor- ing from conservative to liberal to very ed tenure and later the William B. ship—in his or her preferred manner. liberal—have signed a single letter urg- Graham Professorship. Through his scholarship and advocacy ing us to confirm McConnell’s nomina- In addition to his academic creden- in court, he has stood up for the rights tion. tials, Professor McConnell is an able of all religious people—including mem- Mr. President, When was the last and experienced appellate lawyer. He bers of some politically out-of-favor time that 304 professors agreed on any- has argued eleven cases before the faiths—to worship free of government thing? Professor McConnell’s peers United States Supreme Court—and won restriction or intrusion. consider him one of the nation’s fore- nine of them. In fact, the Los Angeles Many Americans believe that the most constitutional scholars and appel- Daily Journal named one of his presen- freedom to exercise their own religion late advocates and as a person with a tations to the Supreme Court ‘‘best is the most profound and important reputation for open-minded fairness. oral argument’’ of the year. His clients idea on which this country was found- Because of his outstanding reputa- include a wide range of entities: For- ed. Before Professor McConnell began tion for scholarship, the attacks on tune 500 companies such as NBC and his prodigious scholarship in the area Professor McConnell have not focused Ameritech; organizations such as the of the First Amendment’s religion so much on his judicial abilities, but on United States Catholic Conference; clauses, the idea was taking root that his personal beliefs. I think this is municipal authorities including the the government must disfavor religion wrong. All Americans have the right to New York Metropolitan Transit Au- in its policies. That is, judges and think their own thoughts and believe thority; and many individuals. scholars believed that all groups must their own beliefs. That right should This combination of intelligence and be treated equally except religions, apply as much to the Americans who experience was very likely the reason which must be excluded entirely from don robes in service of the Federal Ju- that the American Bar Association any government program or policy. diciary as to any other citizen. rated Professor McConnell unani- Professor McConnell’s scholarship One of the Senate’s most important served as a dramatic wake-up call. He mously ‘‘well qualified’’—its highest roles in exercising advice and consent researched the Founders’ writing and possible rating. on judicial nominees is to make sure Now, Mr. President, I imagine you presented with illuminating clarity that they are free from any bias— have heard some of the attacks waged that the point of free exercise is for whether political, religious, personal against these fine nominees by the government to remain neutral as be- or otherwise—that would endanger usual suspects—that group of Wash- tween religions, and must accommo- their ability to follow the law as writ- date religious activity where feasible. ington-based special interest lobbyists ten by the legislature and interpreted He demonstrated there was no basis in who make their living trying to thwart by higher courts. No one wants a judge the founding for the view that our gov- President Bush’s judges. Those groups who plays legislator from the bench. ernment must be anti-religion. The are trying to make believe that Pro- We want and expect judges who know persuasiveness of his writing reawak- fessor McConnell is out of the main- their limited role and will uphold the ened American legal scholars and stream of American politics. law regardless of their personal views. judges to the Founders’ view that the Well, let me set the record strait. I’ll And as long as a judge is willing to do First Amendment’s purpose is to pro- mention just a few of the positions that, any other litmus test on their tect religion from government, not the Professor McConnell has taken that personal views is contrary to our con- other way around. His work has helped prove he is an independent-minded reinvigorate the healthy and dynamic stitutional responsibility, and an inva- thinker who calls things as he sees pluralism of religion that has allowed sion into the freedom of conscience. them, and does not follow anyone else’s I am concerned that some who are in- all faiths to flourish in this promised political prescription. Professor volved in the judicial confirmation land, the most religiously tolerant na- McConnell represented, without process are pursuing a course that en- tion in human history. charge, three former Democratic At- McConnell’s views defy political dangers the freedom of conscience for torneys General in opposition to an pigeonholing. Although he has gen- the Americans who serve on our courts. order of the first President Bush; pub- erally sided with the so-called liberal This is not only a personal offense licly opposed impeachment of Presi- wing of the Court on questions of Free against nominees who are dragged dent Clinton; urged the confirmation of Exercise of Religion, McConnell’s view through the mud or even rejected for several of President Clinton’s judicial of Establishment of Religion is that re- their private, personal opinions, it is nominations; testified against a school ligious perspectives should be given also an offense against the citizens of prayer amendment; worked, without equal but not favored treatment in the this great country, who rely on our fed- charge, on a lawsuit representing both public sphere—a view that has led him eral judges to enforce our many rights People for the American Way and to testify against a school prayer and liberties. The diversity of back- Americans United for the Separation of amendment, while supporting the grounds and points of view are often Church and State; has been described rights of religious citizens and groups the stitches holding together the fabric by Supreme Court Justice Antonin to receive access to public resources on of our freedoms. Scalia as ‘‘the most prominent schol- an equal basis. If I may be blunt about this, an im- arly critic’’ of Scalia’s approach to the Few people in modern America have pression has been created this year free exercise clause; and has served as contributed more to their area of ex- that there are some in the Senate who co-chair—together with a former ACLU pertise than Professor McConnell. He are attempting to impose a litmus test president and a former American Bar has written over 50 articles in profes- on the issue of abortion. No one should Association president—of an organiza- sional journals and books. He has deliv- stand for this—not even people who are tion whose purpose is to oppose MY ered hundreds of lectures and penned pro-choice as a matter of public policy. proposed constitutional amendment to many op-ed pieces. He has contributed In fact, people who are pro-choice protect the American flag from dese- an immeasurable amount to the dis- should be especially reluctant to estab- cration. course of legal ideas. As Professor Lau- lish a precedent that would allow the So you see, Mr. President, the idea rence Tribe wrote to the Judiciary Senate to select judges according to that McConnell is in lock-step with the Committee, ‘‘McConnell is among the their personal views rather than their Republican party is absolutely untrue. nation’s most distinguished constitu- willingness to follow and enforce estab- Rather than credit all of the unsup- tional scholars and a fine teacher.’’ lished legal precedents. Pro-choice ac- ported attacks with responses, I in- Tribe further explained that he and tivists have as much to gain from the stead would like to tell you a couple of McConnell ‘‘share a commitment to triumph of precedent over person view things the ARE true about Professor principled legal interpretation and to a as anyone else. McConnell. broadly civil libertarian constitutional The fact that most people who are First, Professor McConnell is widely framework.’’ pro-choice hold their position as a mat- regarded as modern America’s most The significance of McConnell’s con- ter of political viewpoint or ideology. persuasive advocate for the idea that tributions to the legal profession in They do so in good conscience no

VerDate 0ct 31 2002 23:52 Nov 16, 2002 Jkt 019060 PO 00000 Frm 00057 Fmt 4637 Sfmt 0634 E:\CR\FM\A15NO6.041 S15PT1 S11218 CONGRESSIONAL RECORD — SENATE November 15, 2002 doubt, and I respect that. But the great Many people across the political Let me tell you why I believe that. majority of people who are pro-life spectrum know that Professor McCon- Professor McConnell has called the come to their positions as a result of nell will obey precedent even when it is right to choose an ‘‘evil’’ and one of their personal religious convictions. It at odds with his own views. That ex- the greatest injustices of our day. He is one thing to ensure that judicial plains why Professor McConnell’s nom- would not simply overturn Roe v. nominees pledge to follow the law—we ination has been praised by a number Wade—a disastrous outcome for Amer- must do that—but quite another to re- of people who disagree with some of his ican women—he has gone so far as to quire nominees to have a particular opinions, including former Clinton ad- suggest that the courts should declare private view. Enforcing such a test ministration officials Acting Solicitor embryos persons under the Fourteenth would not only destroy the freedom of General Walter Dellinger, Deputy Amendment. He has called Roe v. Wade conscience, but also would exclude White House Counsel William Mar- ‘‘illegitimate,’’ and has called for a from our judiciary a large number of shall, Domestic Policy Advisors Bill constitutional amendment banning the people of religious conviction who are Galston and Elena Kagan, and Asso- right to choose and granting constitu- prepared to follow the law. ciate Attorney General John Schmidt. tional rights to embryos. Now, Professor McConnell has writ- Listen to part of a letter I received Professor McConnell has also written ten about abortion, and it is very im- from the Legal Director of the ACLU and spoken against the Freedom of Ac- portant for us not to violate his free- chapter in Utah. He wrote—in his per- cess to Clinic Entrances Act (FACE). dom of conscience while exploring his sonal capacity—to endorse Professor He believes—in contrast to every Fed- views. The most important thing he McConnell ‘‘enthusiastically and with- eral appellate court that has consid- has written on this topic, for the Sen- out qualification,’’ saying that ‘‘there ered the question—that it is unconsti- ate’s purposes, is that U.S. Supreme can be no doubt that [lawyers who ap- tutional. In a recent article, he ex- Court precedent setting forth the basic pear before him] will receive a fair and pressed admiration for a district court abortion right is settled and secure. In- impartial hearing, thoughtful scrutiny judge who refused to apply FACE be- deed, he believes that lower court and careful consideration toward a de- cause the defendants did not act with judges have a clear duty to follow and cision that will be based solely on the ‘‘bad purpose.’’ Mr. President, that is not in the statute Congress passed. Mc- apply that case law, and he will do just merits and not on any predetermined Connell’s statements of admiration for that if confirmed. ideological or political agenda.’’ Beyond that, Professor McConnell’s Professor McConnell is immune to the ‘‘judicial nullification’’ of a Fed- scholarship on the subject defies stand- any political litmus test because he eral statute that he does not agree ard stereotypes. His writings have fo- has a solid bipartisan reputation for in- with speaks volumes about his inabil- cused on two questions. First is the tegrity and fairness. He is committed ity to fairly and impartially apply a methodology or legitimacy of the to the rule of law and to the ideal of range of civil rights statutes that my nonpartisan judging. He is known for conflict with his views. Court’s reasoning in Roe v. Wade. Like his principled defense of a limited and And it makes it clear that as a judge, many constitutional scholars—includ- restrained role for the judiciary in our he would be a judicial activist. ing prominent supporters of abortion constitutional system. He has argued McConnell has even criticized the Su- rights such as Justice Ruth Bader for constitutional interpretation based preme Court’s 8–1 decision in the Bob Ginsberg—Professor McConnell has on constitutional text, original under- Jones case from 1983. In that decision, written that the Court in Roe over- standing, historical experience, and the Court ruled that the IRS may deny stepped the bounds of proper judicial precedent. He has criticized scholars tax-exempt status to a school that dis- decision making and has argued that, and judges of both the right and the criminates against minorities. In a 1989 when facing other issues of deep moral left for advocating interpretation article, McConnell wrote that the disagreement—for example, assisted based on the judge’s own political or ‘‘racial doctrines of a Bob Jones Uni- suicide—the courts should not con- moral views. He has advocated a major versity’’ should have been ‘‘tolerated’’ stitute their judgment for that of the role for Congress in defining and pro- because they were ‘‘church teachings.’’ legislatures, particularly where there tecting civil rights and has criticized Mr. President, I realize that this is is a broad consensus among the states the Supreme Court’s decisions limiting not a Supreme Court nomination. But, regarding the proper role for regula- such measures to mere enforcement of the reality is that Circuit Courts make tion. the Supreme Court’s own interpreta- new law in many areas where the Su- The second area he has addressed is tions. Civil rights groups should take preme Court has not spoken. The Su- the possibility of middle-ground ap- special note of his defense of broad con- preme Court hears fewer than 100 cases proaches to abortion that would find gressional power under Section Five of per year, while the Courts of Appeal de- support even from many pro-choice ad- the Fourteenth Amendment. cide close to 30,000. The truth is, the vocates—dealing with such problems as In conclusion, Mr. President, Pro- appellate court are very often the inadequate counseling and support for fessor McConnell is one of the very best courts of last resort. As Justice Scalia troubled pregnant women. He has been people ever nominated to be a judge. I recently wrote, ‘‘the judges of inferior critical of the extremes on both sides am very pleased that the Senate con- courts often make law, since the prece- of the questions surrounding abortion, firmed him today. He will be a great dent of the highest court does not and has argued that one result of the judge. cover every situation, and not every constitutionalization of abortion law Thank you, Mr. President. I yield the case is reviewed.’’ has been that is has prevented political floor. Already, Mr. President, increasingly leaders from exploring middle-ground Mrs. BOXER. Mr. President, tonight, conservative Federal courts are up- approaches. the Senate will consider the nomina- holding greater and greater restric- Professor McConnell has also written tion of Michael McConnell to a life- tions on the right to choose, chipping in defense of the free-speech rights of time appointment to the Tenth Circuit away at the protections of Roe vs. abortion protestors. Court of Appeals. I oppose this nomina- Wade. In the area of reproductive The fact is that, despite some at- tion. rights, the Circuit Courts routinely tempts to confuse this issue, there is Professor McConnell’s record as a make new law, as anti-choice advo- nothing in Professor McConnell’s scholar, an advocate and an activist cates test the constitutional limits writings that should cause any doubt show him to be far outside the Amer- with new and creative restrictions on that Professor McConnell is committed ican mainstream on a number of crit- the right to safe and legal abortion. to the ideas of stare decisis and con- ical constitutional, civil rights, and The importance of each Federal judge trolling legal precedent. To look be- other legal issues. His views are so in protecting the right to choose is un- yond that belief, to probe his personal clear and consistent that I believe no derscored by the fact that many recent views based on religious conviction, is litigant on areas such as reproductive abortion cases have involved reversals not only to miss the point of our job rights or the separation of church and and dissents, demonstrating that but also to jeopardize the freedom of state could reasonably expect to re- judges often disagree on the correct ap- conscience of those who serve our ceive a fair and impartial hearing in plication of law. I believe that Pro- country as members of the judiciary. Judge McConnell’s court room. fessor McConnell’s extensive anti-

VerDate 0ct 31 2002 23:52 Nov 16, 2002 Jkt 019060 PO 00000 Frm 00058 Fmt 4637 Sfmt 0634 E:\CR\FM\A15NO6.042 S15PT1 November 15, 2002 CONGRESSIONAL RECORD — SENATE S11219 choice record shows that he will use NOMINATION DISCHARGED ments be in order to H.R. 5005 prior to every opening the law permits to fur- the disposition of the Thompson ther restrict a woman’s right to amendment; that when the Senate con- choose. NOMINATION OF MARY CARLIN cludes its business today, it next re- YATES TO BE AMBASSADOR TO Unfortunately, Professor McConnell sume consideration of this bill on Mon- THE REPUBLIC OF GHANA does not stand apart from other Bush day, November 18, upon disposition of nominees for his extreme ideology. I Mr. REID. I ask unanimous consent Executive Calendar No. 1178; that the believe he was chosen because of it. that the Foreign Relations Committee 30 hours under cloture conclude at 10:30 be discharged from further consider- a.m. on Tuesday, November 19; that the Remaking the Federal courts has ation of the nomination of Mary Carlin 90 minutes prior to that time on Tues- been a long-term goal of the right-wing Yates to be the Ambassador to the Re- day be divided as follows: 30 minutes base of the Republican party. They public of Ghana; that the Senate pro- for each of the two leaders or their des- have pursued this goal with dogged de- ceed to the immediate consideration of ignees, and 30 minutes for Senator termination and persistence for more the nomination; that the nomination BYRD than two decades, and they are suc- , with the Republican leader con- be confirmed, the motion to reconsider ceeding. More and more restrictions on trolling the time from 10 to 10:15 a.m. be laid on the table; that any state- a woman’s right to choose are being and the Democrat leader controlling ments be printed in the RECORD; that upheld as constitutional by the in- the time from 10:15 to 10:30 a.m.; that the President be immediately notified creasingly conservative Federal courts, at 10:30 a.m. the Senate vote on the of the Senate’s action; and that the while portions of anti-discrimination Daschle-Lieberman-Byrd amendment, Senate return to legislative session. law and Violence Against Women Act— No. 4953; that upon disposition of that The PRESIDING OFFICER. Without a law that Senator Biden wrote and amendment, the Senate then vote im- objection, it is so ordered. mediately on amendment No. 4911, as that I was proud to sponsor when I was The nomination considered and con- in the House—are struck down. This is amended, if amended; that upon the firmed is as follows: disposition of that amendment, the not the right direction for the federal Mary Carlin Yates, of Oregon, a Career courts. Senate vote on or in relation to the Member of the Senior Foreign Service, Class Thompson amendment, No. 4901, as Now Bush Administration is poised of Minister-Counselor, to be Ambassador Ex- traordinary and Plenipotentiary of the amended, if amended; that upon the to tip the scales of justice even further disposition of Senator THOMPSON’s to support an extreme anti-choice United States of America to the Republic of Ghana. amendment, the Senate then vote on agenda, and the right to choose may f cloture on H.R. 5005, with the preceding well disappear for more and more all occurring without intervening ac- American women—especially for poor LEGISLATIVE SESSION tion or debate, provided further that no women. Don’t take my word for it. The PRESIDING OFFICER. Under points of order be waived by this agree- After last week’s elections, former the previous order, the Senate will now ment. Reagan Administration attorney Bruce return to legislative session. The PRESIDING OFFICER. Without Fein said that there will be a philo- f objection, it is so ordered. sophical revolution in the courts and Mr. REID. Mr. President, point of that Bush nominees will impose a vari- UNANIMOUS CONSENT AGREE- clarification: On Monday night after ety of new restrictions on a women’s MENT—NOMINATION OF DENNIS the Shedd matter is disposed of, will right to choose. The impact, he said, SHEDD Senators be allowed to discuss the will be almost as great as if Robert Mr. REID. Mr. President, as in execu- homeland security matter? Bork had been confirmed. tive session, I ask unanimous consent The PRESIDING OFFICER. That that at 12 noon on Monday, November Mr. President, during the Clinton Ad- would be the order. ministration, I was repeatedly told by 18, the Senate proceed to executive ses- the Republican leadership in the Sen- sion to consider Executive Calendar f ate that I should only recommend mod- No. 1178, the nomination of Dennis erate judges to fill judicial vacancies Shedd to be United States Circuit on the Federal courts in the state of Judge; that there be a time limitation SUBSIDY RATE FOR SMALL California. Otherwise, I was told, Re- of 6 hours for debate equally divided BUSINESS LOANS publicans would not let them be con- between Senators Leahy and Hatch or Mr. REID. Mr. President, I ask unan- firmed. their designees; that at the conclusion imous consent that the Senate proceed President Bush should be held to the or yielding back of the time, but not to the consideration of S. 3172 intro- same standard. In fact, President Bush before 5:15 p.m., the Senate vote on clo- duced earlier today by Senator BOND. said he wanted to govern from the mid- ture on the nomination; that if cloture The PRESIDING OFFICER. The dle. And he fulfilled that commitment is invoked, the Senate then vote imme- clerk will report the bill by title. diately on the confirmation of the on the district court level in California The legislative clerk read as follows: nomination; that if the nomination is when he agreed to a bipartisan com- A bill (S. 3172) to improve the calculation mittee selection process. That process confirmed, the motion to reconsider be laid on the table, the President be im- of the Federal subsidy rate with respect to has worked well, producing well-quali- certain small business loans, and for other fied mainstream nominees for eight mediately notified of the Senate’s ac- purposes. open district court seats in California. tion, and the Senate return to legislative session; that if cloture is not in- There being no objection, the Senate However, Professor McConnell’s nom- voked, the nomination be returned to proceeded to consider the bill. ination does not meet the test. He does the calendar and the Senate return to Mr. KERRY. Mr. President, I ask my not fulfill President Bush’s commit- legislative session; and that the pre- colleagues to support the small busi- ment to govern from the middle. He ceding all occur with no intervening ness subsidy rate improvement bill be- does not meet the requirement estab- action or debate; further, that the fore the Senate today. It is not perfect, lished by the Senate Republican lead- granting of this consent fulfill the clo- but it takes us a step in the right di- ership during the Clinton Administra- ture filing requirement under rule rection. It takes us a step in the right tion that nominees be moderate. No, XXII. direction by reversing a current 60-per- Mr. President, Professor McConnell is The PRESIDING OFFICER. Without cent cut in loan dollars available to far outside the mainstream. objection, it is so ordered. small businesses through the Small I again call on President Bush—as f Business Administration’s flagship 7(a) have so many in the Senate—to reach loan program, and it includes a budget out across the aisle and to work with UNANIMOUS CONSENT change mid-year with OMB’s blessing, all of us to find and nominate the mod- AGREEMENT—H.R. 5005 which is unprecedented. However, it erate, consensus judges that Americans Mr. REID. Mr. President, I ask unan- does not go far enough in correcting deserve. imous consent that no other amend- the way the government calculates the

VerDate 0ct 31 2002 23:52 Nov 16, 2002 Jkt 019060 PO 00000 Frm 00059 Fmt 4637 Sfmt 0634 E:\CR\FM\A15NO6.049 S15PT1 S11220 CONGRESSIONAL RECORD — SENATE November 15, 2002 cost and fees of the SBA’s small busi- the Administration to get this infor- subsidy rate for the Small Business Adminis- ness loans. Specifically, the Adminis- mation and give all of us confidence tration (SBA) 7(a) an 504 programs. tration would not also support our pro- that this model is more predictive and The undersigned associations believe gov- posal to correct the errors in the sub- accurate. ernment policies that foster and encourage sidy rate used for the 504 development On the plus side, as I mentioned ear- robust entrepreneurial activity and small company loan program—errors that re- lier, passing this legislation would re- business ownership provide the basis for eco- sult in severe overcharging of thou- verse the 60-percent cut in the 7(a) loan nomic prosperity important to the long term sands of dollars to 504 borrowers and program by patching together $6 bil- vitality and success of our nation. Many of lenders. lion in lending dollars. That restora- our small business members indicate that As so many of us in the Senate, one major obstacle to entry or expansion of tion of loan dollars is significant on a a small business is the availability and ac- House and White House have heard for micro and macro level. In my home cess to capital for small enterprises. moths, the small business community state of Massachusetts, small busi- supported the Senate’s plan to enact a nesses stand to lose $121 million in loan One source of funding, the SBA 7(a) and 504 recommendation by the General Ac- guaranteed loan programs, play an impor- dollars and almost 3,700 jobs if this bill tant role in providing an alternative means counting Office as part of one of the isn’t passed. Nationwide, a loss of $6.2 of accessing capital for some small business continuing resolutions. However, that billion in loans would translate into owners where funding has not been available provision was blocked time and again 189,000 jobs either lost or not created. through conventional lending methods. How- by a few Republican Congressmen on In this economy, we can not afford to ever, in a recent Government Accounting Of- behalf of the Administration. We are lose any more jobs or block job cre- fice (GAO) report, it was determined that the now faced with leaving small busi- ation. use of overly conservative default rate data nesses strapped for financing until next To my many colleagues who have by the SBA resulted in overestimated de- year or enacting this bill that would courageously fought for small busi- faults for 1992 through 2000 by over $2 billion put in place something called an econo- nesses on this issue—from Senator for the 7(a) program alone when compared to actual loan performance. metric model to calculate the subsidy BOND and Senator CONRAD to Congress- rate for the 7(a) program immediately, man MANZULLO and Congresswoman Indeed, overly conservative default rates but for one year only. VELAZQUEZ—I thank them. To the used in calculating the subsidy rate, accord- Our goal—that of Senator BOND, small business groups—from 7(a)’s ing to the GAO report, has during the same Senator CONRAD, Senator DOMENICI, period, resulted in the overestimation of the NAGGL and 504’s NADCO to the small cost of the 7(a) program by nearly $1 billion. Senator HOLLINGS, Senator BYRD, and business coalition lead by the U.S. Furthermore, consistent yearly program re- myself—was to right years of wrong in Chamber of Commerce, which included estimates of this magnitude serve to under- which the government has played budg- among many others, the National mine the intent of Congress during the ap- et games with the two largest loan pro- Black Chamber of Commerce, National propriations process. grams at the Small Business Adminis- Small Business United, and the Amer- Even so, overly conservative default rate tration. Our goal was to end a double- ican Bankers Association—I am proud assumptions are still being used to calculate standard in which the government to work with them. Because of your FY 2003 subsidy rates, resulting in dimin- cooks the books but small businesses grassroots efforts, probably every ished numbers or sizes the loans capable of get penalized if a comma is missing on member of Congress knows what a sub- being made given current program funding their financial statements. Our goal sidy rate is and how it hurts the small levels. Taken into account historic levels of was to put transparency, accuracy, and business community when it is left un- demand, we can anticipate program short- fairness into a system that has over- corrected year after year. Last, I thank ages that may needlessly shutout some small charged small business borrowers and the Office of Management and Budget businesses to sorely needed funds to start or grow their businesses, thus limiting their private-sector lenders more than $2 bil- for reaching this agreement with our lion fees, fees that are tantamount to a contribution to the fragile economic recov- Committee, the Committee on Small ery. tax on small businesses. Business & Entrepreneurship, the Com- Specifically, our goal, in technical mittee on Budget, and the Committee The consistent use of overly conservative talk, was to put in place budget sys- default rate date, resulting in the over- on Appropriations. I know they are estimation of the subsidy rate for the 7(a) tems in this fiscal year that would strongly opposed, in general, to more accurately calculate the cost of and 504 programs by SBA is not only con- changes to their subsidy rates, and, in trary to the spirit and intent of the Credit providing loans through the SBA’s 7(a) particular, to any adjustment to the Reform Act, but an affront on Congresses and 504 lending programs, thereby budget mid-year. But, small businesses role in determining program funding levels maximizing appropriations to leverage do not care about technicalities and in the appropriations process. As a result, we an additional $6 billion in small busi- budget intricacies; they care about ac- encourage Congress to take legislative ac- ness loans and assessing fees that are cess to capital. This bill accomplishes tion to assure the FY 2003’s subsidy rate cal- more in line with the true cost of pro- that. culation and future calculations will be lim- viding the loans. In the end, it would ited to the use of recent default rate data Mr. President, I ask unanimous con- that reflect the use of revised program credit stimulate lending by creating a greater sent that the following be printed in incentive for lenders to loan in these standards and thus preserve the integrity of the RECORD: a letter from the small the appropriations process. uncertain economic times, it would business coalition; a letter to OMB AeA, Air Conditioning Contractors of leave more money in the pockets of from our Committee with the Com- small businesses, and it would allow al- America, American Bankers Association, mittee on budget regarding this issue; American Hotel & Lodging Association, most 190,000 jobs to be created or re- and a letter from OMB Director Mitch American Nursey & Landscape Association, tained. Daniels regarding the FY2003 subsidy Association of Small Business Developmemt There is a lot of concern among small rate for the 7(a) loan program. Centers, Asian American Hotel Owners Asso- business trade groups, bankers, and There being no objection, the mate- ciation, Hotel Brokers International, Inde- members of Congress about adopting rial was ordered to be printed in the pendent Community Bankers Association, an econometric model at this stage be- RECORD, as follows: International Franchise Association. cause the administration has not been SMALL BUSINESS ACCESS National Association of Development Com- forthcoming with supporting docu- TO CAPITAL COALITION, panies, National Association of Government mentation and the estimated subsidy September 18, 2002. Guaranteed Lenders, National Association of rates over the testing period have var- Hon. JOHN KERRY, Small Disadvantaged Businesses, National ied greatly. Without that information, Chairman, Committee on Small Business & En- Association of Women Business Owners, Na- it is unreasonable to expect the small trepreneurship, U.S. Senate, Washington, tional Black Chamber of Commerce, Na- business community to trust the gov- DC. tional Restaurant Association, National Small Business United, National Tooling & ernment. They have been fighting this DEAR CHAIRMAN KERRY: On behalf of the hundreds of thousands of small businesses Machining Association, Tire Industry Asso- problem for too long to settle for mere represented by the undersigned organiza- ciation, U.S. Chamber of Commerce, United promises, when promises have been tions, we are writing you to ask your support Motorcoach Association, Women Impacting broken time and again. In the coming for legislation that would limit the use of Public Policy, Yellow Pages Integrated months I look forward to working with outdated default rate data in calculating the Media Association.

VerDate 0ct 31 2002 23:52 Nov 16, 2002 Jkt 019060 PO 00000 Frm 00060 Fmt 4637 Sfmt 0634 E:\CR\FM\A15NO6.051 S15PT1 November 15, 2002 CONGRESSIONAL RECORD — SENATE S11221 U.S. SENATE, both of these programs and the resulting Mr. BOND. Mr. President, I rise Washington, DC, April 22, 2002. continuation of downward re-estimates could today in support of legislation that has Hon. MITCHELL DANIELS, undermine support for Credit Reform, which just been introduced to permit the Of- Director, Office of Management and Budget, Ei- we do not want to see happen. The bias in fice of Management and Budget (OMB) senhower Executive Office Building, the estimates for these two programs is sim- 17th and Pennsylvania Ave., NW, Washington, ply unacceptable. We do not expect perfect to use a recently-completed econo- DC. subsidy rate estimates year-in and year-out, metric model to calculate the credit DEAR MR. DANIELS: We are writing to ex- yet we do expect that over time the re-esti- subsidy rate for the 7(a) small business press our concern about what appears to be mate will be randomly distributed around loan guarantee program, the flagship the continued and routine over-estimation zero. One year the estimates may be high loan program at the Small Business by OMB of the cost of the Small Business and the next year they may be low, but over Administration. This bill, once signed time they should balance out. Unfortu- Administration’s 504 and 7(a) loan programs into law by President Bush, will allow to the government under the requirements of nately, that is not true today, and we are not the Federal Credit Reform Act (Credit Re- optimistic that change will occur, absent the 7(a) loan program to meet the bor- form). The Senate has repeatedly raised this your active intervention, any time soon. rowing demands of our Nation’s small issue with the OMB, most recently in the FY Repeated opportunities to address this businesses, which is approximately $10 2002 appropriations cycle, at a Roundtable problem have not been realized. We believe billion for Fiscal Year 2003. Without held by the Senate Committee on Small the problem has dragged on too long. At a this bill, the program would limit 7(a) Business and Entrepreneurship last fall, and minimum, we expect the Administration to submit and support a budget amendment for loans to less than $5 billion for FY 2003. in meetings between Senate Budget Com- In addition, the bill will permit unobli- mittee staff and OMB staff. 2003 for sufficient subsidy appropriations Last fall, the SBA Administrator publicly that will make possible $11 billion of 7(a) gated, no-year funds previously appro- stated, and your senior OMB staff indicated loan volume given the too-high subsidy rate priated for the STAR terrorist disaster to our staff, that the subsidy rate for the 7(a) OMB is currently using. Alternatively, if you recovery loans to be used for the 7(a) program would be cut at least in half, all expect that a review of the 2003 submission loan program. else being equal. Unfortunately, the 2003 will reveal mistakes in the subsidy rates The ‘‘econometric model’’ is a sig- budget request reflects that only half of that that would allow OMB to execute the 2003 budget using rates other than those pub- nificant reform in the way the SBA and goal has been accomplished. Given the sys- OMB calculates the credit subsidy rate tematic mis-estimates in these programs, lished in the submission, as has occurred in this progress, while in the right direction, other years, please submit that review. We for the 7(a) loan program. The bill pro- has been too slow and does not do much to would appreciate receiving your response to vides that the OMB and SBA will adopt engender confidence in the Administration’s our letter, including the requests for an the new econometric model effective approach in light of SBA or OMB mistakes in amendment and periodic meetings, by June retroactively to October 1, 2002. Devel- budget documents over the years. 1, 2002. If legislative changes are necessary, oped by the SBA and OMB, the econo- we welcome your suggestions. In our view, failure to solve the problem metric model will use far more com- will continue the unfair practice of forcing Sincerely, small business borrowers and lenders, year PETE V. DOMENICI, prehensive data about individual bor- after year, to pay fees that are substantially KENT CONRAD, rowers and loans when forecasting an- higher than necessary to participate in and JOHN F. KERRY, ticipated defaults and establishing loan cover the government’s cost of these pro- CHRISTOPHER S. BOND. reserves to cover them. grams. Under the Credit Reform Act of 1990, The nexus of the problem appears to be the EXECUTIVE OFFICE OF THE the annual appropriation for the SBA use of overly conservative loan default rates PRESIDENT, must, in advance, provide sufficient OFFICE OF MANAGEMENT AND BUDGET, as part of each program’s cost calculation funds to cover the cost of a Federal under Credit Reform and the failure to ade- Washington, DC, November 14, 2002. quately weight historical data to reflect Hon. DONALD A. MANZULLO, loan guarantee, after taking into con- more accurately the program changes, both Chairman, Committee on Small Business, U.S. sideration the fees paid by small busi- statutory and regulatory, that have resulted House of Representatives, Washington, DC. ness borrowers and lenders under the in reduced default rates and improved pro- DEAR MR. CHAIRMAN: Thank you for your 7(a) program. This amount, referred to gram performance. letter of November 12, regarding the subsidy as the credit subsidy rate, is deter- The FY 2003 credit subsidy rate for the 504 rate for small business loans. mined by the OMB prior to the submis- program assumes an 8.3 percent loan default As you know, the Administration is com- rate. But program statistics from the Bank mitted to improving the Small Business Ad- sion of the President’s annual Budget of New York suggest the rate is in the 4 per- ministration’s (SBA) ability to more accu- Request to the Congress. cent range instead. Use of the higher default rately estimate the cost of subsidizing small Critics of the credit subsidy rate for rate results in the average 504 borrower un- business loans. This will enable the agency the 7(a) program have cited the use of necessarily paying approximately $10,000 in to allocate its resources more effectively, de- historical loan-performance data that excess fees to participate in this program. termine program risk more precisely, and in- pre-dates the enactment of the Federal We should emphasize that this program re- crease its ability to target loan programs to Credit Reform Act as a major cause of the most deserving recipients. ceives no federal appropriations and is to- a credit subsidy rate that greatly ex- tally funded through fees. Yet, since 1997 the In accordance with the commitment that program has paid nearly $400 million in ex- the Administration made one year ago, the ceeds actual loan performance. The cess fees to the U.S. Treasury as a result of Office of Management and Budget has just consequence is the use of the most con- OMB reestimates. Since 1995, the use of over- approved SBA’s 7(a) econometric subsidy servative loan-default rates, year-in ly conservative default rate assumptions in model to calculate its fiscal year 2004 re- and year-out, and the failure by the the 7(a) program has resulted in total down- source requirements. Further, in light of the OMB and the SBA to adjust historical ward re-estimates of $1.429 billion, including fact that this improved subsidy calculation procedure is now available, the Administra- loan performance data to reflect 7(a) interest. program changes, both statutory and The SBA testified earlier this year that it tion would support legislation that allows us is developing an econometric model to esti- to implement the econometric model for fis- regulatory, that have led to real reduc- mate more accurately the default rate for cal year 2003 as well. Applying the econo- tions in the default rates and improved each program. But, although we have al- metric model would produce a subsidy rate program performance. According to an ready been told for at least a year how of 1.04 percent rather than the 1.76 percent in-depth analysis undertaken by the ‘‘econometric’’ modeling promises to be the submitted in the FY 2003 budget. General Accounting Office (GAO), the solution, there is little to show for this new Please let us know if you need any more information. excessively high credit subsidy rates approach—at least, we have not seen any- have resulted in nearly $1 billion in un- thing yet. Because of the slow progress in Sincerely, the past and the experience of unfulfilled ex- MITCHEL E. DANIELS, JR., necessary fees being paid by small busi- pectations, we remain skeptical that the Director. ness borrowers and lenders to the U.S. emerging modeling approach will offer a sig- Mr. KERRY. Last, I want to remem- Treasury. nificant improvement over previous ap- ber Senator Wellstone, a true advocate It is very unrealistic to believe that proaches or that it will be ready with satis- for small business who faithfully at- a 100% accurate credit subsidy rate es- factory results in time for the 2004 budget. tended our committee hearings and timate can be derived for the 7(a) loan Therefore, we request that OMB keep all of markups and worked hard to help the program, or for any other Federal cred- us up to date of the progress of the modeling 7(a) and 504 programs not just on this it program. The econometric model, through periodic briefings with our staff so we have an opportunity to ask questions. issue, but every single time. His con- designed to calculate the 7(a) credit Continued use of overly conservative as- tributions were great, and I wish he subsidy rate, is a major improvement sumptions in the credit reform model for were here to see this agreement pass. over the ‘‘old’’ model. Originally, the

VerDate 0ct 31 2002 23:52 Nov 16, 2002 Jkt 019060 PO 00000 Frm 00061 Fmt 4637 Sfmt 0634 E:\CR\FM\A15NO6.052 S15PT1 S11222 CONGRESSIONAL RECORD — SENATE November 15, 2002 Administration stated that the econo- SEC. 2. USE OF EMERGENCY FUNDS FOR SMALL people of Mozambique over 15 years of age metric model would not be available BUSINESS LOANS. are illiterate, twenty-eight percent of the Chapter 2 of division B of the Depart- children under five are malnourished, infant until FY 2004. After exhaustive nego- ment of Defense and Emergency Supple- tiations with the senior White House mortality stands at more than 12 percent, mental Appropriations for Recovery from and life expectancy is only 42 years; staff, I was able to secure an agreement and Response to Terrorist Attacks on the Whereas the United States values demo- to accelerate their use of the model United States Act, 2002 is amended by strik- cratic principles, the rule of law, peace, and retroactive to October 1, 2002, the being ‘‘For emergency expenses’’ after stability in all nations that comprise the ginning of FY 2003. The bill before us ‘‘BUSINESS LOANS PROGRAM ACCOUNT’’ and in- community of states; and today is designed to waive a key provi- serting the following: ‘‘For loan guarantee Whereas Mozambique has been trans- sion of the Federal Credit Reform Act subsidies under section 7(a) of the Small formed from a war-torn country to one Business Act (15 U.S.C. 636(a)) or for emer- where political disputes are settled through that prohibits the Congress from gency expenses’’. changing a credit subsidy rate estimate peaceful means: Now, therefore, be it f Resolved, That the Senate— once it has been transmitted to the (1) congratulates the people of Mozambique Congress as part of the President’s an- CONGRATULATING THE PEOPLE on ten years of continued peace and growing nual budget submission. This may be OF MOZAMBIQUE democracy and commends the Government the first time this provision has been Mr. REID. Mr. President, I ask unan- of Mozambique for continued economic and waived since implementation of the imous consent the Senate proceed to political reforms; Act in FY 1992. the consideration of S. Res. 358 sub- (2) salutes the Comunita di Sant’ Egidio for using its good offices to facilitate and We would not be where we are today mitted earlier today by Senator BIDEN. resolving this important matter with- mediate the peace process that led to the Oc- The PRESIDING OFFICER. The tober 4, 1992, agreement; out the tireless efforts of my col- clerk will report the resolution by (3) recognizes the indispensable role that leagues in the Senate and the House of title. civil society in Mozambique has played in Representatives. Mr. MANZULLO, Chair- The legislative clerk read as follows: both achieving peace and deepening demo- man of the House Committee on Small A resolution (S. Res. 358) congratulating cratic reforms; and Business, fought for this change every the people of Mozambique on their successful (4) stands ready to assist the Government step of the way. The Ranking Member, efforts to establish, build, and maintain of Mozambique on a variety of programs, in- Ms. VELAZQUEZ, was especially vigilant peace in their country for the past ten years, cluding humanitarian and development as- in her efforts. In the Senate, my col- and for other purposes. sistance, HIV/AIDS prevention, and technical assistance to fight corruption. league from Massachusetts and Chair- There being no objection, the Senate man of the Committee on Small Busi- proceeded to consider the resolution. f ness and Entrepreneurship, JOHN Mr. REID. Mr. President, I ask unanimous consent that the resolution and MENTAL HEALTH EQUITABLE KERRY, has kept the Committee fo- TREATMENT ACT cused on resolving this issue for the preamble be agreed to en bloc, the mo- past year and has insisted that we re- tion to reconsider be laid upon the Mr. REID. Mr. President, I ask unan- solve the credit subsidy rate con- table, and that any statements in rela- imous consent the Senate proceed to troversy for FY 2003. tion to this matter be printed in the H.R. 5716, which is now at the desk. Resolving the 7(a) credit subsidy rate RECORD. The PRESIDING OFFICER. The issue is good for small businesses. It The PRESIDING OFFICER. Without clerk will report the bill by title. will mean more jobs and economic fuel objection, it is so ordered. The legislative clerk read as follows: to grow start-up and growing small The resolution (S. Res. 358) was A bill (H.R. 5716) to amend the Employee businesses. I urge each of my col- agreed to. Retirement Income Security Act of 1974 and The preamble was agreed to. leagues to vote a resounding ‘‘Aye’’ for the Public Health Service Act to extend the The resolution, with its preamble, mental health benefits parity provisions for this important bill. reads as follows: an additional year, and for other purposes. Mr. REID. Mr. President, I ask unan- S. RES. 358 imous consent that the bill be read There being no objection, the Senate three times, passed, and the motion to Whereas, on October 4, 1992, having over- proceeded to consider the bill. come the hardships of a colonial struggle, reconsider be laid on the table with no Mr. REID. Mr. President, I ask unan- decolonization, and armed regional and na- imous consent that the bill be read intervening action or debate, and that tional conflict, the people of Mozambique, any statements related to the bill be three times, passed, the motion to re- the parties to the civil war in Mozambique, consider be laid upon the table, and printed in the RECORD. and the leadership of Mozambique reached a The PRESIDING OFFICER. Without peaceful settlement to the devastating 16- that any statements in relation there- objection, it is so ordered. year civil war; to be printed in the RECORD. The bill (S. 3172) was read three times Whereas this peace was facilitated by the The PRESIDING OFFICER. Without and passed, as follows: good offices of the Comunita di Sant’ Egidio objection, it is so ordered. in Rome and supported by regional friends The bill (H.R. 5716) was read the third S. 3172 and the international community; time and passed. Be it enacted by the Senate and House of Whereas in 1994 and 1999 Mozambique held (At the request of Mr. DASCHLE, the Representatives of the United States of America multi-party elections deemed free and fair following statement was ordered to be in Congress assembled, by the international community; printed in the RECORD.) SECTION 1. SUBSIDY RATE FOR SMALL BUSINESS Whereas this peace has been consolidated LOANS. and strengthened by Mozambique civil soci- ∑ Mr. KENNEDY. Mr. President, we Notwithstanding section 502(5)(F) of the ety, helping to keep the Government of Mo- have passed tonight a bill to extend for Federal Credit Reform Act of 1990 and sec- zambique on a course of political and eco- one year the current provisions of the tion 254(j) of the Balanced Budget and Emer- nomic reforms despite the challenges cur- 1986 Mental Health Equitable Treat- gency Deficit Control Act of 1985, the Direc- rently presented by HIV/AIDS, floods, ment Act which provides limited parity tor of the Office of Management and Budget, droughts, and regional instability; for insurance coverage of mental ill- in calculating the Federal cost for guaran- Whereas the Government of Mozambique ness. teeing loans during fiscal year 2003 under has initiated sound economic reforms, in- section 7(a) of the Small Business Act (15 cluding the privatization of state-run enter- But today is not a day to celebrate. U.S.C. 636(a)) may use the most recently ap- prises, the reduction and simplification of Instead, it is a call to arms—a call to proved subsidy cost model and methodology import tariffs, and the liberalization of agri- pass the full and meaningful mental in conjunction with the program and eco- cultural markets, resulting in extraordinary health parity bill that Paul Wellstone nomic assumptions, and historical data economic growth; and PETE DOMENICI have fought for so which were included in the fiscal year 2003 Whereas the resources that have become tirelessly. It is a day to sound the bat- budget. After written notification to Con- available by Mozambique’s participation in tle cry for finally ensuring that no gress, the Small Business Administration the Highly Indebted Poor Countries Initia- American is discriminated against be- shall implement the validated, OMB-ap- tive have been responsibly channeled by the proved subsidy rate for fiscal year 2003, using Government of Mozambique into anti-pov- cause they suffer from a mental illness. this model and methodology. Such rate shall erty programs; Mental illness is a pervasive problem be deemed to have been effective on October Whereas, despite the progress that Mozam- in our society, and too often it is a 1, 2002. bique has made, more than one-half of the problem that is swept under the rug

VerDate 0ct 31 2002 23:52 Nov 16, 2002 Jkt 019060 PO 00000 Frm 00062 Fmt 4637 Sfmt 0634 E:\CR\FM\A15NO6.056 S15PT1 November 15, 2002 CONGRESSIONAL RECORD — SENATE S11223 with an immense human cost. One out The international supplementary ment the Convention, the U.S. contin- of five Americans will suffer from some fund would be made up largely of con- gent liability to contribute to the form of mental illness this year—but tributions from Parties that operate international supplementary fund only one-third of them will receive nuclear power plants. The improved would be completely covered, either by treatment. legal certainty and uniformity pro- funds generated under the Price-Ander- The fight against discrimination is vided under the Convention combined son Act in the event of an accident cov- not new—it is as old as the Republic with the availability of additional re- ered by both that Act and the Conven- and as fresh as today’s headlines. All sources provided by the international tion, or by funds contributed to a ret- Americans deserve equality of oppor- supplementary fund create a balanced rospective pool by U.S. suppliers of nu- tunity and fundamental fairness. package appealing both to countries clear equipment and technology in the Next year this fight begins anew. All that operate nuclear power plants and event of an accident covered by the of us are saddened that Paul Wellstone those that do not. The Convention thus Convention but falling outside the is no longer with us to carry on this creates for the first time the potential Price-Anderson system. In either case, fight. But we intend to honor his mem- for a nuclear civil liability convention U.S. taxpayers would not have to bear ory and continue to fight for the cause with global application. the burden of the U.S. contribution to for which he worked so hard. We will Prompt U.S. ratification of the Con- the international supplementary fund. not rest until we enact legislation that vention is important for two reasons. ends the cruel discrimination that bur- The Convention allows nations that First, U.S. suppliers of nuclear tech- are party to existing nuclear liability dens so many Americans suffering from nology now face potentially unlimited mental illness.∑ conventions to join the new global re- third-party civil liability arising from gime easily, without giving up their f their activities in foreign markets be- participation in those conventions. It REMOVAL OF INJUNCTION OF SE- cause the United States is not cur- also permits nations that do not belong CRECY—TREATY DOCUMENT NO. rently party to any international nu- to an existing convention to join the 107–21 clear civil liability convention. In addi- new regime easily and rapidly. The tion to limiting commercial opportuni- Mr. REID. Mr. President, as in execu- United States in particular benefits ties, lack of liability protection af- tive session, I ask unanimous consent from a grandfather clause that allows forded by treaty obligations has lim- that the injunction of secrecy be re- it to join the Convention without being moved from the following treaty trans- ited the scope of participation by required to change certain aspects of mitted to the Senate on November 15, major U.S. companies in the provision the Price-Anderson system that would 2002, by the President of the United of safety assistance to Soviet-designed otherwise be inconsistent with its re- States: nuclear power plants, increasing the quirements. risk of future accidents in these plants. Convention on Supplementary Com- The Convention, without relying on Once widely applied, the Convention pensation for Nuclear Damage, Treaty taxpayer funds, will increase the com- will create for suppliers of U.S. nuclear Document No. 107–21; I further ask that pensation available to potential vic- equipment and technology substan- the treaty be considered as having been tims of a civil nuclear incident, tially the same legal environment in read the first time; that it be referred, strengthen the position of U.S. export- foreign markets that they now experi- with accompanying papers, to the Com- ers of nuclear equipment and tech- ence domestically under the Price-An- mittee on Foreign Relations and or- nology, and permit us to provide safety derson Act. It will level the playing dered to be printed; and that the Presi- assistance to the world’s least-safe re- field on which they meet foreign com- dent’s message be printed in the actors more effectively. petitors and eliminate the liability RECORD. I urge the Senate to act expedi- The PRESIDING OFFICER. Without concerns that have inhibited them tiously in giving its advice and consent objection, it is so ordered. from providing the fullest range of The message of the President is as safety assistance. to ratification of the Convention on follows: Second, under existing nuclear liabil- Supplementary Compensation for Nu- ity conventions many potential vic- clear Damage, with a declaration as set To the Senate of the United States: forth in the accompanying report of I transmit herewith, for Senate ad- tims outside the United States gen- the Department of State. vice and consent to ratification, with a erally have no assurance that they will declaration, the Convention on Supple- be adequately or promptly commentary Compensation for Nuclear pensated in the event they are harmed f Damage done at Vienna on September by a civil nuclear incident, especially if 12, 1997. This Convention was adopted that incident occurs outside their bor- TO REDUCE PREEXISTING PAYGO by a Diplomatic Conference convened ders or damages their environment. BALANCES The Convention, once widely accepted, by the International Atomic Energy Mr. REID. Mr. President, I ask unan- will provide that assurance. Agency (IAEA) and was opened for sig- imous consent that the Senate proceed nature at Vienna on September 29, 1997, United States leadership is essential in order to bring the Convention into to the consideration of H.R. 5708, which during the IAEA General Conference. is now at the desk. Then-Secretary of Energy Federico force soon. With the United States as Pe˜na signed the Convention for the an initial Party, other countries will The PRESIDING OFFICER. The United States on that date, subject to find the Convention attractive and the clerk will report the bill by title. ratification. Also transmitted for the number of Parties is likely to grow The legislative clerk read as follows: information of the Senate is the report quickly. Without U.S. leadership, the A bill (H.R. 5708) to reduce preexisting of the Department of State concerning Convention could take many years to PAYGO balances, and for other purposes. enter into force. The creation of a glob- the Convention. There being no objection, the Senate al civil liability regime will play a crit- The Convention establishes a legal proceeded to the consideration of the ical role in allowing nuclear power to framework for defining, adjudicating, bill. and compensating civil liability for nu- achieve its full potential in the diverse clear damage that results from an inci- and environmentally responsible world Mr. REID. Mr. President, I ask unan- dent in the territory of a Party, or in energy structure we need to build in imous consent that the bill be read certain circumstances in international the coming decades. three times, passed, and the motion to waters, and creates a contingent inter- The Convention is consistent with reconsider be laid upon the table; and national supplementary compensation the primary existing U.S. statute gov- that any statements relating to this fund. This fund would be activated in erning nuclear civil liability, the matter be printed in the RECORD, with- the event of an incident with damage Price-Anderson Act of 1957. Adoption of out intervening action or debate. so extensive that it exhausts the com- the Convention would require virtually The PRESIDING OFFICER. Without pensation funds that the Party where no substantive changes in that Act. objection, it is so ordered. the incident occurs is obligated under Moreover, under legislation that is The bill (H.R. 5708) was read the third the Convention to make available. being submitted separately to imple- time and passed.

VerDate 0ct 31 2002 23:52 Nov 16, 2002 Jkt 019060 PO 00000 Frm 00063 Fmt 4637 Sfmt 0634 E:\CR\FM\A15NO6.057 S15PT1 S11224 CONGRESSIONAL RECORD — SENATE November 15, 2002 GILA RIVER INDIAN COMMUNITY Community entered into a settlement with ø(b) PREPARATION OF PAYMENT ROLL.— JUDGMENT FUND DISTRIBUTION the United States on April 27, 1999, for ø(1) IN GENERAL.—The Community shall ACT OF 2002 claims made under Dockets Nos. 236–C and prepare a payment roll of eligible, enrolled 236–D for an aggregate total of $7,000,000; members of the Community that are eligible Mr. REID. Mr. President, I ask unan- ø(6) on May 3, 1999, the United States Court to receive payments under this section in ac- imous consent that the Senate proceed of Federal Claims ordered that a final judg- cordance with the criteria described in para- to the consideration of Calendar No. ment be entered in consolidated Dockets graph (2). 635, S. 2799. Nos. 236–C and 236–D for $7,000,000 in favor of ø(2) CRITERIA.— The PRESIDING OFFICER. The the Community and against the United ø(A) INDIVIDUALS ELIGIBLE TO RECEIVE PAY- States; MENTS.—Subject to subparagraph (B), the clerk will report the bill by title. ø The legislative clerk read as follows: (7)(A) on October 6, 1999, the Department following individuals shall be eligible to be of the Treasury certified the payment of listed on the payment roll and eligible to re- A bill (S. 2799) to provide for the use and $7,000,000, less attorney fees, to be deposited ceive a per capita payment under subsection distribution of certain funds awarded to the in a trust account on behalf of the Commu- (a): Gila River Pima-Maricopa Indian Commu- nity; and ø(i) All enrolled Community members who nity, and for other purposes. ø(B) that payment was deposited in a trust are eligible to be listed on the per capita There being no objection, the Senate account managed by the Office of Trust payment roll that was approved by the Sec- proceeded to the consideration of the Funds Management of the Department of the retary for the distribution of the funds bill which has been reported from the Interior; and awarded to the Community in Docket No. ø Committee on Indian Affairs with an (8) in accordance with the Indian Tribal 236–N (including any individual who was in- Judgment Funds Use or Distribution Act (25 advertently omitted from that roll). amendment to strike all after the en- U.S.C. 1401 et seq.), the Secretary is required ø(ii) All enrolled Community members who acting clause and inserting in lieu to submit an Indian judgment fund use or are living on the date of enactment of this thereof the following: distribution plan to Congress for approval. Act. [Strike the part shown in black brackets øSEC. 3. DEFINITIONS. ø(iii) All enrolled Community members and insert the part shown in italic.] øIn this Act: who died— S. 2799 ø(1) ADULT.—The term ‘‘adult’’ means an ø(I) after the effective date of the payment plan for Docket No. 236–N; but Be it enacted by the Senate and House of Rep- individual who— ø ø(II) on or before the date of enactment of resentatives of the United States of America in (A) is 18 years of age or older as of the this Act. Congress assembled, date on which the payment roll is approved by the Community; or ø(B) INDIVIDUALS INELIGIBLE TO RECEIVE øSECTION 1. SHORT TITLE; TABLE OF CONTENTS. ø(B) will reach 18 years of age not later PAYMENTS.—The following individuals shall ø (a) SHORT TITLE.—This Act may be cited than 30 days after the date on which the pay- be ineligible to be listed on the payment roll as the ‘‘Gila River Indian Community Judg- ment roll is approved by the Community. and ineligible to receive a per capita payment Fund Distribution Act of 2002’’. ø(2) COMMUNITY.—The term ‘‘Community’’ ment under subsection (a): ø(b) TABLE OF CONTENTS.—The table of con- means the Gila River Indian Community. ø(i) Any individual who, before the date on tents of this Act is as follows: ø(3) COMMUNITY-OWNED FUNDS.—The term which the Community approves the payment øSec. 1. Short title; table of contents. ‘‘Community-owned funds’’ means— roll, relinquished membership in the Com- øSec. 2. Findings. ø(A) funds held in trust by the Secretary as munity. øSec. 3. Definitions. of the date of enactment of this Act that ø(ii) Any minor who relinquishes member- øTITLE I—GILA RIVER JUDGMENT FUND may be made available to make payments ship in the Community, or whose parent or DISTRIBUTION under section 101; or legal guardian relinquishes membership on øSec. 101. Distribution of judgment funds. ø(B) revenues held by the Community that behalf of the minor, before the date on which øSec. 102. Responsibility of Secretary; appli- are derived from Community-owned enter- the minor reaches 18 years of age. cable law. prises. ø(iii) Any individual who is disenrolled by ø øTITLE II—CONDITIONS RELATING TO (4) IIM ACCOUNT.—The term ‘‘IIM ac- the Community for just cause (such as dual COMMUNITY JUDGMENT FUND PLANS count’’ means an individual Indian money enrollment or failure to meet the eligibility account. requirements for enrollment). øSec. 201. Plan for use and distribution of ø(5) JUDGMENT FUNDS.—The term ø(iv) Any individual who is determined or judgment funds awarded in ‘‘judgment funds’’ means the aggregate certified by the Secretary to be eligible to Docket No. 228. amount awarded to the Community by the receive a per capita payment of funds relat- øSec. 202. Plan for use and distribution of Court of Federal Claims in Dockets Nos. 236– ing to a judgment— judgment funds awarded in C and 236–D. ø(I) awarded to another community, Indian Docket No. 236–N. ø(6) LEGALLY INCOMPETENT INDIVIDUAL.— tribe, or tribal entity; and øTITLE III—EXPERT ASSISTANCE LOANS The term ‘‘legally incompetent individual’’ ø(II) appropriated on or before the date of øSec. 301. Waiver of repayment of expert as- means an individual who has been deter- enactment of this Act. sistance loans to certain Indian mined to be incapable of managing his or her ø(v) Any individual who is not enrolled as tribes. own affairs by a court of competent jurisdic- a member of the Community on or before the øSEC. 2. FINDINGS. tion. date that is 90 days after the date of enact- øCongress finds that— ø(7) MINOR.—The term ‘‘minor’’ means an ment of this Act. ø(1) on August 8, 1951, the Gila River Indian individual who is not an adult. ø(c) NOTICE TO SECRETARY.—On approval by Community filed a complaint before the In- ø(8) PAYMENT ROLL.—The term ‘‘payment the Community of the payment roll, the dian Claims Commission in Gila River Pima- roll’’ means the list of eligible, enrolled Community shall submit to the Secretary a Maricopa Indian Community v. United members of the Community who are eligible notice that indicates the total number of in- States, Docket No. 236, for the failure of the to receive a payment under section 101(a), as dividuals eligible to share in the per capita United States to carry out its obligation to prepared by the Community under section distribution under subsection (a), as ex- protect the use by the Community of water 101(b). pressed in subdivisions that reflect— from the Gila River and the Salt River in the ø(9) SECRETARY.—The term ‘‘Secretary’’ ø(1) the number of shares that are attrib- State of Arizona; means the Secretary of the Interior. utable to eligible living adult Community ø(2) except for Docket Nos. 236–C and 236–D, øTITLE I—GILA RIVER JUDGMENT FUND members; and which remain undistributed, all 14 original DISTRIBUTION ø(2) the number of shares that are attrib- dockets under Docket No. 236 have been re- øSEC. 101. DISTRIBUTION OF JUDGMENT FUNDS. utable to deceased individuals, legally in- solved and distributed; ø(a) PER CAPITA PAYMENTS.—Notwith- competent individuals, and minors. ø(3) in Gila River Pima-Maricopa Indian standing the Indian Tribal Judgment Funds ø(d) INFORMATION PROVIDED TO SEC- Community v. United States, 29 Ind. Cl. Use or Distribution Act (25 U.S.C. 1401 et RETARY.—The Community shall provide to Comm. 144 (1972), the Indian Claims Commis- seq.) or any other provision of law (including the Secretary enrollment information nec- sion held that the United States, as trustee, any regulation promulgated or plan devel- essary to allow the Secretary to establish— was liable to the Community with respect to oped under such a law), the amounts paid in ø(1) estate accounts for deceased individ- the claims made in Docket No. 236–C; satisfaction of an award granted to the Gila uals described in subsection (c)(2); and ø(4) in Gila River Pima-Maricopa Indian River Indian Community in Dockets Nos. ø(2) IIM accounts for legally incompetent Community v. United States, 684 F.2d 852 236–C and 236–D before the United States individuals and minors described in sub- (1982), the United States Claims Court held Court of Federal Claims, less attorney fees section (c)(2). that the United States, as trustee, was liable and litigation expenses and including all ac- ø(e) DISBURSEMENT OF FUNDS.— to the Community with respect to the claims crued interest, shall be distributed in the ø(1) IN GENERAL.—Not later than 30 days made in Docket No. 236–D; form of per capita payments (in amounts as after the date on which the payment roll is ø(5) with the approval of the Community equal as practicable) to all eligible enrolled approved by the Community and the Com- under Community Resolution GR–98–98, the members of the Community. munity has reconciled the number of shares

VerDate 0ct 31 2002 23:52 Nov 16, 2002 Jkt 019060 PO 00000 Frm 00064 Fmt 4637 Sfmt 0634 E:\CR\FM\G15NO6.125 S15PT1 November 15, 2002 CONGRESSIONAL RECORD — SENATE S11225 that belong in each payment subdivision de- estate account established for the minor, le- and distribution of judgment funds awarded scribed in subsection (c), the Secretary shall gally incompetent individual, or deceased in- to the Community in Docket No. 236–N of the disburse to the Community the funds nec- dividual; and United States Court of Federal Claims (59 essary to make the per capita distribution ø(B) shall invest those funds in accordance Fed. Reg. 31092 (June 16, 1994)). under subsection (a) to eligible living adult with applicable law. ø(b) CONDITIONS.— members of the Community described in sub- ø(j) USE OF RESIDUAL FUNDS.—On request ø(1) PER CAPITA ASPECT.—Notwithstanding section (c)(1). by the Community, any judgment funds re- any other provision of law, the Community ø(2) ADMINISTRATION AND DISTRIBUTION.—On maining after the date on which the Commu- shall modify the last sentence of the para- disbursement of the funds under paragraph nity completes the per capita distribution graph under the heading ‘‘Per Capita As- (1), the Community shall bear sole responsi- under subsection (a) and makes any appro- pect’’ in the plan to read as follows: ‘‘Upon bility for administration and distribution of priate payments under subsection (i) shall be request from the Community, any residual the funds. disbursed to, and deposited in the general principal and interest funds remaining after ø(f) SHARES OF DECEASED INDIVIDUALS.— fund of, the Community. the Community has declared the per capita ø(1) IN GENERAL.—The Secretary, in accord- ø(k) NONAPPLICABILITY OF CERTAIN LAW.— distribution complete shall be disbursed to, ance with regulations promulgated by the Notwithstanding any other provision of law, and deposited in the general fund of, the Secretary and in effect as of the date of en- the Indian Gaming Regulatory Act (25 U.S.C. Community.’’. actment of this Act, shall distribute to the 2701 et seq.) shall not apply to Community- ø(2) GENERAL PROVISIONS.—Notwith- appropriate heirs and legatees of deceased owned funds used by the Community to standing any other provision of law, the individuals described in subsection (c)(2) the make payments under subsection (i). Community shall— per capita shares of those deceased individ- øSEC. 102. RESPONSIBILITY OF SECRETARY; AP- ø(A) modify the third sentence of the first uals. PLICABLE LAW. paragraph under the heading ‘‘General Provi- ø ø(2) ABSENCE OF HEIRS AND LEGATEES.—If (a) RESPONSIBILITY FOR FUNDS—After the sions’’ of the plan to strike the word the Secretary and the Community make a date on which funds are disbursed to the ‘‘minors’’; and final determination that a deceased indi- Community under section 101(e)(1), the ø(B) insert between the first and second vidual described in subsection (c)(2) has no United States and the Secretary shall have paragraphs under that heading the following: heirs or legatees, the per capita share of the no trust responsibility for the investment, ø supervision, administration, or expenditure ‘‘Section 3(b)(3) of the Indian Tribal Judg- deceased individual and the interest earned ment Funds Use or Distribution Act (25 on that share shall— of the funds disbursed. ø(b) DECEASED AND LEGALLY INCOMPETENT U.S.C. 1403(b)(3)) shall not apply to any per ø(A) revert to the Community; and INDIVIDUALS.—Funds subject to subsections capita share of a minor that is held, as of the ø(B) be deposited into the general fund of (f) and (g) of section 101 shall continue to be date of enactment of the Gila River Indian the Community. held in trust by the Secretary until the date Community Judgment Fund Distribution ø(g) SHARES OF LEGALLY INCOMPETENT INDI- on which those funds are disbursed under Act of 2002, by the Secretary. The Secretary VIDUALS.— this Act. shall hold a per capita share of a minor in ø(1) IN GENERAL.—The Secretary shall de- ø(c) APPLICABILITY OF OTHER LAW.—Except trust until such date as the minor reaches 18 posit the shares of legally incompetent indi- as otherwise provided in this Act, all funds years of age. No judgment funds, or any in- viduals described in subsection (c)(2) in su- distributed under this Act shall be subject to terest earned on judgment funds, shall be pervised IIM accounts. sections 7 and 8 of the Indian Tribal Judg- disbursed from the account of a minor until ø (2) ADMINISTRATION.—The IIM accounts ment Funds Use or Distribution Act (25 such date as the minor reaches 18 years of described in paragraph (1) shall be adminis- U.S.C. 1407, 1408). age.’’. tered in accordance with regulations and øTITLE II—CONDITIONS RELATING TO øTITLE III—EXPERT ASSISTANCE LOANS procedures established by the Secretary and COMMUNITY JUDGMENT FUND PLANS øSEC. 301. WAIVER OF REPAYMENT OF EXPERT in effect as of the date of enactment of this ø ASSISTANCE LOANS TO CERTAIN IN- Act. SEC. 201. PLAN FOR USE AND DISTRIBUTION OF JUDGMENT FUNDS AWARDED IN DIAN TRIBES. ø(h) SHARES OF MINORS.— DOCKET NO. 228. ø(a) GILA RIVER INDIAN COMMUNITY.—Not- ø(1) IN GENERAL.—The Secretary shall de- ø(a) DEFINITION OF PLAN.—In this section, withstanding any other provision of law— posit the shares of minors described in sub- the term ‘‘plan’’ means the plan for the use ø(1) the balance of all outstanding expert section (c)(2) in supervised IIM accounts. and distribution of judgment funds awarded assistance loans made to the Community ø (2) ADMINISTRATION.— to the Community in Docket No. 228 of the under Public Law 88–168 (77 Stat. 301) and re- ø (A) IN GENERAL.—The Secretary shall hold United States Claims Court (52 Fed. Reg. 6887 lating to Gila River Indian Community v. the per capita share of a minor described in (March 5, 1987)), as modified in accordance United States (United States Court of Fed- subsection (c)(2) in trust until such date as with Public Law 99–493 (100 Stat. 1241). eral Claims Docket Nos. 228 and 236 and asso- the minor reaches 18 years of age. ø(b) CONDITIONS.—Notwithstanding any ciated subdockets) are canceled; and ø(B) NONAPPLICABLE LAW.—Section 3(b)(3) other provision of law, the Community shall ø(2) the Secretary shall take such action as of the Indian Tribal Judgment Funds Use or modify the plan to include the following con- is necessary— Distribution Act (25 U.S.C. 1403(b)(3)) shall ditions with respect to funds distributed ø(A) to document the cancellation of loans not apply to any per capita share of a minor under the plan: under paragraph (1); and that is held by the Secretary under this Act. ø(1) APPLICABILITY OF OTHER LAW RELATING ø(B) to release the Community from any li- ø(C) DISBURSEMENT.—No judgment funds, TO MINORS.—Section 3(b)(3) of the Indian ability associated with those loans. nor any interest earned on judgment funds, Tribal Judgment Funds Use or Distribution ø(b) OGLALA SIOUX TRIBE.—Notwith- shall be disbursed from the account of a Act (25 U.S.C. 1403(b)(3)) shall not apply to standing any other provision of law— minor described in subsection (c)(2) until any per capita share of a minor that is held, ø(1) the balances of all outstanding expert such date as the minor reaches 18 years of as of the date of enactment of this Act, by assistance loans made to the Oglala Sioux age. the Secretary. Tribe under Public Law 88–168 (77 Stat. 301) ø(i) PAYMENT OF ELIGIBLE INDIVIDUALS NOT ø(2) SHARE OF MINORS IN TRUST.—The Sec- and relating to Oglala Sioux Tribe v. United LISTED ON PAYMENT ROLL.— retary shall hold a per capita share of a States (United States Court of Federal ø(1) IN GENERAL.—An individual who is not minor described in paragraph (1) in trust Claims Docket No. 117 and associated sub- listed on the payment roll, but is eligible to until such date as the minor reaches 18 years dockets) are canceled; and receive a payment under this Act, as deter- of age. ø(2) the Secretary shall take such action as mined by the Community, may be paid from ø(3) DISBURSAL OF FUNDS FOR MINORS.—No is necessary— any remaining judgment funds after the date judgment funds, nor any interest earned on ø(A) to document the cancellation of loans on which— judgment funds, shall be disbursed from the under paragraph (1); and ø(A) the Community makes the per capita account of a minor described in paragraph (1) ø(B) to release the Oglala Sioux Tribe from distribution under subsection (a); and until such date as the minor reaches 18 years any liability associated with those loans. ø(B) all appropriate IIM accounts are es- of age. ø(c) SEMINOLE NATION OF OKLAHOMA.—Not- tablished under subsections (g) and (h). ø(4) USE OF REMAINING JUDGMENT FUNDS.— withstanding any other provision of law— ø(2) INSUFFICIENT FUNDS.—If insufficient On request by the governing body of the ø(1) the balances of all outstanding expert judgment funds remain to cover the cost of a Community, as manifested by the appro- assistance loans made to the Seminole Na- payment described in paragraph (1), the priate tribal council resolution, any judg- tion of Oklahoma under Public Law 88–168 (77 Community may use Community-owned ment funds remaining after the date of com- Stat. 301) and relating to Seminole Nation v. funds to make the payment. pletion of the per capita distribution under United States (United States Court of Fed- ø(3) MINORS, LEGALLY INCOMPETENT INDIVID- section 101(a) shall be disbursed to, and de- eral Claims Docket No. 247) are canceled; and UALS, AND DECEASED INDIVIDUALS.—In a case posited in the general fund of, the Commu- ø(2) the Secretary shall take such action as in which a payment described in paragraph nity. is necessary— ø (2) is to be made to a minor, a legally incom- øSEC. 202. PLAN FOR USE AND DISTRIBUTION OF (A) to document the cancellation of loans petent individual, or a deceased individual, JUDGMENT FUNDS AWARDED IN under paragraph (1); and the Secretary— DOCKET NO. 236–N. ø(B) to release the Seminole Nation of ø(A) is authorized to accept and deposit ø(a) DEFINITION OF PLAN.—In this section, Oklahoma from any liability associated with funds from the payment in an IIM account or the term ‘‘plan’’ means the plan for the use those loans.¿

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SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (2) COMMUNITY.—The term ‘‘Community’’ guardian relinquishes membership on behalf of (a) SHORT TITLE.—This Act may be cited as means the Gila River Indian Community. the minor, before the date on which the minor the ‘‘Gila River Indian Community Judgment (3) COMMUNITY-OWNED FUNDS.—The term reaches 18 years of age. Fund Distribution Act of 2002’’. ‘‘Community-owned funds’’ means— (iii) Any individual who is disenrolled by the (b) TABLE OF CONTENTS.—The table of con- (A) funds held in trust by the Secretary as of Community for just cause (such as dual enroll- tents of this Act is as follows: the date of enactment of this Act that may be ment or failure to meet the eligibility require- Sec. 1. Short title; table of contents. made available to make payments under section ments for enrollment). Sec. 2. Findings. 101; or (iv) Any individual who is determined or cer- Sec. 3. Definitions. (B) revenues held by the Community that— tified by the Secretary to be eligible to receive a TITLE I—GILA RIVER JUDGMENT FUND (i) are derived from trust resources; and per capita payment of funds relating to a judg- DISTRIBUTION (ii) qualify for an exemption under section 7 ment— or 8 of the Indian Tribal Judgment Funds Use (I) awarded to another community, Indian Sec. 101. Distribution of judgment funds. or Distribution Act (25 U.S.C. 1407, 1408). tribe, or tribal entity; and Sec. 102. Responsibility of Secretary; applicable (4) IIM ACCOUNT.—The term ‘‘IIM account’’ (II) appropriated on or before the date of en- law. means an individual Indian money account. actment of this Act. TITLE II—CONDITIONS RELATING TO (5) JUDGMENT FUNDS.—The term ‘‘judgment (v) Any individual who is not enrolled as a COMMUNITY JUDGMENT FUND PLANS funds’’ means the aggregate amount awarded to member of the Community on or before the date Sec. 201. Plan for use and distribution of judg- the Community by the Court of Federal Claims that is 90 days after the date of enactment of ment funds awarded in Docket in Dockets Nos. 236–C and 236–D. this Act. No. 228. (6) LEGALLY INCOMPETENT INDIVIDUAL.—The (c) NOTICE TO SECRETARY.—On approval by Sec. 202. Plan for use and distribution of judg- term ‘‘legally incompetent individual’’ means an the Community of the payment roll, the Commu- ment funds awarded in Docket individual who has been determined to be in- nity shall submit to the Secretary a notice that No. 236–N. capable of managing his or her own affairs by indicates the total number of individuals eligible TITLE III—EXPERT ASSISTANCE LOANS a court of competent jurisdiction. to share in the per capita distribution under subsection (a), as expressed in subdivisions that Sec. 301. Waiver of repayment of expert assist- (7) MINOR.—The term ‘‘minor’’ means an indi- reflect— ance loans to Gila River Indian vidual who is not an adult. (8) PAYMENT ROLL.—The term ‘‘payment roll’’ (1) the number of shares that are attributable Community. means the list of eligible, enrolled members of to eligible living adult Community members; and SEC. 2. FINDINGS. the Community who are eligible to receive a (2) the number of shares that are attributable Congress finds that— payment under section 101(a), as prepared by to deceased individuals, legally incompetent in- (1) on August 8, 1951, the Gila River Indian the Community under section 101(b). dividuals, and minors. Community filed a complaint before the Indian (9) SECRETARY.—The term ‘‘Secretary’’ means (d) INFORMATION PROVIDED TO SECRETARY.— Claims Commission in Gila River Pima-Maricopa the Secretary of the Interior. The Community shall provide to the Secretary Indian Community v. United States, Docket No. enrollment information necessary to allow the 236, for the failure of the United States to carry TITLE I—GILA RIVER JUDGMENT FUND DISTRIBUTION Secretary to establish— out its obligation to protect the use by the Com- (1) estate accounts for deceased individuals munity of water from the Gila River and the SEC. 101. DISTRIBUTION OF JUDGMENT FUNDS. described in subsection (c)(2); and Salt River in the State of Arizona; (a) PER CAPITA PAYMENTS.—Notwithstanding (2) IIM accounts for legally incompetent indi- (2) except for Docket Nos. 236–C and 236–D, the Indian Tribal Judgment Funds Use or Dis- viduals and minors described in subsection which remain undistributed, all 14 original tribution Act (25 U.S.C. 1401 et seq.) or any (c)(2). dockets under Docket No. 236 have been resolved other provision of law (including any regulation (e) DISBURSEMENT OF FUNDS.— and distributed; promulgated or plan developed under such a (1) IN GENERAL.—Not later than 30 days after (3) in Gila River Pima-Maricopa Indian Com- law), the amounts paid in satisfaction of an the date on which the payment roll is approved munity v. United States, 29 Ind. Cl. Comm. 144 award granted to the Gila River Indian Commu- by the Community and the Community has rec- (1972), the Indian Claims Commission held that nity in Dockets Nos. 236–C and 236–D before the onciled the number of shares that belong in each the United States, as trustee, was liable to the United States Court of Federal Claims, less at- payment subdivision described in subsection (c), Community with respect to the claims made in torney fees and litigation expenses and includ- the Secretary shall disburse to the Community Docket No. 236–C; ing all accrued interest, shall be distributed in the funds necessary to make the per capita dis- (4) in Gila River Pima-Maricopa Indian Com- the form of per capita payments (in amounts as tribution under subsection (a) to eligible living munity v. United States, 684 F.2d 852 (1982), the equal as practicable) to all eligible enrolled adult members of the Community described in United States Claims Court held that the United members of the Community. subsection (c)(1). States, as trustee, was liable to the Community (b) PREPARATION OF PAYMENT ROLL.— (2) ADMINISTRATION AND DISTRIBUTION.—On with respect to the claims made in Docket No. (1) IN GENERAL.—The Community shall pre- disbursement of the funds under paragraph (1), 236–D; pare a payment roll of eligible, enrolled members the Community shall bear sole responsibility for (5) with the approval of the Community under of the Community that are eligible to receive administration and distribution of the funds. Community Resolution GR–98–98, the Commu- payments under this section in accordance with (f) SHARES OF DECEASED INDIVIDUALS.— nity entered into a settlement with the United the criteria described in paragraph (2). (1) IN GENERAL.—The Secretary, in accordance States on April 27, 1999, for claims made under (2) CRITERIA.— with regulations promulgated by the Secretary Dockets Nos. 236–C and 236–D for an aggregate (A) INDIVIDUALS ELIGIBLE TO RECEIVE PAY- and in effect as of the date of enactment of this total of $7,000,000; MENTS.—Subject to subparagraph (B), the fol- Act, shall distribute to the appropriate heirs and (6) on May 3, 1999, the United States Court of lowing individuals shall be eligible to be listed legatees of deceased individuals described in Federal Claims ordered that a final judgment be on the payment roll and eligible to receive a per subsection (c)(2) the per capita shares of those entered in consolidated Dockets Nos. 236–C and capita payment under subsection (a): deceased individuals. 236–D for $7,000,000 in favor of the Community (i) All enrolled Community members who are (2) ABSENCE OF HEIRS AND LEGATEES.—If the and against the United States; eligible to be listed on the per capita payment Secretary and the Community make a final de- (7)(A) on October 6, 1999, the Department of roll that was approved by the Secretary for the termination that a deceased individual described the Treasury certified the payment of $7,000,000, distribution of the funds awarded to the Com- in subsection (c)(2) has no heirs or legatees, the less attorney fees, to be deposited in a trust ac- munity in Docket No. 236–N (including any indi- per capita share of the deceased individual and count on behalf of the Community; and vidual who was inadvertently omitted from that the interest earned on that share shall— (B) that payment was deposited in a trust ac- roll). (A) revert to the Community; and count managed by the Office of Trust Funds (ii) All enrolled Community members who are (B) be deposited into the general fund of the Management of the Department of the Interior; living on the date of enactment of this Act. Community. and (iii) All enrolled Community members who (g) SHARES OF LEGALLY INCOMPETENT INDI- (8) in accordance with the Indian Tribal died— VIDUALS.— Judgment Funds Use or Distribution Act (25 (I) after the effective date of the payment plan (1) IN GENERAL.—The Secretary shall deposit U.S.C. 1401 et seq.), the Secretary is required to for Docket No. 236–N; but the shares of legally incompetent individuals de- submit an Indian judgment fund use or distribu- (II) on or before the date of enactment of this scribed in subsection (c)(2) in supervised IIM action plan to Congress for approval. Act. counts. SEC. 3. DEFINITIONS. (B) INDIVIDUALS INELIGIBLE TO RECEIVE PAY- (2) ADMINISTRATION.—The IIM accounts de- In this Act: MENTS.—The following individuals shall be in- scribed in paragraph (1) shall be administered in (1) ADULT.—The term ‘‘adult’’ means an indi- eligible to be listed on the payment roll and in- accordance with regulations and procedures es- vidual who— eligible to receive a per capita payment under tablished by the Secretary and in effect as of the (A) is 18 years of age or older as of the date subsection (a): date of enactment of this Act. on which the payment roll is approved by the (i) Any individual who, before the date on (h) SHARES OF MINORS.— Community; or which the Community approves the payment (1) IN GENERAL.—The Secretary shall deposit (B) will reach 18 years of age not later than roll, relinquished membership in the Community. the shares of minors described in subsection 30 days after the date on which the payment roll (ii) Any minor who relinquishes membership (c)(2) in supervised IIM accounts. is approved by the Community. in the Community, or whose parent or legal (2) ADMINISTRATION.—

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(A) IN GENERAL.—The Secretary shall hold the and (g) of section 101 shall continue to be held funds, shall be disbursed from the account of a per capita share of a minor described in sub- in trust by the Secretary until the date on which minor until such date as the minor reaches 18 section (c)(2) in trust until such date as the those funds are disbursed under this Act. years of age.’’. minor reaches 18 years of age. (c) APPLICABILITY OF OTHER LAW.—Except as TITLE III—EXPERT ASSISTANCE LOANS (B) NONAPPLICABLE LAW.—Section 3(b)(3) of otherwise provided in this Act, all funds distrib- the Indian Tribal Judgment Funds Use or Dis- uted under this Act shall be subject to sections SEC. 301. WAIVER OF REPAYMENT OF EXPERT AS- SISTANCE LOANS TO GILA RIVER IN- tribution Act (25 U.S.C. 1403(b)(3)) shall not 7 and 8 of the Indian Tribal Judgment Funds DIAN COMMUNITY. apply to any per capita share of a minor that is Use or Distribution Act (25 U.S.C. 1407, 1408). Notwithstanding any other provision of law— held by the Secretary under this Act. TITLE II—CONDITIONS RELATING TO (1) the balance of all outstanding expert as- (C) DISBURSEMENT.—No judgment funds, nor COMMUNITY JUDGMENT FUND PLANS sistance loans made to the Community under any interest earned on judgment funds, shall be Public Law 88–168 (77 Stat. 301) and relating to disbursed from the account of a minor described SEC. 201. PLAN FOR USE AND DISTRIBUTION OF JUDGMENT FUNDS AWARDED IN Gila River Indian Community v. United States in subsection (c)(2) until such date as the minor DOCKET NO. 228. (United States Court of Federal Claims Docket reaches 18 years of age. (a) DEFINITION OF PLAN.—In this section, the Nos. 228 and 236 and associated subdockets) are (i) PAYMENT OF ELIGIBLE INDIVIDUALS NOT term ‘‘plan’’ means the plan for the use and dis- canceled; and LISTED ON PAYMENT ROLL.— tribution of judgment funds awarded to the (2) the Secretary shall take such action as is (1) IN GENERAL.—An individual who is not Community in Docket No. 228 of the United listed on the payment roll, but is eligible to re- necessary— States Claims Court (52 Fed. Reg. 6887 (March 5, ceive a payment under this Act, as determined (A) to document the cancellation of loans 1987)), as modified in accordance with Public by the Community, may be paid from any re- under paragraph (1); and Law 99–493 (100 Stat. 1241). maining judgment funds after the date on (B) to release the Community from any liabil- (b) CONDITIONS.—Notwithstanding any other which— ity associated with those loans. provision of law, the Community shall modify (A) the Community makes the per capita dis- Mr. REID. Mr. President, I ask unan- the plan to include the following conditions tribution under subsection (a); and imous consent that the committee sub- (B) all appropriate IIM accounts are estab- with respect to funds distributed under the plan: stitute, as reported, be agreed to; that lished under subsections (g) and (h). the bill, as amended, be read a third (2) INSUFFICIENT FUNDS.—If insufficient judg- (1) APPLICABILITY OF OTHER LAW RELATING TO ment funds remain to cover the cost of a pay- MINORS.—Section 3(b)(3) of the Indian Tribal time and passed and the motion to re- ment described in paragraph (1), the Community Judgment Funds Use or Distribution Act (25 consider be laid upon the table; and may use Community-owned funds to make the U.S.C. 1403(b)(3)) shall not apply to any per that any statements relating to this payment. capita share of a minor that is held, as of the matter be printed in the RECORD. (3) MINORS, LEGALLY INCOMPETENT INDIVID- date of enactment of this Act, by the Secretary. The PRESIDING OFFICER. Without (2) SHARE OF MINORS IN TRUST.—The Secretary UALS, AND DECEASED INDIVIDUALS.—In a case in objection, it is so ordered. which a payment described in paragraph (2) is shall hold a per capita share of a minor described in paragraph (1) in trust until such date The amendment in the nature of a to be made to a minor, a legally incompetent in- substitute was agreed to. dividual, or a deceased individual, the Sec- as the minor reaches 18 years of age. retary— (3) DISBURSAL OF FUNDS FOR MINORS.—No The bill (S. 2799), as amended, was (A) is authorized to accept and deposit funds judgment funds, nor any interest earned on read the third time and passed. judgment funds, shall be disbursed from the ac- from the payment in an IIM account or estate f account established for the minor, legally in- count of a minor described in paragraph (1) competent individual, or deceased individual; until such date as the minor reaches 18 years of ENHANCING THE MANAGEMENT and age. AND PROMOTION OF ELEC- (B) shall invest those funds in accordance (4) USE OF REMAINING JUDGMENT FUNDS.—On TRONIC GOVERNMENT SERVICES with applicable law. request by the governing body of the Commu- AND PROCESSES (j) USE OF RESIDUAL FUNDS.—On request by nity, as manifested by the appropriate tribal the governing body of the Community to the council resolution, any judgment funds remain- Mr. REID. Mr. President, I ask unan- Secretary, and after passage by the governing ing after the date of completion of the per capita imous consent that the Senate proceed body of the Community of a tribal council reso- distribution under section 101(a) shall be dis- to the consideration of H.R. 2458, which lution affirming the intention of the governing bursed to, and deposited in the general fund of, is now at the desk. body to have judgment funds disbursed to, and the Community. The PRESIDING OFFICER. The deposited in the general fund of, the Commu- SEC. 202. PLAN FOR USE AND DISTRIBUTION OF clerk will report the bill by title. nity, any judgment funds remaining after the JUDGMENT FUNDS AWARDED IN date on which the Community completes the per DOCKET NO. 236–N. The legislative clerk read as follows: capita distribution under subsection (a) and (a) DEFINITION OF PLAN.—In this section, the A bill (H.R. 2458) to enhance the manage- makes any appropriate payments under sub- term ‘‘plan’’ means the plan for the use and dis- ment and promotion of electronic Govern- section (i) shall be disbursed to, and deposited tribution of judgment funds awarded to the ment services and processes by establishing in the general fund of, the Community. Community in Docket No. 236–N of the United a Federal Chief Information Officer within (k) REVERSION OF PER-CAPITA SHARES TO States Court of Federal Claims (59 Fed. Reg. the Office of Management and Budget, and TRIBAL OWNERSHIP.— 31092 (June 16, 1994)). by establishing a broad framework of meas- (1) IN GENERAL.—In accordance with the first (b) CONDITIONS.— ures that require using Internet-based infor- section of Public Law 87–283 (25 U.S.C. 164), the (1) PER CAPITA ASPECT.—Notwithstanding any mation technology to enhance citizen access share for an individual eligible to receive a per- other provision of law, the Community shall to Government information and services, and capita share under subsection (a) that is held in modify the last sentence of the paragraph under for other purposes. trust by the Secretary, and any interest earned the heading ‘‘Per Capita Aspect’’ in the plan to There being no objection, the Senate on that share, shall be restored to Community read as follows: ‘‘Upon request from the Com- proceeded to the consideration of the ownership if, for any reason— munity, any residual principal and interest (A) subject to subsection (i), the share cannot funds remaining after the Community has de- bill. be paid to the individual entitled to receive the clared the per capita distribution complete shall Mr. LIEBERMAN. Mr. President, I share; and be disbursed to, and deposited in the general rise to applaud passage by the House (B) the share remains unclaimed for the 6- fund of, the Community.’’. and Senate today of the E-Government year period beginning on the date on which the (2) GENERAL PROVISIONS.—Notwithstanding Act of 2002. The E-Government Act is individual became eligible to receive the share. any other provision of law, the Community strong, bipartisan legislation that will (2) REQUEST BY COMMUNITY.—In accordance shall— help bring the Federal Government with subsection (j), the Community may request (A) modify the third sentence of the first para- into the electronic age by improving that unclaimed funds described in paragraph graph under the heading ‘‘General Provisions’’ (1)(B) be disbursed to, and deposited in the gen- of the plan to strike the word ‘‘minors’’; and the access of all citizens to the govern- eral fund of, the Community. (B) insert between the first and second para- ment services and information they SEC. 102. RESPONSIBILITY OF SECRETARY; APPLI- graphs under that heading the following: rely on every day in their work and CABLE LAW. ‘‘Section 3(b)(3) of the Indian Tribal Judgment personal lives. (a) RESPONSIBILITY FOR FUNDS.—After the Funds Use or Distribution Act (25 U.S.C. The bill that we are passing today, date on which funds are disbursed to the Com- 1403(b)(3)) shall not apply to any per capita H.R. 2458, represents a consensus be- munity under section 101(e)(1), the United share of a minor that is held, as of the date of tween Democrats and Republicans in States and the Secretary shall have no trust re- enactment of the Gila River Indian Community the Senate and the House, and with the sponsibility for the investment, supervision, ad- Judgment Fund Distribution Act of 2002, by the ministration, or expenditure of the funds dis- Secretary. The Secretary shall hold a per capita administration. It is the product of bursed. share of a minor in trust until such date as the more than a year of negotiations and (b) DECEASED AND LEGALLY INCOMPETENT IN- minor reaches 18 years of age. No judgment cooperation between Senators FRED DIVIDUALS.—Funds subject to subsections (f) funds, or any interest earned on judgment THOMPSON, CONRAD BURNS and me, and

VerDate 0ct 31 2002 23:52 Nov 16, 2002 Jkt 019060 PO 00000 Frm 00067 Fmt 4637 Sfmt 0634 E:\CR\FM\A15NO6.069 S15PT1 S11228 CONGRESSIONAL RECORD — SENATE November 15, 2002 Congressmen TOM DAVIS, JIM TURNER, The ‘‘E-Government Act of 2002’’ will agement, establishing mandates for ac- DAN BURTON, and HENRY WAXMAN. It is facilitate this transformation to a gov- tion, and authorizing funding. also the result of important input from ernment organized more appropriately The bill will also substantially en- a range of constituencies who support according to the needs of the public. hance the ability of the Federal Gov- electronic government. This bill has The bill requires agencies to link their ernment to quickly provide informa- won the support of the IT industry, of e-government initiatives to key cus- tion and services to citizens to help the public access community, of pri- tomer segments, and to work collec- them prepare for, and respond to, ter- vacy advocates, and of non-profit tively in doing so. The E-Government rorism, natural disasters, and other groups interested in good government. Fund provides necessary funding for homeland threats. In the hours and There are many others who have con- inter-agency projects, overcoming the days after the terrorist attacks of Sep- tributed to the legislation, too many to difficulty in securing appropriations tember 11, Americans flooded govern- name here. The bill demonstrates what for cooperative endeavors. The Federal ment websites in record numbers, seek- can happen when we put aside partisan Internet Portal provides ‘‘one-stop ing information more targeted than interests and work together to improve shopping’’ for citizens, businesses, and what the media was providing: what the performance of our Government. other governments: information and was happening; how they should re- I introduced the E-Government Act, services will be integrated according to spond to protect themselves from pos- S. 803, on May 1, 2001, with Senator the needs of all users, all of it accessible future attacks; how they could BURNS as chief co-cosponsor, and many sible from a single point on the Inter- help victims; and how people who were original co-sponsors from both parties. net. The Administrator of the Office of victims themselves could seek assist- This March after months of negotia- Electronic Government will oversee ance. The E-Government Act will sub- tions with the White House and with and promote this vital transformation. stantially enhance the ability of the the help of my friend Senator Among its many provisions, the E- Federal Government to quickly provide THOMPSON, an amended version of the Government Act would: establish an information and services to citizens to bill was reported out of the Govern- Office of Electronic Government, head- help them prepare for, and respond to, mental Affairs Committee. The comed by a Presidentially-appointed Ad- terrorism, natural disasters, and other mittee filed Report No. 107–174 with the ministrator within the Office of Man- homeland threats. Mr. President, Congress’s passage of bill; this report provides important ex- agement and Budget; authorize $345 this legislation will result in a better planations and background on key con- million over four years for an E-Gov- Government and a stronger America. cepts and terms in the legislation and ernment Fund to support interagency should be referred to as relevant legis- Mr. REID. Mr. President, I ask unan- e-government projects; improve upon lative history. The E-Government Act imous consent that the bill be read the centralized Federal Government first passed the Senate on June 27 of three times, passed, and the motion to online portal that now exists so that it this year. This fall, the House Govern- reconsider be laid upon the table, with is more user friendly and establish an ment Reform Committee took up H.R. no intervening action or debate; and 2458, companion legislation to S. 803 online directory of Federal web sites, that any statements related to the bill organized by subject matter; require that had been introduced by Rep. JIM be printed in the RECORD. Federal courts to post opinions and TURNER on July 11, 2001. The House The PRESIDING OFFICER. Without Government Reform Committee incor- other information online, and regu- objection, it is so ordered. porated virtually all of the amended S. latory agencies to conduct rule-making The bill (H.R. 2458) was read the third 803. It also expanded upon several pro- over the Internet; improve recruitment time and passed. visions and added new ones, some of and training of information technology f them initiatives that had been worked professionals in Federal agencies; and encourage electronic interoperability UNANIMOUS CONSENT on for some time by Congressman AGREEMENT—H.J. RES. 124 DAVIS, TURNER, BURTON and WAXMAN. so that different agencies can commu- The revised E-government legislation nicate with one another more effi- Mr. REID. Mr. President, I ask unan- was passed by the House by unanimous ciently. imous consent that the majority lead- consent early this morning. We have taken care to include sig- er, with the concurrence of the Repub- In less than a decade the tremendous nificant privacy protections and we ex- lican leader, may at any time proceed growth of the Internet has transformed tend and improve successful informa- to the consideration of Calendar No. the way industry and the public con- tion security provisions due to expire 762, H.J. Res. 124, the continuing reso- duct their business and gain access to this month. The Thompson-Lieberman lution. needed information. This, in turn, has Government Information Security Re- The PRESIDING OFFICER. Without objection, it is so ordered. spawned a growing public expectation form Act, which was enacted at the end that government will make use of new of the last Congress, has provided a f information technologies, and a grow- sturdy management framework for pro- UNANIMOUS CONSENT AGREE- ing support for electronic government. tecting the security of government MENT—AUTHORIZATION TO FILE computers. Congressman DAVIS has au- Information technology, and the Inter- Mr. REID. Mr. President, I ask unan- net in particular, provide a unique op- thored a new version of the legislation, imous consent that following the sine portunity to re-package government updating it and improving it. die adjournment of the 107th Congress, As we are also in the process of de- information and services, so they are the Select Committee on Intelligence bating homeland security legislation, offered to the public according to the be authorized to file, and the Secretary needs of individual customers. They it is worth noting that the E-Govern- of the Senate be authorized to receive, can also facilitate interagency co- ment Act is directly relevant to the a report in either classified or unclassi- operation without requiring a major goal of ensuring improved homeland fied form, or both, solely on the com- reorganization of government agencies. security. The E-Government Act will mittee’s investigation into the intel- Ultimately, e-government can trans- give the Federal Government the tools ligence community’s activities before form the way government operates, es- and structure to transform its IT sys- and after the September 11, 2001, ter- sentially effecting a ‘‘virtual’’ re- tems, one of the greatest rorist attacks on the United States, on engineering of government. This para- vulnerabilities of agencies now tasked one of the following days: Friday, De- digm shift requires systems based on with homeland security missions. As cember 20, 2002, or Thursday, January function and the needs of the citizen we’ve seen through dozens of depress- 2, 2003, from 10 a.m. to 12 noon. rather than agency jurisdiction. If the ing revelations over the last year, we The PRESIDING OFFICER. Without government integrates processes across have desperate need for more effective objection, it is so ordered. agency boundaries, the public will ex- information systems at agencies like f perience government as a seamless web the FBI, CIA, Department of State, the of offerings. Federal services and infor- INS, and state and local authorities. ORDERS FOR MONDAY, NOVEMBER mation on the Internet can even be The E-Government Act will help the 18, 2002 consolidated with those of state and Federal Government get that job done, Mr. REID. Mr. President, I ask unan- local governments. by establishing more effective IT man- imous consent that when the Senate

VerDate 0ct 31 2002 23:52 Nov 16, 2002 Jkt 019060 PO 00000 Frm 00068 Fmt 4637 Sfmt 0634 E:\CR\FM\A15NO6.070 S15PT1 November 15, 2002 CONGRESSIONAL RECORD — SENATE S11229 completes its business tonight, it stand The PRESIDING OFFICER. Without CONFIRMATIONS in adjournment until 11 a.m., Monday, objection, it is so ordered. Executive nominations confirmed by November 18; that following the prayer f the Senate November 15, 2002: and pledge, the morning hour be DEPARTMENT OF STATE deemed expired, the Journal of pro- ADJOURNMENT UNTIL MONDAY, MARY CARLIN YATES, OF OREGON, A CAREER MEMBER ceedings be approved to date, the time NOVEMBER 18, 2002, AT 11 A.M. OF THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER- for the two leaders be reserved for their COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND Mr. REID. Mr. President, if there is PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA use later in the day, and there be a pe- TO THE REPUBLIC OF GHANA. no further business to come before the riod of morning business until 12 noon, Senate, I ask unanimous consent that THE JUDICIARY with Senators permitted to speak for the Senate stand in adjournment under MICHAEL W. MCCONNELL, OF UTAH, TO BE UNITED STATES CIRCUIT JUDGE FOR THE TENTH CIRCUIT. up to 10 minutes each regarding retir- the previous order. ing Members; and at 12 noon the Sen- There being no objection, the Senate, DEPARTMENT OF JUSTICE ate proceed to executive session under at 8:21 p.m., adjourned until Monday, KEVIN J. O’CONNOR, OF CONNECTICUT, TO BE UNITED STATES ATTORNEY FOR THE DISTRICT OF CONNECTICUT the previous order. November 18, 2002, at 11 a.m. FOR THE TERM OF FOUR YEARS.

VerDate 0ct 31 2002 23:52 Nov 16, 2002 Jkt 019060 PO 00000 Frm 00069 Fmt 4637 Sfmt 9801 E:\CR\FM\G15NO6.128 S15PT1 November 15, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E2047 EXTENSIONS OF REMARKS

TRIBUTE TO CONGRESSMAN THANKING MY STAFF state has to offer but also has been inspired SONNY CALLAHAN to give back to the state and its people. He HON. GEORGE W. GEKAS has served in both the House and the Senate OF PENNSYLVANIA as both an appointee and an elected official. During his time in the State legislature he HON. TERRY EVERETT IN THE HOUSE OF REPRESENTATIVES served on countless committees and dedi- OF ALABAMA Thursday, November 14, 2002 cated countless hours to improving the lives of IN THE HOUSE OF REPRESENTATIVES Mr. GEKAS. Mr. Speaker, as I leave the Coloradans. Most notably he has served as Congress for the last time, I want to especially chair of the Health Committee, a member of Thursday, November 14, 2002 thank the many staff who have worked so the Appropriations, Judiciary, and the Children Mr. EVERETT. Mr. Speaker, after nine hard for me over these last 20 years that I and Family and Environmental Committees. terms and 18 years in this chamber, Con- have been privileged to serve the people of He has passionately approached the issues of juvenile crime prevention and intervention, gressman SONNY CALLAHAN of Alabama’s First the 17th District of Pennsylvania. District is saying goodbye to this institution But I want to especially thank my chief of senior citizens issues, housing, and education. Rob’s dedication and hard work is appre- and will retire to life along the Dog River on staff, Allan Cagnoli. Allan has worked his entire career for the people of central Pennsyl- ciated by his colleagues and he will surely be the beautiful Alabama Gulf Coast. vania. Low pay, long hours, incredible stress missed in his absence. Robert Michael Her- SONNY certainly deserves a chance to enjoy and responsibilities are the hallmark burdens nandez has given his time and his energy to life with his family, but I don’t mind telling you of all legislative staff. But Allan Cagnoli was bettering the State of Colorado and it is this that I will miss him. When I came to Wash- and is one of the best of the best. He kept my dedication and hard work that I wish to bring ington ten years ago, I looked to SONNY for Washington, DC, and district staff and offices to the attention of this body of Congress. His guidance as I sought to run my office and running smoothly and efficiently, even under service as a civil servant serves as a true ex- seek committee assignments. I leaned on him the most difficult of times. Whether it was ample for the people of Colorado and indeed pretty heavy in my early days up here and I serving in the minority party in the 1980s, the entire nation. Thank you Rob for all that will be forever grateful for his sound advice. dealing with the Clinton Impeachment in which you have done and good luck in your future I was a House Manager, or spending the last endeavors. SONNY’s reputation of fairness to all is re- 5 years working for passage of my bankruptcy spected and admired on both sides of the reform legislation or any of the several hun- f aisle and his garnered him plenty of friends of dred other measures I introduced or projects I HONORING THE LIFE OF JAMES all political stripes. A good example of this undertook, Allan was there. He was there (JIM) C. BENFIELD was the close friendship he had with the late through thick and thin. And we all know how Rep. Joe Moakley. Politically, they were a thin it can get around here. world apart, but you could not find two better For the past 25 years I and the people of HON. JIM KOLBE friends and I personally enjoyed their company central Pennsylvania and the Nation have OF ARIZONA at dinner on many an evening after we con- been lucky to have a trusted, competent, and IN THE HOUSE OF REPRESENTATIVES cluded legislative business. intelligent aide like Allan Cagnoli. Regardless Thursday, November 14, 2002 For those of us in the Alabama delegation, of what he does in the future, be it to remain here in Washington, DC, to further the cause Mr. KOLBE. Mr. Speaker, it is with great SONNY has been an invaluable ally in obtain- sorrow that I rise today to offer my condo- ing vital federal project funding for our dis- of good government and a better America, or return to his home in Hershey, PA, to help lences to the family and friends of James tricts. His chairmanship of the House Appro- (Jim) C. Benfield, who passed away on No- priations Energy and Water Subcommittee has where it is needed, I will always treasure and thank him and all my staff, both current and vember 2, 2002. I would ask for unanimous been beneficial to our state. past, for their service to me and to our great consent that his obituary appearing in the I personally owe him a debt of gratitude for country. Washington Post on November 3 be included in the RECORD. his help in securing Army Corps funds to re- f build a life-saving levee residents in the flood- For over 12 years, I have worked closely prone town Elba in my congressional district. TRIBUTE TO ROBERT MICHAEL with Jim on an issue that I have spearheaded, SONNY was always there for us, no matter our HERNANDEZ and I have been consistently impressed with personal politics and he never failed to put the his selfless and tireless advocacy. His ability needs of Alabama first. HON. SCOTT McINNIS to organize diverse grassroots coalitions and OF COLORADO deal honestly with me and my colleagues im- SONNY’s impact was not only felt in Ala- pressed me beyond words. His efforts and IN THE HOUSE OF REPRESENTATIVES bama, but also in the Oval Office, where he ethics will be remembered and we will long was continually leaned upon for support of for- Thursday, November 14, 2002 recognize the trails he blazed on behalf of his eign operations funding. As past chairman of Mr. MCINNIS. Mr. Speaker, it is a great clients, his community, and the underprivi- House Appropriations Foreign Operations sub- honor to pay tribute today to a man who has leged that he served in his spare time. committee, SONNY helped to shape America’s embodied the spirit of the state of Colorado I have had a picture that Jim took hanging foreign aid budget and to some degree our through his life-long dedication to serving his in my office for many years. It is a photo of foreign policy. For that reason, it was not un- state. A member of the Colorado State Legis- the Statute of Freedom being lifted from the common to find as many dignitaries in his of- lature, the hard work and dedication of Robert Capitol dome as that she could be refur- fice as constituents from Mobile. Michael Hernandez, known as Rob, is a testa- bished. What an appropriate subject. Jim loved and appreciated the institution she over- For many up here, such power and respon- ment to the Western pride and character of sees. He strived to see issues and seek solu- sibility would go to their heads. But not my state and its citizens. Rob is now leaving the Colorado State Legislature after selflessly tions from an elevated viewpoint like she SONNY’s. He was a cardinal, but foremost he serving since 1991, and I can think of no bet- does. Moreover, he embraced everyone like was and is a gentleman, a statesman, and a ter way to celebrate Rob’s retirement than to she symbolically does. very good friend. honor his many achievements before this body I will miss my friend Jim. Please join me in I want to thank SONNY for his exemplary of Congress and this nation. expressing the condolences of the House to service to this House, to Alabama and to Born in Pueblo, Colorado, and educated in his family. America. We’re going to miss him. Denver, Rob not only experienced the best the [From the Washington Post, Nov. 3, 2002]

∑ 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 0ct<31>2002 03:13 Nov 17, 2002 Jkt 019060 PO 00000 Frm 00001 Fmt 0626 Sfmt 0634 E:\CR\FM\A15NO8.000 E15PT1 E2048 CONGRESSIONAL RECORD — Extensions of Remarks November 15, 2002 JAMES C. BENFIELD, 59; ORGANIZER, ACTIVIST shortcut that commuters took to the local time for additional information about the con- (By Richard Pearson) Metro by laying a bed of garbage can lid-size version ban. stones. He also was known for always giving James C. Benfield, 59, a lobbyist since a hand, forever taking people into his home [From the Washington Times, Nov. 11, 2002] about 1980 who was chief financial officer and who had suffered a tragedy. A SAWDUST TRAIL FOR LOW-CASTE HINDUS? a partner at Bracy Tucker Brown, the Wash- His first marriage ended in divorce. (By Shaikh Azizur Rahman) ington government and public affairs con- Survivors include his wife of 17 years, sulting concern, died of a brain tumor Nov. 2 NEW DELHI.—Low-caste Hindus in the Susan Storing Benfield, and two children, at his home in Takoma Park. southern Indian state of Tamil Nadu are Anna Corinne Benfield and Michael Storing Mr. Benfield, an authority on grass-roots threatening to embrace Christianity, Bud- Benfield, all of Takoma Park; his mother, organizing and advocacy, had corporate cli- dhism, or Islam to protest a new law that Corinne Benfield of Lombard, Ill.; and a sis- ents and was often involved in consumer outlaws religious conversion. ter. issues, as well as causes including coinage, A bill passed into law by the state legislature last month penalizes those who convert daylight savings time reform and help for f the poor. to a religion other than Hinduism with im- He had done work for such clients as the CONVERSION BAN IN INDIA SHOWS prisonment and a hefty fine. Continental Group, the Clorox Co. and IT IS NOT A DEMOCRACY While religious minorities in Tamil Nadu McDonald’s. But he made headlines locally plan to challenge the law in court, many for his advocacy efforts, often as a volunteer, Hindus from so-called ‘‘untouchable castes,’’ managing the Daylight Savings Time Coali- HON. CYNTHIA A. McKINNEY known as Dalits, are threatening to publicly tion, which he founded, and directing the OF GEORGIA defy the new law. One group of Dalit Hindus in the state cap- Coin Coalition and the Campaign for Home IN THE HOUSE OF REPRESENTATIVES ital, Chennai, said that a group of 10,000 will Energy Assistance. Thursday, November 14, 2002 convert to Buddhism on Dec. 6 if the law is Mr. Benfield, who joined what became not revoked. Bracy Tucker in 1980, was a master at orga- Ms. MCKINNEY. Mr. Speaker, the party that Another group, known as the Dalit Pan- nizing coalitions. In his successful efforts to controls the national government in India, the thers of India [DPI], pledged that 25,000 of its extend daylight savings time in April, he BJP, has enacted a ban on religious conver- members would become Christians to protest trumpeted the belief that daylight savings, sions in Tamil Nadu, a state which it controls. what they called an ‘‘unjustified’’ decree. with its longer hours of afternoon daylight, The law prohibits anyone from converting to ‘‘The upper class has been torturing the extended hours of outdoor activity. This any religion except Hinduism. Anyone who Dalits for centuries, and now, by passing the helped him secure the support of associa- bill, the government has decided to shackle tions representing amateur softball, bar- converts to a religion other than Hinduism can be imprisoned and can face a heavy fine. It of- us in a society where we are denied even our becue makers, convenience stores, service basic democratic rights,’’ said one Dalit ac- station dealers, chain restaurants and sport- ficially targets conversions ‘‘by force, allure- tivist, who identified himself by the Chris- ing goods. ment, or fraudulent means,’’ but aren’t all con- tian name Emmanuel. On Oct. 31, Tamil His efforts to reform coinage featured versions by ‘‘allurement,’’ that ism, by persua- Nadu became the first—but probably not the drives to replace the dollar bill with a dollar sion presented by another person? last—Indian state to outlaw religious con- coin, which he pointed out would save the Effectively, the new law prevents all conver- versions. Though the law targets conversions government more than $450 million annually ‘‘by force, allurement or fraudulent means,’’ because coins last longer than bills. It helped sions, except conversions to Hinduism. This is opponents say the language offers the means lead to the Sacagawea dollar coin. Groups part of the fundamentalist Hindu nationalists’ to challenge all conversions to faiths other that came on board for that campaign in- drive for Hindutva—a totally Hindu-dominated than Hinduism. cluded vending businesses and mass transit culture. ‘‘Even if one converts of one’s own ‘‘Even if one changes one’s religion of one’s and amusement park associations. free will, those involved in the conversion can own free will, those involved in the conver- Another of his great efforts was the Home be punished on the grounds that it’s a forced sion can be punished on the ground that it’s Energy Assistance Campaign he started in conversion,’’ said former Tamil Nadu Chief a case of forced conversion,’’ said M. 1993. It now helps 4.3 million households and Minister M. Karunanidhi. Yet the BJP and Karunanidhi a former chief minister of has secured annual congressional appropria- other groups under the umbrella of its parent Tamil Nadu. The new law was welcomed by tions of $2 billion. His partners in this effort Hindu fundamentalists, who govern the na- included the American Red Cross and the organization, the RSS, have been forcibly re- converting people to Hinduism after they have tion in a coalition led by the Hindu nation- Salvation Army. alist Bharatiya Janata Party (BJP). Over the years, Mr. Benfield explained his converted to other religions of their own free ‘‘The BJP is strongly of the view that this views on these issues on ABC’s ‘‘Good Morn- will. law is most necessary for the whole country. ing America,’’ CNN’s ‘‘Larry King Live’’ and According to the Washington Times of No- Lots of money is coming into the country on National Public Radio. He wrote for The vember 11, a Dalit group, the Dalit Panthers of from Islamic organizations to aid conver- Washington Post, Chicago Tribune and Des India, is planning to have 25,000 of its mem- sions,’’ said BJP President M. Venkaiah Moines Register. He also lectured at Harvard Naidu. Ashok Singhal, leader of the World University and conducted workshops for the bers convert to Christianity. Another group of 10,000 Dalits in Chennai plan to convert to Hindu Council (VHP), hailed the law as a Energy Department. ‘‘timely and bold step’’ and he urged other Mr. Benfield, who was born in Philadel- Buddhism on December 6 if this unjustified states to pass similar laws. phia, was a 1965 economics graduate of Drake law is not repealed by then. Dalits, or The issue of religious conversion has long University in Iowa. He was an Army photog- ‘‘Untouchables,’’ are the lowest caste in Hin- been a source of strife in India. While federal rapher in South Korea in 1967 and 1968. He duism and their continuing oppression is es- law allows Indians to change their faith, the came to the Washington area in the 1970s. sential to the preservation of the repressive ruling BJP makes no secret of its dislike of Before becoming a professional lobbyist, he the practice, while its ruling partner—the held a variety of jobs. Hindu social order. It is clear once again that there is no reli- VHP party—views conversions as betrayal. In fact, the collection of jobs he held led to Opponents of the new law warn it will only a 1977 profile in The Post. The jobs included gious freedom in India. India’s claims to be trigger an even larger exodus of Hindus to public relations director of the National democratic are a lie if people cannot freely other faiths. Symphony Orchestra, freelance photog- choose something as basic as their religion. The Global Council of Indian Christians rapher, and apartment manager and part- This is more evidence that India is not the said it was ‘‘alarmed by the hurriedly pro- time janitor. He also had managed a local democracy it claims to be. America must mulgated ordinance,’’ and called it ‘‘the chamber music group, had played classical speak up for the rights of all people in South most heinous violation of religious freedom guitar at restaurants and had given guitar Asia by cutting off our aid and trade to India, aimed at targeting Christian missionaries lessons. by imposing the sanctions the law mandates engaged in poverty alleviation and spreading He assisted the homeless, both with con- the light of education.’’ The All-India Chris- tributions and helping to obtain government for violators of religious freedom, and by de- tian People’s Forum said that it went aid and secure medical care. He worked with claring openly our support for self-determina- against the core of the Constitution. ‘‘This area churches to raise corporate aid for the tion. Why can’t the country that proudly claims ordinance is uncalled for, unwarranted and homeless. The Post wrote about his efforts to be the world’s largest democracy settle its smacks of a pro-Hindu ideological bias of the to raise funds for a sick street musician and minority issues through a free and fair vote? government’’. after the musician’s death, to place a plaque That is the way that democratic countries do ‘‘The bill runs foul of Article 25 [25] of the on the wall where he most often performed. it, and it is the way world powers do it. As Indian Constitution, which grants freedom of His neighbors remembered him as the guy conscience and free profession, practice and who hosted community Fourth of July pic- long as India refuses to do it, it will not be a propagation of religion to every Indian cit- nics that included the firing of a Civil War member of either category. izen,’’ the group said. canon and pruning trees along railroad Mr. Speaker, I would like to place the article Dominic Emmanuel, director of New Delhi rights of way. He also improved a muddy I referred to before into the RECORD at this Catholic Archdiocese, called the measure,

VerDate 0ct<31>2002 03:13 Nov 17, 2002 Jkt 019060 PO 00000 Frm 00002 Fmt 0626 Sfmt 0634 E:\CR\FM\A14NO8.070 E15PT1 November 15, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E2049 ‘‘an assault as much on civil rights as on He listened to those on all sides of an religious freedom. Now sanctions should be human dignity.’’ issue, staking out his position and, as a prag- implemented to help ensure real religious lib- John Daya, secretary-general of the Chris- matist, using his skills as a politician to erty in India. tian Council in New Delhi, said: ‘‘In fact, the craft compromises on both sides of the aisle This is just the latest chapter in a long his- only inducements by fraud and fear are those to move needed legislation. tory of repression of Sikhs by India. Over a being carried out by [Hindu organizations] in In his leadership role as the ranking Demo- the tribal belt, where innocent tribals are crat on the House Financial Services Com- quarter of a million Sikhs have been murdered being forced to become Hindus.’’ mittee, John LaFalce exercised extraor- since 1984. More than 52,000 are being held Muslims, too, are concerned. ‘‘How can dinary influence over the outcome of finan- as political prisoners, according to a report by conversions be prevented if an individual is cial services and housing legislation. He con- the Movement Against State Repression. An- attracted to another religion because of his tributed greatly to the historic Gramm- other 50,000 have simply been made to or her faith in it? Force is never used to con- Leach-Bliley Act by first introducing his ‘‘disappear.’’ The police picked up 50,000 Sikh vert one to Islam because it is against the own bipartisan bill and then by helping to youth, tortured them, murdered them, declared basic tenets of [Islam],’’ said Maolana craft the final product. In his long career, their bodies ‘‘unidentified’’ and secretly cre- Siddikullah Chowdhury, general secretary of Rep. LaFalce was involved in all of the the Jamiat-e-Ulema party in Calcutta. major legislative initiatives on banking and mated them, and refused to hand the remains He added that low-caste Hindus converted financial services. over to the families. Christians, Muslims, to Islam simply to ‘‘escape discrimination John LaFalce is a consumer and commu- Dalits, and other minorities have seen similar and ill treatment’’ and not under any coer- nity advocate, and a staunch defender of the atrocities committed against them, yet the cion. Community Reinvestment Act and financial world treats India as a respectable, democratic f privacy. And yet bankers also found him to country. be a champion of balance. Mr. Speaker, we must stop our aid to India A TRIBUTE TO JOHN LAFALCE As chairman of the House Small Business now. We must declare our support for self-de- Committee, John LaFalce paid special atten- termination for the Sikhs of Khalistan, for pre- HON. BARNEY FRANK tion to the needs of women who are small dominantly Christian Nagaland, for Kashmir, business leaders and entrepreneurs. He wrote OF MASSACHUSETTS the Women’s Business Ownership Act, which and for everyone in South Asia. The corner- IN THE HOUSE OF REPRESENTATIVES improves access to credit for women. stone of democracy is the right to self-deter- Thursday, November 14, 2002 Rep. LaFalce’s public service career was mination. I would like to place the Tribune article on Mr. FRANK. Mr. Speaker, for the past sev- aptly summarized in a citation by Niagara University when it awarded him the hon- the police invasion of the Golden Temple com- eral years, I have had the privilege of working orary degree of Doctor of Laws. It read, in plex into the RECORD at this time. I think my under the leadership of our colleague from part, ‘‘Three qualities emerge as best de- colleagues will find it very informative. New York (Mr. LAFALCE) in his role as Senior scribing the man: honesty, energy and con- [From the Tribune (Chandigarh), Nov. 11, Democrat on the Committee on Financial viction.’’ 2002] Services (as it is now officially called, after our These qualities, along with his integrity, Republican colleagues gave a hint of their pol- leadership, and good humor, will be missed POLICE ENTERS GOLDEN TEMPLE COMPLEX icy preferences by excising from the Commit- in the halls of Congress. John LaFalce leaves (By Prabhjot Singh) tee’s title any reference to cities, urban affairs behind a legacy of outstanding achievement. CHANDIGARH, Nov. 10.—Less than 24 hours America’s Community Bankers extends its before a five-member NDA team, led by or housing). best wishes for the future. union minister Sahib Singh Verma, could fly In his leadership of the minority on this im- into the Holy City of Amritsar to oversee the portant committee, Mr. LAFALCE has been a f conduct of next Tuesday’s annual election to committed, creative, forceful advocate of poli- POLICE AGAIN ENTER GOLDEN the SGPC executive committee, Punjab policemen in plain clothes entered the Golden cies that combined support for a strong free TEMPLE COMPLEX market with concern for fairness for con- Temple complex on the pretext of searching sumers and social justice for people with low all three serais (inns) there. HON. DAN BURTON Accompanying the team would be not only incomes. No opposition was strong enough to Union Chemicals and Fertilisers Minister, OF INDIANA deter him from fighting for an America that Sukhdev Singh Dhindsa, who is also a SAD was both prosperous and fair, and he helped IN THE HOUSE OF REPRESENTATIVES General Secretary, but also 100-odd SGPC people understand that these goals are mutu- Thursday, November 14, 2002 members owing allegiance to SAD chief ally supportive, not exclusive. Parkash Singh Badal. Personally, I have been the beneficiary of Mr. BURTON of Indiana. Mr. Speaker, in Though preventive arrests continued his ability to lead in a cooperative spirit, and June 1984, Indian forces invaded the Golden throughout the state and Golden Temple Temple, the most sacred Sikh shrine, and complex was put under police siege with the to perform both his partisan and bipartisan deployment of hundreds of anti-riot police- roles with great skill. That is, when possible, other Sikh Gurdwaras around Punjab, killing 20,000 people. As Sant Jarnail Singh men in anti-combat gear, some of the Akali he worked constructively with the majority leaders, including former Finance Minister party to improve legislation, when necessary Bhindranwale said, this helped lay the founda- Kanwaljit Singh managed to sneak into the he led the minority in an effective and cohe- tion of Khalistan, the Sikh homeland that de- sanctum sanctorum. sive way. clared its independence in 1987. Now the po- Talking to The Tribune over the telephone, The financial community, the House, and I lice have again invaded the Golden Temple Mr Sukhdev Singh Dhindsa said the names of personally will miss him. As an indication of complex on the pretext of searching the three four NDA observers—Mr Sahib Singh Verma, Mr Thomas (MP, Samata), Mrs D’Souza (MP, this, I ask that the well-merited tribute con- buildings in the complex in connection with the upcoming elections for the Shiromani Samata), and Mrs Anita Arya (MP, BJP)— tained in a recent editorial from the official have already been cleared, the Union Civil publication of America’s Community Bankers Gurdwara Prabandhak Committee (SGPC), Aviation Minister, Mr Shah Nawaz, is also be printed here. And, I thank America’s Com- which oversees all the Gurdwaras in India. expected to be a part of the special NDA munity Bankers for this gracious—and entirely The police were accompanied by Indian po- team to oversee the SGPC elections. The ob- accurate—summation of JOHN LAFALCE’s litical officials, including the Chemicals and servers and the SGPC members would take a work. Fertilizers Minister, Sukhdev Singh Dhindsa. chartered flight from New Delhi to Amritsar People of all religions and from all over the tomorrow afternoon. THE LAFALCE LEGACY: THREE DECADES OF world have been welcomed to worship at the Mr Dhindsa further said that on the basis LEADERSHIP FOR BANKS of the complaint lodged by the Shiromani Congressman John J. LaFalce (D–N.Y.), Golden Temple. Now even members of the Akali Dal with the Union Home Minister who represented western New York’s 29th SGPC may well be blocked from entering it. yesterday, the Union Home Secretary today Congressional District since he was elected Some SGPC workers had a verbal altercation called Punjab Chief Secretary Y.S. Ratra on to Congress in 1974, will retire at the end of with two of the invading police officials, ac- the telephone and expressed his ‘‘strong dis- the current Congress. His departure rep- cording to the Tribune newspaper out of pleasure’’ over ‘‘politicalisation of the bu- resents the end of an era. Chandigarh. The article reports that SGPC reaucracy’’. Congressman LaFalce has been a good members have already had to sneak into the The Chief Secretary reportedly assured the friend of the banking industry. In his years Union Home Secretary that no SGPC mem- of service, from the U.S. Army Adjutant Golden Temple complex. ber would be stopped from reaching the Gold- General Corps, to the New York State Sen- Mr. Speaker, this is further proof that there en Temple complex for attending the elec- ate and State Assembly, to the House of Rep- is no religious freedom in ‘‘the world’s largest tion meeting. Efforts would be made to fa- resentatives, John LaFalce personified the democracy.’’ India has already been added to cilitate those lodged in jails in one case or best in public service. our government’s list of countries that violate the other to attend and vote in the elections.

VerDate 0ct<31>2002 03:13 Nov 17, 2002 Jkt 019060 PO 00000 Frm 00003 Fmt 0626 Sfmt 0634 E:\CR\FM\A14NO8.072 E15PT1 E2050 CONGRESSIONAL RECORD — Extensions of Remarks November 15, 2002 Meanwhile, reports indicate that so far the apologize at Akal Takht and accepted Bhai to join me in extending its thanks to the three Punjab police has taken 1,222 Akali workers Ranjit Singh as Jathedar of Akal Takht. He men for their commitment to their country. into custody. Of these 934 belong to claimed that 50 SGPC members were strong- Shiromani Akali Dal, 234 to Sarb Hind ly behind the SHSAD. f Shiromani Akali Dal, 50 to Shiromani Akali Senior Akali leader and close aide of Mr. THE LAND OF THE PLENTY Dal (Amritsar) and one owes allegiance to Parkash Singh Badal, Capt Kanwaljit Singh Mr Ravi Inder Singh. The remaining three claimed that the SAD has formulated its se- belong to the Mehta faction of the AISSF. cret strategy to bring all 120 SGPC members HON. CONSTANCE A. MORELLA Of these, the maximum arrests of the to Teja Singh Samundri Hall on November 12 OF MARYLAND Badal men were made in Sangrur (73), fol- to elect the President and the executive IN THE HOUSE OF REPRESENTATIVES lowed by Majitha (64), Tarn Taran (60) and committee. Talking to newsmen this evening Patiala (62). Rashmi Talwar and Ashok Sethi at Bhai Gurdas Hall after managing to enter Thursday, November 14, 2002 in their reports from Amritsar said the po- the city in disguise. He said the reign of ter- Mrs. MORELLA. Mr. Speaker, those of you lice in a pre-dawn swoop entered the Golden ror unleashed by the Amarinder Singh gov- who were with us last evening recall that I Temple complex on the pretext of searching ernment on Akali leaders and workers were mentioned that this month is the two-year an- all three serais—Guru Nanak Niwas, Guru trampling upon their democratic rights. Hargodbind Niwas and Mata Ganga Niwas. Capt Kanwaljit Singh said Mr. Badal, along niversary of the report that came out called When the police arrived to get the three with all 120 members, would land at ‘‘The Land of Plenty.’’ This was a report of the serais vacated to ensure implementation of Rajasansi Airport tomorrow for the SGPC Congressional Commission on Advancement the orders, among those evicted were 50 general house election meeting. Party lead- of Women, Minorities, and Persons with Dis- schoolchildren in the age group of six to ers and workers would ensure that all SGPC abilities in Science Engineering and Tech- eight years from Lucknow. The police par- members manage to enter the Golden Tem- nology Development. It is legislation that I in- ties which were headed by Mr Jagdish Khera ple complex on that day. troduced a number of years ago, and like so He claimed that the ex-parte disqualifica- and Mr R.S. Ghuman, both DSPs, had a much of what we know, you have to be tena- verbal altercation with the SGPC workers tion of SGPC members by the SGJC was who resisted the attempts of the raiding likely to be set aside by the Punjab and cious and diligent and patient and persevere. party to get the serais vacated. Mr Harbant Haryana High Court tomorrow. The legislation established a commission that Singh and Mr Ajaib Singh, Secretary of the Discounting the rumors of a patch-up be- looked comprehensively at the challenge of SGPC, and personal assistant to the SGPC tween Mr. Badal and Mr. Tohra, Capt under-representation in America’s science and chief, respectively, refused to budge holding Kanwaljit Singh said there was no scope for engineering workforce and the educational that the orders were not specific to the any compromise. The Badal candidate would pathway that feeds into it. The commission win hands down, he asserted. SGPC and ‘‘devotees’’ could not be evicted called for the establishment of a public/private from a religious complex. The arrival of the Jathedar of Akal Takht, The SGPC Chief, Prof Kirpal Singh Giani Joginder Singh Vedanti, here this partnership to take America into acting to re- Badungar, who had to rush to Amritsar from evening has raised speculation about an ap- dress the stunning imbalance in America’s Bathinda, after the police entry into the peal being made by him for a patch-up be- technical talent pool. In their report to Con- complex, assailed the government action tween the two Akali stalwarts to avoid a gress, BEST presented their findings on Sep- maintaining that it was a direct attack on confrontation even as the Congress Govern- tember 26, 2002 at 8:15 a.m. in the Cannon the most sacred Sikh shrine and the Con- ment has queered the pitch with heavy de- Caucus Room, 345 Cannon House Office ployment of the police around the complex. gress Government was bent upon disturbing Building, Washington, D.C., Representatives communal peace and harmony. f CONNIE MORELLA and EDDIE BERNICE JOHN- The police officials managed to get computer printouts of the names and addresses SELECTIVE SERVICE VOLUNTEERS SON, BEST National Leadership Council Co- of 2,000 devotees staying in the serais. Chairs, presiding. (Following are edited com- Hundreds of policemen in top anti-combat ments. The full testimony is available at gear laid a siege to the Golden Temple com- HON. BOB SCHAFFER www.bestworkforce.org.) plex. The mounted police has also been de- OF COLORADO BUILDING ENGINEERING AND SCIENCE TALENT ployed around the complex. IN THE HOUSE OF REPRESENTATIVES Talking to The Tribune over the cellphone, Thursday, November 14, 2002 BLUE RIBBON PANELS, INTERIM PROGRESS Capt Kanwaljit Singh said that that action REPORT: TO CONGRESS of the police in the morning and again in the Mr. SCHAFFER. Mr. Speaker, I rise today September 26, 2002 evening of searching serais and evicting to congratulate Mr. George C. Everett of Fort Present: CONSTANCE A. MORELLA, (R–MD) yatris was a serious ‘‘violation of the sanc- Collins, Colorado; Mr. Ralph L. Spellman of National Leadership Council Co-Chair; EDDIE tity of the Golden Temple complex.’’ The ac- Yuma, Colorado; and Mr. Dale H. Shoemaker BERNICE JOHNSON, (D–TX) National Leader- tion of the government amounts to gross in- Sr. of La Junta, Colorado on their appoint- ship Council Co-Chair, Allan Alson, super- terference in the religious affairs of the ments to Selective Service Local Boards 006 intendent, Evanston Township High School; Sikhs and could lead to serious complica- and 024 in Greeley, Colorado, and 026 in Dan Arvizu, senior vice president, CH2M Hill; tions besides disturbing communal harmony Earnestine R. Baker, Meyerhoff Program and peace in the state.’’ Pueblo, Colorado respectively. Local board members have the distinction of UMBC; Alfred Berkeley, vice chair, NASDAQ He said a number of SGPC members and Stock Market, Inc.; Rita Colwell, director, dal workers had already managed to sneak receiving an appointment by the Director of National Science Foundation; Cinda-Sue into the complex. Selective Service in the name of President Davis, director, WISE, University of Michi- Professor Badungar told newsmen that in George W. Bush, and on the recommendation gan; Marye Anne Fox, chancellor, North case the police entered Teja Singh of Governor Bill Owens. Patriotic Americans, Carolina State University; Eugene Garcia, Samundari Hall on the day of the election these board members serve their country by professor, Arizona State University; Shirley meeting, the repercussions would be volunteering their time to assist the govern- Malcom, head, Education Directorate, Amer- ‘‘drastic’’. ican Association for the Advancement of He said the government was gripped by a ment in selecting men suitable for military service in the event of a draft. If a draft com- Science; Willie Pearson, Jr., professor, Geor- ‘‘fear psychosis’’ and its nervousness was evi- gia Institute of Technology; Anne Petersen, dent from the desperate steps it was taking. mences, these citizens would decide who senior program director, W.K. Kellogg Foun- He maintained that the national and inter- would receive deferments, postponements, or dation; Paula Rayman, professor, University national media would be permitted to cover exemption from military service based on the of Massachusetts; Claibourne Smith, presi- the executive committee elections as he dis- individual registrant’s circumstances and be- dent, Delaware Foundation for Science and approved on any NDA observers to oversee liefs. Math Education; Richard Tapia, professor, the elections. No other SGPC employee The Selective Service System is America’s Rice University, Deborah Wince-Smith, would be allowed inside the meeting hall. president, Council on Competitiveness; also The SGPC chief said that non-bailable war- defense manpower ‘‘insurance policy’’ in a still present, John Yochelson, BEST, testimony rants issued against former SGPC chief Jagir dangerous and uncertain world. The service into RECORD: Shirley Ann Jackson, presi- Kaur by a Kapurthala court was an indica- performed by a Selective Service Board Mem- dent, Rensselaer Polytechnic Institute. tion of the desperation of the state govern- ber provides a vital link between the commu- PROCEEDINGS ment. nity and today’s military. His hard work helps Meanwhile, Mr. Sukhdev Singh Bhaur, guarantee claims filed by young men for MORELLA: Women, African-Americans, His- General Secretary, SHSAD supported the or- panics, Native Americans, persons with dis- ders issued by the District Magistrate but deferments and exemptions will receive fair abilities make up two-thirds of our work- held that these orders should be applicable in and equitable consideration if a future crisis force but they hold only one-fourth of the case of ‘‘bad elements’’ and not the devotees. requires reinstatement of a draft. jobs in science, engineering, and technology. The SHSAD was ready for a truce with Mr. Congratulations to these dedicated volun- We perceive this really as a vulnerability Parkash Singh Badal provided he agreed to teers on their appointments. I urge the House that threatens the living standards of all

VerDate 0ct<31>2002 03:13 Nov 17, 2002 Jkt 019060 PO 00000 Frm 00004 Fmt 0626 Sfmt 0634 E:\CR\FM\A14NO8.075 E15PT1 November 15, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E2051 Americans. BEST is the partnership rec- And in the post-9/11 world, we need to also is a challenge. But to think of the digital di- ommended by the congressional commission. focus more of our talent on homeland secu- vide as something that is related only to Since incorporating one year ago, BEST has rity. We live in a unique time in which every computer availability minimizes the real assembled an extraordinary array of talent, citizen must ‘‘count’’ for opportunities and problem * * * talent to assess what’s working across the must be ‘‘counted’’ for contributions to our TESTIMONY OF RICHARD TAPIA, PROFESSOR, whole continuum of workforce development, society’s well being. The well being of indi- RICE UNIVERSITY pre K–12, higher education in the workforce. viduals and of the nation will depend on TAPIA: Thank you. My topic is university These panels will report their findings and knowledge and skills in science, engineer- program leadership, producing women and recommendations next spring. The bench- ing& and technology. How well we prepare under-represented minorities in science and marks they identify and the insights they our human resource in these areas will deter- engineering programs at research univer- develop into what works, why it works, mine how well we are prepared as a nation in sities. I’ll start with point one, everything under what conditions it works, is going to this new century * * * i.e. success or failure depends on leadership, be of very great interest to Congress and to TESTIMONY OF ALFRED BERKELEY, VICE- strong, forceful, respected, effective leader- the nation. BEST’s national assessment will CHAIRMAN, NASDAQ STOCK MARKET, INC. ship. The second point, administration from provide a foundation for action both at the top to bottom must support the activity. national level as well as in communities Mr. BERKELEY: Thank you, Chair MORELLA. This is absolutely necessary to promote buy- across the country. Now the purpose of to- I thank you for your persistence. I think per- in at the faculty level. If the administration days progress report is to let policymakers sistence is a valuable, valuable attribute. We doesn’t support, then the faculty has a way know how the work of BEST is going; and will not win this problem without staying fo- out, extremely important to have the admin- first, we’re going to get a perspective on the cused and persistent. You might ask what istration support but they don’t do the activ- framing of a national action agenda to meet does the stock market have to do with the ity, they support it. Success in promoting the challenge of under-representations, and education business? I will tell you: a con- then we’re going to hear from leaders instant theme of my conversations with the underrepresented minorities and women in volved in BEST’s assessments of the work- chief executive officers of the largest tech- science, engineering and mathematics, replace, higher education and pre K–12. The nology companies in the county) both in in- quires a champion. The champion must be a progress report will wrap up with a discus- formation technology and biotech, is where respected member of the faculty. The cham- sion of BEST’s plans to spur action in the are they going to get enough technically pion will serve as an advocate. We can’t con- field through community engagement. I have trained workers and that handful of brilliant tinue to have a two-tier or fragment our sys- the honor of chairing this segment and EDDIE scientists that make the difference in break- tem. Minority-serving institutions do good BERNICE JOHNSON will lead the workforce dis- throughs? I think that this audience should jobs. Ph.D. producing at minority-serving in- cussion and then I’ll return to moderate the know that the technology community has stitutions will not produce the scientific other segments. been shaken to its foundation by the loss of leaders of the community or the professional U.S. supremacy in supercomputing. Japan organizations. The outreach activity is not TESTIMONY OF SHIRLEY ANN JACKSON, PRESI- now has supercomputers 30 times more pow- rewarded at research universities. Often this DENT, RENSSELAER POLYTECHNIC INSTITUTE erful than ours having followed a technology activity will jeopardize the university career AS READ IN HER ABSENCE BY ANNE PETERSEN, path that we abandoned about ten years ago of a young faculty member * * * SENIOR VICE PRESIDENT, THE KELLOGG FOUN- * * * My goal this morning was to affirm to DATION TESTIMONY OF CINDA-SUE DAVIS, DIRECTOR, you that the business community is firmly WOMEN IN SCIENCE AND ENGINEERING, UNI- PETERSEN: Thank you. It’s a great privi- interested in this endeavor and that we can VERSITY OF MICHIGAN lege this morning to be stepping in for Dr. bring substantial resources to bear on re- Shirley Ann Jackson. When Dr. Jackson was DAVIS: Good morning. The University of search-based solutions that are working and chair of the U.S. Nuclear Regulatory Com- Michigan Women in Science and Engineering are proven to work * * * mission, she instituted policies for that Residence Program, called the WISE–RP, is a agency that were based on the assessment of TESTIMONY OF WILLIE PEARSON, JR., GEORGIA living-learning community for 120 first year risk to the nation’s nuclear power plants and INSTITUTE OF TECHNOLOGY women and 33 sophomore or junior level vulnerability to that risk. The process is PEARSON: Now I will briefly discuss the ob- women interested in science, mathematics, termed probabilistic risk assessment. Look- jectives of the higher education panel. First, and engineering. The primary purpose of the ing squarely at the vulnerability to risk de- we wanted to have a comprehensive exam- WISE–RP is to provide academic and per- termines clearly what action must be taken ination of the challenge of increasing both sonal support to undergraduate women, in- to reduce the risk of a particular threat. the quantity and quality of university grad- cluding historically underrepresented minor- This is what BEST is doing. The work that uates from under-represented groups in ity women, by providing an academically BEST has done this past year has revealed science, engineering and technology. Our and socially supportive community. WISE– that the United States faces serious risk of second goal was to identify and critically RP provides contiguous living arrangements losing its economic preeminence, security, analyze exemplars whose design principles in a mid-size coed residence hall of 500 stu- and its well-being as a nation without peer. merit adaptation and replication across the dents * * * That risk is embedded in the fact that while country. The third was to further develop TESTIMONY OF EARNESTINE BAKER, MEYERHOFF there is a growing need for scientists, engi- policy recommendations discussed in ‘‘The SCHOLARSHIP PROGRAM, UNIVERSITY OF neers and other technologically skilled Quiet Crisis’’ paper. Because higher edu- MARYLAND, BALTIMORE CAMPUS workers, the United States is simply not pro- cation provides a strategic bridge between BAKER: The Meyerhoff Scholarship Pro- ducing enough of them. That leaves the pre K–12 and the workplace, the panel has fo- gram is designed to address the particular United States reliant upon scientists and en- cused on measurable outcomes reinforced by needs of African American students in gineers from other nations, a situation that the earlier discussions. As you can see, at science, mathematics, and engineering. Key bears its own inherent risk and curtailments each segment beyond the high school level components of the Program include: an in- as we know. Most of the numbers are in- the science and engineering talent gets depth screening process that seeks students cluded in the BEST paper, ‘‘The Quiet Cri- smaller and smaller for the whole population genuinely committed to a postgraduate re- sis’’ which we present to you today, and I unin particular but especially for African search-based degree and career; a com- derstand you have the series of charts as Americans, Hispanics, and Native Americans prehensive four-year scholarship package; a well * * * *** mandatory academic Summer Bridge pro- TESTIMONY OF RITA COLWELL, DIRECTOR, TESTIMONY OF MARYE ANNE FOX, CHANCELLOR, gram for incoming freshmen; study groups; NATIONAL SCIENCE FOUNDATION NORTH CAROLINA STATE UNIVERSITY community living and regular ‘‘Meyerhoff COLWELL: Thank you. It is an honor to be FOX: You know it’s been over 50 years in Family’’ Meetings; personalized advising and part of todays panel on building the U.S. which there’s been an explicit compact be- counseling; tutoring summer research in- science, engineering and technology work- tween the research universities and the gov- ternships with companies, federal agencies, force by fully developing the nation’s diverse ernment of the United States that research and other research universities; mentoring; human resources. The United States has be- universities would provide leadership in de- faculty involvement; administrative involve- come increasingly diverse in recent decades veloping a workforce that is appropriate for ment; family involvement; community serv- and will move steadily in the direction of the economic growth of this nation. That is ice; and extensive program evaluation. greater diversity in the future. The Bureau research universities have pledge to create Eighty-eight percent of participants are pur- of Labor Statistics projects, for the decade knowledge, to provide innovative leaders for suing post-graduate degrees primarily doc- 1998—2008, that the general labor force developing the frontiers of science, for lead- torates in science, mathematics, and engi- growth rates of minorities will more than ing economic recovery and for providing a neering or medical/ doctorate degrees, at in- triple the overall growth rate. But, we’re not workforce that can sustain and create jobs stitutions ranging from Harvard, Stanford, making comparable progress in changing the and wealth for the United States. But over Berkeley, Yale, Duke, Johns Hopkins and composition of the science and engineering those 50 years, we’ve not had full participa- Oxford * * * workforce. It looks the same as it has for tion as we’ve heard in the earlier discus- TESTIMONY OF DAN ARVIZU, SENIOR VICE generations. We need the talent of every sions. If we go to K–12 to look at the roots PRESIDENT, CH2M HILL worker in order to keep our nation competi- for this difference in participation level, ARVIZU: It is established we have a serious tive and prosperous now and in the future. we’re well aware of the digital divide which problem. The questions before us are, what

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can be done about it? and, who should do it? trates an approach utilized by my former TESTIMONY OF EUGENE GARCIA, PROFESSOR, Our Panel’s work addresses these questions colleagues at duPont. We established a set of ARIZONA STATE UNIVERSITY from the perspective of the workplace. Let principles that are still effective in increas- GARCIA: Clearly, in this endeavor, we know me start by stating the two core objectives ing our company’s diversity internally. the pathway to science and technology of the of the Panel. Number one, we are to identify These principles are: (1) Leadership must future begins in the Pre K–12 sector, if not and distill the success factors and best prac- come from the top echelons of the organiza- earlier. So our efforts at BEST are to look tices that create a more inclusive workplace tion. Managers must ‘‘walk the talk.’’ An in- very carefully at the beginning pathway or spanning the private sector, including indus- stitution must have highly visible, fully in- the beginning steps into science, technology try and academe, as well as, government. volved, visionary leaders in order to make and mathematics. Our students depend heav- This distillation will form the foundational valuing diversity efforts a success. (2) Ac- ily on the public school system and other al- asset base that can be accessed by BEST’s countability for personal and organizational ternatives to move forward to those futures proposed test-bed community programs as behavior must exist. A system must be in they get underway. Number two, we are to that we believe should be available to all place to motivate behavior change and that children in this country. BEST has a par- develop an action agenda that moves the means diversity performance must be linked country forward toward the adoption of ticular way in which we are striving to open to compensation and advancement. (3) Val- the doors to the world of science, technology these best practices. Although the work of uing diversity must be perceived as a critical the panel is not yet complete, I can report on and mathematics for all children. First, the part to the success of the organization i.e., a membership of BEST feels that we need to some of our initial findings on success fac- business imperative. (4) Education around tors and provide some of our early thinking understand what is now working for students this issue must not only raise awareness, but as we move into the recommendations phase in this arena—particularly with our target more importantly, develop skills needed to of our work. First, and perhaps most impor- populations in mind. BEST is attending to work in and manage a multicultural organi- tant, is what we will call ‘‘transformational’’ the strict notion that we need to understand zation. (5) Finally, effective mentoring pro- leadership. Leaders who believe in and value empirically ‘‘what works’’. We need to have grams for women and underrepresented mi- diversity as a business imperative invest good research-based information, solid evi- time and effort to change the future of their norities must be developed and implemented dence, and clear knowledge about which pro- organizations. They drive this change deep * * * gram make a difference for whom, how they make a difference, and what are the actual into the culture and management of the or- TESTIMONY OF SHIRLEY MALCOM, HEAD, EDU- results. The reason we are so attached to ganization and do not simple espouse it only CATION DIRECTORATE AMERICAN ASSOCIATION this notion of having solid evidence for what in the top layer of management. Second, a FOR THE ADVANCEMENT OF SCIENCE commitment to skills development that works is that if anyone needs to move for- translates diversity into enhanced perform- MALCOM: When President Bush and the na- ward and invest resources, whether they be ance is also an important success factor. tion’s governors met in Charlottesville in in the public or in the private sector, we Third, the development of enabling programs 1989, they established ambitious national must be able to inform them as to whether and policies to encourage and support a di- education goals. These goals were affirmed their investments will pay off. It is only fair verse workplace is extremely important * * * and expanded upon by the Congress of the to those individuals who implement programs or systemic efforts to change systems TESTIMONY OF PAULA RAYMAN, PROFESSOR, United States. The goals included that we in response to this need, to assure them that UNIVERSITY OF MASSACHUSETTS would raise achievement levels in all aca- all children will be served by their interven- RAYMAN: To build upon the rationale for demic fields and, even more ambitiously, tions and/or changes. Thus, we need the abso- diversity presented by my honored col- that we would be first in the world in mathe- lute superior evidence. Therefore, BEST, in leagues Dan Arvizu, and Dr. Shirley Jackson matics and science achievement by the year lending the text to the context that Shirley I will address the crisis we are facing in our 2000. When in 1995, the results were an- has presented, needs to understand in this nation’s science and technology workplaces. nounced from the Third International Math- area of urgency, what BEST programs, and We face a work world in the midst of an ematics and Science Study (TLMSS), there what BEST systemic changes really do work enormous change. Nothing is the same as it was good news and bad news about science * * * was 50 years ago or even 20 years ago. And and mathematics achievement of U.S. stu- more dramatic changes are anticipated over dents when compared with the performance TESTIMONY OF ALLAN ALSON, SUPERINTENDENT, the coming decades. We face a crisis on three of students from other countries in the EVANSTON TOWNSHIP HIGH SCHOOL world. The results of TIMSS showed U.S. dimensions: Where will the new science jobs ALSON: I am in my eleventh year as super- be? Who will fill the jobs? How the work will fourth grade students comparing quite favor- intendent of Evanston Township High School get done or, what is the changing nature of ably in their performance on tests of science, in Evanston, Illinois. This large comprehen- work? It is important to note that while we both scoring far above average and among sive high school with a national reputation compete for science and technology workers the top tier of countries. Performance by for excellence has 3200 students and is quite within the context of a global economy, the fourth graders in mathematics was about at diverse—racially, socioeconomically and lin- diversity of our own nation’s labor force pro- the average compared with other countries guistically. Student achievement, despite vides a comparative advantage. Diversity is involved in TIMSS. When fourth grade stu- impressive gains, continues to reveal racial a key building block of economic competi- dents were tested in eighth grade in 1999, and class achievement disparities. Yet, we tiveness and scientific discovery and innova- performance had fallen to the average levels have made significant strides, for example, tion. In addition to the change in skill sets, in science and slipped in mathematics as in boosting female and minority enrollment and demographics, the nature of work itself well. The performance of 12th graders in in Calculus and Advanced Placement Science is undergoing significant transformation science and mathematics was near the bot- courses. A little over three years ago I brought about by the changing business cli- tom. This underperformance by U.S. stu- founded an organization known as the Mi- mate and technological advances. These dents was true even for our brightest and nority Student Achievement Network. We changes include: companies organized so best performing students, such as those tak- are 15 urban-suburban districts devoted to labor is a variable, not a fixed cost; a working advanced placement courses in physics. discovering, developing and implementing force built on the premise of teams that can The current structures provide neither equal strategies to eliminate the racial achieve- be easily assembled and disassembled; a nim- chances nor a level playing field, and it is ment gap. Our strategies include conferences ble workforce whereby workers hopscotch these circumstances that we must remedy if where we learn directly from students and from job to job, even career to career, car- we are to maximally utilize the talents of all teachers, and research where teachers are di- rying their set of skills and abilities on their of our young people. These must include: rectly engaged in studies with university backs and desperately needing new policies Vigorous support for systemic reform efforts professors. My professional experience has in portability in health insurance, pension to improve the quality of the curriculum, revealed the extensive gap in education be- plans and other benefits * * * teaching and support within our schools, tween research and practice. Quite frankly, TESTIMONY OF CLAIBOURNE SMITH, PRESIDENT, with assurance that opportunities for study it is the rare exception when districts or DELAWARE FOUNDATION FOR SCIENCE AND of science and mathematics will be extended schools are able to successfully bridge that MATH EDUCATION to all students; specific interventions that gap. Practitioners generally receive very lit- SMITH: I believe business/industry/govern- allow students to explore STEM fields, such tle training in the interpretation or use of ment and the great educational institutions as through summer camps, research appren- research findings. In fact, research method- of this country must take the lead in defin- ticeships, after school science clubs, museum ology that meets the highest standards of re- ing the strategies necessary to maintain our activities and media-reinforced learning op- liability and validity are quite often written leadership position in the world. From the portunities; outreach to parents and commu- in language that is unfamiliar to the teacher intense discussions of our workforce panel, nities to help them organize activities at or administrator. Our worlds usually do not we are entertaining a two-pronged agenda to: home and in the community to support overlap sufficiently for us to make timely Drive change within organizations and to science, technology, engineering, and mathe- use of significant findings. Simply put, while drive change externally among industry, matics aspirations, to build demand for it would be far preferable to examine our academe, and government as employers to school reform, and to increase community- practice from the vantage of current re- promote a diverse workforce. Let’s look at based opportunities for learning beyond search, the barriers of time, language and an example that comes to mind which illus- school * * * politics often interfere * * *

VerDate 0ct<31>2002 03:13 Nov 17, 2002 Jkt 019060 PO 00000 Frm 00006 Fmt 0626 Sfmt 0634 E:\CR\FM\A14NO8.080 E15PT1 November 15, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E2053 TESTIMONY OF ANNE PETERSEN, SENIOR VICE to 10 outstanding leaders committed to com- her M.A. in Jewish Education at Hebrew Uni- PRESIDENT, KELLOG FOUNDATION munity improvement. versity’s Rothberg International School’s Divi- PETERSEN: Thank you for this opportunity Since 1964, Missourians who have dedi- sion of Graduate Studies. She was also jointly to speak with you on a topic about which I cated their lives to community improvement enrolled at the Pardes Institute for Jewish am most passionate—not only because I am have received acclaim through the MCB Pro- Studies. Her ambition was to be a teacher. a scientist but also because I have seen individuals, families and communities trans- gram. This initiative, which is meant to spur Marla was not new to Israel, nor even to the formed by opportunity that for some, has economic growth and improve quality of life, Hebrew University. She spent her junior year been unavailable. The opportunity to gain an has worked to empower communities with in college attending the Rothberg International education and pursue a career in engineering strengths that often go unnoticed. School’s One Year Program. or the sciences is still precious in our soci- Pat Scott, through her tireless community She had lived in Israel for a year, during ety. Today, more than ever, we must support efforts, continues to make her friends, family which time she sent home frequent letters the interests in science and technology for and state very proud. I am certain that my col- brimming with idealism, especially in her ar- all with talent and energy, and especially leagues will join me in wishing Pat all the best. dent belief in Israeli-Palestinian peace. Last those who have been underrepresented. I’m May, she wrote that ‘‘At least if I am here I here today as a scientist who is senior vice f can take an active role in attempting to put president for programs of the W.K Kellogg HONORING CONGRESSMAN BOB Foundation. In this role I’ve witnessed the back together all that has broken. I can volun- kind of creative and energetic work that can CLEMENT teer in the homes of Israelis affected by ter- open doors of opportunity for all—girls and rorism, I can put food in collection baskets for boys, African Americans, Hispanics, and Na- HON. JOHN S. TANNER Palestinian families.‘‘ tive Americans, and those who are phys- OF TENNESSEE Bennett, whose exams were over, had a ically challenged. Engagement—real engage- IN THE HOUSE OF REPRESENTATIVES flight back to San Diego that was scheduled to ment—in which institutions of higher edu- leave only hours after the time of the attack. cation and communities form lasting rela- Thursday, November 14, 2002 tionships that influence, shape, and promote Marla Bennett symbolized the goals and ob- success in both spheres is rare. More often Mr. TANNER. Mr. Speaker, I would like to jectives of the university she grew to love. She we see evidence of unilateral outreach from take this opportunity to honor our colleague, symbolized the striving for academic excel- colleges and universities rather than part- an outstanding statesman and my friend, Con- lence as well as the search for cooperation nerships based on true mutual benefit mu- gressman BOB CLEMENT. I have known BOB and peace that has typified this university tual respect, and mutual accountability * * * for more than 30 years, having gone to school since it opened its doors in the mid-1920’s. TESTIMONY OF DEBORAH WINCE-SMITH, with him at the University of Tennessee. The University’s President, Menachem PRESIDENT, COUNCIL ON COMPETITIVENESS He served his country with distinction in the Magidor, summarized this when he wrote in a WINCE-SMITH: In 1986 the United States was United States Army and the Tennessee Air letter to the New York Times that this was ‘‘an facing one of its most dire economic chal- National Guard. He previously held positions attack on understanding, tolerance and the lenges since the end of World War II: the as president of Cumberland University and quest for peace. [It] is a crime not only against country slid from being the world’s largest TVA board director before being elected to Israel or the Jewish people, it is a crime creditor to its largest debtor; its position as a global leader in technology and innovation represent Tennesseans as a member of the against the free and enlightened world.’’ was declining and American industries were United States Congress. In the wake of this tragedy, President losing market share to international com- BOB is a man of energy, intelligence and vi- Magidor asked ‘‘whether it still makes sense to petitors. We know that long-term U.S. pro- sion. I am certain that as he prepares to leave strive for a peaceful society based on reason ductivity growth and a subsequent rising the House of Representatives, BOB will con- and understanding.’’ He concluded that ‘‘the standard of living depends on our ability to tinue to serve his state and nation in a con- answer came to me clearly, and it is summa- increase U.S. innovative capacity. This top structive capacity. rized by the Hebrew word ‘davka’—‘despite tier policy issue was the focus of two na- everything.’ We must not let them kill our drive tional innovation summits hosted by Council f of peace.’’ that convened the nation’s top business, gov- THE LEGACY OF MARLA BENNETT ernment, academic and labor leaders. A key In this spirit, it is important to stress that He- impediment to increasing innovation is our brew University is continuing its fine academic workforce, which comes as no surprise to HON. BOB FILNER traditions. Its researchers and scientists are anyone in this room. Yet, even as demand for OF CALIFORNIA continuing their cutting edge work on projects science and engineering talent grows, the IN THE HOUSE OF REPRESENTATIVES that are designed to benefit all peoples. It is number of science and technology degrees at not surprising that Hebrew University’s sci- Thursday, November 14, 2002 the undergraduate and graduate degrees has entists apply for and receive so many grants remained flat or declined in every field out- Mr. FILNER. Mr. Speaker, in a region that from American government agencies including side the life sciences. Boosting the national has been racked with violence and acts of ter- talent pool in science and engineering re- USAID, NIST, NIH and DARPA. Many of quires that the S&E workforce mirror the ror, the vicious bombing that took place on these projects are done in cooperation with population at large; we must be able to en- July 31, 2002 at Hebrew University stands out American universities and research centers. gage more women and minorities in math as a particularly heinous crime. This is a uni- Other Members of Congress have com- and science to sustain our innovation econ- versity that prides itself on its diversity, espe- plimented the high quality of research done at omy. The Council has acted on its commit- cially its ability to integrate students and fac- Hebrew University and I join in their comment to raise the standard of living by initi- ulty regardless of their ethnic or religious mendations. ating programs that encourage excellence in background. It is the oldest university in Israel Rather than go through a long litany of all math and science and diversity in the and has established itself as one of the out- science and technology pipelines—namely of these projects, especially those that have getsmarter.org and BEST * * * standing universities in the world, one that has an Israeli, Palestinian and American compo- gained renown for the quality of its students, nent, it might be useful to mention just one as f teachers and researchers. typical of the ethos of this special university. PAT SCOTT RECEIVES MISSOURI I feel compelled to comment on this attack The Kuvin Center for the Study of Infectious COMMUNITY BETTERMENT PRO- for many reasons, not the least of which is and Tropical Diseases functions within the GRAM LEADERSHIP AWARD that it hit my community, my Congressional University’s Medical School, which is a world district and my friends so personally. The class institution established over 75 years ago. HON. IKE SKELTON bomb that was detonated in Hebrew Univer- The Kuvin Center has been a leader in infec- sity’s Frank Sinatra International Student Cen- OF MISSOURI tious disease and parasitological research for ter cafeteria killed nine young people, includ- IN THE HOUSE OF REPRESENTATIVES over 30 years. Its researchers and physicians ing five Americans. Over eighty were injured. have published extensively in the professional Thursday, November 14, 2002 Marla Bennett, of San Diego, California, was literature and it has trained many active sci- Mr. SKELTON. Mr. Speaker, it has come to one of the Americans killed in this senseless entists in the field. my attention that Lexington, MO, native Pat assault. Marla was only 24 when her life was For a number of years, the Kuvin Center Scott received an Adult Leadership award at taken. She had graduated in 2000 at the top has collaborated with Al-Quds University Med- the Missouri Community Betterment (MCB) of her class with a B.A. in Political Science ical School on a variety of scientific and med- Conference awards banquet September 28, from the University of California at Berkeley. ical projects. Al-Quds, the pre-eminent univer- 2002. Adult Leadership awards are presented At the time of her death, she was studying for sity in the West Bank, is located in Abudies,

VerDate 0ct<31>2002 03:13 Nov 17, 2002 Jkt 019060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A14NO8.082 E15PT1 E2054 CONGRESSIONAL RECORD — Extensions of Remarks November 15, 2002 which is near Jerusalem and close to Pales- is a retired naval officer who earned the had the one quality which Washington had tinian hospitals, clinics and laboratories. Bronze Star Medal and Purple Heart Medal for which made him the best choice for an Amer- The two institutions are now proposing a wounds he received in combat. Rabbi Silver is ican commander, and this was Washington’s joint project for ‘‘Regional Cooperation on In- understanding of the military’s role in re- a man most deserving of our praise and respect to the civilian authority, for this fectious Diseases’’ that will cover the study spect. His address reads as follows: would determine the kind of America that and control of diarrheal and respiratory dis- I am a veteran. This means that I wore the would exist after the Revolution. eases, brucellosis, tuberculosis, viral hepatitis, uniform of my country, and I served, to- America has never had a military take- HIV infections and zoonotic diseases such as gether with millions of American men and over. More to the point, America has never leishmaniasis, and rabies. Preventing and women, defending America in various ways faced the threat of a military takeover. The treating these diseases are of enormous im- for the past two hundred and twenty-six various political factions which have guided this nation’s destiny for two and a quarter portance to the welfare of the region as a years. I am proud to be a veteran, proud to stand before you this morning, at this sol- centuries never once relied upon the whole. emn moment, which commemorates the mo- strength of our military to place or keep The Congress fully recognizes and supports ment the guns went silent in 1918, for what them in power. If we had any indoctrination these types of cooperative Israeli-Palestinian many earnestly hoped would be the last at all, it was this: that in America, every one health initiatives. time. Alas, that dream was not to be. of us who wore the uniform understood that The Foreign Operations bill for Fiscal Year But this day speaks about more than we served under the authority of the civilian 2003, which has passed through the Appro- that—it speaks about every man and woman arm. We didn’t always agree with them, we priations Committee, includes language on the who served, and this morning I would like to sometimes laughed at them, and we were sometimes angry with them, but it never Kuvin Center/Al Quds cooperation. I am speak to you about a man who is, in my judgment, the quintessential veteran—a man once crossed our minds that we should use pleased that the Committee included the fol- who embodies every ideal, every virtue of, the power at our disposal to change things lowing paragraph in the report accompanying and citizenship that every veteran aspires to within this nation and make them right. this bill: emulate. The inspiration for this ideal was General The Committee acknowledges that one of Nearly two hundred and three years ago, George Washington who, at various times, the primary objectives of the West Bank and George Washington died, and in his eulogy, had to remind his senior officers that he— Gaza program is to create viable infrastruc- his friend Henry Lee dedicated his words: and they—were always under the control of ture in Palestinian Authority-controlled ‘‘To the memory of the Man, first in war, the Continental Congress. When we tell sto- areas to ensure the health and welfare of the first in peace, and first in the hearts of his ries today about how the military clashes Palestinian people. Al Quds University, in countrymen.’’ It wasn’t merely that Wash- with Congress, but how Congress always has cooperation with the Kuvin Center for Infec- ington had become the first president of the the upper hand, we need to keep in mind that tious Diseases of the Hebrew University of United States, or that he was the victorious it was Washington who established that par- Jerusalem, has proposed the establishment commanding general of the Revolution. Of adigm. He could have done something quite of a regional health and disease program, course, by the time he was chosen to be different. In fact, when it was all over, and it which would work to build an effective infra- President, the mythology which had grown was realized that he was the general who had structure to deal with serious health and dis- up around this man was so large that it was defeated the world’s mightiest military ease problems among the Palestinian people. difficult to separate between the man and force, there were more than mild suggestions The Committee understands that coopera- the legend, but it was, in truth, his qualities that he should assume the royal purple him- tive programs of this nature are rare in the as a veteran that set the pace for every self. After all, historically this is what all current environment, and urges AID to work, American Armed Services who would wear conquering generals had done. The idea of a though the West Bank and Gaza program, to the uniform—in his own time—and for all republic that would govern such a large help Al Quds and the Kuvin Center begin this time to come. He set the pace for the kind of stretch of territory was unheard of in his- initiative. military we would have, and for the way it tory. The pattern was monarchy. Everyone would function within the American system. understood this clearly, and who better to be This project is designed to enable the the sovereign than the man who had so rich- United States to provide $15 million over five And it is Washington, the veteran that I should like to speak about, because every ly earned it. And we would go from one King years to this cooperative effort to deal with in- one of us strove to emulate him. George to another. fectious diseases. Washington was not a philosopher—at And so it seemed strange to many that, This program does not require any addi- least not in the sense that he was well-read once the peace treaty was signed and Amer- tional appropriations. The proposed expendi- in the classical works. In fact to some this ica’s independence assured, Washington ture of these funds is an indication of Con- made him somewhat less than he might have made plain his intention to leave public life gressional intent on just how American money been in their eyes had he been able to quote and become Citizen Washington. It was quite from the works of the great thinkers. He a shock to many. In fact, King George, when that has already been allocated can best be he learned of this said: ‘‘If he really intends used in a productive capacity for Israel, the was, however, a practical philosopher. He had an uncanny knack for learning on the to do this, then he is certainly the greatest West Bank and Gaza. Thus, the Kuvin Center- job, and by his actions, establishing a para- man alive.’’ And he was. Just a few years Hebrew University/Al Quds University cooper- digm that others might follow. later, when Napoleon was defeated, he was ative effort will serve as a model of how the asked why he had not—at the peak of his United States, Israel and the Palestinians can He was brave, to be sure. He was beyond powers—having assured the safety of France, brave. As a young officer serving with Gen- retired then to a well-earned and com- work together on projects that will benefit the eral Braddock, it was noted that Washing- entire region. fortable private life filled with honor, rather ton’s uniform had several bullet holes in it. than assuming the crown for himself. He While Marla Bennett and the four other But he understood that his men would never commented: ‘‘Everyone expected me to be Americans who were killed, together with four face fire if he were unwilling to do so. That Washington, and what they didn’t under- Israelis, cannot ever come back to life, it is im- spirit would guide his actions throughout stand is only Washington was Washington.’’ portant to preserve their memory by continuing the long and dark days of the Revolution, Well, he was wrong about that, because with projects such as this one. It is the very when Washington was faced with troops who every one of us who has worn the uniform of least we can do for them, for their ideals and were frightened, who melted away at the America has a bit of Washington in us. That for their dreams. Even more important, it will first sign of the enemy, and it was his cour- was drummed into us from the outset—ca- age, his cool, calm demeanor that inspired reer military or not, we are all citizen war- serve as a step toward a better future for the his troops, and rallied them. riors. We wear the uniform, we do our job, entire region. It was no accident that he was picked to and then when that job is done, we become f lead the army of this nascent Republic. He once more the citizen. The dream of military was, after all, a veteran, someone who had conquest of our own nation has never oc- RABBI SILVER’S 2002 VETERANS already established himself by years of mili- curred to any one of us. And so it is that DAY ADDRESS tary service. But there were others who were those who have the weapons are the strong- considered for the post. John Hancock felt est protectors of the American way of life, HON. JAMES H. MALONEY that he should have gotten the job, for he rather than its most threatening force. would have led his troops directly against And today, America is at war once again. OF CONNECTICUT the British and taught them a good lesson. We need to understand that this time we face IN THE HOUSE OF REPRESENTATIVES And his army would quickly have been oblit- a threat to our existence more powerful than Thursday, November 14, 2002 erated, and the Revolution would have died any we have encountered to date. This will in its infancy. Charles Lee was highly re- truly be the Second War of American Inde- Mr. MALONEY. Mr. Speaker, on behalf of garded, and thought by many to have the pendence, for upon the success of this en- Rabbi Eric A. Silver, it is my honor to share qualities needed, but he was sometimes too deavor will depend the survival not only of the text of his 2002 Veterans Day address cautious, and might have been willing to ac- our nation, but of western civilization itself. with the Members of the House. Rabbi Silver cept setbacks as defeats. But neither man It will be a long war, it will be a conflict

VerDate 0ct<31>2002 03:13 Nov 17, 2002 Jkt 019060 PO 00000 Frm 00008 Fmt 0626 Sfmt 0634 E:\CR\FM\A14NO8.084 E15PT1 November 15, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E2055 that will be bitterly fought—not only on bat- HONORING ASHLAND POLICE and liberty and show that we will rernain resil- tlefields that will become increasingly more CHIEF FREDERIC PLEASANTS, ient no matter the threat. The freedoms and difficult to define, but in the halls of delib- JR. FOR HIS ROLE IN THE SNIP- values our forefathers gathered in this hall to erative bodies around the world by those ER ATTACKS protect are simply too sacrosanct to ever be whose love of freedom and whose grasp of the reality of the situation is not yet equal to compromised. the task. And this war will produce vet- HON. ERIC CANTOR f erans—men and women who will serve their OF VIRGINIA REGARDING THE RETIREMENT OF country and who will bring us the victory IN THE HOUSE OF REPRESENTATIVES that this nation and civilization demands— GEORGE O. WITHERS and who, once victory is assured, will—in the Thursday, November 14, 2002 time honored tradition set forth by our first Mr. CANTOR. Mr. Speaker, I rise today to HON. IKE SKELTON leader, return to private life as citizens. honor Ashland Police Chief Frederic Pleas- OF MISSOURI And today, America honors its veterans, IN THE HOUSE OF REPRESENTATIVES not alway’s understanding what it is that ants, Jr. for his role during the sniper attacks they have accomplished, and not always that shook Virginia, Maryland, and the District Thursday, November 14, 2002 comprehending how they think. But we of Columbia. Mr. SKELTON. Mr. Speaker, this is the time know, and that is enough for us. So today— After the Ashland, Virginia shooting of Octo- of year that we say farewell to some old Veterans! Stand proud! For you have served, ber 19th, Chief Pleasants was on the scene in friends. That’s never easy. But it is even hard- and today your country honors you. And for a matter of minutes and helped lead the quick er when the friend in question spent consider- those of you who are not veterans, know and efficient response that ensued. It is known able time and energy helping make us all look what it is that these men and women have that Chief Pleasants can always be found hard done. And give them honor, for they have good. eamed it—not merely for their bravery, but at work behind the scenes, a characteristic George Withers, who is leaving the Armed for their willingness—indeed their eagerness that will certainly benefit the prosecution dur- Services Committee staff at the end of this that once having had power, they wanted ing the trial of the suspects. In fact, throughout year, came to Capitol Hill in 1978. He had only to return to their lives in their offices, the ordeal, Chief Pleasants and his dedicated served his country in the Navy during Viet- their farms, their shops—for they are the staff logged 16-plus-hour days. nam. But he has spent twenty-four years prov- quintessential veterans. They are Ameri- Chief Pleasants is an exceptional law ening that national service doesn’t end when you cans. forcement officer who has served the Com- take off the uniform. As legislative director on Mr. Speaker, on behalf of the 5th District of monwealth of Virginia with distinction for over a personal staff, then press secretary and a Connecticut and the United States House of 32 years. His humility, professionalism, com- professional staff member of the committee, Representatives, I commend Rabbi Eric A. Sil- mitment to his team and community are truly George has made America better every day. ver for his honorable years of military service, deserving of special recognition. We are fortu- A lot of young go-getters come to work on and thank him for his remarks this Veteran’s nate that he serves in our community. the Hill, Mr. Speaker. But George proved that Day. Mr. Speaker, please join me in honoring you don’t have to be obnoxious to get things Chief Pleasants. done. His real sense of decency and values f f have provided a reference and example for SELECTIVE SERVICE VOLUNTEERS not only the Armed Services Committee staff, SEPTEMBER 11, 2001 but all of us who worked with him. George has been the conscience of the HON. BOB SCHAFFER HON. CONSTANCE A. MORELLA committee staff. He is a devoted advocate for OF COLORADO OF MARYLAND those Americans who most need and deserve IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES Congress’s protection. Discussions of national Thursday, November 14, 2002 Thursday, November 14, 2002 security can get pretty esoteric, but George makes sure that we keep our focus on people, Mr. SCHAFFER. Mr. Speaker, I rise today Mrs. MORELLA. Mr. Speaker, a year ago, both those in uniform and those our military to congratulate Mr. Dean E. Schick of Chey- on September 11th, 2001, Americans were exists to protect, As a former enlisted man enne Wells, Colorado; Mr. Leslie M. Rittgers faced with the horrible reality of that day’s hei- and NCO, he never lets the former officers on of Eads, Colorado; and Mr. C.P. Bryant, Jr. of nous attacks. the staff forget who the real troops are. Las Animas, Colorado on their appointments As we gather here today, in the building that Mr. Speaker, while our staff works in a non- to the Selective Service Local Board 025 in served as our Nation’s first Capitol and wit- partisan way, George is a determined, thor- Pueblo, Colorado. nessed the inauguration of our first president, oughgoing, old-school Democrat. But look at Local board members have the distinction of our blessed Nation stands firm and it stands the pictures on his office walls. Yes, he has receiving an appointment by the Director of strong. photos of himself with our former colleagues Selective Service in the name of President Over the past year, Americans have shown Ron Dellums and Silvio Conte. But there’s George W. Bush, and on the recommendation those who wished to tear our country apart John Kasich, too, and President Bush. All of of Governor Bill Owens. Patriotic Americans, that their cowardly actions only brought our which speaks to the fairness and openminded- these board members serve their country by nation closer together. Here in the place ness with which George approached his job. volunteering their time to assist the govern- where our democracy was born, we say to the He lets his political beliefs inform his work, but ment in selecting men suitable for military world that these states of America remain never get in the way of doing what was right service in the event of a draft. If a draft com- united. We are united by our values, our com- for the country. mences, these gentlemen would decide who munities, and our freedoms. Just as we will To my way of thinking, George has only one would receive deferments, postponements, or never forget what makes this nation great, we flaw. The B–2 bomber is the pride of White- exemption from military service based on the will never forget the hardships we have en- man Air Force Base, in my district. George led individual registrant’s circumstances and be- dured. We will always remember September the fight at the staff level against the B–2, and liefs. 11th. succeeded for quite some time. In gratitude for The Selective Service System is America’s Even though America has had a year to George’s exemplary service, I promise not to defense manpower ‘‘insurance policy’’ in a still mourn our losses, we still weep for the victims have one named for him. dangerous and uncertain world. The service of that day. We continue to offer our prayers, In recent years, George’s primary duties performed by a Selective Service Board Mem- our comfort, and our resolve to those who lost have concerned the military construction budg- ber provides a vital link between the commu- loved ones on that day. et. Every member of this body whose district nity and today’s military. His hard work helps Without question, the attacks of September has received military construction funds—and guarantee claims filed by young men for 11th were a strike against all nations that that’s most of us—has George Withers to deferments and exemptions will receive fair value freedom and democracy. It was an act thank. and equitable consideration if a future crisis of war, but we were not to be intimidated. As But he was also our committee’s driving requires reinstatement of a draft. a Congress, we remain steadfast with our na- force on policies concerning Latin America. Congratulations to these dedicated volun- tion in the fight against terrorism. American Whether the question was the naval bombing teers on their appointments. I ask the House history has always been defined by the resil- on Vieques or the United States’ role in Co- to join me in thanking these three men for iency of our people and I stand here today to lombia, George fought for a sensible, humble their commitment to their country. repeat our solemn pledge to defend freedom foreign policy.

VerDate 0ct<31>2002 03:13 Nov 17, 2002 Jkt 019060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A14NO8.087 E15PT1 E2056 CONGRESSIONAL RECORD — Extensions of Remarks November 15, 2002 George’s decency doesn’t stop at the Cap- 1973–1991, smart investments were made to nessed by 136 twirling turbines, wind will be itol door, either. When he isn’t here—during develop new technologies that made our en- used to create electricity in the first large-scale the few hours each year we let the staff out— ergy use more efficient without affecting eco- renewable energy operation in the state. George actively supports charities. He loves nomic output. These investments curbed the Wind will make up less than 4 percent of riding his bike, and he loves it even more projected growth rates of energy use in the the power generated by PNM, and this project when he’s getting contributions for every mile United States by 18% from what they would has the hope of becoming the first of many he rides. have been without the investments. wind farms in the state and an example of While he will tell you that he loves his work Unfortunately, the U.S. spends only one-half using and developing new technologies for re- here, just ask him about his children, Sam and of 1% of its energy bill on research and devel- newable energy use. Lizzie. You’ll see what love really means by opment. Sixty percent of that money is wasted A RPS makes good economic sense to help the sparkle in his eyes. And we were all on the country’s failed experiment in nuclear states diversify their energy market, increase thrilled when George married Donna earlier energy. Less than one-third of the nation’s tiny their work force, and help revitalize commu- this year. His departure from our little world research and development budget is spent on nities who have little to no economic develop- means that he will have even more opportuni- renewable energy and energy efficiency tech- ment. ties to love and care for them, and even his nologies. Currently, the New Mexico Public Regula- cat, Tom. But I warn you, George, cats don’t Mr. Speaker, I am particularly interested in tion Commission is working on passing a Re- always love you back. Renewable Portfolio Standards (RPS), which I newable Portfolio Standard for New Mexico I will miss George Withers cheerful counsel believe paves the road for the development that would require electric utilities to generate personally. The Congress will be poorer for his and investment in clean energy technologies 10% of their electricity from renewable energy departure. But the real accolade is that people and local economic development. RPS, in my sources by 2007. around the world who will never know his mind, clearly serves as model for tomorrow’s Mr. Speaker, our dependence on coal, oil name have better lives today because George small and medium businesses to draw a profit and other traditional energy sources is Withers was part of this House. from their own environmental responsibility. unsustainable. To protect our environment and I yield back the balance of my time, noting In the Senate version of H.R. 4 there is a our economy, we must turn off the dead end that the House should be honored that George provision, which proposes that retail electricity street that our energy non-policy has been O. Withers yielded so much of his time to us. suppliers (except for municipal and coopera- leading us down, and start down a path of en- f tive utilities) be required to obtain a minimum ergy productivity and sustainable, environ- percentage of their power production from a mentally sound production. AMENDING TITLE VI OF PUBLIC portfolio of new renewable energy resources. UTILITY REGULATORY POLICIES The minimum energy target or ‘‘standard’’ f ACT OF 1978 would start at 1% in 2005, rise at a rate of ROCKY MOUNTAIN HIGHLIGHTER about 1.2% every two years, and peak at 10% HON. TOM UDALL in 2019. OF NEW MEXICO I applaud the Senate for including an RPS HON. BOB SCHAFFER IN THE HOUSE OF REPRESENTATIVES provision in the Energy bill, which the House OF COLORADO failed to include in our energy package. How- IN THE HOUSE OF REPRESENTATIVES Thursday, November 14, 2002 ever, I believe that we are capable of going Thursday, November 14, 2002 Mr. UDALL of New Mexico. Mr. Speaker, further than the 10% peak in 2020 and believe today, I introduce legislation that amends title we should set the standard higher to around Mr. SCHAFFER. Mr. Speaker, I rise today VI of the Public Utility Regulatory Policies Act 20%. As I mentioned earlier, less than 2% of to congratulate the students and staff mem- of 1978 to establish Federal renewable energy this nation’s electricity is generated by non-tra- bers involved with Rocky Mountain High portfolio standard for certain retail electric utili- ditional sources of power such as wind, solar, School’s student newspaper, Highlighter, for ties. geothermal, etc. winning the 2002 Colorado High School Press As we in Congress have attempted to de- My legislation would add an additional 10% Association Newspaper Sweepstakes for the velop a national energy policy, some say that on top of the 10% set to peak in 2020, and second consecutive year on October 3, 2002. a long-term sustainable energy plan is impos- would achieve this goal within 5 years. Con- Under the guidance of Rocky Mountain sible. They say that renewable energy and en- sequently, 20% of retail electricity supplier’s Highlighter newspaper advisor and language ergy efficiency are pipe dreams, and they say power production would be from a portfolio of arts teacher Stephen Wahlfeldt, these dedi- the U.S. will never be able to break its reli- new renewable energy sources in 2025. cated and resourceful students worked tire- ance on traditional energy sources like oil and Consider the following: lessly through the school year to create an in- coal. I disagree. Wind farms in the Pacific Northwest are pro- formative and professional newspaper. The Now, in the post-September 11th world, the ducing energy at a price of 3 cents per kilo- Lobos ultimately achieved victory over 63 renewed conflict in the Middle East shows us watt-hour. This is less than the current price of other participating schools in the Sweep- that we cannot continue to rely on imported oil power from natural gas. With a little encour- stakes, and kept the title of ‘‘Colorado’s best from that region. When my father, Stewart agement, wind energy could become economi- high school newspaper’’ in Fort Collins for at Udall, was Secretary of the Interior, the U.S. cally viable around the country, and this least another year, through six first-place and imported 20% of its oil. My father argued that means a tremendous level of energy self-suffi- three second-place awards. we shouldn’t import more than 20% of our oil ciency for the U.S. Using wind as an energy Crucial wins in the individual categories on national security grounds. Today, we im- source, twelve Midwest states alone could came from Erin Ortmeier for Critical review port 53% of our oil, 47% of which comes from generate three times the total U.S. electricity writing; Leigh Pogue, Baker Machado, and OPEC countries; by 2020, the United States consumption. Ortmeier for Sports Feature story; Joy Bloser will import 62% of its oil. Solar power, one of the most well known and Brett Burnett for Feature Photograph; Even more frightening, world production is forms of renewable energy, also has potential Kristen Frank and Burnett for Sports Photo- expected to peak some time in the next few for the future. The cost of solar energy has graph; and Jenny Ackerson, Carolyn Whitten decades, possibly as early as 2007. That dropped by 90% since the early 1970s, and and Burnett for Front Page Layout. The Rocky means that as energy demand increases more scientists and industry groups predict the price Mountain Highlighter also proved its superi- and more rapidly, the world’s oil supply will be will drop another 66% by 2020. Solar energy, ority in the esteemed General Excellence cat- proportionally diminished. if properly developed, could go a long way to- egory. Additionally, Jack Meiter, Kendall Miller While energy production has brought tre- wards freeing the U.S. from its dependence on and Burnett won second-place for Personal mendous prosperity and allowed us to grow coal. Just 10,000 square miles of solar panels Opinion Column, as did Brent Barentine for our economy at unprecedented rates, non- would supply all of the nation’s electricity Graphic Illustration. The entire staff collabo- renewable forms of energy are responsible for needs. rated to place second the Headlines category. many of the greatest environmental threats to And just a few weeks ago, the Public Serv- These journalists involved in Highlighter are America’s well-being. ice Company of New Mexico and FPL Energy commended for their achievements and Consider this, less than 2% of this nation’s LLC, based in Florida, signed an agreement to praised for their pursuit of excellence. These electricity is generated by non-traditional build in my congressional district one of the young men and women are primary examples sources of power such as wind, solar, and nation’s largest wind generation fields near of the vast potential of future generations. Go geothermal energy. During the period from Fort Sumner in eastern New Mexico. Har- Lobos!

VerDate 0ct<31>2002 03:13 Nov 17, 2002 Jkt 019060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A14NO8.091 E15PT1 November 15, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E2057 HONORING HANOVER COUNTY 2. Have another ‘‘qualifying combat-related RECOGNIZING THE CONTRIBU- SHERIFF V. STUART COOK FOR disability’’ rated at least 60 percent. TIONS AND ACHIEVEMENTS OF HIS LEADERSHIP DURING THE VINCE O’BRIEN I have heard that this ‘‘compromise’’ is SNIPER ATTACKS being sold as a good first step. It is not a good first step. It is hardly a step at all. HON. JOHN S. TANNER HON. ERIC CANTOR OF TENNESSEE During my ten years in Congress, I cannot OF VIRGINIA IN THE HOUSE OF REPRESENTATIVES recall more than one or two other issues be- IN THE HOUSE OF REPRESENTATIVES sides concurrent receipt on which I have re- Thursday, November 14, 2002 Thursday, November 14, 2002 ceived so many letters, e-mails, and calls. The Mr. TANNER. Mr. Speaker, I rise today to Mr. CANTOR. Mr. Speaker, I rise today to expectations of our military retirees have been honor a World War II veteran, a successful honor Hanover County Sheriff V. Stuart Cook raised by the House and Senate versions of businessman and family man, a true civic for his outstanding leadership during the snip- this bill. It is a disservice to give so little to so leader and my friend, Mr. Vincent O’Brien of er attacks that shook Virginia, Maryland, and few at the last minute. While these veterans Dyersburg, Tennessee. the District of Columbia. with combat-related disabilities are absolutely Vince’s life has always been marked by a After the Ashland, Virginia shooting of Octo- deserving of recognition, so are the others desire to change the world he lives in for the ber 19th, Sheriff Cook was instrumental in whom we have been fighting for! better. That dedication is still proven by his leading a quick and efficient response. In addi- continued work for the city of Dyersburg. tion, he and his team performed a thorough in- I understand that it is expensive to pass He has served for 30 years as a member of vestigation after the shooting that certainly concurrent receipt. But disabled veterans did the Dyersburg Planning Commission and has aided in the capture of the suspects on Octo- not hesitate when called to serve. They re- chaired the commission for 20 years. During ber 24th and will prove vital to the incrimina- turned home with disabilities they have had to that time, the city of Dyersburg has experi- tion of the suspects during trial. Furthermore, live with ever since. How can we even doubt enced tremendous growth, including the devel- Sheriff Cook served as a strong voice of rea- the need to keep our promises and give them opment of many new businesses and a shop- son to many in the area who were terrified what they deserve? They earned their military ping mall that have become vital to the econ- and anxious because of the attacks. retired pay. They deserve their VA disability omy of West Tennessee. Sheriff Cook is an outstanding law enforce- compensation. The ‘‘compromise’’ that is be- Vince served in the Army Air Corps during ment officer who has served Hanover County, fore us today is a disgrace. World War II and received the distinguished Richmond, and the Commonwealth of Virginia Flying Cross. with distinction for over 37 years. His profes- f A few months after the war, Vince married sionalism, commitment to his team, and dedi- Virginia Marr of Dyersburg, and they eventu- cation to duty are truly deserving of special KUNTU REPERTORY THEATRE ally moved to Dyersburg and established Marr recognition. He is a highly dedicated man who Cleaners, which operated successfully for has faithfully contributed to his community and more than half a century. Virginia passed the Commonwealth of Virginia. We are fortu- HON. WILLIAM J. COYNE away 10 years ago. Vince still enjoys spend- nate that he serves in our community. ing time with their daughters and their families, OF PENNSYLVANIA Mr. Speaker, please join me in honoring eight grandchildren and six great-grand- Sheriff Cook. IN THE HOUSE OF REPRESENTATIVES children. f Now, at 86 years old, Vince shows no signs Thursday, November 14, 2002 of slowing down. While still continuing his CONCURRENT RECEIPT: TOO work for Dyersburg, he splits his time between LITTLE, TOO LATE Mr. COYNE. Mr. Speaker, I rise today to call the House’s attention to an important cul- Dyersburg and Caruthersville, Missouri, home to his wife Dorothy. tural resource in Pittsburgh, Pennsylvania. HON. BOB FILNER Vince O’Brien is an example for us all. He OF CALIFORNIA The Kuntu Repertory Theatre of the Univer- has always lived a life of compassion, involve- IN THE HOUSE OF REPRESENTATIVES sity of Pittsburgh’s Department of Africana ment and service. His accomplished leader- Studies has been presenting the works of Afri- Thursday, November 14, 2002 ship has been vital to our community, and I can, African-American, and Caribbean play- am proud to call Vince O’Brien my friend. Mr. FILNER. Mr. Speaker and colleagues, I wrights and poets since 1974. The Theatre f rise today to protest the ‘‘compromise’’ provi- was founded that year by Vernell A. Lillie to TRIBUTE IN HONOR OF OHIO sion included in the Defense Authorization Act showcase the works of Rob Penny, the SENATOR RICHARD H. FINAN regarding the issue known as concurrent re- school’s playwright in residence, as well as ceipt. those of other authors whose works explore As we all know, current law requires an off- the Black experience. It plays an important HON. ROB PORTMAN set between military retired pay and VA dis- role in Pittsburgh by providing an important OF OHIO ability compensation. In effect, our disabled IN THE HOUSE OF REPRESENTATIVES military retirees are paying for their own dis- voice in the region’s cultural mix. In addition, ability! the Kuntu Repertory Theatre is the only ongo- Thursday, November 14, 2002 Both the House and the Senate, in their ing African American theater group in Pitts- Mr. PORTMAN. Mr. Speaker, I rise today in versions of the Defense Authorization Act, burgh; consequently, it provides African Amer- recognition of Senator Dick Finan, a dear passed significant and appropriate provisions ican actors, writers and technicians with op- friend and leader in my home state of Ohio. to address this inequity. The Senate bill pro- portunities that might not be available else- Because of term limits, Dick will be completing vided concurrent receipt for all veterans who where. his final term in the Ohio Senate this year. were qualified to receive both military retired Over the last 28 years, the KRT has pro- Dick is a Cincinnati native. He graduated pay and VA disability compensation. The duced more than 80 plays under the direction from the University of Dayton with a B.S. in House bill provided. it for those veterans with of Dr. Lillie, who has been a faculty member Business Administration in 1954, and he a disability rating of 60 percent or more. in the University of Pittsburgh’s Department of earned his law degree from the University of Now, we come to the so-called Africana Studies since 1972. This year marks Cincinnati College of Law in 1959. From 1954 ‘‘compromise’’ before us. A compromise, to both Dr. Lillie’s 70th birthday and her 30th an- to 1956, Dick served our country in the U.S. me, means that you meet somewhere in the niversary at the University of Pittsburgh. Army. Last year, he was appointed as Ohio’s middle. This compromise does no such thing. Civilian Aide to the Secretary of the Army. It would set up an alternative ‘‘special pay’’ for Mr. Speaker, on behalf of the people of Dick has been an outstanding public servant only military retirees who have combat-related Pennsylvania’s 14th Congressional District, I to the Cincinnati community and the people of disabilities. These are military retirees with 20 want to commend Professor Lillie and the Ohio. He was first elected as a Councilman of years of service who also: members of the Kuntu Repertory Theatre for the Village of Evendale in 1963, and went on 1. Have a Purple Heart and a disability rat- their important cultural contributions and con- to serve as Mayor of Evendale from 1969 to ing of 10 percent or more for the condition for gratulate them as they begin their 28th season 1973. He served in the Ohio House of Rep- which they received the Purple Heart, or of high-quality, thought-provoking plays. resentatives from 1973 to 1978, and, since

VerDate 0ct<31>2002 03:13 Nov 17, 2002 Jkt 019060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A14NO8.093 E15PT1 E2058 CONGRESSIONAL RECORD — Extensions of Remarks November 15, 2002 1978, has served in the Ohio Senate. For the irresponsible corporations including those that Weapons of Mass Destruction Civil Support past 6 years Dick has been President of the incorporate offshore to avoid paying their fair Teams. Senate. share of the war on terrorism and those who The language in the bill before us is derived During his 29 years in the Ohio General As- knowingly make faulty products, and ensure from legislation I introduced (H.R. 3154) on sembly, Dick has been an outstanding leader. that the new department will have the best October 17, 2001, which attracted 49 cospon- He has been involved with some very difficult possible workforce, while maintaining civil sors. On November 14, 2001, in response to issues that have faced Ohio, which include service protections. The majority has also these efforts Ellen Embry, Deputy Assistant workers compensation, school funding, and slipped into this bill a provision to protect the Secretary of Defense for Military Assistance to crafting legislation to rescue Ohio’s state-char- pharmaceutical industry, The majority also has Civilian Authorities briefed a small number of tered savings and loan institutions. He also is extended the deadline for our airports to have fellow Democratic Committee members of the primarily responsible for the renovation of their security standards at the highest levels. Ohio’s historic Statehouse, which restored the In these and many other areas, H.R. 5417 House Armed Services Committee. At that Capitol to its 1861 magnificence. falls short. As a result, I will reluctantly vote meeting I reiterated my view that there should Throughout his service, Dick has always against this bill. I still believe we can and must be at least one WMD–CST in every state and stood firm on his principles, and he’s earned create an effective Department of Homeland U.S. territory. On February 6, 2002, I again the respect of Ohioans everywhere. His retire- Security that simultaneously protects us at raised this issue with Secretary Rumsfeld ment from the Ohio Senate is a great loss to home, protects workers, and protects our when he testified before the House Armed our state and the Cincinnati area, but I know basic freedoms and civil liberties. Services Committee. he will continue to serve our local community, f During the House Armed Services Commit- the State of Ohio and our country. I look for- tee’s consideration of the FY 2003 Defense CONFERENCE REPORT ON H.R. 4546, ward to continuing to work with him. Authorization measure (H.R. 4546), my col- BOB STUMP NATIONAL DEFENSE Although he will greatly miss his public serv- league, Congressman TAYLOR of Mississippi, AUTHORIZATION ACT FOR FIS- ice in the Ohio Senate, Dick is looking forward and I successfully offered the amendment, CAL YEAR 2003 to having more time with his family. He and based on my legislation (H.R. 3154), to in- his wife, Joan, have been married for over 40 clude the provision for the additional Civil Sup- years and have 4 children and 10 grand- HON. JAMES H. MALONEY port Teams. children. OF CONNECTICUT Currently there are thirty-two Civil Support Mr. Speaker, I hope my colleagues will join IN THE HOUSE OF REPRESENTATIVES Teams across the country, authorized by Con- me in recognizing Dick’s outstanding service. Thursday, November 14, 2002 All of us in Southwestern Ohio are grateful for gress over the last three years. While 32 his many contributions to our community, and Mr. MALONEY of Connecticut. Mr. Speaker, teams was a good start, it doesn’t go far we wish him the very best as he steps down I rise in support of H.R. 4546, the Bob Stump enough. H.R. 4546 will increase (from 32 to from the Ohio Senate. National Defense Authorization Act for Fiscal 55) the total number of Weapons of Mass De- f Year 2003, which contains an important provi- struction Civil Support Teams (CSTs)—includ- sion I offered for the expansion of Civil Sup- ing a team for Connecticut. HOMELAND SECURITY ACT OF 2002 port Teams nationwide. My legislation (H.R. 3154) requires the De- Civil Support Teams are National Guard partment of Defense to establish at least one SPEECH OF units designed to provide support to civil au- team per state and territory. Federal emer- thorities in response to Weapons of Mass De- HON. TOM UDALL gency resources need to be properly and fully struction (WMD) threats or attacks. The teams OF NEW MEXICO integrated with state and local emergency re- IN THE HOUSE OF REPRESENTATIVES are expertly trained to provide a variety of services including coordination of rescue and sponse operations. To do that, we need a Wednesday, November 13, 2002 recovery efforts, securing communications, team in each state. Establishing a team in Mr. UDALL of New Mexico. Mr. Speaker, for and providing medical supplies. The teams are every state ensures a quick response to a the past year, Congress has debated legisla- outfitted with the proper protective equipment Weapons of Mass Destruction attack, and al- tion to establish a Department of Homeland for entering a contaminated site. These highly- lows the Civil Support Teams to run practice Security. This has been an extremely impor- skilled units, made up of 22 full-time National scenarios with local and state authorities that tant debate considering that any legislation we Guard members, are a critical part of the De- would be involved in the event of a real attack. pass in this regard will result in the largest partment of Defense’s (DODs) mix of local, This will ensure high-quality coordination federal government reorganization since World state and federal resources for the Homeland among all those involved. War II. Yet, despite this fact, we are not only Security plan. A Connecticut-based Civil Support Team is on the verge of passing flawed legislation, but Yet, currently a number of states, including vital to residents of Connecticut and the North- in what seems to have become the norm for Connecticut, do not have a Civil Support east Corridor. The terrorist attacks of Sep- any vitally important legislation before us in Team. At present, there are only two teams tember 11th in New York City made this point the House, we are on the verge of passing it assigned to the entire Tri-State/Southern New clear, and necessitate addressing this regional with little opportunity for deliberation, and no England area. Those two teams are located in national security concern as soon as possible. opportunity to amend it. Natick, Massachusetts and Scotia, New York, The Civil Support Team in New York helped Several of my colleagues have come to the which leaves Connecticut, Rhode Island, and assess the initial terrorist incident at the World floor to highlight provisions that have been in- New Jersey without teams. Trade Center, and undertook chemical, bio- serted into this legislation at the last minute. I The National Defense Authorization for FY logical and radiological sampling at Ground share many of their concerns. It is unfortunate 2003 rectifies this by authorizing 23 additional Zero. The team also provided a full range of that we are not allowed an opportunity to offer teams, one for each state and territory in the communications support as well as air moni- amendments to a piece of legislation with United States. This initiative has been a con- toring services. The attack in New York was a such far-reaching implications for government cern of mine since well before the tragic critical test for this Civil Support Team, and it events of September 11, 2001. On January reorganization, and more importantly, for the proved to provide significant assistance to 10, 2000, I sent a letter to the Honorable safety of our country. local and state authorities. Connecticut de- In addition to the process, however, I have Louis Caldera, Secretary of the Army, urging serves to be equally well protected and pre- several concerns regarding the substance of that a team be deployed in Connecticut. I fol- pared. I am delighted that my legislation to ad- the legislation. While I firmly support the Presi- lowed up that letter with a series of actions in vance that goal has been incorporated in the dent in the war against terror, I strongly be- support of expanding Civil Support Teams na- National Defense Authorization for Fiscal Year lieve that it must be achieved by striking a tionwide. I worked with the Connecticut Air/ proper balance between cracking down on ter- Army National Guard, the National Guard Bu- 2003. rorists while simultaneously preserving many reau and the National Guard Association of Mr. Speaker, for these reasons, and for the of the liberties and freedoms that we enjoy as the United States to address this issue of other strong national defense provisions au- citizens of the United States. homeland security. On October 4, 2001, I sent thorized within, I strongly urge the House to In securing our borders and preserving our a letter to the Honorable Donald Rumsfeld, vote in support of H.R. 4546, the Bob Stump way of life, it is imperative that we protect civil Secretary of the Department of Defense, to National Defense Authorization for Fiscal Year liberties, oppose efforts to gratuitously protect ask his support for establishing additional 2003.

VerDate 0ct<31>2002 03:13 Nov 17, 2002 Jkt 019060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A14NO8.097 E15PT1 November 15, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E2059 THE HONORABLE DAN NOBLE served as an armored cavalry platoon leader many have called the worst PCB and armored cavalry troop commander with (polychlorinated biphenyls) contaminated site HON. BOB SCHAFFER the 2d Squadron, 1st Cavalry, which deployed in the U.S. Waukegan lies fifty miles north of OF COLORADO from the 2d Armored Division, Fort Hood, Chicago directly on the shore of Lake Michi- IN THE HOUSE OF REPRESENTATIVES Texas. He commanded the 11th Armored gan. Waukegan Harbor was designated in the Cavalry Regiment in Fulda, Germany, from 1980’s an Area of Concern (AOC) by the Thursday, November 14, 2002 1988 to 1990; the 2d Infantry Division, International Joint Commission on the Great Mr. SCHAFFER. Mr. Speaker, I rise today Uijongbu, Korea, from 1993 to 1995; and V Lakes, the United States EPA and the Illinois to memorialize the Honorable Dan Noble of Corps, Heidelberg, Germany, from 1995 to EPA. Norwood, Colorado, who passed away on No- 1997. Prior to assuming command of The contamination of Waukegan Harbor vember 12, 2002. Dan Noble was an excep- TRADOC, he was the TRADOC Deputy Com- took place over a 13-year period from 1959 to tional man who spent his life serving his commanding General from August 1997 to Sep- 1973. The U.S. EPA approximated that during munity and his nation. tember 1998. that time 300,000 pounds of PCBs were dis- Dan was an Army veteran and served as a His service includes staff assignments as charged directly into the water of Lake Michi- staff sergeant in a motor battalion in Korea Chief of Staff of the 3rd Armored Division in gan and an additional 700,000 were dis- from 1950 to 1952. When he returned from Germany; Military Science Instructor at the charged on the property by the Outboard Ma- the military he married his wife, Donna, and United States Military Academy at West Point; rine Corporation. An average 9–10 pounds of attended the University of Colorado School of Army Staff Officer in War Plans and Deputy PCBs were discharged into Lake Michigan Banking from 1960 to 1962. He became the Director of Operations Directorate in the Office daily. President and the Director of the San Miguel of the Deputy Chief of Staff of Operations and The cleanup of Waukegan Harbor has been Basin State Bank in Norwood. Plans. successful thus far removing approximately In 1970, Dan was appointed to fill a one- His awards and decorations include the Dis- 500 tons of PCB contaminated sediment from year vacancy in the Colorado State Senate. tinguished Service Medal, Silver Star with oak Waukegan Harbor. However, more corrective He continued to faithfully serve his constitu- leaf cluster, Legion of Merit with two oak leaf action is necessary before the harbor can be ents for a total of 17 years. He served seven clusters, Bronze Star with three oak leaf clus- de-listed as an AOC. Passage of H.R. 1070 of these years as the Majority Leader. Senator ters and Valor device, and the Purple Heart. will go a long way in continuing the movement Noble was respected by all of his peers and He has also received the Knight Commander’s to de-list Waukegan Harbor and clean the re- his commitment to the people of Colorado is Cross of the Order of Merit of the Federal Re- maining Great Lake AOCs. a great example for all who serve in the Colo- public of Germany. I applaud the Congress for taking this im- rado General Assembly. Throughout his career, General Abrams has portant step addressing contaminated sedi- Dan died of cancer at the age of 73, leaving made significant contributions at every level ments in the Great Lakes basin. The time has behind his five children: Douglas Noble, assigned. In his final assignment, he brought come to protect the Great Lakes from the Danette Christiansen, Darin Noble, DruAnn to bear the accumulated experience and dedi- other dangers, such as mercury pollution and Nemecek, and Darcy Crotteau. cation of a career spent serving the nation and invasive species. Earlier this session I intro- Dan Noble was truly a great man. It is with our soldiers. He has provided continuity for the duced H.R. 5261, the Great Lakes Mercury sadness that I inform the House of the loss of Profession of Arms—integrity, loyalty, dedica- Reduction Act, which will prohibit the issuance such an exceptional American. I ask the tion, mentorship, vision, and the willingness to of new permits under the Clean Air Act that House to join me in extending its sincere sym- take and stand behind the risks associated would result in the deposition of any additional pathy to the family and friends of Mr. Noble. with implementing change in the Army. Gen- mercury into the Great Lakes. f eral Abrams’ distinguished performance of Congress must also adopt a comprehensive duty will have far-reaching impacts on the fu- plan to stop the introduction of alien species TRIBUTE TO GENERAL JOHN N. ture of the Army. I am certain that my col- into the region. H.R. 5396 and 5397 seek to ABRAMS leagues will join me in wishing General reauthorize the National Aquatic Invasive Spe- Abrams all the best. cies Act to address existing loopholes in our HON. IKE SKELTON f laws and authorize much needed funding to OF MISSOURI upgrade the fight against aquatic invasive spe- H.R. 1070: THE GREAT LAKES IN THE HOUSE OF REPRESENTATIVES cies, along with expanding the Aquatic Nui- LEGACY ACT Thursday, November 14, 2002 sance Species Dispersal Barrier on the Chi- cago Ship and Sanitary Canal. Mr. SKELTON. Mr. Speaker, it has come to HON. MARK STEVEN KIRK Mr. Speaker, I would like to take a moment my attention that a long and exceptionally dis- OF ILLINOIS and thank Mr. EHLERS for his tireless work on tinguished career has come to an end. Gen- IN THE HOUSE OF REPRESENTATIVES H.R. 1070. His work on this legislation, and eral John N. Abrams’ 36 years of service to Thursday, November 14, 2002 other Great Lakes issues, has been remark- the nation has been marked by meritorious able. I would also like to thank the groups in- service in increasingly demanding command Mr. KIRK. Mr. Speaker, the magnitude of volved in the Waukegan Harbor cleanup effort, and staff positions, culminating as Com- the Great Lakes water system is difficult to ap- including the U.S. EPA, the Illinois EPA, and manding General, United States Army Training preciate, even for those who live within the the Waukegan Harbor Citizens Advisory and Doctrine Command (TRADOC), Fort Mon- basin. As the world’s largest body of fresh Group. Hopefully, the passage of H.R. 1070 roe, Virginia. Throughout, General Abrams water, the Great Lakes are sensitive to the ef- will enable our community to celebrate the de- demonstrated strong and inspiring leadership, fects of a wide range of pollutants. The listing of Waukegan Harbor. unsurpassed executive ability, and an untiring sources of pollution include runoff from farm f dedication to the spirit and mission of the chemicals, waste from cities, and discharges United States Army. from industrial areas and waste disposal sites. AFRO-AMERICAN MUSIC General Abrams was commissioned through The large surface area of the lakes makes INSTITUTE Officer Candidate School at Fort Knox, Ken- them vulnerable to direct atmospheric pollut- tucky, on February 3, 1967, after enlisting in ants of all kinds, such as mercury. HON. WILLIAM J. COYNE the United States Army on February 17, 1966. H.R. 1070 amends the Clean Water Act to OF PENNSYLVANIA He is a graduate of Bowling Green State Uni- authorize $50 million a year for fiscal years IN THE HOUSE OF REPRESENTATIVES versity in Ohio with a Bachelor of Science in 2004 through 2008 for the Environmental Pro- Business Administration and Shippensburg tection Agency (EPA) to carry out remediation Thursday, November 14, 2002 State University of Pennsylvania with a Mas- projects in Areas of Concern (AOCs) sur- Mr. COYNE. Mr. Speaker, I rise today to ters of Science in Public Administration. He is rounding the Great Lakes to monitor or evalu- call my colleagues’ attention to a milestone also a 1986 graduate of the Army War Col- ate contaminated sediment, remediate con- that was recently observed in Pittsburgh, lege. taminated sediment, or prevent further or re- Pennsylvania. On September 21, the Afro- General Abrams has served in command newed contamination of sediment. American Music Institute celebrated its 20th and staff positions over the last thirty-five Contamination of the Great Lakes is an anniversary. years. He is a combat veteran of Vietnam issue that directly affects my district. The city The Afro-American Music Institute was es- from August 1967 to July 1969 where he of Waukegan in my district was home to what tablished in 1982 by ethnomusicologist Dr.

VerDate 0ct<31>2002 03:13 Nov 17, 2002 Jkt 019060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\A14NO8.100 E15PT1 E2060 CONGRESSIONAL RECORD — Extensions of Remarks November 15, 2002 James T. Johnson, Jr. and his wife Pamela though we sit on opposite sides of the aisle, personal plans on hold for the past five years Johnson. Dr. Johnson has been the director of I have always respected her work and wel- while he served our country nobly and well. the AAMI since its founding, and Mrs. Johnson come the arrival of her son, Kendrick, to the He is a true citizen servant in the great tradi- serves as manager of this non-profit organiza- Congress. My office and the entire Florida tion of the Roman hero Cincinnatus. Our tion. They have worked tirelessly over the last Delegation look forward to working with him. country owes him a debt of gratitude for his 20 years to expand and improve the programs We are certain he will carry on Carrie’s fine outstanding public service. We wish Charles offered by the AAMI. family tradition of lawmaking. and Barbara the very best. For the past 20 years, the AAMI has trained Mr. Speaker, the residents of Florida’s 17th f musicians of all ages and backgrounds in jazz, Congressional District have been better gospel, and blues for voice and instruments. served for Carrie’s service in Congress. This FAMILY FRIENDLY ATMOSPHERE Over that period of time, the Afro-American body exists so that the people of our country IN CONGRESS Music Institute has trained thousands of stu- have a voice in their government. The votes dents. In addition to vocal and instrumental in- Floridians cast to send her to Washington HON. TIM ROEMER struction, the AAMI curriculum includes such brought this House reasoned judgment, ener- OF INDIANA subjects as directing, improvisation, song writ- getic lawmaking and strong conviction, Today IN THE HOUSE OF REPRESENTATIVES ing and arrangement, and music theory, as we honor her service to her country and wish Thursday, November 14, 2002 well as the technical and managerial aspects her well. Mr. ROEMER. Mr. Speaker, I rise today to of musical performance. The AAMI sponsors f several musical ensembles, including a youth reflect on my last 12 years here in United jazz group, a sacred music choir, a boys’ IN RECOGNITION OF THE SERVICE States Congress. I have enjoyed this experi- choir, and a faculty ensemble. AND CONTRIBUTIONS OF THE ence and consider it to be one of the most The Institute was originally located in St. HONORABLE CHARLES ROSSOTTI gratifying opportunities of my life. I am grateful James AME Church in Pittsburgh’s East Lib- for the people of the Third District of Indiana erty neighborhood, but in 1992, it incorporated HON. ROB PORTMAN who allowed me to serve with such intelligent, and moved to its current location at 7227 OF OHIO honorable and talented people. It is my hope Tioga Street. The AAMI has plans to relocate IN THE HOUSE OF REPRESENTATIVES that we have made some strides in making the lives of Americans better and more pros- to a new building on Hamilton Avenue early Thursday, November 14, 2002 next year. perous for the future. As I leave this body, one Mr. Speaker, on behalf of the people of Mr. PORTMAN. Mr. Speaker, I rise today to of my regrets will be that this institution did not Pennsylvania’s 14th Congressional District, I recognize the service to our country that has set more of a priority on scheduling, which is want to commend Dr. and Mrs. Johnson and been performed by our outgoing Internal Rev- essential to a balanced, family and profes- the faculty and students of the Afro-American enue Service Commissioner, Charles Rossotti. sional life. With a quote, I would like to point Music Institute for their educational and cul- Commissioner Rossotti was one of the long- to the following example of our colleagues tural contributions to our community and wish est serving Commissioners in the history of across the Atlantic who have set a family- them continued success in the future. the Internal Revenue Service and the first to friendly precedent as part of their agenda. f have a five-year term as recommended in the Winston Churchill once said, ‘‘There is no landmark IRS Restructuring and Reform Act of doubt that it is around the family and the PERSONAL EXPLANATION 1988. During his tenure, Commissioner home that all the greatest virtues, the most Rossotti provided the IRS with the leadership dominating virtues of human society, are cre- HON. CONSTANCE A. MORELLA it needed as it went through the most dramatic ated, strengthened and maintained.’’ OF MARYLAND change in its history. The structural and cul- According to an article in the New York IN THE HOUSE OF REPRESENTATIVES tural reforms he implemented will have a posi- Times, Members of the British Parliament re- Thursday, November 14, 2002 tive impact on both the IRS and taxpayers for cently reaffirmed their commitment to this prin- many years to come. ciple. The House of Commons voted to end a Mrs. MORELLA. Mr. Speaker, on rollcall No. Under Commissioner Rossotti’s leadership, centuries old tradition of late-night sessions, 477, final passage of H.R. 5710, The Home- the IRS was reorganized into four divisions, moving the start of business up to 11:30 a.m. land Security Act of 2002, I was detained in each of which is responsible for a specific from 2:30 p.m., and declaring that the latest a traffic from an event honoring federal employ- segment of taxpayers. This model allows tax- session can go is 7:30 p.m. This is three ees. Had I been present, I would have voted payers to receive expert and personalized hours earlier than the usual closing time. This ‘‘yes.’’ service and permits the IRS to more efficiently vote apparently came after a nine-hour debate f use its resources. Another significant accom- that ended at midnight. IN HONOR OF REPRESENTATIVE plishment under Commissioner Rossotti’s This schedule is all too familiar to us here CARRIE MEEK watch is the expanded ability to exchange in the United States Congress. We have had data electronically. During the last tax season, more than our fair share of late nights. Some nearly one in three Form 1040s was filed elec- of these nights have been essential, especially HON. E. CLAY SHAW, JR. tronically, and the IRS Web site has become when we are considering measures on how to OF FLORIDA one of the most popular sites on the Internet. combat the war on terrorism or balance the IN THE HOUSE OF REPRESENTATIVES Charles has managed the implementation of budget. Oftentimes, these sessions are indeed Thursday, November 14, 2002 many taxpayer rights contained in the IRS re- vital. However, more often than not, there was Mr. SHAW. Mr. Speaker, I rise on behalf of structuring law, such as the innocent spouse no compelling reason to be in session so late. my dear colleague, Carrie Meek, whom I have and collection due process protections, and Mr. Speaker, I applaud the hard work of my had the privilege of working with from the has strengthened the role of the National Tax- colleagues during this 107th Congress and great state of Florida. payer Advocate. past Congresses. I am, however, concerned A freshman from the class of 1992, Carrie Commissioner Rossotti’s accomplishments about the impact of inefficient scheduling on represents Florida’s 17th district, encom- have set the IRS on the right track to pro- our spouses and children. This ritual has be- passing large portions of my hometown, viding top-quality service and fairness to all come a norm in this governing. We have Miami. taxpayers. He is to be commended for his ef- struggled through many late nights only to ac- In her very first term, we were all impressed forts to transform the IRS into a performance- complish very little at times and only to dis- by her ability to win a seat on the Appropria- based organization, and dispel the belief that appoint our families when we cannot get on a tions Committee, the only freshman Democrat customer service and enforcement are mutu- plane to get home or make it back in time to to do so. She has also served admirably on ally exclusive. Perhaps the broadest indicator tuck our children into bed. the Treasury Postal Service and VA/HUD of Commissioner Rossotti’s impact on the IRS As Co-chairs of the Members and Family Committees, consistently advocating on behalf has been the steady rise in the public percep- Committee, my friend, the gentleman from of African Americans, fighting for job creation tion of the IRS in the last four years. Mississippi, Mr. PICKERING, and I have worked and business development through Federal Mr. Speaker, Charles accomplished all of with the Committee to make it possible to programs. this at a time in his life when he was ready to mesh family time with Congressional business. Always fighting for the underdog, Carrie has leave full-time employment and enjoy a slower We have hosted dinners and movie nights and served with an iron fist in a velvet glove. Al- paced life. He and his wife, Barbara, put their brought in speakers to make this body a more

VerDate 0ct<31>2002 03:13 Nov 17, 2002 Jkt 019060 PO 00000 Frm 00014 Fmt 0626 Sfmt 9920 E:\CR\FM\A14NO8.104 E15PT1 November 15, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E2061 family-friendly atmosphere. The events have was the founding director and former president Liberation Army into a modern technological been a success but they are a far cry from the and chairman of the Tampa Bay Bankruptcy force capable of lightning attacks. goal of having a family-friendly atmosphere in Bar Association. Doug handled several high Similar to how Germany used blitzkrieg or ‘‘The People’s House.’’ profile bankruptcy cases in the Tampa Bay lightning warfare in World War II to demoralize A broader level of this concern in this body area and was highly respected by his col- its opponents, the People’s Liberation Army should be the importance of having represent- leagues for the quality of his work and char- (PLA) is ready to unleash a new form of war- atives in the people’s house who have family acter. fare using advances in accurate ballistic mis- interests in mind. It is imperative to this body But what was most impressive about Doug siles, high-energy lasers, and information war- for all interests of the American people to be was his ability to successfully balance a de- fare. represented, particularly the issues that affect manding career with his responsibilities to his This transformation of the PLA has more the family. We cannot allow those interests to family and his community. Doug was very ac- than the capture of Taiwan in view. In Decem- be forgotten as we continue to set an agenda tive in the lives of his children and committed ber 1999 China’s Defense Minister, General for the American people. to helping young people. He sat on the execu- Chi Haotian, declared war between China and Mr. Speaker, as I leave Congress in the tive board of the Gulf Ridge Council of the the United States ‘‘is inevitable.’’ He noted, coming weeks, I hope that this body will work Boy Scouts and was chairman of the board for ‘‘The issue is that the Chinese armed forces to improve the schedule so that members can Young Life, a Christian outreach program for must control the initiative in this war.’’ To control the initiative, the PLA plans to meet their priorities in life: our families. Thom- middle and high school students. Doug also mount a surprise attack, counting on the as Jefferson once said, ‘‘The happiest mo- served as a trustee for the Tampa Museum of weight of its initial blow to stun an opponent ments of my life have been the few which I Art, past president of the Tampa Club and into submission. Ballistic missile strikes, high have passed at home in the bosom of my trustee of the University of Florida Law Center energy lasers used against satellites, and in- family.’’ Association. formation warfare provide the means by which As a member of the U.S. Special Forces, f the PLA can launch a surprise attack with little Doug served a combat tour during the Viet- IN CELEBRATION OF NATIONAL or no warning. nam War and earned a Purple Heart, Bronze BIBLE WEEK Do we need to remind ourselves of the con- star, Combat Infantry Badge and Air Medal. gressionally funded U.S.-China Security Re- HON. BOB ETHERIDGE On behalf of the Tampa Bay community, I view Commission that declared in August would like to extend my heartfelt sympathies 2002, ‘‘Despite overwhelming U.S. military and OF NORTH CAROLINA to Doug’s family. Doug led a very full life in technological superiority, China can still defeat IN THE HOUSE OF REPRESENTATIVES too short of a period of time, and we will never the United States by transforming its weak- Thursday, November 14, 2002 forget him, his contributions to many and the ness into strength and exploiting U.S. Mr. ETHERIDGE. Mr. Speaker, I am hon- example he set for all of us to aspire to reach. vulnerabilities through asymmetric warfare ored and pleased to serve as Congressional f . . . deception, surprise and preemptive Co-Chair for National Bible Week, November CORRECTION ON H.R. 4689 strikes’’. 24–December 1, 2002. National Bible Week China’s mild reaction to our plans to invade has been an annual observance in this coun- Iraq may indicate deception, laying the try since 1941. When the nation turned to the HON. BARNEY FRANK groundwork for a surprise attack. Even as we Holy Bible for strength, comfort, and guidance. OF MASSACHUSETTS engage China in diplomacy to call a halt to On September 11, 2001, when terrorists de- IN THE HOUSE OF REPRESENTATIVES North Korea’s nuclear weapons program, we stroyed the World Trade Center Towers in Thursday, November 14, 2002 deceive ourselves as to the role China played New York and attacked the Pentagon, another in the proliferation of nuclear weapons and Mr. FRANK. Mr. Speaker, I signed the ‘‘day of infamy’’ took place in our nation’s his- ballistic missile technology to North Korea, ‘‘Dissenting Views’’ to the Committee Report tory. President Bush immediately called Ameri- where Pakistan served as an intermediary by on H.R. 4689, the ‘‘Fairness in Sentencing Act cans to prayer, saying, ‘‘Our purpose as a na- assisting North Korea in its nuclear weapons of 2002,’’ which included these two inaccurate tion is firm, yet our wounds as a people are program in exchange for North Korean assist- statements: recent and unhealed and lead us to pray. . . . ance with its ballistic missile program. We ask almighty God to watch over our na- If enacted, the bill would prevent individ- Even our efforts to seek China’s assistance uals who perform low-level drug trafficking tion.’’ I strongly believe that one contribution in the war on terrorism contain an element of functions from qualifying for a mitigating self-deception. We overlook how China sup- every American can make in these troubling role adjustment under the United States times is to pray for our nation, its leaders, and ported the Taliban, signing a memorandum of Sentencing Guidelines. understanding with Taliban leadership on Sep- its people. and National Bible Week is celebrated every tember 11, 2001. Do we note how PLA mili- year from Sunday to Sunday during the week The bill prevents low-level, first-offense tary doctrine described in Unrestricted Warfare drug offenders from receiving a mitigating extolled Osama bin Laden as a new type of of Thanksgiving. It is a time of prayer, a time role adjustment under the sentencing guide- to confirm our values and a time to strengthen warrior to emulate? lines. We deceive ourselves if we believe the PLA national resolve. As we gather at our dinner H.R. Rep. No. 107–769 at 307–08 (Oct. 31, is not capable of mounting a powerful blow at tables in remembrance, let us be thankful to 2002) (‘‘Dissenting Views’’). The Chairman of our armed forces. Our satellites are vulnerable be living in a country where our Constitution the Subcommittee on Crime, Terrorism, and to laser attacks and information warfare—a guarantees freedom of worship. I commend Homeland Security, Rep. LAMAR SMITH, has fact carefully noted by Donald Rumsfeld be- the National Bible Association for its leader- brought to my attention that these two state- fore he became Secretary of Defense while ship in promoting this worthy endeavor. ments are inaccurate because the bill does serving as Chairman of the Space Commis- f not in fact do this. I acknowledge and regret sion. Our forces and military bases are vulner- HONORING DOUGLAS MCCLURG the error. able to ballistic missile strikes—we have no f defense against ballistic missiles except for HON. JIM DAVIS the short-range Patriot. CHINA’S BALLISTIC MISSILE TAIWAN OF FLORIDA THREAT IN THE HOUSE OF REPRESENTATIVES A picture of our vulnerability may be seen in Taiwan. For example, a Taiwanese defense Thursday, November 14, 2002 HON. BOB SCHAFFER ministry report concluded a PLA attack using Mr. DAVIS of Florida. Mr. Speaker, I rise in OF COLORADO ballistic missiles and cruise missiles supple- honor of my good friend Douglas McClurg, IN THE HOUSE OF REPRESENTATIVES mented by long-range artillery and other who will be remembered in the Tampa Bay weapons aimed at nearly one hundred key tar- community as a prominent and highly es- Thursday, November 14, 2002 gets such as airports, harbors, important high- teemed bankruptcy attorney, a Vietnam War Mr. SCHAFFER. Mr. Speaker, as we pre- ways, bridges and military command centers, hero and a man who was deeply devoted to pare to invade Iraq and ponder North Korea’s missile bases and barracks would be success- his faith, family and community. secret nuclear weapons program, America ful within a very short time. Several dozen bal- Since 1992, Doug worked as a bankruptcy must not overlook the greater threat posed by listic missiles could destroy over half its navy lawyer for Hill, Ward & Henderson, and he China and the transformation of the People’s concentrated at the naval base of Tsuoying.

VerDate 0ct<31>2002 03:13 Nov 17, 2002 Jkt 019060 PO 00000 Frm 00015 Fmt 0626 Sfmt 9920 E:\CR\FM\A14NO8.108 E15PT1 E2062 CONGRESSIONAL RECORD — Extensions of Remarks November 15, 2002 In 2002 computerized war simulations in missile forces as well as other defense instal- the Pacific in island chains that would extend Taiwan’s Han Kuang Number 18 military exer- lations and military bases, China has targeted to the Aleutians and Hawaiian Islands, Ha- cise showed it could lose much of its air force U.S. conventional forces and bases, trusting waii’s defense and use as a base for pro- in the first wave of ballistic missile strikes. The that a small arsenal of ICBMs pointed at jecting air and naval power should be consid- launch of hundreds of ballistic missiles aimed American cities could deter a U.S. nuclear re- ered essential. What steps have we taken to at major air bases around Taiwan would dam- taliation. reinforce that key position, including the de- age 75 percent of its air force fighters on the Not only are U.S. forces undefended from ployment of ballistic missile defenses capable ground. ballistic missile attack, the use of air power in of intercepting ICBMS? Furthermore, China has obtained technical retaliation or suppression would be slower in Preparation is key to a strong defense. Just information on the improved Patriot-2, ena- comparison to another ballistic missile strike. as the PLA has engaged in an extensive and bling it to devise tactics for overwhelming the Air power alone is not decisive in the age of far-reaching military buildup for nearly fifteen two hundred Patriot missiles guarding Taipei missiles. years, we need to prepare and reinforce our and its environs. EVIDENCE defenses, especially against the PLA’s weap- TRANSFORMATION Evidence of the PLA’s transformation may on of choice, the ballistic missile. Without Transformation is a result of new strategy be seen in the double-digit increases to its an- preparation in advance, the transportation of and new weapons that can convey a sense of nounced defense spending for over a decade; reinforcements may suffer, as well as the con- overwhelming defeat, enabling conventional its purchase of advanced Russian arms such struction of defenses. military forces to conduct mopping-up oper- as Sovremenny destroyers, Kilo submarines, The buildup of forces in the Persian Gulf ations against a demoralized enemy. In other S–300 air defense missiles, supersonic cruise should not blind us to the need for defensive words, while the bulk of PLA forces are not as missiles, Su–27 and Su–30 aircraft; and, its preparations against the PLA. Such prepara- technologically sophisticated as U.S. forces, if buildup of ballistic missiles and new doctrine. tions may include a buildup of naval forces to PLA laser and ballistic missile forces can cre- Once an army of peasants, the PLA has be- counterbalance China’s acquisition of Russian ate a sense of overwhelming defeat, the once come an army of the technologically equipped Kilo submarines, Sovremenny destroyers, and vaunted technological superiority of U.S. with advanced degrees in science and engi- cruise missiles in addition to its buildup of bal- forces would be swept aside. neering. To foster its acquisition of new weap- listic missiles. Ballistic missile defenses would Similar to Taiwan, China’s intermediate and ons, the PLA has shrunk in numbers from ap- play a key role, especially space-based and long-range ballistic missiles could be used in proximately 3.5 million to 2.5 million while de- naval defenses that can provide widespread, a preemptive strike against U.S. air and naval fense spending has increased. It has the flexible coverage over the Pacific. Our prep- forces, particularly in the Pacific. Indeed, Chi- world’s second largest defense budget, ampli- arations may include new weapons and de- na’s intermediate-range ballistic missiles were fied by the relatively low wages it pays. fenses against to offset the PLA’s acquisition developed for attacking U.S. forces in the Pa- U.S. FORCE DISPOSITION of supersonic cruise missiles, Shkval rocket cific and Indian Oceans. The effect would be The concentration of U.S. forces in the Mid- torpedoes, and wake homing torpedoes. the same as an attack on Taiwan. U.S. air and dle East and Persian Gulf is creating a condi- CENTRAL AMERICA naval strength would be devastated. tion for strategic attack and maneuver by the In preparing defenses to counter the PLA, The PLA is aware of the vulnerability of U.S. PLA. After a surprise attack using lasers, bal- the southern approach to the continental forces to ballistic missiles. The inability of U.S. listic missiles, and information warfare directed United States from Central America, Mexico, forces to defend themselves against ballistic at U.S. satellites and air and naval forces, a Cuba, or other Caribbean nations deserves missiles can create a condition for intense PLA force as small as 50,000 well equipped our attention. To be of military significance, psychological defeat, a feeling of utter help- troops could create havoc. U.S. forces rely our planning should include the deployment of lessness against a foe that can strike at will. heavily on air power. U.S. ground forces in the event of a PLA intru- This is called asymmetric warfare—attacking Following a surprise attack there would be sion through our southern border or through an opponent’s weakness. little to stop the PLA from invading other coun- ports such as Houston or Mobile. We will find our weapons, doctrine, and tries, including Taiwan and the island nations However unlikely it may seem to be, the leadership outdated. For example, we have no of the Pacific. PLA invasion forces against southern approach is vulnerable, especially weapons to counter a high-energy laser used these tiny Pacific nations would not need to be given the extensive nature of Chinese ship- to attack our DSP early warning satellites, large. The fractured nature of Indonesia could ping interests. Commercial shipping could be which could otherwise warn of a PLA ballistic lead the PLA to extend its initiative to larger used for the transport of military forces in the missile strike. Other key military satellites, nations, perhaps focusing on oil and gas reform of a Trojan horse. The PLA has con- upon which depends our Revolution in Military serves. Guam and Hawaii would be at risk. ducted military exercises using freighters Affairs, are at risk. While the Navy should be commended for armed with artillery, similar to the German Q- Our generals do not practice for war against basing three attack submarines on Guam, ships used in World War II. While a small PLA an opponent that uses accurate ballistic mis- have we considered the defense of that island invasion force would hardly be expected to siles in a preemptive strike. China has devel- from the PLA, which has extended its grasp conquer the United States, neither should we oped accurate ballistic missiles. Its short-range into the Spratly Islands and South China Sea? overlook the disruption and consternation that M–11, which uses GPS guidance, is accurate Guam is a strategic position for reinforcing even a small PLA invasion force could cause. to about 5 meters. Its DF–21 (CSS–5) inter- U.S. defense commitments to Taiwan, Japan, With its commercial influence at the ports of mediate-range ballistic missile is equipped Philippines, Australia, New Zealand, and the San Cristobal and Colon in Panama and with terminal, precision guidance and possibly other island nations of the Pacific. Its use friendship with the Marxist learning President GPS. China has the option of using ballistic against the PLA as a base for the projection of Venezuela, Hugo Chavez, China’s reach missiles armed with non-nuclear warheads in of air and naval power would call for a con- could well include our southern approach. Yet a precision, long-distance strike. centration of military strength. an opportunity could arise to renew our rela- Our navy has no defense against a DF–31 This concentration of military strength on tionship with Panama, including the stationing ICBM that could be fired at a naval battle Guam should include theater missile defenses of military forces along the Panama Canal, as group shortly after leaving Pearl Harbor. The that can intercept intermediate-range ballistic a number of Panamanians would like to see PLA large-scale exercise called Liberation 2 missiles. Unfortunately, we have no theater the Yankees return. simulated landing on Taiwan and attacking missile defenses to deploy, although THAAD This planning would need to include a sen- U.S. aircraft carriers, including strikes by DF– achieved successful interceptions several try line and reserves. These reserves would 31 nuclear-capable ICBMS. years ago. Yet Guam’s strategic value would need to be stationed within the United States, Our nuclear missiles are no defense against call for reinforcement, even with land forces not the Middle East or Persian Gulf Reserves a preemptive ballistic-missile strike. The threat presumably armed with tanks and mobile artil- are for reserves. It is unreasonable to use Re- of retaliation under the doctrine of Mutual As- lery such as the cancelled Crusader. The use serves and National Guard units in place of sured Destruction is empty. Even though we of artillery has been proven in hundreds of the regular armed forces, whether in scattered possess a larger number of ICBMS, we have years of warfare and should not be neglected peacekeeping missions or the buildup for Iraq. no defense against the PLA holding American against a heavily armed opponent such as the SUMMARY cities hostage using a small number of mis- PLA. The PLA has developed similar attack capa- siles. Hawaii, the crossroads of the Pacific, has bilities to Germany’s lightning warfare, using Unlike the Cold War where Soviet ballistic been a key U.S. military base for nearly a cen- surprise as the key for a sudden and powerful missile forces were targeted at U.S. ballistic tury. Considering how China plans to engulf launch. The tools the PLA will use in the

VerDate 0ct<31>2002 03:13 Nov 17, 2002 Jkt 019060 PO 00000 Frm 00016 Fmt 0626 Sfmt 9920 E:\CR\FM\A14NO8.112 E15PT1 November 15, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E2063 spearhead of its attack—ballistic missiles, Kassie; Kevin; Meaghan; Brenna; and, HONORING BOB CLEMENT high-energy lasers, and information warfare— Bridget. are tools against which the United States have Finally, Mr. Speaker, I ask my colleagues to HON. WILLIAM O. LIPINSKI virtually no defense. For these reasons I wish join me in expressing the gratitude of the OF ILLINOIS to note for the record that we are woefully un- United States Congress to Richard and Eliza- IN THE HOUSE OF REPRESENTATIVES beth Hayman for their work in educating our prepared for a more serious and eminent war. Thursday, November 14, 2002 I cannot stress enough the issues relating to youth and for their strong commitment to the the PLA’s war threat. We must come to recog- arts. I am confident the spotlight will continue Mr. LIPINSKI. Mr. Speaker, I rise today to nize the significant role our current actions in to shine on their work for many years to come. honor my good friend and colleague BOB CLEMENT, who is leaving Congress this month the Middle East play into China’s aggressive f after 15 years of serving the people of the military intentions. To further illustrate my HONORING EVERETT H. SHAPIRO Fifth Congressional District of Tennessee in points, I will offer subsequent remarks detail- the House of Representatives. ing the present danger China poses elsewhere Mr. CLEMENT served with me on the Trans- in the RECORD. HON. LYNN C. WOOLSEY OF CALIFORNIA portation and Infrastructure Committee, where f IN THE HOUSE OF REPRESENTATIVES he has consistently supported improvements A STANDING OVATION FOR RICH- Thursday, November 14, 2002 in mass and public transit, fought for funding ARD AND ELIZABETH HAYMAN for Amtrak, and helped establish federal high- Ms. WOOLSEY. Mr. Speaker, I rise today to way funding for bike paths and greenways as honor Everett H. Shapiro of Santa Rosa, CA, alternative forms of transportation. He initiated HON. JAMES A. BARCIA on the occasion of a tribute to his role as funding for the first ever mass transit hub in OF MICHIGAN Trustee Emeritus of Social Advocates for Tennessee, and worked to change an anti- IN THE HOUSE OF REPRESENTATIVES Youth (SAY). SAY has focused services on quated gasoline tax formula to provide in- Thursday, November 14, 2002 children and their families since 1971, and Mr. creased transportation dollars for the state of Shapiro has been a trustee for 13 years. Tennessee. Mr. BARCIA. Mr. Speaker, I rise today to SAY operates 25 programs in Sonoma Mr. CLEMENT is a veteran of the U.S. Army honor two very special friends, Richard and County that assist 10,000 families per year in and a retired colonel in the Tennessee Army Elizabeth Hayman of Oscoda, Michigan, as becoming caring, productive, and responsible National Guard. Throughout his career he has they celebrate forty-five years of marriage and members of the community. Mr. Shapiro’s life consistently fought for veterans’ health care, a loving commitment to each other and their embodies a spirit of dedication to children that military, and national defense issues. Addition- family, including my Communications Director, makes him a perfect match for SAY’s mission. ally, he has served as the co-chair of the Rik Hayman, and his sister, Deborah Westa. It In addition to his support of children’s causes, House Education Caucus, indicative of his is not often that a family and a community he is well-known to thousands of young locals commitment to education policy issues such have the good fortune of having two such out- as the man who has handed out an estimated as early childhood education, K–12 education, standing individuals as Dick and Betty 250,000 Tootsie Rolls to them over 50 years. literacy programs, and financial aid for higher Hayman to count on to willingly and gener- As a fan of Don Quixote, Snoopy, and the education. ously give their time and talents to the com- Marx brothers, Mr. Shapiro’s focus has always Mr. CLEMENT’s dedication and energy are monweal. been on doing good deeds with a sense of well known to the people of Tennessee whom Dick and Betty met while he was serving humor as strong as his sense of caring. To he has served for the past three decades. It our nation in the U.S. Coast Guard and she many who have received his phone calls, he was an honor and a privilege to have served was working at her father’s grocery store in will always be known as ‘‘God’’ or ‘‘Robert with BOB for his fifteen years in the U.S. South Portland, Maine. They married in 1957 Redford.’’ House of Representatives and I extend my and were later blessed with two children. Betty Mr. Shapiro is proud of having lived his en- best wishes and sincerest gratitude for our graduated from Gorham State Teacher’s Col- tire life in Santa Rosa, the son of Russian years of friendship and cooperation. lege and also holds a master’s degree from Jewish emigrants. He and his wife Phyllis f Central Michigan University. Dick has a bach- raised their two sons, Tad and David, in the elor’s degree from Emerson College in Boston community. After graduating from UC Berkeley HONORING W. IRVING OSBORNE, and a master’s degree from Central Michigan and serving two years in the army, he joined JR. University. the family wool buying business. He learned to For many years, Dick and Betty were teach- value the diverse agriculture of Sonoma Coun- HON. MARK STEVEN KIRK ers in the Oscoda Area Schools until they both ty and appreciate the ranching life style, but OF ILLINOIS retired to pursue other interests. Former col- when Tad began kindergarten, Mr. Shapiro IN THE HOUSE OF REPRESENTATIVES leagues and students will recall Betty for her began law school. He graduated in 1967 just Thursday, November 14, 2002 compassion and her uncompromising demand before his fortieth birthday and began prac- Mr. KIRK. Mr. Speaker, I rise today to pay for excellence to the best of one’s ability. A ticing business, probate, and personal injury tribute to a gentleman who lived a life of tre- strong disciplinarian who often was referred to law. He has served in numerous professional mendous achievement in the world of busi- as the ‘‘Mother Superior,’’ Betty has a well-de- organizations such as California Trial Lawyers ness but for whom the first priority was always served reputation for wielding both a kind Association, Sonoma County Bar Association, family and friends. W. Irving Osborne, Jr. heart and firm hand. She also has had the and American Arbitration Association. Tad and passed away on November 1st at his home in wisdom to know when to apply the former and David, are now lawyers as well. Lake Forest, Illinois at the age of 97. In an when to rely on the latter. Dick will always be Always devoted to Santa Rosa and the area where many captains of industry reside, remembered as the director who gave so community at large, some of his other commu- Mr. Osborne was seen as an elder statesman many students their first and perhaps only ex- nity activities have included The Boy Scouts of of business. perience in the theater. In fact, if Dick were to America, Sonoma County Junior Achievement, After his graduation from Yale University in meet a former student today, he would be far B’nai Brith, Special Olympics, Red Cross, 1926, Mr. Osborne soon embarked on a ca- more likely to recall the role they played than Kid’s Street Theatre, Santa Rosa Human reer with his family’s business, Cornell Paper- their name. Rights Commission, Canine Companions, Ro- board Products. He rose to serve as president Theater enthusiasts in the Oscoda area tary Club, Gray Foundation, and the Schulz and CEO of the company which was acquired have many fond memories of Dick and Betty Museum. He has received numerous awards by St. Regis Paper in 1957. His leadership in the roles they’ve played on stage and of the including the Spirit of Santa Rosa Award from and business acumen drew the attention of his performances they’ve directed and produced the Santa Rosa Chamber of Commerce and is peers, and in 1961, Mr. Osborne was named as leaders of the Shoreline Players. Betty also recognized as a Paul Harris Fellow by the Ro- president of the legendary Pullman Car Com- has done exemplary work on the Oscoda Area tary Foundation. pany, becoming chairman of the board in Schools Board of Education, serving as its Mr. Speaker, Everett Shapiro’s record of 1966. Vice President, while Dick used his retirement caring and leadership embodies the term he He believed in a consistent approach to to write a novel. Of course, the Haymans often uses to describe the folks in his home business and proven management techniques never lost sight of their family responsibilities town—he’s a ‘‘quality human being’’ whose life that could be applied to very diverse compa- and they have provided untold joy to each of shows us how much this means to the com- nies. His expertise earned Mr. Osborne ap- their grandchildren: Ryan; Christopher; Katie; munity of Santa Rosa and Sonoma County. pointment to an advisory board of the National

VerDate 0ct<31>2002 03:13 Nov 17, 2002 Jkt 019060 PO 00000 Frm 00017 Fmt 0626 Sfmt 9920 E:\CR\FM\A14NO8.113 E15PT1 E2064 CONGRESSIONAL RECORD — Extensions of Remarks November 15, 2002 War Production Board which worked to maxi- Social Concerns where he focuses on other have entered burning buildings or responded mize industrial output during World War II. methods of integrating community service into as Emergency Medical Technicians in order to During the course of his career, Mr. Osborne the curriculum. One of his colleagues has de- save lives. served on the board of directors of numerous scribed him as ‘‘the kind of teacher who never The town of West Boylston is very fortunate major corporations such as Baxter Inter- stops growing, thinking, and changing.’’ When to have an outstanding fire department. As we national, the pharmaceutical and medical de- community service has become essential to vice producer, Pabst Brewing, one of the leg- America’s fabric, it is encouraging to know all know—and as the tragedies of September endary Wisconsin breweries, Boulevard Bank there are still important contributors from such 11th reminded us—the job of a firefighter is of Chicago, the First National Bank of Lake a prestigious university contributing to this ef- not an easy one. It takes a special person to Forest, and Belden Corporation, an inter- fort. perform the duties required of firefighters. That national manufacturer of electronic equipment. Another outstanding educator to receive this duty involves one risking one’s life every day. Following his tremendously successful ca- award is Alicia Juarrero who is being awarded Through the years, these men and their col- reer, Mr. Osborne chose to retire in 1974. He the Outstanding Community College Professor leagues have performed admirably. Their com- was free to pursue his love of golf and was an of the Year award. She has been a professor munity is grateful for their work, and so am I. avid bridge and gin rummy player. But his of philosophy since 1975 at Prince George’s Mr. Speaker, it is a pleasure to recognize Community College in Largo, Maryland. She greatest joy by far was his role as patriarch of these outstanding men, and I know the entire a large and loving family. Over the years he has created an honors colloquium called U.S House of Representatives joins me in ex- proudly saw his family grow, first with his three ‘‘Minds, Brains, and Machines’’ at the college. tending our best wishes to them and their fam- daughters, Gwendolyn Lincoln, Adrienne Ives She teaches a philosophy module in the Na- and Karen McGovern, then eight grand- tional Endowment for The Humanities that ilies for a happy and healthy retirement. children and, ultimately fourteen great-grand- uses a college-level humanities course to children. And while he reveled in hosting his bring the poor out of poverty and into their f family at this home at holidays well into his communities. PAYING TRIBUTE TO DEPARTING 90’s, his family had the blessing of learning The third distinguished professor from my FLORIDA CONGRESSMEN from his wisdom and wealth of experience. home state of Indiana is James Adams for For 53 years, Mr. Osborne shared his life Outstanding Baccalaureate College Professor with his wife, Elsa Armour Osborne who of the Year. He has served Manchester Col- passed away in 1985. lege in North Manchester, Indiana for forty-two HON. ILEANA ROS-LEHTINEN Our community has lost one of its true lead- years. He has been an exchange professor to OF FLORIDA ers; a role model for future generations of Germany and Spain, and was instrumental in IN THE HOUSE OF REPRESENTATIVES business leaders, and a respected man active creating study-abroad programs on his cam- in civic affairs. Most importantly, a proud and pus. Thursday, November 14, 2002 loving family has lost its patriarch. I join with Finally, another renowned professor being his many friends in expressing my condo- honored is Francisco Jimenez for Outstanding Ms. ROS-LEHTINEN Mr. Speaker, it is with lences to the Osborne family upon the passing Master’s University and College Professor of a mixture of sadness and enthusiasm that I of this remarkable man. the Year. He is the Faye Boyle Professor in bid farewell to friends and colleagues, CARRIE f the Department of Modem Languages and Lit- MEEK, DAN MILLER, and KAREN THURMAN as eratures at Santa Clara University and is the they prepare to end their service in the United HOUSE RESOLUTION FOR 2002 director of the university’s Ethnic Studies Pro- States Congress. PROFESSORS OF THE YEAR gram. He has taught at Santa Clara University I am sad because I have worked with these since 1973 where he has garnered teaching HON. TIM ROEMER awards as well as honors for publication and extraordinary individuals in Congress since OF INDIANA special service to the campus and community. 1992 when they were first elected to the IN THE HOUSE OF REPRESENTATIVES He has also created an outreach program House, but I am also excited for them as they embark on a new journey. Thursday, November 14, 2002 with a local high school called the Eastside Future Teachers Project to encourage histori- I have had the distinct pleasure of not only Mr. ROEMER. Mr. Speaker, I rise today to cally under-represented students to become serving with Congressmen Meek and Thurman honor four distinguished people who deserve teachers. here in the House, but also in the Florida leg- to be recognized and applauded for their un- Mr. Speaker, I commend these four profes- failing contribution to higher learning. islature. Dan Miller then made the Florida sors for their incredible contribution to the Congressional delegation even stronger when These four outstanding professors are being world’s most important profession: teaching. he joined the House in 1992. honored by the Carnegie Foundation for the They have set an example which all educators Advancement of Teaching and the Council for should be proud to follow. I believe that throughout their tenure in the Advancement and Support of Education. f House these Members have dutifully served Mr. Speaker, one of these distinguished in- their districts, the state of Florida, and indeed dividuals hails from my home district in Indi- TRIBUTE TO DEDICATED MEM- the nation by working on the myriad of issues ana. Professor Dennis Jacobs has received BERS OF THE WEST BOYLSTON that have faced us during these last ten years. FIRE DEPARTMENT the award for Outstanding Research and Doc- CARRIE MEEK and DAN MILLER were an impor- toral University Professor of the Year. tant boost to Florida with their service on the As a professor of chemistry at the University HON. JAMES P. McGOVERN Appropriations Committee and KAREN THUR- of Notre Dame in South Bend, Indiana, he has OF MASSACHUSETTS MAN made her mark by being the sixth woman won several teaching awards and the Presi- IN THE HOUSE OF REPRESENTATIVES dential Award for dedicated service to the uni- to serve on the Ways and Means Committee. versity. One prestigious award he received Thursday, November 14, 2002 I am certain their leadership will be missed was from the Carnegie Foundation for the Ad- Mr. MCGOVERN. Mr. Speaker, I rise today by the constituents of Florida’s 5th, 13th , and vancement of Teaching. The foundation to pay tribute to Chief Ron Goodale, Deputy 17th Congressional districts. For myself, I can named him a Carnegie Scholar in 1999 largely Chief Alvin Barakian, Deputy Chief Thomas J. certainly say that their friendship and accom- for completely redesigning an important intro- Welsh, Chief Duncan Gillies, Firefighter, Paul plishments in the House will be sorely missed ductory chemistry class. The redesign led to Henault, and Chief Aaron Goodale, III from the and I know that they will continue to succeed greater student success and engagement of town of West Boylston, Massachusetts who in their chosen paths after their distinguished the students, and the course is considered a have retired after many years of dedicated service in the House. leading example of the trend toward peer-led service with the West Boylston Fire Depart- curricula. ment. I am proud to have known and worked with Professor Jacobs has also combined the These men put their lives on the line every Congressmen CARRIE MEEK, DAN MILLER, and fields of chemistry and service learning. He day to protect the citizens of West Boylston. KAREN THURMAN, and I ask my Congressional created a course in which students and com- Because of their efforts through the years, colleagues to join me in paying tribute and munity partners evaluate lead contamination in many lives and a great deal of property have saying goodbye to these dear friends. God- area homes. He is a fellow with the Center for been saved. Countless times these brave men speed to them.

VerDate 0ct<31>2002 03:13 Nov 17, 2002 Jkt 019060 PO 00000 Frm 00018 Fmt 0626 Sfmt 9920 E:\CR\FM\A14NO8.117 E15PT1 November 15, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E2065 FIX FLAWED MEDICARE PHYSI- OIL BELT STORM all but canceled the Space-Based Laser, end- CIAN REIMBURSEMENT RATE Planning for PLA aggression as well as ing its existence as an active program when it planning for an invasion of Iraq must consider could provide a very effective boost-phase de- HON. TODD TIAHRT the flow and supply of oil. From China’s per- fense with global coverage in contrast to the OF KANSAS spective, the flow of oil from Indonesia, the limited coverage of the Air Borne Laser. Middle East, and potentially Russia must be For over a decade we have cut effective IN THE HOUSE OF REPRESENTATIVES assured to support its continued economic ballistic missile defense programs, especially Thursday, November 14, 2002 growth, which is needed to maintain the legit- restricting space-based defenses. This regres- Mr. TIAHRT. Mr. Speaker, I rise today to imacy of its communist government. Without sive policy continues today. The proposed encourage my fellow Members of Congress to oil, China’s economic growth may be com- ground-based interceptor for a national missile act to fix the flawed Medicare physician reim- promised. defense, while absorbing billions of dollars, will bursement rate that is developing into a crisis In this regard, U.S. diplomacy with Sudan afford only a modest capability. It will, for ex- for our nation’s physicians and seniors. Last may be cast in a new light. We may seek to ample, be less capable and more expensive January, Medicare’s flawed formula dictated a supplant Chinese oil interests. While other than Brilliant Pebbles, and be susceptible to 5.4 percent cut in already inadequate reim- considerations need to be factored into our di- decoys and countermeasures directed at its bursement rates for physicians. Unless we do plomacy such as its civil war, it may be asked ground-based radar and centralized command something today, a second cut of 4.4 percent if a more humane treatment of the inhabitants and control center. The deployment of Patriot-3, a very modest will go into effect on January 1st. Many physi- of the south could be given to respect private accomplishment for ten years of development, cians around the country have already been property rights if a U.S.-led initiative were es- does not compensate for the proliferation of forced to refuse new Medicare patients or face tablished. It is noteworthy how the Sudanese government did proffer cooperation for the ballistic missiles that has occurred since the bankruptcy. In my state of Kansas—a rural 1991 Persian Gulf War. Since 1991 North capture of Al Qaeda terrorists, but its offer state already medically underserved—physi- Korea has built and tested the long-range was turned down by the Clinton administra- cians have lost money, but of more concern is Taepo Dong ballistic missile that can reach that one survey of physicians in Kansas tion. We should ask ourselves about our ability to the United States. Iran has developed the in- showed that 24 percent of them were not tak- termediate-range Shahab-3, and is developing defend the supply of oil from the Middle East ing new Medicare patients. It bothers me to the Shahab-4 with even longer range. China and Persian Gulf, and the development of new think of how high that number will rise if we do has engaged in a ballistic missile buildup of all supplies of oil, perhaps from equatorial Africa not act. types with improved accuracy. The prolifera- to develop alternatives to the problematic Mid- This problem is due to bureaucratic mis- tion of ballistic missiles has extended to India calculations when creating the payment for- dle East. In this light, our relationships with Af- and Pakistan, creating conditions for a nuclear mula. The formula needs to be fixed. and we rican countries, and Latin American neighbors exchange. With the exception of the draw should grant CMS the ability to do so before and Mexico may be given a new impetus. In down of the former Soviet arsenal, the ballistic the second cut goes into effect. fact, I just returned yesterday from the Repub- missile threat has increased, and Russia’s 355 of us, on both sides of the aisle, co- lic of Cote d’Ivoire where I held meetings with missiles are still capable of massive destruc- sponsored Rep. MICHAEL BILIRAKIS’ bill to fix President Laurent Gbagbo, his Prime Minister tion. and Members of Parliament. The recent dis- this problem. The White House supports fixing NEW WEAPONS the formula. CMS Director Scully has stated covery of significant off-shore oil fields there As the PLA began its transformation in the that fixing the formula is a top priority. We have the potential to dramatically reshape the late 1980’s, recognizing the technological im- have strong support and a ready solution to fix economic strength of the region. petus of President Reagan’s Strategic De- The question of foreign oil supplies should this problem. fense Initiative and the importance of tech- This is no ‘‘Chicken Little’’ story. Without affect our planning for naval strength, espe- nology in the 1991 Persian Gulf War, we Congressional action, the sky will fall in, doc- cially escort vessels that could protect oil tank- began a procurement holiday, living off our tors will be unable to participate in Medicare ers and convoys in time of war. This planning forces from the Gulf War. and our seniors will be left without care. I urge may embrace domestic policy on oil and gas We reduced the acquisition of new weap- you not to close the 107th session of Con- production and exploration, and the develop- ons. We cut, for example, the number of B– gress without addressing this critical issue. ment of alternative energy sources as well as 2 bombers from 132 to 22. In ballistic missile f the efficient use of coal. defense, we denigrated Brilliant Pebbles from BALLISTIC MISSILE DEFENSE approval for acquisition in 1991 to a follow-on CHINA WILL ATTACK AMERICA One of the lessons of the 1991 Persian Gulf technology, leading to its termination in 1993. War was the need for more effective ballistic In 1995 or earlier, when we could have en- HON. BOB SCHAFFER missile defenses. The success of the im- gaged major aerospace contractors to build a OF COLORADO proved Patriot-2 was incomplete. Its range Space-Based Laser defense, we funded it at a IN THE HOUSE OF REPRESENTATIVES was limited. It was a single-layer defense. It nominal amount, leaving it as a future techno- could not intercept Scuds during their boost Thursday, November 14, 2002 logical option instead of recognizing how the phase. future was in our hands. Mr. SCHAFFER. Mr. Speaker, I previously More than a decade has passed since the Today, as the Bush administration considers submitted remarks concerning America’s de- Gulf War ended. Since that time we have cutting the acquisition of F–22 stealth fighters fense against China, North Korea and Iraq. begun to field a new version of the Patriot, the and F–35 Joint Strike Fighters, China’s sur- Given the eminent military action against Iraq Patriot-3, for use against short-range ballistic face-to-air missile (SAM) technology is ad- by the United States and its allies, along with missiles. But we have yet to deploy a defense vancing based on Russian SAMS, which are our outlook on North Korea’s nuclear missile against intermediate or long-range ballistic reportedly capable of intercepting stealth air- capabilities, we must also recognize China’s missiles, or a defense capable of intercepting craft, and pose a difficult defense for F–15 capabilities to attack the U.S. and its national ballistic missiles in their boost phase. and F–16 fighters. interests. While, for example, on October 14, 2002 we We have yet to develop hypersonic aero- As mentioned in my previous remarks, in completed the fifth successful interception test space vehicles even though they have been December 1999 China’s Defense Minister, of a ground-based interceptor against an proposed since the 1960’s. No small part of General Chi Haotian, declared war ‘‘is inevi- ICBM target and decoys, we have yet to de- our failure to build aerospace vehicles—mili- table’’ between China and the United States. ploy a defense that can intercept ICBMs. tary space planes—may be attributed to a re- He noted, ‘‘The issue is that the Chinese Instead, we have canceled several effective luctance to embrace the Space Age, including armed forces must control the initiative in this ballistic missile defense programs since the its applications for ballistic missile defense and war.’’ Outlined in my remarks were consider- 1991 Persian Gulf War. In 1993 the Clinton long-range strike vehicles. ations for the United States in recognizing Chi- administration canceled Brilliant Pebbles, a TECHNOLOGY na’s threat and our ability to control initiative program for building space-based interceptors Research and development has lagged for during battle. Yet there are several other mat- that could intercept theater and long-range years, especially in physics, engineering, and ters of equal importance that must be consid- ballistic missiles. In 2001 the younger Bush aerospace. Our development and application ered by U.S. leaders and officials influencing administration canceled Navy Area Wide, of high-energy laser technology has been hin- policy regarding China and its oppressive Peo- which would provide coverage similar to Pa- dered by a lack of willingness to use this tech- ple’s Liberation Army (PLA). triot-3 but based on Aegis ships. In 2002 we nology, whether for ballistic-missile defense or

VerDate 0ct<31>2002 03:13 Nov 17, 2002 Jkt 019060 PO 00000 Frm 00019 Fmt 0626 Sfmt 9920 E:\CR\FM\A14NO8.120 E15PT1 E2066 CONGRESSIONAL RECORD — Extensions of Remarks November 15, 2002 anti-satellite operations, although the Air TRIBUTE TO STATE SENATOR Mr. Packard the first annual Gloria McClellan Borne Laser program would be an exception— RICHARD H. FINAN Public Service Award. The award, which will the Air Force sponsored its development for be presented annually, honors the local elect- tactical air superiority as well as missile de- HON. DAVID L. HOBSON ed leader that best exemplifies Gloria fense. OF OHIO McClellan’s commitment and dedication to IN THE HOUSE OF REPRESENTATIVES service. As the Mayor of my hometown, I can Our use of lasers—directed energy weap- personally attest to the contributions Gloria ons—could be quickened. For example, in- Thursday, November 14, 2002 McClellan has made to the community and the stead of consigning the high-energy gas- Mr. HOBSON. Mr. Speaker, I rise today to San Diego region. chemical Alpha laser used in the Space-Based pay tribute to Ohio State Senate President The San Diego Association of Governments Laser program to a museum or trash bin, as Richard H. Finan, who is retiring after 30 serves as a forum for decisionmaking on is perhaps contemplated by the Missile De- years of distinguished service to the people of transportation, land use, the economy, envi- fense Agency, we should build such a de- the State of Ohio. ronment, and criminal justice. Earlier this year fense. We should use advanced technology, Whether it was managing the state’s $45 the SANDAG Board of Directors, composed of not throw it away. billion two-year budget or restoring the State- mayors, council members, and supervisors house to its original grandeur, Dick Finan has from each of the San Diego region’s 19 local The use of medium-power lasers in aircraft, always seen the big picture and been guided governments, established an award to honor equipping them with another countermeasure by his unwavering principles and love of his the 29-year public service legacy of Vista against SAMs or air-to-air missiles could be home state and its people. Mayor Gloria McClellan. hastened. Realizing the potential of lasers to Dick Finan was a key figure in passing land- With over 30 years of public service, Mr. irradiate the heat-seeking element of a SAM mark ethics reforms and was a tremendous Packard was the perfect candidate to receive or air-to-air missile, Russia is planning to help to me on health care reforms I was spon- the Gloria McClellan Public Service Award. equip jet fighters with laser pods. China’s use soring in the Committee on Health, Human Ron Packard has been active in local civic of laser technology for anti-satellite or air-de- Services and the Aging. Dick also will be long and business affairs and his leadership fense applications should not be discounted. remembered for his tireless work in the res- brought him to the forefront of regional issues. In July, 2002, a Department of Defense report toration of the Ohio Statehouse and its annex, Ron Packard’s legacy as a public servant is and in creating a unified organization to pre- characterized by hard work, honesty, leader- on the PLA noted how it excels in lasers. serve and maintain all the facilities on Capitol ship and patriotism. Other technological developments could be Square. Representative Packard began his public highlighted, including our reluctance to build The Statehouse restoration had been disservice in the United States Navy, which he military space vehicles with rapid launch ac- cussed for years, but for one reason or an- entered upon graduation from dental school in cess. Both NASA and the Air Force declined other, the plans were always shelved. When 1957. Ron was elected to his first public post to finish development of the X–33, leaving be- Dick was put in charge of the project, he did in 1962 and held various local government po- hind another half-finished reusable rocket pro- what needed to be done to save the building sitions until he was elected to Congress on gram like the DC–X/Delta Clipper. An empha- for future generations while being a good November 2, 1982. During Ron’s 18 years on sis on space technology and reusable launch steward of taxpayer money. Dick made sure Capitol Hill he always made it a priority to sup- that the project was done in the interest of his- port local projects that were important to his vehicles is needed to counter the PLA, which torical accuracy, and not to create a palace for constituents. recognizes the importance of establishing su- the comfort of state legislators. Mr. Speaker, I commend SANDAG for es- periority in space. In Columbus, Dick Finan has been guided tablishing this award to honor Mayor Gloria SUMMARY by faith and family and never chosen the McClellan’s public service. I also join trappings of office over the importance of SANDAG in congratulating my friend, Ron In World War 11, Germany defeated France being at home with his family. Dick is a true Packard, for his faithful public service to the using blitzkrieg warfare. The French Army was gentleman and leader, and I am proud to call people of California and on winning this pres- demoralized by its lightning attacks while the him my friend. tigious award. British escaped at Dunkirk. The PLA has de- As Ohio’s Seventh District Representative to f veloped a similar but modem capability for the Congress of the United States, I take this lightning attacks, planning to seize and retain opportunity to join with members of the Ohio ‘‘YOU ARE A SUSPECT’’ the initiative. Surprise is key to its planning to delegation to honor the efforts and the many launch a sudden, powerful blow. outstanding achievements of State Senator HON. RON PAUL Richard H. Finan. His many contributions as a OF TEXAS The tools the PLA will use in the spearhead member of the Ohio State Legislature and IN THE HOUSE OF REPRESENTATIVES of its attack—ballistic missiles, high-energy la- leadership will be remembered. sers, and information warfare—are tools Thursday, November 14, 2002 f against which we have virtually no defense, Mr. PAUL. Mr. Speaker, I urge my col- with information warfare being a possible ex- IN RECOGNITION OF RON PACK- leagues to read ‘‘You are a Suspect’’ by Wil- ception. A preemptive ballistic-missile strike, ARD AS THE RECIPIENT OF THE liam Safire in today’s New York Times. Mr. aimed at our air and naval forces would cause FIRST ANNUAL GLORIA McCLEL- Safire, who has been one of the media’s most widespread devastation, as would the use of LAN PUBLIC SERVICE AWARD consistent defenders of personal privacy, de- high-energy lasers against our satellites. tails the Defense Department’s plan to establish a system of ‘‘Total Information Aware- Should China launch an attack—and the HON. DARRELL E. ISSA OF CALIFORNIA ness.’’ According to Mr. Safire, once this sys- only plausible situation where we would en- IN THE HOUSE OF REPRESENTATIVES tem is implemented, no American will be able gage China—the resulting depth of warfare to use the internet to fill a prescription, sub- would be the same magnitude as found in Thursday, November 14, 2002 scribe to a magazine, buy a book, send or re- World War 11. Not a minor skirmish as in Mr. ISSA. Mr. Speaker, I rise to share some ceive e-mail, or visit a web site free from the Special Forces deployed in Afghanistan, or a news about our former colleague Ron Pack- prying eyes of government bureaucrats. Fur- replay of the 1991 Persian Gulf War, war with ard. On October 30, President Bush signed thermore, individual internet transactions will China would involve an all-out commitment to into law H.R. 4794, which designated the be recorded in ‘‘a virtual centralized grand victory and the re-allocation of federal re- United States Postal Service located at 1895 database.’’ Implementation of this project sources to achieve that victory. Avenida Del Oro in Oceanside, California, as would shred the Fourth Amendment’s require- the Ronald C. Packard Post Office Building. I ment that the government establish probable For these reasons I wish to note for the believe that naming this post office in honor of cause and obtain a search warrant before record that we are woefully unprepared for the Mr. Packard’s service and leadership is a fit- snooping into the private affairs of its citizens. more serious and eminent war. As detestable ting tribute to a dedicated public servant. I hope my colleagues read Mr. Safire’s article as Saddam Hussein is, Iraq lacks the tools for The San Diego Association of Governments and support efforts to prevent the implementa- a long-distance, preemptive strike as are pos- (SANDAG) has joined the President and Con- tion of this program, including repealing any sessed by the PLA. gress in recognizing Ron’s career by awarding legislation weakening privacy protections that

VerDate 0ct<31>2002 03:13 Nov 17, 2002 Jkt 019060 PO 00000 Frm 00020 Fmt 0626 Sfmt 9920 E:\CR\FM\A14NO8.123 E15PT1 November 15, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E2067 Congress may inadvertently have passed in privacy rights, the buck ends with him and TAIWAN RELATIONS ACT SHOULD the rush to complete legislative business this not with the president. BE CORNERSTONE OF OUR RELA- year. This time, however, he has been seizing TIONSHIP WITH TAIWAN [New York Times, Nov. 14, 2002] power in the open. In the past week John Markoff of The Times, followed by Robert YOU ARE A SUSPECT O’Harrow of The Washington Post have re- HON. STEVE CHABOT (By William Safire) vealed the extent of Poindexter’s operation, Washington—If the Homeland Security Act but editorialists have not grasped its under- OF OHIO is not amended before passage, here is what mining of the Freedom of Information Act. IN THE HOUSE OF REPRESENTATIVES will happen to you: Every purchase you Political awareness can overcome ‘‘Total make with a credit card, every magazine Information Awareness,’’ the combined force Thursday, November 14, 2002 subscription you buy and medical prescrip- of commercial and government snooping. In tion you fill, every Web site you visit and e- a similar overreach, Attorney General Mr. CHABOT. Mr. Speaker, I rise today to mail you send or receive, every academic Ashcroft tried his Terrorism Information call attention to our ‘‘One China’’ policy and its grade you receive, every bank deposit you and Prevention System (TIPS), but public make, every trip you book and every event outrage at the use of gossips and postal inability to deal with the current situation in the you attend—all these transactions and com- workers as snoops caused the House to shoot Taiwan Strait. Since the adoption of the 1972 munications will go into what the Defense it down. The Senate should now do the same Shanghai Communique, the United States ac- Department describes as ‘‘a virtual, central- to this other exploitation of fear. ized grand database.’’ knowledges that ‘‘all Chinese on either side of To this computerized dossier on your pri- The Latin motto over Poindexter’s new the Taiwan Strait maintain there is but one vate life from commercial sources, add every Pentagon office reads ‘‘Scientia Est China and that Taiwan is a part of China.’’ piece of information that government has Potentia’’ ‘‘knowledge is power.‘‘ Exactly: about you—passport application, driver’s li- the government’s infinite knowledge about This ‘‘One China’’ policy, however, does not cense and bridge toll records, judicial and di- you is its power over you. ‘‘We’re just as con- reflect the reality of Taiwan’s maturation into a vorce records, complaints from nosy neigh- cerned as the next person with protecting vibrant democracy. As the distinguished Ma- bors to the F.B.I., your lifetime paper trail privacy,’’ this brilliant mind blandly assured jority Whip stated in March 2000 in an address The Post. A jury found he spoke falsely be- plus the latest hidden camera surveillance— to a Center for Strategic and International and you have the supersnoop’s dream: a fore. ‘‘Total Information Awareness’’ about every Studies forum, * * * We must discard old poli- U.S. citizen. f cies that no longer have credibility because This is not some far-out Orwellian sce- they are no longer true * * * whatever utility nario. It is what will happen to your personal the ‘‘One China’’ policy diplomatic fiction might freedom in the next few weeks if John TRIBUTE TO JOHN D. GRAHAM Poindexter gets the unprecedented power he have had twenty five years ago has been seeks. erased by the new reality. Currently there are Remember Poindexter? Brilliant man, first HON. RICHARD A. GEPHARDT two states: one being the free, democratic, in his class at the Naval Academy, later and peace-loving state of Taiwan. The other is earned a doctorate in physics, rose to na- OF MISSOURI the authoritarian communist regime of the tional security adviser under President Ron- IN THE HOUSE OF REPRESENTATIVES ald Reagan. He had this brilliant idea of se- People’s Republic of China.’’ cretly selling missiles to Iran to pay ransom Thursday, November 14, 2002 The PRC, established in 1949, has not for for hostages, and with the illicit proceeds to a single day exercised sovereignty over Tai- illegally support contras in Nicaragua. Mr. GEPHARDT. Mr. Speaker, I rise today A jury convicted Poindexter in 1990 on five to pay tribute to John D. Graham, a great wan. And, in 1991, Taiwan’s Kuomintang felony counts of misleading Congress and business leader in St. Louis, and a pioneer in Party relinquished all claims to being the sole, making false statements, but an appeals the communications industry. Over the years, legitimate government of China. Subsequently, court overturned the verdict because Con- former President Lee Teng Hui, in 1999, re- gress had given him immunity for his testi- I have been proud to see what was once a mony. He famously asserted, ‘‘The buck small St. Louis public relations firm grow to ferred to cross-strait relations as a ‘‘state to stops here,’’ arguing that the White House become what is now a widely respected interstate relationship.’’ While this exemplifies a staff, and not the president, was responsible national powerhouse—Fleishman-Hillard. One distinction of two separate governments, the for fateful decisions that might prove embar- of the key reasons that this company has be- U.S. position on this matter remains an influ- rassing. come a worldwide leader in the communica- ential factor in the peaceful resolution between This ring-knocking master of deceit is tions industry is the leadership provided by both sides. back again with a plan even more scandalous John Graham, its Chairman and CEO. than Iran-contra. He heads the ‘‘Information For the past twenty-five years, the U.S. has Awareness Office’’ in the otherwise excellent Recently, that leadership earned John some exercised a delicate diplomacy in which it fails Defense Advanced Research Projects Agency, well-deserved recognition. John received one which spawned the Internet and stealth air- of my state’s greatest honors, the Missouri to send consistent messages toward the East craft technology. Poindexter is now realizing Honor Medal for Distinguished Service in Jour- Asia region. Little progress has been achieved his 20-year dream: getting the ‘‘data-mining’’ in our relations with both China and Taiwan power to snoop on every public and private nalism. He joins an impressive list of past re- act of every American. cipients, which includes Winston Churchill, because of the various interpretations regard- Even the hastily passed U.S.A. Patriot Act, Walter Cronkite, Gordon Parks, George Gal- ing the ‘‘One China’’ policy. which widened the scope of the Foreign In- lup, and Tom Brokaw. The United States cannot under any cir- telligence Surveillance Act and weakened 15 In presenting the award, it was noted that privacy laws, raised requirements for the cumstances allow the People’s Republic of government to report secret eavesdropping John has not only built Fleishman-Hillard into China to impose a communist future on Tai- to Congress and the courts. But Poindexter’s one of the largest agencies in the world, but wan. The ‘‘One China’’ policy undermines our assault on individual privacy rides rough- that he has consistently sought to improve the actions and commitments; rather than clinging shod over such oversight. ethics, integrity, and quality in the practice of to old relics of the cold war era, let us reaffirm He is determined to break down the wall his profession. John has always understood our dedication to democratic ideals in the new between commercial snooping and secret the responsibility that comes with commu- government intrusion. The disgraced admi- nicating with the public, and his emphasis on millennium. ral dismisses such necessary differentiation professional, honest representation has made We must redirect our attention toward ful- as bureaucratic ‘‘stovepiping.’’ And he has been given a $200 million budget to create his company the gold standard for public rela- filling our obligations to Taiwan, as spelled out computer dossiers on 300 million Americans. tions firms. in the 1979 Taiwan Relations Act. In the Tai- When George W. Bush was running for There is no one more deserving of the Mis- wan Relations Act, the United States pledges president, he stood foursquare in defense of souri Honor Medal for Distinguished Service in a full commitment to the defense and security each person’s medical, financial and communications privacy. But Poindexter, whose Journalism than John Graham. He will con- of Taiwan in the event of Chinese aggression. contempt for the restraints of oversight drew tinue to do great things for both Fleishman- Clearly, the Taiwan Relations Act should be the Reagan administration into its most se- Hillard and the St. Louis community. I am the cornerstone of our relationship with Tai- rious blunder, is still operating on the pre- proud to call him a friend, and salute his ef- wan—not the obsolete ‘‘One China’’ policy. sumption that on such a sweeping theft of forts.

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ACHIEVEMENT OF THE NATIONAL Beyond all of these accomplishments, DAN or greater disabled to receive their full retired RENEWABLE ENERGY LABORA- and his wife, Glenda are my neighbors here in pay and VA disability compensation benefit by TORY GOLDEN, COLORADO Washington and dear friends. I will miss DAN’s Fiscal Year 2007. During its consideration of presence in this House as my wife, Emilie, the authorization bill, the Senate approved an HON. MARK UDALL and I will miss their presence in our home. Al- amendment to authorize full concurrent receipt OF COLORADO though the MILLERS leave Washington, I look immediately. IN THE HOUSE OF REPRESENTATIVES forward to many years of continued friendship. Given the overwhelming support that repeal Thursday, November 14, 2002 Mr. Speaker, all Floridians and all Ameri- of the current offset has received in both bod- cans have been better served for having DAN ies of Congress and the fact that the money Mr. UDALL of Colorado. Mr. Speaker, I rise MILLER in Congress. This body exists so that was included in the Fiscal Year 2003 budget to call attention to another achievement of the the people of our country have a voice in their resolution, I am extremely disappointed that National Renewable Energy Laboratory, based government. The votes Floridians cast to send the conference report for the Bob Stump Na- in Golden, Colorado. It is appropriate that on him to Washington brought this House rea- tional Defense Authorization Act does not con- its 25th anniversary, the National Renewable soned judgement, energetic lawmaking and tain at least the House-passed concurrent re- Energy Laboratory (NREL) has garnered yet strong conviction. Today we honor his service ceipt language. While I appreciate the efforts another award recognizing its contributions to to his country and wish him well. God Bless of Chairman DUNCAN HUNTER and others to in- the development of clean energy technologies. DAN and GLENDA MILLER. clude a benefit for some disabled retirees in In its December issue, Scientific American f the final bill, I am frustrated that we have once magazine has named NREL one of the Sci- again failed to address this issue for the ma- entific American 50—the magazine’s first list FIGHTING FOR DISABLED jority of retirees who have been forced to fund recognizing annual contributions to science MILITARY RETIREES their own retirement for years. I have already and technology that provide a vision of a bet- started to hear from disabled retirees who are ter future. HON. MICHAEL BILIRAKIS angry that we did not do more on this issue NREL, along with Spectrolab Inc., was se- OF FLORIDA in the defense bill. lected by the magazine for its work in increas- IN THE HOUSE OF REPRESENTATIVES At a time when our nation is calling upon ing the efficiency of photovoltaic solar cells. Thursday, November 14, 2002 our Armed Forces to defend democracy and NREL’s research into multi-junction solar cells freedom, I am afraid we are sending the for more than a decade has led the way to Mr. BILIRAKIS. Mr. Speaker, for more than wrong message to our men and women in uni- ever more efficient cells, offering the potential 17 years, I have introduced legislation to reform. I want to remind my colleagues of a of cheaper electricity from the sun. peal a 100 year old law that unfairly penalizes quote by our first Commander-in-Chief George The magazine noted that all the recipients disabled military retirees. Some military retir- Washington: ‘‘The willingness with which our of the Scientific American 50 have ees—individuals who are eligible for military young people are likely to serve in any war, ‘‘demonstrated clear, progressive views of retirement benefits as a result of a fall service no matter how justified, shall be directly pro- what our technological future could be, as well career are also eligible for disability com- portional to how they perceive the veterans of as the leadership, knowledge and expertise pensation from the VA based on a medical earlier wars were treated and appreciated by essential to realizing those visions.’’ problem they incurred while in the service. their nation.’’ I continue to be proud of the tremendous Under present law, these service-disabled re- I will continue my efforts to eliminate the un- contributions that the National Renewable En- tirees must surrender a portion of their retired just offset that penalizes disabled military retir- ergy Laboratory had made—to Colorado, our pay if they want to receive the disability com- ees in the 108th Congress. I hope my col- country, and our world. Congratulations to all pensation to which they are entitled. This leagues will join me in the fight to restore mili- at NREL on this important award. issue is commonly referred to as ‘‘concurrent tary retired pay to the men and women who f receipt.’’ Congress enacted this unjust law in earn it by serving in our Nation’s Armed IN HONOR OF REPRESENTATIVE 1891. Forces. My legislation to completely eliminate the DAN MILLER f offset between military retired pay and VA disability compensation has received strong bi- OUR FLORIDA COLLEAGUES: HON. E. CLAY SHAW, JR. partisan support in both houses of Congress. CARRIE MEEK AND KAREN OF FLORIDA In fact, more than 90 percent of Members of THURMAN AND DAN MILLER IN THE HOUSE OF REPRESENTATIVES the House of Representatives and more than Thursday, November 14, 2002 80 percent of the Senate have cosponsored HON. MARK FOLEY Mr. SHAW. Mr. Speaker, I rise on behalf of legislation to repeal the current offset. OF FLORIDA my dear friend and colleague, DAN MILLER, The 106th Congress took the first steps to- IN THE HOUSE OF REPRESENTATIVES whom I have had the privilege of working with ward addressing this inequity by authorizing Thursday, November 14, 2002 from the great state of Florida. the military to pay a monthly allowance to mili- A member of the freshman class of 1992, tary retirees with severe service-connected Mr. FOLEY. Mr. Speaker, I want to join my DAN represents the Thirteenth Congressional disabilities rated by the Department of Vet- colleagues in recognizing the contributions District of Florida along the Gulf Coast areas erans Affairs at 70 percent or greater. These that three of our Florida colleagues—CARRIE of Sarasota and Bradenton. DAN never held provisions were expanded to include retirees MEEK and KAREN THURMAN and DAN MILLER— public office before his election to Congress, with ratings of 60 percent. have made. Each brought invaluable gifts to but once here, fought for legislation critical to For years, I have been told that I had to get this institution, and each are leaving with a the future of our state. A man of his word, DAN the money included in the budget resolution legacy that any one of us would be proud to took office with a pledge to term limit himself before action would be taken on my legisla- have. and has kept that promise, much to our per- tion. So earlier this year, I worked very hard I have known KAREN THURMAN since we sonal dismay. with Chairman NUSSLE and other members of both were elected state officials in the Florida Looking back on his career, DAN has served the Budget Committee, like Representative Legislature. And both then and since, she his district and his country honorably in his CHARLIE BASS, to secure funding for a partial worked hard and long for constituents in need. roles on the Appropriations, Government Re- repeal of the offset in its Fiscal Year 2003 She has been a particularly strong champion form and Census committees. DAN has stood budget resolution. While the money in the of veterans’ and senior citizen causes and of as a staunch fiscal conservative who is com- budget resolution fell short of the funding Florida’s agricultural community. Both of us mitted to reducing wasteful government needed to completely eliminate the current off- have served on the Agriculture Committee spending. These beliefs have manifested set, it would have provided for a substantial here and since then on the Ways and Means themselves most notably through his efforts to concurrent receipt benefit. Committee. And while KAREN and I have found curtail the government sugar program. DAN For that reason, I was particularly pleased ourselves divided many times by partisan po- also did great things in his role as an appropri- that the House Armed Services Committee in- litical issues, I have never known her once not ator. He was one of the original cheerleaders corporated the budget resolution proposal into to fight for what she believes deeply in. She’s of doubling the National Institutes of Health its authorization bill. As initially approved by a fighter and a wonderful person, and while budget, sensing its growing importance to the the House, H.R. 4546 included a provision to politics ultimately determines our fate here, U.S. and the world health communities. authorize military retirees who are 60 percent there is no question KAREN will continue a

VerDate 0ct<31>2002 03:13 Nov 17, 2002 Jkt 019060 PO 00000 Frm 00022 Fmt 0626 Sfmt 9920 E:\CR\FM\A14NO8.128 E15PT1 November 15, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E2069 strong role in making both Florida and this na- a Circuit Court Judge of Cook County, Illinois from the State of California to grant M.A., tion better. from 1976 until his election in 1992 to the Illi- M.Div., D.Min., and Ph.D. degrees, making it The same can be said of CARRIE MEEK. nois Appellate Court. His tenure on the Illinois the first Chinese seminary to be authorized by CARRIE has dedicated her professional and Appellate Court includes service as Chairman the State to grant a Ph.D. degree. personal life to the people of Florida, as a of the Executive Committee, First Appellate In addition to being an active and important public servant, college administrator and edu- District, Presiding Justice of the First District, member of her community, Dr. Wong is a suc- cator. CARRIE has been a true champion to 3d Division and 2d Division, and Chair for the cessful entrepreneur. She is the president of her constituents. She has been a person that Illinois Appellate Judges Annual Meeting. He Sophie C. Wong & Associates, a business de- would reach out to the neediest and be their was appointed by the Illinois Supreme Court velopment, management, real estate, mar- strongest advocate. I will always admire her as a member of the Executive Committee of keting and public relations firm, which matches commitment and loyalty to her convictions. the Illinois Judicial Conference since 1983 and people with business opportunities, She is Surely, CARRIE’s contributions to the lives of was appointed Chairman of the Illinois Judicial also the co-founder, director, chief financial of- all Floridians will continue to pay dividends for Conference from 1989 to 1990. Justice Cous- ficer and past chairman of Golden Security generations to come. ins is also a member of the Special Supreme Bank since 1982. Dr. Wong was named one With the retirement of DAN MILLER, I am not Court Committee on Capital Cases. of ‘‘ten Important Power Brokers and Emerg- only losing a colleague but a longtime good Aside from his distinguished legal career, ing Leaders in the San Gabriel Valley of neighbor of mine in Washington. Justice Cousins has lent his immense talents Southern California’’ in the December 1997 DAN’s dedication to public service and his to several civic organizations by serving as a issue of the Los Angeles Business Journal. In commitment to the idea of less government, of board member of the Citizens’ School Com- 1986 and again in 1996, Dr. Wong was elect- conservative government, has been unwaver- mittee, Parkway House as well as the Chicago ed to the White House Conference on Small ing and will be greatly missed. Even my own Area Planned Parenthood Association. He Businesses. sigh of relief at losing a staunch opponent of was also president of Chatham-Avalon Park It is with pleasure that I ask all Members to the sugar program—a program vitally needed Community Council, and is a founding mem- join with me in congratulating the Honorable by many of my constituents—is a testament to ber and former Board Member of PUSH. Jus- Sophie C. Wong for her accomplishments on DAN’s doggedness when he is pursuing what tice Cousin is a Deacon at Lincoln Memorial behalf of the students and staff of the Alham- he deeply believes is the right course. Congregational United Church of Christ, and bra School District as well as her leadership in The years of service by all three of these was an Assistant Moderator and former mem- numerous activities in the community. Florida members—KAREN THURMAN, CARRIE ber of the Executive Council of the United f MEEK and DAN MILLER—are years of contribu- Church of Christ. He is a member of Kappa CENTENNIAL ANNIVERSARY OF tions. And I want to join all my colleagues in Alpha Psi Fraternity and Sigma Pi Phi Frater- JAY, FLORIDA thanking them for that. nity. f Justice Cousins’ status as a pillar of civic and professional responsibility has not gone HON. JEFF MILLER OF FLORIDA TRIBUTE TO THE HONORABLE unrecognized, as he has been honored by IN THE HOUSE OF REPRESENTATIVES JUSTICE WILLIAM COUSINS, JR. well over one dozen organizations. It is only fitting that Justice Cousins be recognized and Thursday, November 14, 2002 HON. BOBBY L. RUSH honored by the United States Congress. Mr. JEFF MILLER of Florida. Mr. Speaker, OF ILLINOIS f I rise today to congratulate the residents of IN THE HOUSE OF REPRESENTATIVES Jay, Florida. IN HONOR OF DR. SOPHIE C. WONG Thursday, November 14, 2002 On the 30th of November, Jay will celebrate WHO WILL BE RETIRING AFTER its centennial anniversary. Named after its first Mr. RUSH. Mr. Speaker, I rise to pay spe- 12 YEARS OF SERVICE AS AN postmaster, Mr. J.T. Nowling, this small, cial tribute to the distinguished life and career ELECTED BOARD MEMBER OF Northwest Florida town near the Florida/Ala- of the Honorable William Cousins, Jr., Justice THE ALHAMBRA SCHOOL DIS- bama border was established one hundred of the Illinois Appellate Court. A scholar, pa- TRICT years ago primarily as a farming community. triot, and gentleman, Justice Cousins has Even today, many residents of this Santa never rested in the ivory tower that his distin- HON. ADAM B. SCHIFF Rosa County community follow in their ances- guished academic and professional achieve- OF CALIFORNIA tors’ agrarian footsteps. ments could afford him. Instead, he has cho- IN THE HOUSE OF REPRESENTATIVES In 1940, a small group of farmers embarked sen at every stage of his life, to use his tre- Thursday, November 14, 2002 on a venture to create a livestock market in mendous gifts to engage and serve his coun- the area. Sales brought revenues of up to $1 try, city, and community in the pursuit of social Mr. SCHIFF. Mr. Speaker, I rise today to million by 1950 and the industry continues to justice. He is truly a source of inspiration not honor Sophie C. Wong. thrive today. Jay boasts about their peanut only for the residents of the 1st Illinois Con- Dr. Sophie C. Wong was the first Asian buying and warehouse facility as well as Flor- gressional District, but for all Americans every- American to serve on the Alhambra School ida’s only two cotton gins, making this one of where. Board. Elected in 1990, Dr. Wong has held to Florida’s finest and most progressive agricul- Born on October 6, 1927 in Swifton, Mis- her commitment to preserve and advance the tural towns. sissippi, Justice Cousins moved to Chicago quality of education for all students. Among In the early 1970’s, the discovery of oil where he graduated from DuSable High her many achievements as a Board Member, changed the life of this small community. The School in 1945. After graduating from the Uni- Dr. Wong was the founder of the Alhambra Jay oil field has approximately 67 oil wells that versity of Illinois in 1945 with honors in Polit- School District Educational Foundation, co- have provided profits of more than $400 mil- ical Science, and Harvard Law School in founder of the Human Relations Advisory lion. The revenues generated from Jay’s en- 1951, Justice Cousins answered the patriotic Committee, and founder of the Asian Amer- trepreneurial spirit have funded a new city hall, call to duty and served in the United States ican Association of the Alhambra School Dis- fire department and recreation complex. Army from 1951 through 1948 as a combat In- trict. In spite of its brisk development, Jay re- fantry 2d and 1st Lieutenant during the Korean Immigrating to the United States in 1956, mains steadfast in its roots, distinctive in its conflict. He would continue on in his military Dr. Wong has been a resident and home- identity, and carries on all that America cher- service until 1975, when he retired from the owner in Monterey Park since 1961. Dr. Wong ishes about its small towns. Much like my United States Army Reserve Corps as a Lieu- is married to Mr. Norman J. Wong and is the nearby hometown of Chumuckla, these 700 tenant Colonel. mother of two daughters, Cheryl and Debbi. residents live in a place where life centers on While serving his country in the military, Dr. Wong also has one granddaughter, Blythe. church, work and family. It is a place where Justice Cousins began to build an impressive, Since 1996, Dr. Wong has been the Presi- the people are loving, friendly and neighbors multifaceted legal career as an attorney with dent and Chief Executive Officer of Chinese help neighbors in times of need. Chicago Title & Trust Company. He then went for Christ Calvin Chao Theological Seminary On behalf of the United States Congress, I on to serve as an Assistant State Attorney of in Alhambra, California. The seminary is a pro- would like to congratulate the people of Jay, Cook County, Illinois before going into private fessional graduate school for Christian lead- Florida on their centennial and wish them the practice. Justice Cousin was then elected Al- ers, pastors and missionaries. On August 7, best as they continue to move and prosper derman for Chicago’s 8th Ward. He served as 1985, the Seminary received authorization through the 21st century.

VerDate 0ct<31>2002 03:13 Nov 17, 2002 Jkt 019060 PO 00000 Frm 00023 Fmt 0626 Sfmt 9920 E:\CR\FM\A14NO8.132 E15PT1 E2070 CONGRESSIONAL RECORD — Extensions of Remarks November 15, 2002 TRIBUTE TO GREG LAURIE PAS- the spiritual well-being and betterment South- COMMITTEE REPORT TO H.R. 4689, TOR AND FOUNDER OF HARVEST ern California and the world. His outstanding THE ‘‘FAIRNESS IN SENTENCING CHRISTIAN FELLOWSHIP EVAN- involvement in the community makes me ACT’’ GELIST AND FOUNDER OF HAR- proud to call him a fellow community member, VEST CRUSADES American and friend. HON. ROBERT C. SCOTT OF VIRGINIA HON. KEN CALVERT f IN THE HOUSE OF REPRESENTATIVES OF CALIFORNIA HONORING REPRESENTATIVE Thursday, November 14, 2002 IN THE HOUSE OF REPRESENTATIVES STEVE HORN Mr. SCOTT. Mr. Speaker, as the Ranking Thursday, November 14, 2002 Member of the Crime Subcommittee of the Ju- Mr. CALVERT. Mr. Speaker, I rise today to diciary Committee, I wish to address an as- honor and pay tribute to an individual whose HON. DAVID DREIER pect of H. Rep. 107–769, the Committee Re- dedication to the community and to the spir- OF CALIFORNIA port accompanying H.R. 4689. In that report, itual well-being of Southern California, the na- IN THE HOUSE OF REPRESENTATIVES the Majority unjustifiably impugns the integrity tion and the world is exceptional. Southern of James M. Rosenbaum, a distinguished fed- Thursday, November 14, 2002 California has been fortunate to have dynamic eral judge and former prosecutor who testified and dedicated community leaders who will- Mr. DREIER. Mr. Speaker, I am grateful for before our subcommittee on May 14, 2002. ingly and unselfishly give time and talent to this opportunity to speak about a good friend Judge Rosenbaum serves as the Chief making their communities a better place to live and respected colleague, Congressman STEVE Judge of the United States District Court for and work. Greg Laurie is one of these individ- HORN, who is retiring from this body after 10 the District of Minnesota. Prior to his appoint- uals. The week of November 24th will mark 30 years of unwavering integrity in service. And ment to the bench by President Reagan, he years of dedicated service and Greg’s work though we wish our friend nothing but the ab- served as the United States Attorney for the will be celebrated by his family, friends, col- solute best as he leaves Washington, we will District of Minnesota. Judge Rosenbaum did leagues, church members, and all those miss Steve immensely, and are sad to see the not seek to testify before Congress. Rather, whose lives he has touched through his work. parting of this true Californian. he was invited to participate in the May 14 Greg Laurie is a native of Southern Cali- Congressman HORN has served with dili- hearing by Chairman SENSENBRENNER at my fornia, born in Long Beach on December 10, gence on the Transportation and Infrastructure request. 1952. His interest in the ministry began with a Committee on behalf of his constituents in At the hearing, Judge Rosenbaum ex- girl he followed into Bible study. At 19 he com- Southern California. His Congressional District pressed support for an amendment to the fed- mitted his life to Jesus Christ and grew a Bible benefitted greatly from his leadership, espe- eral sentencing guidelines that had been study of 30 people into a church of more than cially in the areas of environmental steward- transmitted to Congress by a unanimous vote 15,000 people. Greg is senior pastor of Har- ship and infrastructure investment. He consist- of the United States Sentencing Commission, vest Christian Fellowship in Riverside, Cali- ently championed projects critical to the Ports and expressed opposition to H.R. 4689, a bill fornia, the eighth largest church in America. of Los Angeles and Long Beach, preserving to block that guideline amendment. Judge As a pastor, Greg has sought to meet the local wetlands, and supported the need for Rosenbaum’s position in favor of the amend- challenges and opportunities of religion in the new technologies to advance ocean water de- ment is shared by, among others, the three 21st century. In his 30 years of faithful service salination. Republican members of the Sentencing Com- to the Harvest Christian Fellowship he has mission and the Judicial Conference of the Congressman HORN has been an unsung provided unwavering spiritual support and hero on federal government accountability for United States. Moreover, Judge Rosenbaum’s guidance. which I thank and commend him. Chairing the position is largely embodied in legislation In addition to his work in the church, Greg Government Reform Subcommittee on Gov- (section 202 of S. 1874) introduced last year sought out a way to present the gospel of ernment Efficiency, Financial Management, by Senators JEFF SESSIONS (R–AL) and ORRIN Jesus Christ to Southern Californians in a and Intergovernmental Relations, Congress- HATCH (R–UT). non-traditional, non-church environment. With The amendment in question would cap the man HORN dedicated his committee’s jurisdic- the help of a fellow colleague, Greg began the tion to making federal agencies more account- base offense level established by the sen- Harvest Crusades, a multi-night event of up- able to the taxpayer, ensuring that our govern- tencing guidelines for low-level drug defend- beat music, genuine worship, and a clear ment was open and accessible to the public, ants who are classified as ‘‘minimal’’ or presentation of biblical messages. The first and demanding that red-tape and other bu- ‘‘minor’’ participants in the offense, as those Harvest Crusades saw more than 90,000 peo- reaucratic excesses were eliminated. terms are defined in the guidelines manual. In ple attend. Since that time, crowds totaling support of that policy, Judge Rosenbaum testi- over 2.8 million people have attended Harvest Many of us can only look with awe at Con- fied using fact patterns taken from actual Crusades in California, Oregon, Washington, gressman HORN’s distinguished and vast pub- cases in the District of Minnesota. He never Arizona, New Mexico, Hawaii, Colorado, New lic service career. He served in the Eisen- testified about the actual sentences imposed; York, Pennsylvania, Florida and North Caro- hower Administration under Labor Secretary he simply demonstrated the differences be- lina. In May of 2000, Harvest Crusades ven- James P. Mitchell, and then got his legislative tween the presumptive sentencing range tured outside the U.S. for the first time to feet wet while working for California Senator under the existing sentencing guidelines, and present Harvest 2000 in Wollongong, Aus- Thomas Kuchel on historic legislation including the presumptive sentencing range calculated tralia. Tens of thousands more people have the Civil Rights Act of 1964 and the Voting under the proposed guideline amendment. His participated in the Harvest Crusades via the Rights Act of 1965. In addition, Congressman analysis was primarily based on pre-sentence Internet. HORN dedicated 18 years to the California reports, which describe in detail the roles of Besides conducting evangelistic crusades, State University, Long Beach, where he was low-level defendants in actual rather than hy- Harvest Ministries sponsors A New Beginning, recognized as one of the most effective col- pothetical cases. an international daily radio program with mes- lege presidents in the country. The Committee’s 22 page critique of Judge sages by Greg Laurie, as well as a weekly tel- There is no doubt that Congressman HORN Rosenbaum’s testimony is highly repetitious, evision program, Harvest: Greg Laurie. Greg has accomplished a great deal. However, I be- but contains four major charges: also serves as a board member of the Billy lieve his greatest accomplishment lies in not First, the Committee complains that Judge Graham Evangelistic Association and Samari- just what he has been able to do, but in the Rosenbaum did not cooperate in the Com- tan’s Purse. At the Billy Graham Atlanta Cru- person that he is. He is a man of character mittee staffs attempts to learn more about the sade in 1994, Dr. Graham stated ‘‘The media who never allowed partisan politics to triumph examples cited by Judge Rosenbaum. have been writing Greg Laurie up as the man over personal integrity, who sought real an- This criticism is groundless. Judge Rosen- who is going to be the evangelist of the future- swers to real problems for the benefit of baum responded promptly to the Committee’s and he is.’’ strangers, and whose watchful gaze held us requests and made the resources of his court- In recognition of Greg’s exemplary work as all to the same higher standard he set for him- house available to committee staff. This was a minister and evangelist, his 30th anniversary self. true despite the vexatious nature of the Com- as pastor will be a week long celebration of I will miss seeing him in the halls of the mittee’s inquiries. Chairman SMITH sent four programs, activities and ceremonies. Greg’s Capitol, but will look forward to seeing him letters to Judge Rosenbaum over the three tireless work has contributed unmeasurably to and his lovely wife, Nini, at home in California. month period following the hearing. The first

VerDate 0ct<31>2002 03:13 Nov 17, 2002 Jkt 019060 PO 00000 Frm 00024 Fmt 0626 Sfmt 9920 E:\CR\FM\A14NO8.135 E15PT1 November 15, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E2071 letter, worded in the manner of litigation inter- sentencing hearing and suggests that he may co-workers and the community he greatly im- rogatories, enumerated eleven separate cat- have acted ‘‘unlawfully.’’ pacted. Mr. Speaker, I ask you to join me in egories of information sought by the Com- There is no reasonable basis for this grave expressing my gratitude to Agent Corrigan for mittee. One follow-up letter, four pages in accusation. The Committee says Judge his selfless dedication to our community. length and densely footnoted in the form of an Rosenbaum may have ‘‘unlawfully’’ sealed the f adversarial brief, posed six separate questions transcript of a sentencing hearing ‘‘to conceal about a single case. The practice of pro- from the public and from the Subcommittee’’ TRIBUTE TO CONG. TIM ROEMER pounding follow-up questions to congressional his actions. By definition, the facts involved in witnesses is common, but the intensity with a sealed proceeding may not be revealed pub- HON. RUBE´N HINOJOSA which this subcommittee pursued Judge licly, and the Committee’s speculation is irre- OF TEXAS Rosenbaum is unprecedented. sponsible. But if either the sentence itself or IN THE HOUSE OF REPRESENTATIVES Second, the Committee claims that Judge the decision to seal the proceeding were ille- Thursday, November 14, 2002 Rosenbaum ‘‘misstated‘‘ facts by not explain- gal, the United States could appeal. It has not ing that several defendants he described were done so. Mr. HINOJOSA. Mr. Speaker, as the 107th awarded downward departures from the guide- CONCLUSION Congress comes to a close, I wanted to take line range. By voting in favor of H.R. 4689, a majority this opportunity to recognize my friend and This criticism misunderstands the point of of the House Judiciary Committee expressed colleague on the Education and Workforce Judge Rosenbaum’s testimony. In supporting its disagreement with the views of Judge Committee, Congressman TIM ROEMER. TIM the Sentencing Commission’s proposed Rosenbaum, all seven members of the Sen- has decided to leave Congress to pursue amendment, Judge Rosenbaum faulted the tencing Commission, and Senators SESSIONS other avenues of service, but I want to thank current sentencing guidelines that result in un- and HATCH. That is the Committee’s preroga- him for his dedication to the education of just sentencing ranges. The fact that judges tive. It is also the Committee’s prerogative to America’s children. possess statutory authority to ‘‘depart’’ from rebut the arguments of any witness. However, TIM was born and raised in Indiana and the guidelines in unusual cases is an insuffi- the Committee exceeded the bounds of de- since 1990 he has ably represented the Third cient objection to the proposed guideline District. His constituents have recognized his amendment, because the guidelines them- cency and fairness when it published a 22 page diatribe against a distinguished, re- outstanding service and in 1998 he was re- selves should result in a just sentencing range elected with the highest winning percentage for a class of defendants. The fact that at least spected federal judge and former United States Attorney. for any Third District candidate in a quarter a half dozen drug defendants in a single fed- century. f eral district in a short period of time qualified While in Congress, TIM has been a strong for downward departures demonstrates a flaw RECOGNIZING AGENT DAVID F. supporter of students, teachers and school of- in the guidelines. Moreover, a departure is CORRIGAN ficials. He exercised great leadership during subject to appeal while a sentence within the the development of the landmark legislation, guidelines is not. HON. HILDA L. SOLIS ‘‘No Child Left Behind Act,’’ our most recent In any event, Judge Rosenbaum did not reauthorization of the Elementary and Sec- ‘‘misstate’’ facts as the report alleges. He OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES ondary Education Act. His contribution will be made amply clear that he was presenting the felt by thousands of children throughout our sentence each defendant was ‘‘subject to’’ Thursday, November 14, 2002 country. under the existing guidelines—guidelines Ms. SOLIS. Mr. Speaker, I rise to recognize As a Co-Chair of the New Democrat Coali- which he, the seven members of the Sen- the numerous contributions of Agent David F. tion, of which I am a member, he has advo- tencing Commission, Senator SESSIONS and Corrigan, one of Monterey Park’s finest police cated for a fiscally responsible government Senator HATCH all believe should be amend- officers. Agent Corrigan is retiring from active that still compassionately meets the needs of ed. duty after 28 years of outstanding and selfless Third, the Committee alleges that Judge individuals and institutions that require federal service. Rosenbaum testified ‘‘falsely’’ when he stated assistance. Agent Corrigan graduated from the Los An- that low-level drug defendants are sentenced I regret that TIM will not be with us as we geles County Sheriff’s Department Academy ‘‘the same way’’ as more culpable defendants. work next year to reauthorize the Higher Edu- This is an absurd criticism. Judge Rosen- and joined the Monterey Park Police Depart- cation Act and Head Start. His thoughtful in- baum’s basic point was that the current sen- ment on September 9, 1974, as part of the sights and his commitment to educational op- tencing guidelines are flawed in that they uti- Patrol Bureau. During his career, Agent portunities for every child will be sorely lize drug quantity to determine the base of- Corrigan was assigned to the Patrol and De- missed. I am confident that he will continue to fense level for all drug trafficking defendants, tective Bureaus and periodically to the Admin- serve the interests of our country in whatever even those who, although legally responsible istration Bureau as a Background Investigator. future endeavors he may pursue. My col- for an amount of drugs, played no role in set- Agent Corrigan has received countless com- leagues and I are losing a very articulate ting the quantity or sharing in the profits. In his mendations from the Monterey Park Police champion for the issues promoted by our prepared statement, Judge Rosenbaum de- Department. He was highly recognized for his Democratic Party, but we all wish the very scribed this problem clearly: ‘‘it is the quantity role during the evacuation of a hospital emer- best for him and his family. of drugs in the whole scheme that drives the gency room that was held hostage in June of Indiana has been proud of her Native Son sentence. The judge only looks at the defend- 1995 and for apprehending the gunman. Fur- and we hope that the Great State of Indiana ant, after all the scheme’s drugs have been thermore, he frequently received letters of ap- will send us another Democrat as gifted and accounted for.’’ He did not contend that minor preciation from residents and other law en- committed as TIM ROEMER. and major participants receive identical sen- forcement agencies for his work as an investi- f tences; rather he stated that all drug defend- gator and a patrol officer. TRIBUTE TO JUDGE SID STEWART ants are sentenced ‘‘the same way,’’ i.e., In November 1998, Agent Corrigan was rec- using the same quantity-driven mechanism. ognized as the Police Department Employee The Committee chooses to interpret the of the Month and in 1999, he was awarded HON. HAROLD ROGERS judge’s words ‘‘the same way’’ to mean the the department’s third highest honor, the Dis- OF KENTUCKY same sentence. A full reading of his written tinguished Service Medal, for outstanding per- IN THE HOUSE OF REPRESENTATIVES formance throughout his career as an officer, and oral testimony makes clear that is not Thursday, November 14, 2002 what Judge Rosenbaum meant. But the Com- detective, field training officer and field super- mittee then uses this misunderstanding to ac- visor. Agent Corrigan is an integral member of Mr. ROGERS of Kentucky. Mr. Speaker, I cuse Judge Rosenbaum of providing the community and his church. He is a role rise today to pay tribute to a dedicated public ‘‘unquestionably false,’’ ‘‘inaccurate’’ and model for the youth of Monterey Park and servant, family man, friend, and all around ‘‘utterly false’’ testimony to Congress. On this continues to participate in the Police Depart- great Kentuckian, Judge Sid Stewart. After 17 innocuous record it is inconceivable that any ment’s D.A.R.E. Camp and In-School Scouting years of tirelessly serving as County Judge/ witness, least of all a federal judge, could be programs. Executive of Morgan County, Kentucky, he is accused of testifying falsely. Throughout his career, Agent Corrigan was retiring from public office. I want to express Fourth, the Committee accuses Judge known for his honesty, compassion and pro- my deepest gratitude for his many contribu- Rosenbaum of improper motives in closing a fessionalism. He will be greatly missed by his tions.

VerDate 0ct<31>2002 03:13 Nov 17, 2002 Jkt 019060 PO 00000 Frm 00025 Fmt 0626 Sfmt 9920 E:\CR\FM\A14NO8.139 E15PT1 E2072 CONGRESSIONAL RECORD — Extensions of Remarks November 15, 2002 A native of Eastern Kentucky, Judge Stew- ine the circumstances that have driven some garding the plight of the internally displaced art grew up on a hillside farm in Knott County. elements of the Chechen resistance to such persons escaping Chechnya to the neigh- As a youth, he labored alongside his father in suicidal extremes. boring province of Ingushetia. We urged the the log woods and lumber industry. Never one Perhaps it is because the Russian military, president to resist the forcible return of inter- to shy away from hard work, he used his in its drive to suppress Chechen separatism, nally displaced persons seeking refuge in knowledge of the lumber industry to pay his has employed means which virtually guaran- Ingushetia, elsewhere in the Russian Federa- way through college. After graduating from teed to drive a despairing civilian population tion, or to any location where the security situ- Morehead State University, he went on to lead into the arms of a radicalized resistance. In ation is unstable and proper housing unavail- a successful professional career that has in- the three and a half years since the war re- able. However, I have recently learned of 300 cluded working as a Juvenile Probation Offi- ignited when Chechen militants invaded neigh- Chechen families who are currently facing ex- cer, Assistant Director of the Northeast Ken- boring Dagestan, the Russian military has em- pulsion from Ingushetia and are seeking ref- tucky Area Development Council, Executive barked on a campaign of carnage, destruction, ugee status in Kazakhstan. I hope the Russian Director of Gateway Community Services, and and looting against the civilian population. Government will not expel these individuals, President of a construction company. He also There are credible and ongoing reports of but instead will take all possible actions to al- served as a member of a number of civic and atrocities committed by members of the Rus- leviate the situation for the many innocent vic- professional boards and was a member of the sian military—indiscriminate shelling and tims of the brutal violence. Morgan County School Board for four years. bombing, murder, assault, rape, torture, ar- Mr. Speaker, I strongly urge President Bush Sworn into office on January 6, 1986, Sid rests ‘‘disappearances,’’ kidnaping and holding to include these important issues in his talks Stewart has worked tirelessly to improve the civilians for ransom. It is imperative that mili- with President Putin when they meet in St. Pe- lives of the people in Morgan County. As a tary personnel who commit such egregious tersburg. lifelong resident of Eastern Kentucky, he has human rights violations face criminal charges f a personal interest in the well being and pros- but the Russian military and judicial system perity of the region and understands the chal- has yet to demonstrate its commitment to HONORING JOHN JORDAN ‘‘BUCK’’ lenges and needs facing the residents of the bring such criminal actions to account. O’NEIL ON HIS 91ST BIRTHDAY area. During his time in office, Judge Stewart Nor should we have any illusions about has focused his efforts on lifting up the people some elements among the Chechen fighters, HON. KAREN McCARTHY of his community. He has worked with local, who have murdered hostages, kidnapped civil- OF MISSOURI state and federal officials on a variety of initia- ians for ransom and used them as shields dur- IN THE HOUSE OF REPRESENTATIVES tives aiming to boost the local economy, cre- ing combat operations, and embarked on a Thursday, November 14, 2002 ate new jobs and enhance public services. campaign of assassination against fellow Without the determination and vision of Judge Chechens who work for the Russian civil gov- Ms. MCCARTHY of Missouri. Mr. Speaker, I Stewart, these initiatives would not be pos- ernment in Chechnya. And, as Deputy Assist- rise today to honor Mr. John Jordan ‘‘Buck’’ sible. ant Secretary of State Steve Pifer testified be- O’Neil, a man some call ‘‘Mr. Kansas City.’’ Mr. Speaker, on behalf of my colleagues fore the Helsinki Commission, ‘‘We have seen ‘‘Buck’’ is a man who has come to embody the and myself, I want to thank my friend Judge evidence of individuals or certain factions in ideals we share as a nation. As he celebrates Stewart for the time and effort he has put into Chechnya who are linked to international ter- his 91st birthday on November 13, 2002, I am the lives of others. Although his time in public rorist elements including Al Qaeda.’’ Without a proud and honored to celebrate his lifetime of office is drawing to a close, I know the people doubt, war criminals and terrorists should be achievement as our hometown hero. of Morgan County will continue to benefit from brought to justice, wherever they are and John Jordan ‘‘Buck’’ O’Neil was born No- his contributions for many years to come. whomever they serve. vember 13, 1911 in Carrabelle, Florida. He de- f In the wake of the attack on the theater in veloped a love of baseball at an early age and his father nicknamed him ‘‘Buck’’ after the co- THE WAR IN CHECHNYA AND Moscow, President Putin has hardened an al- owner of the Miami Giants, Buck O’Neal. MOSCOW ready uncompromising position against the Chechen fighters. But, it should be clear that Though a segregated America denied Buck HON. CHRISTOPHER H. SMITH the Russian scorched-earth policy against the opportunity to grace the diamonds of the Chechnya and the Chechen people is not Major Leagues as a player, he was able to OF NEW JERSEY bringing peace to the region. Rather, such showcase his unmatched talent with the Kan- IN THE HOUSE OF REPRESENTATIVES policies are sowing the dragon’s teeth of ha- sas City Monarchs of the Negro Leagues. He Thursday, November 14, 2002 tred and conflict for generations to come. joined the Monarchs in 1938, and played for Mr. SMITH of New Jersey. Mr. Speaker, The distinguished Newsweek commentator them until 1943, at which time he went to next week following the NATO conference in Fareed Zakaria recently wrote: Terrorism is serve his country in World War II. Recognizing Prague, President Bush is scheduled to meet bad, but those fighting terror can be very his patriotic responsibility to our country, he with President Putin in St. Petersburg, Russia. nasty, too. And the manner in which they fight entered the United States Navy and was sta- It is expected that the two leaders will discuss can make things much, much worse. It is a tioned in the Philippines from 1943 until his such vital issues as the war against terrorism, lesson we had better learn fast because from discharge in 1946. Buck was named player/ the policies in Iraq, safeguards against weap- Egypt to Pakistan to Indonesia, governments manager for the Monarchs in 1948 and contin- ons of mass destruction, and expanded en- around the world are heightening their repres- ued his association with the team through the ergy cooperation between the United States sion and then selling it to Washington as part end of the 1955 season. and Russia. I would urge Mr. Bush to include of the war on terror. Russian officials called As a player, Buck had a career batting aver- on the agenda the continuing conflict in the Chechen fighters ‘‘rebels’’ or ‘‘bandits’’ age of .288, including four .300-plus seasons Chechnya. until recently. Now they are all ‘‘international at the plate, and led the Kansas City Mon- At this time, the Russian Government and Islamic terrorists.’’ archs to victory in the 1942 Negro World Se- its people are still recovering from the horrific Secretary of State Colin Powell continues to ries. After 12 years as a player, Buck changed events of last month, when a group of armed call for the observation of human rights and a hats and managed the Monarchs to four more Chechen terrorists seized approximately 700 political settlement in Chechnya, while consist- league titles in six years. Following his career hostages in a Moscow theater and threatened ently and properly supporting Russia’s terri- with the Kansas City Monarchs, Buck joined them with execution if the Putin Administration torial integrity. But as the Danish Foreign Min- the major leagues as a scout for the Chicago did not withdraw its forces from Chechnya. ister, Anders Fogh Rasmussen, recently Cubs. In 1962 the Chicago Cubs made him After three days of terror, Russian special summed up the issue, ‘‘We, of course, support the first African American to coach in the Ma- forces captured the theater, apparently killing Russia in the fight against terrorism ... but it is jors. Buck is credited with signing Hall of all the terrorists. In the preliminary gas attack not a long-term solution to the Chechnya prob- Fame baseball greats Ernie Banks and Lou to neutralize the terrorists, over one hundred lem to launch a military action and bomb the Brock to their first professional contracts, and hostages lost their lives. This terrorist attack country to pieces.’’ is acknowledged to have sent more Negro was appropriately condemned by the Bush In addition, the war in Chechnya has af- League athletes to the all white major leagues Administration, and we all sympathize with the fected thousands of refugees, who have fled than any other man in baseball history. innocent victims of this attack. the constant carnage. In September of this Today he serves as the Board Chairman for But, Mr. Speaker, this does not mean that year, I and 10 other colleagues from both the the Negro Leagues Baseball Museum in Kan- we should not step back and seriously exam- House and Senate wrote President Putin re- sas City and spends his time promoting the

VerDate 0ct<31>2002 03:13 Nov 17, 2002 Jkt 019060 PO 00000 Frm 00026 Fmt 0626 Sfmt 9920 E:\CR\FM\A14NO8.142 E15PT1 November 15, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E2073 achievements of African American baseball recognizes our hometown hero for his accom- and chemical weapons being transferred from players who played for the love of the game, plishments on and off the baseball field and Saddam Hussein to group like al Qaeda is a despite the color barriers at that time that kept approve his induction into the Baseball Hall of real threat to America and our allies. them out of the Majors. He is also actively in- Fame. I also want to praise President Bush’s initia- volved in utilizing the Museum to assist in the In addition to his work in Cooperstown and tives in strengthening our important relation- education of youth in the community through at the museum in Kansas City, Buck has ship with India. Over the past 10 years, bilat- programs such as ‘‘Reading Around the found new and exciting ways to enjoy life and eral trade between the U.S. and India more Bases’’ where elementary school students spread his infectious charm and warm spirit. than tripled from 6 billion to 19 billion per year. learn from community readers about the pio- He is a local hero whose recognition for serv- We have continued to engage in joint military neers of the Negro Leagues. I was honored to ice is recognized at home and nationally. Buck exercises, and we share common goals and be asked to read from ‘‘second base’’ to a and the Negro Leagues are to be honored concerns. group of students as part of celebrating Buck’s with an award from the ‘‘100 Black Men’’ in One major goal is to dramatically increase 88th birthday party. Buck participates in the New York on November 14, 2002. He was bilateral trade. We have made significant ad- Negro Leagues Museum’s ‘‘Night of the Har- given the Trumpet Award in 1999 by the Turn- vances in this area, but more remains to be vest Moon’’ program on Halloween night. It er Broadcasting System saluting him for done. We share the common threat of inter- provides area children a safe alternative from achievements to African Americans. The Ro- national terrorism from al Qaeda, and we must the traditional to door-to-door trick or treating. tary Foundation of Rotary International con- continue to share intelligence and coordinate More than 16,000 children have participated in ferred on Buck its ‘‘Paul Harris Fellow’’ in ap- counterterrorism strategies through our joint the event over the past five years. preciation of his ‘‘... furthering better under- task force on terrorism. Our ‘‘Hometown Hero’’ is very active in var- standing and friendly relations among peoples U.S.-India security cooperation is helping to ious charitable causes within the community. of the world.’’ Kansas State University be- foster greater stability in Asia and to make for a safer world. U.S.-India joint military exer- He lends his name and energy to sponsor the stowed upon him the ‘‘Lifetime Leadership cises were held in Alaska from September 29 Buck O’Neil Golf Classic, a fundraiser for the Award’’ in ‘‘recognition for leadership, commu- to October 11, involving troops from the U.S. Negro Leagues Baseball Museum and the nity involvement, commitment to diversity, and Army 1st Battalion 501st Para Infantry Regi- Leukemia & Lymphoma Society. In the past life long record of contribution to the public.’’ ment and from India’s 50 (I) Para Brigade. four years, the event has raised nearly Buck has received numerous awards in rec- These exercises followed a joint airborne mili- $400,000 for the organizations. For the past ognition of his work in the community and as- tary exercise between the two countries held seven years, the Kansas City Securities Asso- sistance to various organizations. Some of at Agra, India, in May of this year. As reported ciation, Inc. Educational Endowment Fund has these awards are: the United States Army in the Washington Times on October 9, India’s given four-year scholarships to graduating Award for Outstanding Support of Army re- high school students in honor of Negro Ambassador to the United States, Mr. Lalit cruiting in Kansas City, the Kansas City Mansingh, traveled to Alaska to observe the Leagues players, one each year in honor of Chamber of Commerce Centurion Leadership Buck O’Neil. And Buck still keeps on giving. exercises. The Ambassador was welcomed by Award, the State Historical Society of Missouri Brigadier General John M. Brown 111, Com- This entire birthday week is dedicated to giv- Distinguished Service Award, and the 2001 ing. Buck wants to fill the Negro Leagues mander of the U.S. Army Alaska at Fort Rich- Jewish Community Center Ewing Kauffman ardson, who expressed his appreciation for Baseball Museum for his birthday, so the mu- Outstanding Achievement Award. As an award seum is trying to get 9,100 people to the mu- the professionalism, discipline and adaptability winning baseball player, esteemed baseball of the Indian armed forces. seum in honor of Buck’s 91st year. Yesterday, manager and scout, decorated veteran, and Buck’s actual birthday, tickets to the museum Also last month, a major joint U.S.-India humanitarian Buck exemplifies excellence in naval exercise, named ‘‘Malabar IV,’’ was suc- were only a dollar all day, and the 91st person public service and his career serves as a bea- to walk through the door won an assortment of cessfully completed in the Indian Ocean. The con for generations to come. He symbolizes U.S. and Indian Navies have agreed to jointly prizes. On Friday, November 15, Buck will get the spirit of American patriotism and is a role patrol the Strait of Malacca to ensure the unin- together with friends for ‘‘Givin’ Buck the model for us all. With all that Buck has done terrupted flow of vital oil supplies. The U.S.- Blues’’, a star-studded celebrity roast in his and all that he continues to do for Kansas City India Defense Planning Group has been es- honor and donate all of the nights proceeds to and the nation, one might wonder what Kan- tablished to help coordinate ongoing joint ac- the Negro Leagues Baseball Museum, And sas City will give Buck for his birthday. Buck tivities, while the Executive Steering Groups of there is no indication that Buck will ever slow simply says, ‘‘If I could just see that museum all the three defense services are scheduled down. He started his birthday on the radio, left overflowing, it would make my heart sing. to meet again later this year to plan future to read to children, spoke at a news con- That’s all I want for my birthday.’’ Mr. Speaker, joint exercises, training and other areas of co- ference, and headlined a Project S.O.S. dinner I am sure that the many lives Buck has operation for the next year. to help kids get school supplies and clothes. touched will return the favor on this birthday Earlier this fall, India once again dem- The amazing thing about all of this is that he and many more to come. onstrated that it is indeed a democracy, where still finds time to give hugs, give autographs, Mr. Speaker, please join me in saluting power is transferred by means of free and fair speak to church groups, and throw baseballs John Jordan ‘‘Buck’’ O’Neil. It is an honor and elections, with the conclusion on October 7th to the small children who frequently walk up to a privilege to join in the 91st birthday celebra- of a four-stage election for the Assembly in In- him. Buck has risen to national prominence tion of an American hero, a national treasure, dia’s State of Jammu and Kashmir. Despite with his moving narration of the Negro a symbol of African American pride, and one the ongoing threat of violence by terrorist ele- Leagues as part of Ken Burns’ PBS baseball of Kansas City’s favorite sons. Buck’s favorite ments—most of which come from outside of documentary. He has been the source of song is ‘‘The Greatest Thing In All My Life, is India’s borders—to intimidate voters and can- countless national interviews including appear- Loving You.’’ Buck, I love you, salute you and didates alike, the elections went—forward suc- ances on ‘‘Late Night with David Letterman,’’ your heroic accomplishments, and am de- cessfully, as judged by the United States and and ‘‘Late, Late Show with Tom Snyder,’’ and lighted and privileged to know such a patriot other independent observers. Turnout was ap- being interviewed numerous times on the Jim and to call you my friend. Thank you, Buck. proximately 45 percent, and the result was a Rome Show, a nationally syndicated sports f defeat for the ruling party—itself an indication radio program. Mr. Rome has talked to Buck that the elections were truly democratic. so often because Buck had such rich experi- COMMENDING PRESIDENT BUSH’S As the Washington Times reported on Octo- ences to share about various baseball players, LEADERSHIP ber 14 (‘‘Embassy Row’’ column by James and baseball in general. He states that Buck Morris), ‘‘The United States is praising the was one of the most interesting interviews he HON. JOE WILSON bravery of voters in Kashmir who defied had ever had on his show. OF SOUTH CAROLINA threats from Islamic militants to vote in large On his 90th birthday, the City of Kansas IN THE HOUSE OF REPRESENTATIVES numbers this month.’’ The article quotes the City, Missouri named a street in his honor one U.S. Ambassador to India, Robert Blackwill, Thursday, November 14, 2002 block north of 18th and Vine, the area that who said, ‘‘It was a successful election. The houses the Negro Leagues Museum as well Mr. WILSON of South Carolina. Mr. Speak- election commission did a very fine job. It was as the American Jazz Museum. The street’s er, I rise today to commend President Bush’s a credible election carried out by democratic new name is John ‘‘Buck’’ O’Neil Way. I look courageous leadership in securing bipartisan means.’’ forward to the day in the near future when the Congressional and unanimous U.N. support to Other top U.S. officials have echoed these Baseball Hall of Fame Veterans Committee disarm Iraq. The threat of nuclear, biological, sentiments. The Assistant Secretary of State

VerDate 0ct<31>2002 03:13 Nov 17, 2002 Jkt 019060 PO 00000 Frm 00027 Fmt 0626 Sfmt 9920 E:\CR\FM\A14NO8.144 E15PT1 E2074 CONGRESSIONAL RECORD — Extensions of Remarks November 15, 2002 for South Asia, Christina Rocca, in a speech HONORING THOMAS J. SCHILTGEN levels of education and making our society last month at the American Enterprise Insti- more just, or in his role as the loving husband tute, said that ’Indian Prime Minister Atal HON. GRACE F. NAPOLITANO of Ruth and father of three terrific children, Bihari Vajpayee’s ‘‘personal commitment to OF CALIFORNIA Jeffrey, Diane, and Laura, Al Burstein is a making them [the elections] transparent and IN THE HOUSE OF REPRESENTATIVES man of great principle. He represents the best of New Jersey and deserves our highest level open’’ was a critical factor in moving the Thursday, November 14, 2002 democratic process forward.’’ of praise. Mr. NAPOLITANO. Mr. Speaker, I am ex- I have had the wonderful opportunity to get Ambassador Blackwill did not mince words tremely proud to rise today to honor Mr. to know Al Burstein very well. I first met him when it came to describing the guerrillas that Thomas J. Schiltgen, District Director of the after graduating from law school and serving used violence in an effort to disrupt the elec- U.S. Immigration & Naturalization Service Of- as the campaign coordinator in his race for the tions, calling them ‘‘terrorists.’’ ‘‘Terrorists can fice in Los Angeles, who will be retiring in De- New Jersey General Assembly. In between call themselves many different things at dif- cember 2002 after 27 years of service to stuffing envelopes, running phone banks, and ferent, places,’’ our Ambassador said. America’s immigrant community. helping with general campaign tasks, I got to ‘‘Sometimes they are called freedom fighters. Mr. Schiltgen is a very special individual, see a man of the highest integrity in action Any person who kills civilians is a terrorist.’’ and my district is indebted to his unwavering working to make New Jersey a better place. In Mr. Speaker, America knows how it feels to passion and dedication for the immigrant com- 1978, Al Burstein ran for the Ninth Congres- be a democracy targeted by terrorists. India munity endeavoring to become U.S. citizens. sional District of New Jersey, the seat which The 605 Citizenship Project, a video series has for many years endured the same experi- I now hold. Although he was not elected, Al designed to help educate immigrants to be- Burstein always took the high road in the cam- ence. In fact, the terrorist elements targeting come U.S. citizens, would not have been so paign and never lost focus of his goal of im- India in Kashmir have links to the same Al successful if it were not for his willingness to proving the lives of New Jersey residents. Qaeda terrorist network that attacked America personally work in our communities and go I have great and abiding affection and re- on 9/11 and was apparently responsible for beyond the call of duty to provide comfort and spect for Al Burstein and I wish him the very the bombing in Indonesia last month. I have patience to families often intimidated by the in- best as he celebrates his 80th birthday later spoken out on several occasions this year tricacies of the naturalization process. His will- this month. I know that I join with his family about the terrorist attacks against Kashmiri ci- ingness to educate and reach out to under- and his many friends and coworkers in wish- vilians, and I have urged the leaders of Paki- served communities puts him in a league of ing him a year filled with happiness, good stan to stop allowing their country to be used his own. He has responded to last minute health, joyful moments, and time for reflection as a base for terrorist training camps and ex- calls of assistance to matters vital to my com- on all of his life’s great accomplishments. tremist religious clerics who foment hate munity’s well being, and each time he has co- f against both India and America. operated and provided much needed help. INTRODUCTION OF LEGISLATION Unfortunately, the opposite may be hap- In addition to his community involvement, pening. On November 12, the Orlando Sen- Mr. Schiltgen has exercised outstanding man- tinel, and other publications, reported that, agement skills in the Los Angeles district HON. DAVID WU ‘‘U.S. intelligence says most of al-Qaeda’s sur- I.N.S. office. He has achieved a dramatic re- OF OREGON viving leaders have relocated to Pakistan.’’ duction in the huge backlog of pending appli- IN THE HOUSE OF REPRESENTATIVES cations for naturalization. Today, citizenship The newspaper noted that U.S. forces cannot Thursday, November 14, 2002 cases in Los Angeles are processed in six to operate in Pakistan as they have in Afghani- eight months, compared to an average of 24 Mr. WU. Mr. Speaker, today I am intro- stan, due to concerns that an American mili- months prior to his arrival. His energy and vi- ducing legislation that would allow states with tary presence would anger Pakistan. There- sion have made him one of the agency’s most waivers under the Temporary Assistance for fore, we must press President Musharraf to respected and valued leaders. Needy Families (TANF) program, that are set take control of this situation. Mr. Speaker, I invite my colleagues to join to expire in the next calendar year, to volun- Assistant Secretary Rocca stated in her me in saluting Mr. Thomas J. Schiltgen for his tarily extend the length of those waivers for an speech that the U.S. and India are allies in the understanding leadership and devotion to his additional year. struggle against terrorism, saying, ‘‘Counter- work. His devoted commitment to others has As my colleagues know, the TANF program terrorism cooperation is maturing rapidly, in- earned him praise from the immigrant commu- has been very successful in helping millions of cluding intelligence sharing, training, finance nity, I.N.S. employees, community leaders and Americans get through difficult times. It is im- and antimoney laundering cooperation, im- advocates who have benefited from his com- portant that Congress build on the success of proving border security, fighting cyber-ter- mitment to public service. On the occasion of TANF and reauthorize this program with important changes. rorism and increasing mutual legal assist- his retirement, we heartedly congratulate him However, as my colleagues know, we have ance.’’ In fact, a Treaty on Mutual Legal As- on his extremely successful career, wish him much success on his future endeavors and reached the close of the 107th Congress, and sistance in Criminal Matters between the U.S. we have yet to complete action on a TANF re- and India is awaiting approval by the full Sen- thank him greatly for his outstanding efforts to make a difference in the lives and futures of authorization bill. TANF expired on September ate, having been approved by the Foreign Re- 30 of this year and has thus far been funded lations Committee in the Other Body. many America’s new citizens. f under continuing resolutions. In closing, Mr. Speaker, I would like to I seek not to criticize one party or another quote from President Bush in his remarks wel- CELEBRATING ALBERT or one chamber of Congress or the other for coming Prime Minister Vajpayee to Wash- BURSTEIN’S 80TH BIRTHDAY this delay. The issues at heart in this debate ington on November 9, 2001. ‘‘My Administra- are important and decisions should not be tion is committed to developing a fundamen- HON. STEVEN R. ROTHMAN made in haste. However, inaction on TANF re- tally different relationship with India, one OF NEW JERSEY authorization this year has created the poten- based upon trust, one based upon mutual val- IN THE HOUSE OF REPRESENTATIVES tial that several states will be unfairly penalized and my constituents, and those of many ues. After all, the Prime Minister leads a na- Thursday, November 14, 2002 tion that is the largest democratic nation in the other Members, will pay a steep price. world.’’ I appreciate the commitment of our Mr. ROTHMAN. Mr. Speaker, I rise today to Prior to 1996, welfare policy in the United President, and I look forward to working with pay tribute to an extraordinary man and a States was administered through the Aid to the Administration as the United States con- great friend of mine—Albert Burstein, who Families with Dependent Children (AFDC) pro- turns 80 years-old on November 22. gram. Under this program the Secretary of tinues to improve and expand our relationship Whether it is through his work as partner of Health and Human Services had the authority with India to the benefit of the people of both his own law firm, his efforts throughout his 10 to grant waivers to states to allow them to cre- of our great nations. years as a member of the New Jersey Gen- ate innovative welfare programs that met the I look forward to working with the Repub- eral Assembly to improve our education sys- goals of welfare but not the specific require- lican leadership and President George W. tem and our quality of life as a whole, his ments of AFDC. Bush to shape a new relationship between the many roles in special posts and appointments In the early 1990’s, as it became clear that U.S. and India in the 108th Congress. throughout New Jersey aimed at raising our AFDC was failing to meet its goal of helping

VerDate 0ct<31>2002 03:13 Nov 17, 2002 Jkt 019060 PO 00000 Frm 00028 Fmt 0626 Sfmt 9920 E:\CR\FM\A14NO8.147 E15PT1 November 15, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E2075 to move impoverished Americans to self-suffi- utes. Reportedly, this was done in retribution SPECIAL JOINT SESSION OF ciency, the Clinton Administration greatly ex- for the repeated efforts of Mrs. Dawson to CONGRESS panded the number and scope of these waiv- stop these dealers from selling drugs in front ers and many states took advantage. Many of her home, in plain view of her young chil- HON. CHARLES B. RANGEL provisions of the innovative state waiver pro- dren. That night, Mrs. Dawson and five of her OF NEW YORK grams were later incorporated into the legisla- six children lost their lives. Mr. Dawson battled IN THE HOUSE OF REPRESENTATIVES tion that created the TANF program. hard but perished a week later from the bums Thursday, November 14, 2002 My state of Oregon took advantage of a covering 80 percent of his body. We can not, welfare waiver and over the past six years has and we will not walk away from the horrific Mr. RANGEL. Mr. Speaker, for the benefit of created a highly successful program that has acts of such cold-blooded killers. my colleagues I rise to introduce the remarks seen welfare caseload reduction above the Mr. Speaker, this Congress must take action that I delivered in connection with the Special national average. Oregon’s waiver and the to give the people of Baltimore and people Joint Session of Congress convened in New waivers of eight other states have expired, or around this country the tools they need to York City on September 6, 2002. Along with will expire, between September 2002 and combat the proliferation of drug related vio- my remarks, I would like to introduce the re- September 2003. Once they expire, the states lence in our communities. marks of Mrs. Susan Magazine, Assistant will have to spend scarce resources reconfig- As the Ranking Member on the House Commissioner of the Family Assistance Unit of uring their programs to meet the federal TANF Criminal Justice, Drug Policy and Human Re- the Fire Department of New York City, Senate standards. sources Subcommittee I am especially wound- Majority Leader TOM DASCHLE, and Speaker of This comes at a particularly inopportune ed that such a barbaric act could occur within the House DENNIS HASTERT. time. With the fall off in the American econ- a city in my own district. I will do everything I believe that the nature and occasion of the omy, states around the nation are experi- in my power to ensure that the effort to fight event necessitates that these remarks be en- encing some of the largest budget deficits in terrorism does not drain the fight against drug tered into the RECORD, so that along with the history. Furthermore, rising unemployment terror at home. Baltimore City Mayor Martin events at the Special Joint Session, they can rates have forced many out of work and back O’Malley and Police Chief Ed Norris have be recorded for posterity. on to the welfare rolls. Scare resources should used their limited resources to make a positive RANGEL. You people look beautiful. not be spent on programmatic changes to ef- effect on reducing drug-related crimes in the (Laughter.) city of Baltimore. With the help of citizens, the Thank you, Mr. Mayor and Governor. fective programs, particularly when it comes at On behalf of our New York delegation, and the expense of our most needy constituents. mayor and the police chief have achieved a especially Ben Gilman, who has been my With work on TANF reauthorization 23 percent reduction in violent crime in just a friend for over 30 years, who leave us—where uncompleted, states with expiring welfare few short years. Federal agencies also report are you, Ben? (Applause.) waivers will not be able to adequately plan that Baltimore City has achieved the largest ... and our entire delegation, which I hope their welfare programs for the future. It makes reduction in drug-related emergency room ad- would rise at this time, the supporters of our little sense for them to begin transitioning to missions of any major city in America. How- resolution . . . (Laughter.) ever, the plague of drug abuse is not a local ... I want to thank the leadership in the the current program with the knowledge that House and the Senate for supporting this res- Congress intends to make substantive problem or a problem limited to people of olution, our mayor and governor for giving it changes to TANF during the 108th Congress. color; it is a national problem that demands a its political support, Ms. Annenberg for giv- But, under current law, this is exactly what federal response. ing us our financial support, and most im- they will have to do. National statistics shows that this problem is portantly all of you who took time from Mr. Speaker, it is irresponsible for Congress not limited to Baltimore City. The Bureau of your busy schedules, and indeed our legisla- to force states to transition their programs Justice Statistics reports that in 1998 an esti- tive schedules, to come to our great city to twice and waste scarce resources on unnec- mated 61,000 convicted jail inmates said they give us an opportunity to say thank you. had committed their offenses to get money for History is a strange thing when you’re mak- essary programmatic changes, particularly in ing it. You’re just not aware of the courage hard economic times. drugs. The cost-effects of these statistics on you may have or the shortcomings that you Congress should correct this unintended Baltimore City and other communities through- may have. And as the mayor, in telling you consequence of its inaction by extending exist- out this nation are incalculable. That is why I about the attributes of New York, it could be ing state waivers. am encouraged by the swift and decisive ac- perceived that most of us from New York f tions taken by Director John P. Walters of the City have a little more self-esteem than we Office of National Drug Control Policy really need to get by. (Laughter.) DAWSON FAMILY TRAGEDY (ONDCP) to arm our domestic front line sol- RANGEL. But when we were hit, we were diers with the tools they need to combat the afraid, we were scared. We didn’t know whether we were going to be hit again. And HON. ELIJAH E. CUMMINGS bane of our communities. Jerry Nadler, who’s district was hit, was one OF MARYLAND I joined Director Walters on Oct. 23 of this of the first to get there. IN THE HOUSE OF REPRESENTATIVES year, as he announced the federal govern- And as the mayor said and the governor ment response to this tragedy. Effective imme- said, people came from all over. Not just our Thursday, November 14, 2002 diately, ONDCP will redirect existing funding heroic policemen and firemen and emergency Mr. CUMMINGS. Mr. Speaker, I rise to pay resources within the Washington-Baltimore workers, but kids came, flags were there, homage to our fallen ‘‘Front Line Soldiers’’. High Intensity Drug Trafficking Area Program foods were there, doctors were there. Every- The soldiers that I speak of did not die thou- (HIDTA) to better protect specified high-crime one wanted to help. Most of the New York congressional dele- sands of miles away from our shores in a for- neighborhoods in Baltimore City. The federal gation in the city, we were there because it eign land; they were executed in their own funds will help to pay the cost of additional was a primary day. And so when we got back home as they slept. These soldiers were not foot patrols, police overtime pay, surveillance to Washington, we didn’t know what to ex- trained in military combat or armed with the cameras and improved street lighting. This is pect. We went by car. We went by bus. We latest weapons technology can devise; they only a down payment on the debt owed to the went by train. And when we saw our col- fought a life and death battle armed only with Dawson family and the many other families leagues there, singing ‘‘God Bless America,’’ a strong voice and a determination that they around this nation who are the domestic front we recognized that we were not just New would not surrender. If the City of Baltimore line soldiers in what some residents of Balti- Yorkers; that we were Americans. It wasn’t just . . . (Applause.) were to erect a monument to all the innocent more call ‘‘a killing ground.’’ It wasn’t just our great city that was hit, lives lost because of the proliferation of drug More will be done; more must be done to it was our great country that was attacked. violence in our community, tragically the most protect families living in communities of fear. And we did come together, not as Repub- recent names to be added would be Carnell Drug gangs cannot be allowed to rule our licans and Democrats and liberals and con- and Angela Dawson, along with their children; court system through intimidation. Children servatives, but we came together in support Keith and Kevin Dawson (9 year old twins); should not fear stray bullets as they sit in front of our president and our legislative leaders Carnell Dawson Jr., 10; Juan Ortiz, 12 and of their homes. Families await a day when to let all of our foes know that we were LaWanda Ortiz, 14. they can sleep soundly knowing that the drug united in our resolve to make certain that we would do all that we could to see that On October 16th, while this family slept, a gangs are no longer lurking within their com- this does not happen again. cold-blooded killer entered their home, spread munity. Baltimore City’s fight against these And even now as we gather to praise those gasoline throughout, and ignited a blaze that drug gangs is not a war America can afford to that fought so hard for our country, that be- swept through the house in a few short min- ignore; and retreat is not an option. came our heroes, we send a message to our

VerDate 0ct<31>2002 03:13 Nov 17, 2002 Jkt 019060 PO 00000 Frm 00029 Fmt 0626 Sfmt 0634 E:\CR\FM\A14NO8.150 E15PT1 E2076 CONGRESSIONAL RECORD — Extensions of Remarks November 15, 2002 enemies that it is our resolve to say once their lives for freedom on 9/11. We will never dren. People were asked to write down their again: ‘‘Don’t tread on the United States of forget their bravery and their sacrifice. memories of Jay, to tell us stories about the America; that we are prepared to do what- It is now my privilege to introduce Susan Jay that they knew. The response was unbe- ever is necessary to seek out and to destroy Magazine. She is the assistant commissioner lievable. Hundreds and hundreds of cards those who seek to destroy our way of life.’’ in charge of the fire department’s Family have come back from people who knew Jay. RANGEL. And we come back to where the Assistance Unit. She is also a woman who And then, we got cards and letters from peo- Congress has met over 200 years ago, and I lost her husband Jay, who worked at the ple who didn’t know Jay, but had heard cannot but be emotionally involved in be- World Trade Center. about him and had heard about our family, lieving how proud our forefathers should be Susan? (Applause.) and wanted to somehow try to connect and of us, to come back after 200 years, and to MAGAZINE. Thank you, Mayor Bloomberg. try and give some comfort to an individual Mayor, Governor Pataki, distinguished see what we have done with their Constitu- family. tion, how much we treasured it, how much members of Congress, honored guests, I am Experiences like that continue to be re- honored to have been asked to come here we expanded it, and how much today as we peated every day for the families who have this afternoon to speak with you. I came meet are we prepared to protect it. How lit- been affected by September 11th. As our na- here because I think it’s very important that tle did they know that those who picked cot- tion’s leaders, you should know that at the you, our nation’s leaders, hear directly from ton during those days, those that would Family Assistance Unit of the fire depart- someone who lost a loved one, a family mem- come into our country to build our roads and ment, we spent hours each day responding to ber last September 11. our railroads, those that would come from letters and gifts from all over the country: foreign countries seeking religious and eco- As the mayor said, my husband Jay was one of the more than 2,800 people who per- from your states, and your districts. And we nomic freedom, would be coming here as a respond to each one of them. We received part of the United States Congress 200 years ished at the World Trade Center on that day. Jay and I spent our entire adult lives to- cartons of letters from schools, camps, later. (Applause.) houses of worships, individual people from U.S. history is strange because not only gether. On October 17th of next month, we would have celebrated our 20th wedding an- all over the country, teddy bears, quilts, pic- are we living it, but to give New Yorkers an tures, books, offers of weekends away for opportunity to say thank you to our col- niversary. We have two children. Melissa is 14 and An- family members, paintings, scholarships for leagues in the House means that we’re say- children, songs, poems, prayers. Whatever it ing thank you to America. We are basically drew is 11. Melissa starts high school next is that people have to give, they want to saying, as New Yorkers, ‘‘God bless this week, and Andrew starts middle school. reach out to individual family members and great country, that gives us an opportunity Jay was the catering sales manager at somehow try and make a difference to each to have our diversity, and to continue to be- Windows on the World, the spectacular restaurant at the top of the north tower. One of family. lieve that a part of the legacy that we are And these are the people that you rep- going to leave to those to follow us, is that our favorite shared family memories was all resent. Please tell the men and the women we’re not going to allow terrorism to instill of us—Jay, me, Melissa and Andrew—going and the families in your home districts and terror in our heart; that our basic commit- up to the restaurant all wearing hard hats your states how much it means to us that so ment has to be that while we would not during the construction work to reopen Win- many Americans have offered us their gen- allow an enemy to intimidate us, we’re not dows on the World. erosity and their kindness. going to allow terror to take away our basic MAGAZINE. What a beautiful restaurant it The events of September 11th were an at- freedoms; that we’re not going to strike any was. When you were up there you felt like tack on our nation and they were attacks on unknown country without knowing where you were on top of the world. And Jay loved it. He loved working at Win- individuals and individual families. Every the enemy actually is; and that the opportu- dows. He loved working in the Trade Center. one of the people who perished on that day nities that we have been given as a people, of He loved the vibrancy of downtown Manhat- was a husband, a father, a son, a wife, a education, of Social Security, of health care, tan. mother, a daughter, a brother, a sister, a of opportunity that we’re going to make cer- I recently attended a dinner for a hunger neighbor, a friend. Over 2,800 individual peo- tain that, as we protect this country, we pro- relief organization that Jay was involved ple were lost on that day. tect those civil liberties that have been with to present the first annual Jay Maga- And it’s been remarkable to me how many passed on to us so that when the next Con- zine Award of Excellence. The recipient of Americans truly understand that each of us gress meets, no matter where they meet, the award was Jay’s friend, Michael were real people, were real families who have they will be saying that we protected the Lomonaco, who was the chef at Windows. experienced this enormous tragedy in very Constitution that was given to us over 200 When Michael accepted the award he told a individual, very personal and very imme- years ago.’’ (Applause.) story about how he and Jay would meet al- RANGEL. My mother, your mother, every- diate ways. most every morning in the Windows cafe- one always said that during times of pain, Every day the people who work for the city that you’d have to seek and you can find teria for coffee. And every morning as they of New York go to enormous lengths to do some good in it. But the truth of the matter were leaving, Jay would turn to Michael and whatever they can for us, for the families. is that when we were struck, it was hard to say, ‘‘You know, we’re the luckiest guys in The city, the state and the entire nation believe that we could find some good. the world to be working here.’’ have given us their support. Thank you. But there was good that we found out; that When our kids went to visit Jay, which was And when you go home, thank your con- America gave us an opportunity to say often, they would look out of his office win- stituents for their kindness, for their gen- thank you to each other. America gave us an dow. You felt like you could see all of New erosity and for never, ever letting anyone opportunity to see how blessed we were; that York City from there. And he would tell forget. Thank you. (Applause.) we could look at each other without seeing them that if they looked really, really hard BLOOMBERG. Susan, thank you. color, without seeing party label, without uptown that they could see our apartment. It And to you and to all the families, all we seeing where we came from, and recognize was so magical up there. Now, like thou- can really say is, ‘‘Those we lost are in our that we had an obligation to protect what we sands of other families, Melissa, Andrew and prayers and God bless.’’ have. I are trying to figure out how to move on and For the terrorists, the attack on the World Mr. Governor, Mr. Mayor, thank you for how to live our lives. That doesn’t mean that Trade Center, as devastating as it was, was a giving us the support of bringing us to- we will ever forget. It doesn’t mean that failure. It did not accomplish what they gether. And now we can say that we really we’re trying to get back to normal. Normal hoped it would. It did not weaken us. In- owe a lot to each other, because we need does not exist anymore for any one of the stead, it united us. It brought us together as each other. We hope this never happens families that lost someone that they loved a nation determined to defend our freedoms again, but thank you, Congress, for helping on that day. and to punish those responsible for this des- us when you needed us, and not withstanding It means that each one of us has to find a picable act. our attitude, we deeply appreciate the oppor- new normal. We have no choice. And my Ordinary Americans showed the goodness tunity. (Applause.) family is doing that. We’re surrounded by in- in their hearts. They responded to 9/11 as if BLOOMBERG. More than 2,800 people lost credible family, wonderful friends and sup- their own home communities had been at- their lives at the World Trade Center, but port of communities. And we’re doing it with tacked. An unprecedented outpouring of sup- the toll could have been far, far worse if it the assistance of our neighbors, of our com- port flooded into New York from across the were not for the valor and professionalism of munities and you, our policy-makers. And nation. our local and regional firefighters, police of- we are extremely thankful for all of the sup- The following video you’re about to see is ficers and emergency service personnel. port that we have received from people ev- our way of saying, ‘‘Thank you, America.’’ (Applause.) erywhere. (Videotape presentation). BLOOMBERG. Showing tremendous courage, Let me illustrate with a personal story. BLOOMBERG. I want to thank the Inter- they effected the rescue of more than 25,000 Our family held a memorial service for Jay public Sports and Entertainment Group people from the World Trade Center, the at the end of September. Jay had always chairman, Mark Dowley, for producing that largest and most successful emergency evac- been in the catering and restaurant busi- video and donating their services. uation in modem history. Their heroism in- nesses and had many friends, colleagues and (Applause.) spired the nation. clients all over the country. The power, majesty and proud heritage of Three hundred and forty-three members of At that service blank cards were distrib- the United States are expressed in our na- the Fire Department of New York City gave uted with envelopes addressed to our chil- tional symbol, the American bald eagle. On

VerDate 0ct<31>2002 03:13 Nov 17, 2002 Jkt 019060 PO 00000 Frm 00030 Fmt 0626 Sfmt 0634 E:\CR\FM\A14NO8.153 E15PT1 November 15, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E2077 behalf of the people of New York City, I am But to facilitate their orderly departure, I PERSONAL EXPLANATION pleased to memorialize this historic joint would ask that all other guests please re- session of Congress in our city by presenting main seated until the members have left for a commemorative Steuben glass eagle to the the ballroom. HON. STEPHANIE TUBBS JONES House of Representatives. Thank you for your cooperation. And OF OHIO Minority Leader Gephardt? (Applause.) thank you for showing your support for the Thank you on behalf of all New Yorkers. greatest city on Earth. IN THE HOUSE OF REPRESENTATIVES GEPHARDT. Thank you so much. I accept Thursday, November 14, 2002 this on behalf of all of our members. And, f Charlie, I don’t think you have an attitude EXPRESSING SORROW OF THE Mrs. JONES of Ohio. Mr. Speaker, I support at all. (Laughter.) the recently enacted steel tariffs and urge sup- Thank you. (Applause.) HOUSE AT THE DEATH OF THE HONORABLE PAUL D. port for the domestic steel industry, however, BLOOMBERG. The city is also proud to I ask that my name be removed from H. Con. present a commemorative eagle to the Sen- WELLSTONE, SENATOR FROM ate. Minority Leader Lott, would you come THE STATE OF MINNESOTA Res. 507, a bill urging the President to request up to the podium, please? (Applause.) the United States International Trade Commis- BLOOMBERG. On behalf of all New Yorkers, SPEECH OF sion to conduct an expedited review of the thank you, sir. temporary safeguards on imports of certain LOTT. Thank you very much, Mr. Mayor. HON. LUCILLE ROYBAL-ALLARD steel products. On behalf of the United States Senate, we ex- OF CALIFORNIA press to you our appreciation for all you’ve IN THE HOUSE OF REPRESENTATIVES f done, and for this. Senator Daschle and I will Tuesday, November, 12 2002 find a special place for this great eagle. CONGRATULATING THE ANAHEIM Thank you. (Applause.) Ms. ROYBAL-ALLARD. Mr. Speaker, I rise ANGELS 2002 WORLD SERIES BLOOMBERG. Thank you. in support of the resolution honoring Senator CHAMPIONS Speaker? (Applause.) Paul Wellstone and to express my deep sad- And Tom Daschle. (Applause.) HASTERT. On behalf of the U.S. Congress, ness at his unexpected death, and that of his we have a unique gift: a token of that day, wife Sheila, their daughter Marcia, members of HON. EDWARD R. ROYCE and a token of the strength of this nation. his campaign staff, and the two pilots of the OF CALIFORNIA Over the Capitol of the United States flew plane. IN THE HOUSE OF REPRESENTATIVES the flag of the United States of America. Senator Paul Wellstone was a man of con- And on September 11th, we took that flag viction and passion who worked tirelessly on Thursday, November 14, 2002 down. We kept it. We weren’t sure exactly behalf of America’s families. He was dedicated how we were going to use that flag. But we Mr. ROYCE. Mr. Speaker, I wish to con- think it’s very appropriate today to give it to making the American dream a reality for gratulate the Anaheim Angels on their tremen- to the city of New York as a memento of all—including the most marginalized among dous achievement. I am pleased to join my what this Congress believes in: the ability us. Senator Wellstone always stood firmly by fellow colleagues from Orange County as we and strength of the people of New York, the his principles, consistently representing the congratulate the Anaheim Angels on their mi- spirit of the people of New York is truly the people of Minnesota with honor and courage. raculous World Series win. spirit of America. Thank you. (Applause.) I had the privilege of knowing Senator For those of us who grew-up in Orange DASCHLE. On September 11th, when the Wellstone and working with him and his wife County, this is a tremendous moment. Gene people of South Dakota saw what happened, Sheila on the issue of domestic abuse. Sen- they dropped everything. One ranch couple, Autry formed the team in 1961. Now, after themselves struggling right now, sold 100 ator Wellstone was a vigorous champion for more than 40 years, the Angels have won head of cattle, and donated the proceeds to reform. He was a driving force behind enact- their first World Series Championship. the victims and their families. A class of sec- ment of the Violence Against Women Act—the The Angels’ victory was far from predicted. ond graders collected pennies, thinking that most important domestic violence law in our They were the underdog all the way. After all, they might be able to collect or raise a cou- nation’s history. He also authored and helped the previous season, the Angels finished 41 ple of hundred dollars. They raised $1,776.05. pass legislation that provides services and I’m sure you could find similar stories games out of first place. support to children who grow up in violent Anaheim was the wild card team—most from Speaker Hastert’s constituents in Illi- homes and fought for legislation that helps nois, Senator Lott’s in Mississippi, Congress- gave them little chance of knocking off the pe- man Gephardt’s in Missouri. health care providers do more to stop domes- rennial favorite New York Yankees for the But in reaching out to help the people of tic violence. American League Division Series. The Angels During the past three Congresses, I was New York, we realized it was the people of then went on to defeat the Minnesota Twins to New York who were helping us. Your courage honored to partner with Senator Wellstone in win the American League pennant. And then helped steady a wounded nation. introducing legislation that helps provide em- finally, defeated the San Francisco Giants in So today, I join Speaker Hastert, on behalf ployment stability and security to victims of do- the World Series in seven hard-fought games. of all of those you inspired, to present you mestic violence. And most recently, to have this flag. We hope it’ll find a home in the partnered with him to secure $5 million dollars The atmosphere in the stadium was electri- memorial you build to the victims of Sep- fying. Fans across Orange County came tember 11th, to let all New Yorkers know for the Department of Defense to fund confidential victim advocates to address the prob- equipped with their rally monkeys and thunder that they didn’t just inspire a city, they in- sticks to cheer our team to victory. spired a nation. (Applause.) lem of domestic violence among our military BLOOMBERG. Dick, would you come up? personnel. The Angels’ victory over the Giants was And, Trent, and if you could come up here as Senator Wellstone will be remembered as truly amazing. The Angels had never won a well. (Applause.) one of this nation’s most dedicated and na- playoff series before beating the Yankees. BLOOMBERG. Thank you. tionally recognized advocates on domestic Anaheim is the first team since 1912 to win Earlier, I proudly, perhaps boastfully but the World Series without having any player accurately, referred to New York City as the abuse. All of us who partnered with him to put nation’s cultural capital. I will now dem- an end to this horrific crime know that this who had ever played for a World Series win- onstrate that this was not an idol boast. movement has lost an irreplaceable leader. ner previously. It is my great pleasure to introduce a great His lifelong efforts to make our communities The victory is a testament to the teamwork composer, arranger, conductor, musician, safer and more just will serve as a model for and abilities of the Anaheim players. and in my book most importantly an educa- all of us who will continue to fight against the They were led by manager Mike Scioscia; tor. The winner of the Pulitzer Prize for Tim ‘‘the Kingfish’’ Salmon, who has played music, and the artistic director of jazz, at cycle of violence that plagues so many Amer- Lincoln Center, Winton Marsalis. (Applause) ican families. his entire career for the Angels; Pitcher John (Musical presentation.) (Applause.) Mr. Speaker, Senator Wellstone will be Lackey—who was the first rookie to win a BLOOMBERG. As to my boast about culture, sorely missed by all of us here in Congress, Game 7 in 93 years; and I think it is fitting that I will rest my case. (Laughter.) and fondly remembered as the Senator from third baseman Troy Glaus—a native of Or- Thank you. Minnesota who brought a message of social ange County—was named most valuable play- Well, thank you for joining us for this his- er of the World Series. toric event. The members of Congress will justice and equality to the people of this great now exit, en masse to visit ground zero and Nation. My sincere condolences go out to the Mr. Speaker, I congratulate the Angels’ to pay their personal respects to the more Wellstone family, families of all those aboard players, coaches, staff, and the fans, who than 2,800 people who died for freedom. Gov- the plane and to all the residents of Min- were instrumental in bringing the World Series ernor Pataki and I will go with them. nesota. Championship to Anaheim.

VerDate 0ct<31>2002 03:13 Nov 17, 2002 Jkt 019060 PO 00000 Frm 00031 Fmt 0626 Sfmt 9920 E:\CR\FM\A14NO8.156 E15PT1 E2078 CONGRESSIONAL RECORD — Extensions of Remarks November 15, 2002 HONORING ROHM AND HAAS LONE both the Transportation and Government Re- ambitious and historic proposal to create a STAR PLANT form Committees. He is always there to help new Department of Homeland Security. At the us meet the common interests of the citizens outset, I want to thank the Majority Leader and HON. KEN BENTSEN of the Los Angeles area. the Chairman of the Select Committee on STEVE and I were classmates, elected in OF TEXAS Homeland Security—the gentleman from 1992, and we have worked together on a vari- IN THE HOUSE OF REPRESENTATIVES Texas, Mr. ARMEY—for taking the President’s ety of important issues during our five terms in bold framework and creating a much stronger Thursday, November 14, 2002 the House. Together, we advocated to both bill in close consultation with the committees Mr. BENTSEN. Mr. Speaker, I rise to con- Democratic and Republican Administrations to of jurisdiction, including the committee I chair, gratulate the Rohm and Haas Lone Star Plant ensure an effective health care safety net for the Energy and Commerce Committee, which as they are saluted by the Deer Park Cham- Los Angeles County. We worked on transpor- has and will continue to have jurisdiction over ber of Commerce as the 2002 Industry of the tation and economic development projects af- many aspects of this new department and the Year. The Rohm and Haas Lone Star Plant is fecting the Ports of Los Angeles and Long difficult challenges it will face. being recognized for providing critical indus- Beach, the largest port complex in the nation. I also want to praise Governor Ridge and trial services, while continuing to make a posi- Just this year, we worked successfully for en- the White House for their flexibility and consid- tive impact in the Deer Park community. vironmental funding to solve a wastewater run- eration of our concerns, and I think we all owe Located on a thirteen acre site in Deer Park, off problem affecting two of our municipalities. the Governor and the President a large debt construction of the Lone Star Plant began in We haven’t always been successful, but our of gratitude for the protection that they have 1995, with its first batch created in June of successes have far outnumbered our defeats. given our country since 9/11. 1996 and its first shipment dispatched soon Southern California and Los Angeles County Ever since the anthrax attacks of last year, after. One of the plant’s main activities is the have benefited greatly from STEVE’s willing- the threat of bioterrorism has become much production of polymeric emulsions, which are ness to work as part of a bipartisan team for more of a reality, and the importance of bio- used in various other product applications. In the good of our constituents. medical research activities at the Department addition, the Rohm and Haas Lone Star Plant STEVE’s hard work and commitment to his of Health and Human Services and NIH and manufactures approximately twenty sub- district have been made very evident, as I the CDC has never been greater. This bill stances that are used in the production of have worked this year to introduce myself to builds upon those great research agencies. water-based paints, traffic paint, adhesives, my new constituents. Everywhere I’ve gone Rather than destroying their work and taking it caulk, as well as other household and indus- I’ve heard nothing but praise for STEVE’s rep- over and redoing it, the bill makes it clear that trial commodities. resentation. I have heard constantly how re- NIH and CDC will retain primary responsibility Although the Rohm and Haas Lone Star spected STEVE is, and how people appreciate over human health-related research, and that Plant has excelled in its industrial production his commitment to his district. I owe STEVE a the new Department itself will not engage in and processes, its presence in the community personal debt because of the enormous as- such R&D efforts. Rather, it will collaborate has been invaluable. The Lone Star Plant is sistance he has been to my staff and me as and coordinate with these two agencies in set- an active member of the Deer Park Commu- I inherit part of his congressional district, the ting priorities for research on terrorist agents. nity Advisory Council, the Deer Park Local cities of Downey and Bellflower. STEVE has The Committee on Energy and Commerce Emergency Planning Committee, and the explained the many issues he has worked on recommended this approach because the ter- Channel Industrial Mutual Aid Organization. during his tenure in Congress. He has intro- rorism-related research currently being per- Two of its management team members serve duced me to local officials, business people formed at NIH and at the CDC is really dual- in prominent community leadership positions and key community groups. He has gone the purpose in nature. It serves the priority and as Director of the Deer Park Chamber of extra mile to make sure that my staff and I un- needs of both counterterrorism and the tradi- Commerce and Deer Park Educational Foun- derstand his district. STEVE didn’t have to do tional public health system. So I want to thank dation. Additionally, many of its employees are that, and I am very grateful for his willingness the gentleman from Texas and the administra- active in the PALS mentoring program at San to work with me. tion for working with us on this important Jacinto Elementary School, as well as the pro- In short, STEVE HORN’s service in the House change. motion of youth sports and education in the of Representatives has been distinguished We also want to make clear that the bill Deer Park area. and effective. I have enjoyed working with him adopts recommendations that our Committee Mr. Speaker, I applaud the Rohm and Haas on issues of importance of the Los Angeles made with respect to the public health emer- Lone Star Plant for its many contributions area, and my respect for his work and per- gency and bioterrorism grant programs run by made in both industry and community. I also sonal integrity continues to grow as I learn CDC and HHS for state and local govern- commend the Deer Park Chamber of Com- more about him and the wonderful people I ments, leaving them where they are now so merce for their continued efforts to recognize now have the privilege of representing. that this important work of upgrading our pub- such businesses that use their strengths and STEVE is a class act, and he will be a hard lic health infrastructure is not interrupted. successes to better their communities. act to follow. But I will do my best to continue The bill also will improve the efforts by our the high level of representation that he has f country’s top scientists at national laboratories achieved and the legacy of good government to develop new methods of detecting and pre- HONORING REPRESENTATIVE that I now inherit from him. We will miss venting terrorist attacks, such as improved STEPHEN HORN STEVE in the Los Angeles delegation, and we sensors to detect radiological devices and new will miss him in the House. scanners to screen luggage and cargo, a crit- HON. LUCILLE ROYBAL-ALLARD Based on my experience in Downey and ical need as we move forward. Our current Bellflower, STEVE retires with the greatest re- OF CALIFORNIA ability to screen for radiological and nuclear ward that can be presented to him—the adula- IN THE HOUSE OF REPRESENTATIVES materials entering our ports is woefully inad- tion of the constituents he has represented so equate. We are going to do something about Thursday, November 14, 2002 ably for 10 years. it with this bill. Ms. ROYBAL-ALLARD. Mr. Speaker, I rise I thank STEVE HORN and commend him for A key provision in the bill that our Com- to join my colleagues in paying tribute to one his service to his district and to our nation. Ed mittee recommended will establish a central of our retiring members, STEVE HORN. STEVE and I wish him and Nini well in their next un- technology clearinghouse that will assist Fed- HORN’s departure from this House is a signifi- dertaking. eral agencies, State and local governments cant loss. Many of us on the Democratic side f and, even more importantly, the private sector looked to STEVE as an honest and effective HOMELAND SECURITY ACT OF 2002 in evaluating, implementing, and disseminating advocate who worked across party lines to ad- information about key homeland security tech- vance the best interests of the Los Angeles SPEECH OF nologies such as radiation and bio-weapon de- region, our state of California, and the United HON. W.J. ‘‘BILLY’’ TAUZIN tectors. States. Finally, the provisions in this bill dealing with OF LOUISIANA STEVE’s loss to the House perhaps is over- the protection of our nation’s critical infrastruc- IN THE HOUSE OF REPRESENTATIVES shadowed only by the loss we will feel within tures—most of which fall within our Commit- the Los Angeles County delegation. Repub- Wednesday, November 13, 2002 tee’s jurisdiction and are under the control of licans and Democrats alike have come to rely Mr. TAUZIN. Mr. Speaker, I rise in support the private sector—are vitally important to en- on STEVE’s expertise and help as a member of of H.R. 5710, which embodies the President’s sure that progress in this area continues to be

VerDate 0ct<31>2002 03:13 Nov 17, 2002 Jkt 019060 PO 00000 Frm 00032 Fmt 0626 Sfmt 9920 E:\CR\FM\A14NO8.162 E15PT1 November 15, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E2079 made. There will be a strong, cooperative pro- new technologies to advance ocean water de- lumbia University and a television reporter at gram between the new Department and state salination. Two Florida stations: WCTV in Tallahassee and local governments and the private sector Congressman HORN has been an unsung and WJXT in Jacksonville. She is also a play- to enhance such protection, without micro- hero on federal government accountability for wright whose work has been produced on management of security from Washington, which I thank and commend him. Chairing the Manhattan’s Theater Row and in Brooklyn, D.C., or new regulatory mandates that will Government Reform Subcommittee on Gov- Harlem, Phoenix, Arizona and Fort Campbell, serve only to foster distrust and delay. ernment Efficiency, Financial Management, Kentucky. Mr. Speaker, I urge my colleagues to sup- and Intergovernmental Relations, Congress- Martha is the mother of two. Her son Eric is port this bill, and once again thank the Presi- man HORN dedicated his committee’s jurisdic- a teacher in Trenton, New Jersey, and her dent, Governor Ridge, and Majority Leader tion to making federal agencies more account- daughter, Dr. Cheryl Thomas is a graduate of ARMEY for their tremendous efforts in bringing able to the taxpayer, ensuring that our govern- Downstate’s College of Medicine who prac- this matter to a favorable resolution for the ment was open and accessible to the public, tices in New Jersey. American people. and demanding that red-tape and other bu- Mr. Speaker, I am honored to recognize f reaucratic excesses were eliminated. Central Brooklyn’s Martha Thomas as a Point- Many of us can only look with awe at Con- of-Light for all Americans. IN MEMORY OF JUSTIN ULRICH gressman HORN’s distinguished and vast pub- f lic service career. He served in the Eisen- HON. PETER T. KING hower Administration under Labor Secretary CORRECTION TO DISSENTING VIEWS TO COMMITTEE REPORT OF NEW YORK James P. Mitchell, and then got his legislative TO H.R. 4689 IN THE HOUSE OF REPRESENTATIVES feet wet while working for California Senator Thomas Kuchel on historic legislation including Thursday, November 14, 2002 the Civil Rights Act of 1964 and the Voting HON. ROBERT C. SCOTT Mr. KING. Mr. Speaker, I rise today to honor Rights Act of 1965. In addition, Congressman OF VIRGINIA the life of Justin Ulrich who passed away sud- HORN dedicated 18 years to the California IN THE HOUSE OF REPRESENTATIVES denly on November 10th. Justin, a twenty- State University, Long Beach, where he was Thursday, November 14, 2002 three year-old senior at New York University’s recognized as one of the most effective col- Tisch School of the Arts, embodied the spirit lege presidents in the country. Mr. SCOTT. Mr. Speaker, I signed the of young people who participate in the political There is no doubt that Congressman HORN ‘‘Dissenting Views’’ to the Committee Report arena while serving causes greater than their has accomplished a great deal. However, I be- to H.R. 4689, the ‘‘Fairness in Sentencing Act own. This past summer, Justin completed an lieve his greatest accomplishment lies in not of 2002,’’ along with three other members of internship in my congressional office in Wash- just what he has been able to do, but in the the Committee. The views included the fol- ington, DC where I was able to see first-hand person that he is. He is a man of character lowing statements: ‘‘If enacted, the bill would the energy, dedication, and initiative he pos- who never allowed partisan politics to triumph prevent individuals who perform low-level drug sessed. over personal integrity, who sought real an- trafficking functions from qualifying for a miti- Justin carried a passionate appetite for poli- swers to real problems for the benefit of gating role adjustment under the United States tics as chair of the External Affairs Committee strangers, and whose watchful gaze held us Sentencing Guidelines.’’ and ‘‘The bill prevents of the University Committee on Student Life all to the same higher standard he set for him- low-level, first-offense drug offenders from re- and as a senator on the Tisch Undergraduate self. ceiving a mitigating role adjustment under the Student Council. Most recently, he worked for I will miss seeing him in the halls of the sentencing guidelines.’’. congressional candidate Jim Farrin’s cam- Capitol, but will look forward to seeing him These statements do not precisely reflect paign and attended volunteer events pro- and his lovely wife, Nini, at home in California. their point. The bill would overturn a new U.S. moting political candidates in Washington, DC. f Sentencing Commission guideline which es- In addition, Justin was an active member of tablishes a 10-year cap on how much drug the College Republicans at NYU and served MARTHA THOMAS: A POINT-OF- quantity can impact the guidelines. Without as its publicity director. LIGHT FOR ALL AMERICANS such a cap, the impact of drug quantity alone Mr. Speaker, no one will forget Justin’s pas- can result in a sentence that is in great dis- sion and cheerful smile. I join with his friends HON. MAJOR R. OWENS proportion to the relative role of the offender in and schoolmates in offering my condolences OF NEW YORK a drug enterprise. Accordingly, although the to his family. IN THE HOUSE OF REPRESENTATIVES statements may not be precise, the point re- f mains that, under the bill, certain low-level of- Thursday, November 14, 2002 fenders will be prevented from receiving any HONORING REPRESENTATIVE Mr. OWENS. Mr. Speaker, recently Dr. John meaningful benefit from a mitigating role ad- STEVE HORN C. LaRosa, President of SUNY Downstate justment, so long as the quantity alone can re- Medical Center announced the appointment of quire such a disproportionate sentence under HON. DAVID DREIER noted community leader and writer, Martha the guidelines. OF CALIFORNIA Thomas as Assistant Vice President for Com- f IN THE HOUSE OF REPRESENTATIVES munity and Government Relations. It is no secret in Brooklyn that Martha is a HOMELAND SECURITY ACT OF 2002 Thursday, November 14, 2002 very skilled professional who, in her previous Mr. DREIER. Mr. Speaker, I am grateful for positions at SUNY Downstate Medical Center SPEECH OF this opportunity to speak about a good friend served as the Director of Community Relations HON. RICHARD K. ARMEY and respected colleague, Congressman STEVE in the Office of Institutional Advancement as OF TEXAS HORN, who is retiring from this body after 10 well as Director of Media Relations. Since join- IN THE HOUSE OF REPRESENTATIVES years of unwavering integrity in service. And ing the staff in 1977, Martha has been instru- though we wish our friend nothing but the ab- mental in educating elected officials about the Wednesday, November 13, 2002 solute best as he leaves Washington, we will needs of the medical community as well as Mr. ARMEY. Mr. Speaker, I rise today in miss STEVE immensely, and are sad to see serving as a liaison to the community and its strong support of Subtitle G of the Homeland the parting of this true Californian. leadership. Security bill, which is the Support Anti-ter- Congressman HORN has served with dili- I have known Martha for a number of years, rorism by Fostering Effective Technologies Act gence on the Transportation and Infrastructure and I know personally the level of her commit- of 2002—otherwise known as the ‘‘SAFETY Committee on behalf of his constituents in ment to insuring that all people have access to Act.’’ Briefly, the SAFETY Act ensures that Southern California. His Congressional District quality health care. In her new position, she U.S. companies will be able to develop and benefitted greatly from his leadership, espe- will continue to serve as the government rela- provide vital anti-terrorism technologies to help cially in the areas of environmental steward- tions manager in addition to advising the insti- prevent or respond to terrorist attacks—with- ship and infrastructure investment. He consist- tution on legislative issues ranging from health out the threat of crippling lawsuits. ently championed projects critical to the Ports care to education. Many technologies already exist that could of Los Angeles and Long Beach, preserving Prior to joining SUNY Downstate, Ms. be used to provide the American public with local wetlands, and supported the need for Thomas was a Michelle Clarke Fellow at Co- greater protection against a range of terrorist

VerDate 0ct<31>2002 03:13 Nov 17, 2002 Jkt 019060 PO 00000 Frm 00033 Fmt 0626 Sfmt 9920 E:\CR\FM\A14NO8.162 E15PT1 E2080 CONGRESSIONAL RECORD — Extensions of Remarks November 15, 2002 threats. However, due to concerns about po- under the SAFETY Act. Therefore, it is rights in Kazakhstan. U.S. aid to the region tential lawsuits and liability, these technologies Congress’s hope and intent that the Secretary more than doubled. are not being made available to federal, state will use the necessary latitude to make this list In recent months, however, the U.S. and or local governments or to other commercial as broad and inclusive as possible, so as to Europe have been increasingly outspoken entities. Under current law, companies can insure that the maximum amount of protective about the region’s poor human-rights record, only provide these technologies to a limited technology and services become available. In and in response, the region’s leaders have number of agencies of the Federal Govern- addition, it is worth mentioning that the Act’s begun to publicly resist those pressures. ment—but not to other entities with front line anti-terrorism technology criteria are not in- The Kazakh government says it officially responsibility for protecting the public, includ- tended to be exclusive, and in order for a charged a well-known opposition journalist ing state and local authorities. technology to merit coverage by the Act, it with raping a 14-year-old girl, an accusation The SAFETY Act ensures that these impor- needn’t meet all criteria. For instance, though Western officials suggest may be politically tant technologies can be made available to prior U.S. government use or demonstrated motivated. The journalist, 49-year-old Sergei help protect our cities, schools, hospitals, nu- utility is the first criterion listed, products new Duvanov, had been planning a trip to the clear power plants, bridges, dams, and other to the market are certainly eligible for cov- U.S. for speaking engagements on critical areas. erage. Kazakhstan’s human-rights record. He says This legislation accomplishes this objective Finally, all of the liability reforms and litiga- the charges against him are fabricated. by providing litigation reforms and insurance tion measures of the SAFETY Act are in- It is the third time Mr. Duvanov has ac- guidelines for companies that help to pros- tended to complement other government risk- cused the government of harassment since he ecute the global war on terrorism. Without sharing measures that some contractors can wrote a story earlier this year for an Inter- these protections, each time a technology or use such as Public Law 85–804. Thus, in net site about Swiss bank accounts allegedly defense company puts its anti-terrorism tech- those situations both types of measures could belonging to President Nursultan nology to use, it becomes vulnerable to poten- apply. Nazarbayev. The accounts are part of sepa- tially unlimited and uninsurable liability. Such Through this Act, we want to give the appro- rate money-laundering investigations by the an enormous risk has an understandably priate incentives to companies to provide the U.S. and Switzerland. In July, the Kazkah government charged Mr. Duvanov with chilling effect on the willingness and ability to technologies that can protect the American criminal libel for the story, and in August— research, develop, and deploy critical home- people. two weeks before he was to attend a human- land security technology. The SAFETY Act f rights conference in Warsaw—he was beaten guarantees that the best companies with the KAZAKHSTAN’S REGIME SHOULD and a cross carved into his chest by unidenti- best products will come forward with their fied men. technologies and will not sit on the sidelines. FREE JOURNALIST SERGEI The SAFETY Act helps to ensure that the DUVANOV In a statement last week, the Organization for Security and Cooperation in Europe said, most advanced anti-terrorism technology is put ‘‘The pattern of incidents involving Mr. to use as soon as possible to protect Amer- HON. DANA ROHRABACHER Duvanov, their coincidence with his planned ican citizens through four mechanisms: OF CALIFORNIA trips abroad to discuss publicly the situation First of all, the Act limits non-economic IN THE HOUSE OF REPRESENTATIVES in Kazakhstan, and the disputed cir- damages to the percentage of responsibility Thursday, November 14, 2002 cumstances of the latest case trigger con- and limits the award of punitive damages. cerns that these incidents may be politically Second, the Act allows all providers of anti- Mr. ROHRABACHER. Mr. Speaker, the des- motivated.’’ terrorism technology to claim the ‘‘government potic regime in Kazakhstan has imprisoned The U.S. and Europe are increasingly crit- contractor defense.’’ If a contractor or com- one of that country’s best known journalists and human rights activists, Mr. Sergei ical of President Nazarbayev, particularly pany follows the strict specifications set forth regarding a series of attacks on journalists. Duvanov. I have joined a number of Members by the government, then that company will Mr. Duvanov’s beating was the eighth unex- have a government contractor defense as is of the House International Relations Com- plained assault on a local reporter in the commonplace in existing law. mittee in writing a letter to President Bush urg- country this year. The government has de- Third, the Act applies to all providers of anti- ing the Administration to strongly speak to nied any role in the attacks, and last week terrorism technology, whether sold to the Fed- President Nursultan Nazarbayev and his re- Mr. Nazarbayev admonished diplomats in a eral government, state or local government, or gime to release Mr. Duvanov. yearly meeting that he ‘‘categorically re- a private sector entity that deals with the pub- The campaign for the release of Mr. jects recommendations and advice aimed at lic safety. It also requires the companies to Duvanov, who has previously testified before unnaturally speeding up democratic proc- obtain liability insurance coverage. This provi- our International Relations Committee on the esses.’’ sion balances the interests of potential plain- need for human rights in Kazakhstan, has Mr. Nazarbayev’s neighbors also appear in- tiffs and technology companies by requiring been joined by international human rights or- creasingly brash, some analysts say. In that the companies buy the maximum amount ganizations, such as Human Rights Watch Kyrgyzstan, President Askar Akayev has of reasonably available insurance without in- and Amnesty International, as well as by nu- faced a drawn-out test of wills with his polit- curring unreasonable premiums. It is Con- merous Members of the European Parliament. ical opposition since police shot dead six gress’ intent that the insurance that the con- I am including for the RECORD a copy of an demonstrators last March. More recently, tractor must obtain should be reasonably article titled, ‘‘Central Asia Resists Pressure Mr. Akayev said it is time for deeper demo- priced and the Act does not require the pur- From West To Improve Human Rights,’’ that cratic changes, yet critics complain that a chase of insurance that is priced at unreason- appeared in the November 11, 2002 Wall Kyrgyz judge recently overturned an election victory by an opposition figure, saying able or exorbitant levels which would distort Street Journal. I join the many voices of advocates of democracy and human rights from his papers weren’t in order, and gave the tri- the sales price of the technologies. umph to a challenger who received just 19% around the world who strongly urge the imme- Fourth, because any act of terrorism pre- of the vote. sents unknowable risks, liability for all claims diate freedom of Sergei Duvanov. Uzbekistan President Islam Karimov re- against companies that provide anti-terrorism CENTRAL ASIA RESISTS PRESSURE FROM WEST technologies are capped at the amount of the cently used a news conference with United TO IMPROVE HUMAN RIGHTS Nations Secretary-General Kofi Annan to as- companies’ liability insurance coverage re- (By Steve Le Vine) sail critics of his human-rights record. And quired under the Act. We must not allow the ALMATY, KAZAKHSTAN—Several recent in Turkmenistan, the European Bank for Re- litigation fallout from one act of terrorism to steps taken by Central Asian republics sug- construction and Development has blocked bankrupt a company that otherwise could have gest an increasing boldness against Western new loans for public projects because of developed technology that could prevent an- pressure by the region’s autocratic leaders, President Saparmurat Niyazov’s poor record other act of terrorism. This section is modeled most of whom are key U.S. allies in its war on political and economic change. against terrorism, Western officials say. after a similar provision in the Air Transpor- ‘‘The key question is whether Washing- tation Safety and System Stabilization Act. It is Following the Sept. 11, 2001, terrorist attacks, the U.S. began using Central Asia as a ton’s new relationship with these countries the intent of Congress that this provision limit jumping-off point for its war to dislodge the has increased its leverage with them. The the liability for any and all claims as detailed Taliban in neighboring Afghanistan. The tenor of the leaders in the region seems to in the Act. U.S. established military bases in three of indicate it hasn’t,’’ said Anthony Richter, di- Only those technologies designated by the the countries, Uzbekistan, Kyrgyzstan and rector of the Central Eurasia Project at the Secretary of Homeland Security are covered Tajikistan, and obtained Air Force landing New York-based Open Society Institute.

VerDate 0ct<31>2002 03:13 Nov 17, 2002 Jkt 019060 PO 00000 Frm 00034 Fmt 0626 Sfmt 0634 E:\CR\FM\A14NO8.167 E15PT1 November 15, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E2081 SUPPORT OF THE UNIFIED GOV- found in owning their home free and clear of the last ten years the Wyandotte Nation has ERNMENT OF WYANDOTTE COUN- any encumbrances. struggled to successfully defend their rights TY/KANSAS CITY, KANSAS AND The role of the Federal government in this to land which was wrongly taken from them matter is worthy of note. the land claim THE CITY OF EDWARDSVILLE, over a century ago by the United States Gov- stems from an alleged failure of the Federal ernment. We are aware of the generous sup- KANSAS, FOR H.R. 5561 Government in the Treaty of 1855 with the port that you have marshaled in Congress Nation to properly require the sale or ceding and applaud your efforts on behalf of our HON. DENNIS MOORE of all rights in the now disputed 1900 acres. citizens, businesses and local units of gov- OF KANSAS The merits of the claim are before the Court, ernment. IN THE HOUSE OF REPRESENTATIVES and the course of litigation, at a minimum, As elected leaders from Wyandotte County, will be tortuous, lengthy and very expensive the Edwardsville City Council unanimously Thursday, November 14, 2002 before the final chapter is written. The endorsed the proposed Congressional Act to Mr. MOORE. Mr. Speaker, I recently re- United States was a party to this case at its permanently settle this matter and avoid a ceived from Carol Marinovich, the mayor/CEO inception. However, a motion to dismiss as- certain litigation strategy which will be of the Unified Government of Wyandotte serting an immunity defense was quickly both costly to taxpayers and the Wyandotte County/Kansas City, Kansas, a letter in which filed and granted, removing the Federal Gov- Nation. The clouded land title will prevent ernment from the case. The individual home- existing corporations and businesses from she expresses the strong support of their gov- owners, small business and industrial busi- expanding in the Fairfax Industrial District erning body for H.R. 5561, legislation I have nesses were left to absorb the costs of litiga- costing The State of Kansas and Local Units introduced that would settle pending land tion and endure the fear and uncertainty of government millions in revenue. The liti- claims of the Wyandotte Nation in Wyandotte that remains. Except for the legislation in- gation has already prevented one major cor- County, Kansas. Additionally, I received today troduced by Congressman Dennis Moore, no poration from expanding in the Fairfax Dis- correspondence from Edwardsville, Kansas, other representative of the people of Wyan- trict and forced the relocation of over 350 Mayor Luther Pickell strongly supporting H.R. dotte County has taken steps to alleviate employees. We cannot sustain economic 5561. I hope all Members of the House and this burden. The United States government growth in this area without the settlement simply fled from this problem by the most of the land claim. the Senate will review the correspondence expedient means. Your legislation provides for a federal leg- from Mayor Marinovich and Mayor Pickell, The people of Wyandotte County over- islative solution that protects over $2 billion along with the resolutions unanimously adopt- whelmingly support the concept of Class III in taxable real estate investment, saves over ed by the Unified Government’s governing gaming in our community. In a referendum 4000 high salaried jobs for the State of Kan- council and the city of Edwardsville in support held several years ago on the question of sas and finally settles a century old land of this measure, and join with me in endorsing whether casino-style gaming should be con- claim which badly needs to be ended. We this proposal. ducted on the grounds of a local pari-mutuel wish you luck in the closing days of Congress racing facility, 80% of the voters approved. and will assist you by any means necessary UNIFIED GOVERNMENT OF The reasons for this are as varied as the indi- to gain passage of this important act. WYANDOTTE COUNTY/KANSAS CITY, viduals within our community, but would in- Please notify us if we may be of assistance KS, clude generally economic development and in explaining this to any other member of CAROL MARINOVICH, MAYOR/CEO, entertainment. This vote, by the way, oc- the United State Congress. November 14, 2002. curred several years before the litigation was Sincerely, Hon. DENNIS MOORE, filed and was not a factor in anyone’s think- LUTHER PICKELL, Mayor. U.S. House of Representatives, Washington, DC. ing. DEAR CONGRESSMAN MOORE: On November The Nation and Unified Government have, f 5, 2002, the governing body of the Unified through the years, held each other in high Government of Wyandotte County/Kansas CONFERENCE REPORT ON H.R. 4546, regard and esteem. This relationship has, BOB STUMP NATIONAL DEFENSE City, Kansas (‘‘Unified Government’’) unani- however, no doubt been strained by the liti- mously approved Resolution No. R–95–02 gation. Criticism that has found its way into AUTHORIZATION ACT FOR FIS- fully and completely endorsing Congres- the media neither reflects the entire story CAL YEAR 2003 sional approval of H.R. 5561 or similar legis- nor all that has been said. The Unified Gov- lation, permanently settling and releasing ernment has consistently voiced criticism of SPEECH OF all rights and land claims asserted by the the litigation as a means to resolve the un- Wyandotte Nation (‘‘Nation’’) to approxi- derlying issues. Nevertheless, our commu- HON. KEN BENTSEN mately 1900 acres of real estate within our nity and our governing body has just as con- OF TEXAS county. The terms of the Resolution, here sistently supported Class III gaming in our IN THE HOUSE OF REPRESENTATIVES attached, are the clearest expression of the county. We have sought the assistance of our Tuesday, November 12, 2002 governing body’s collective endorsement in Governor and the Kansas Legislature, which support of this legislation. The Unified Gov- have turned away from us on this issue. Con- Mr. BENTSEN. Mr. Speaker, I rise in sup- ernment respectfully requests your affirma- gressional intervention remains the best so- port of the Fiscal Year 2003 Defense Author- tive action in expediting this important leg- lution to this complicated problem. ization Conference Report, legislation which islation. Our county takes its name from the Na- During the last ten years, the Nation and will provide our military forces with the re- tion. The long standing historical connection the Unified Government have struggled to- sources needed to counter threats abroad between us lies no farther than the Huron gether to create an opportunity that mutu- Cemetery across the street from our three while strengthening the security of our home- ally benefits the citizens of both our commu- principal government buildings. Their ances- land. nities. Despite our best efforts in the Kansas tors and ours lay buried together. Many of This conference report provides crucial Legislature and with the Kansas Governor, our current residents claim a common lin- funding in several critical areas, among them: our actions to date have proven fruitless. eage from tribal members that resided here Federal intervention remains the best and weapons procurement, research and develop- before 1855. Notwithstanding the litigation, only viable solution to our problem. ment, operations and maintenance, and efforts The lawsuit, Wyandotte Nation v. Unified resolution of this matter will allow the par- against the proliferation of weapons of mass Government of Kansas City and Wyandotte ties to work cooperatively to see this project destruction. At $393 billion, the conference re- County. Kansas, Case No. 012303–CM to conclusion. For the reasons stated above, I, as Mayor/ port matches the President’s request, and rep- (U.S.D.C., Kan.), now pending before the CEO of the Unified Government, respectfully resents a 13 percent increase over current United States District Court for the District urge Congress to approve H.R. 5561 or similar spending levels. As the largest national de- of Kansas asserts a claim to 1900 acres of legislation to resolve the current litigation. land in the Northeast area of our County. fense budget in inflation-adjusted terms since Sincerely This realty includes the Fairfax Industrial fiscal year 1990, this conference report con- CAROL MARINOVICH, area, with major industries such as General fronts the changing security environment faced Mayor/CEO. Motors, Owens-Corning and International by our country and helps our armed services Paper Corporation, as well as numerous in coping with the new challenges facing them. other industries, large and small. Equally CITY OF EDWARDSVILLE, I believe this legislation will provide the appro- important and perhaps more compelling, the EDWARDSVILLE, KS, priate budgetary foundation to allow the Presi- lawsuit’s boundaries include many indi- November 14, 2002. dent and Congress to pay for the war on ter- vidual homeowners who have expressed fear Hon. DENNIS MOORE, rorism as well as fulfill critical military needs at the prospect of losing their homes. The ti- U.S. House of Representatives, tles to all these properties are encumbered Washington, DC. that may arise. by this lawsuit. The cloud on their owner- DEAR CONGRESSMAN MOORE: Congratula- Our military forces are today called upon to ship affects the ability to purchase and sell, tions on your successful re-election to the confront a host of wide-ranging challenges refinance, borrow and enjoy the security third District of Kansas. As you know during across every continent and hemisphere of the

VerDate 0ct<31>2002 03:13 Nov 17, 2002 Jkt 019060 PO 00000 Frm 00035 Fmt 0626 Sfmt 9920 E:\CR\FM\A14NO8.169 E15PT1 E2082 CONGRESSIONAL RECORD — Extensions of Remarks November 15, 2002 world. This conference report will ensure that areas must be closely considered. The loss of CELEBRATING 30 YEARS OF QUAL- our military remains the best-trained, best- a military base can prove potentially dev- ITY IN FEDERAL PROCUREMENT equipped, and best prepared force to continue astating for defense-dependent local econo- confronting these evolving challenges. To that mies, such is the case in my home state of HON. TOM DAVIS end, I am pleased that this legislation author- Texas. Not only that, but in many cases, the OF VIRGINIA izes an across-the-board 4.1 percent pay in- additional level of disaster and emergency as- crease, along with targeted increases of up to sistance provided by nearby military facilities IN THE HOUSE OF REPRESENTATIVES 6.5 percent for N.C.O.s and officers. This rep- can prove extremely helpful to local commu- Thursday, November 14, 2002 resents the fourth largest increase for military nities. As such, I believe the DoD and Con- Mr. TOM DAVIS of Virginia. Mr. Speaker, on personnel since 1982. In addition, this legisla- gress should be cautious and prudent in plan- Sunday, October 27, a milestone in Federal tion also includes provisions for improvements ning the closure of bases that will be carrying procurement was observed. That day marked to health care and education for our service our military’s mission in the coming months the 30th anniversary of President Nixon’s sign- members, provisions I consider crucial to in- and years. ing of the ‘‘Brooks Act’’ qualifications based creasing the recruiting and retention rates of While I have concerns about these provi- selection (QBS) process into law as Public highly qualified military personnel. sions, I strongly support this Conference Re- Law 92–582. As a member of the House Budget Com- port because it is important Congress speak mittee, I have fought to recognize the immeas- This law, which prescribes the process by with one voice in support of our armed serv- which Federal agencies select contractors for urable contributions of America’s disabled vet- ices. On balance, the initiatives included in erans by being a strong proponent for concur- architecture, engineering and related services this bipartisan legislation are appropriate, and (‘‘A/E services’’), is codified in 40 USC 541 et. rent receipt. I believe disabled military retirees will provide our dedicated men and women in deserve both disability and retirement benefits, sq. for civilian agencies and, by reference, uniform with the necessary resources to cope also applies to military agencies (10 USC therefore I am pleased that this defense au- with the demanding security challenges facing thorization changes current law to allow vet- 2855). Regulations implementing the law are our nation. I urge my colleagues to vote in found in part 36 of the Federal Acquisition erans who earned a Purple Heart or who suf- support of this important legislation. fered a severe injury in a combat-related inci- Regulations. Named for its sponsor, our respected former dent to receive both retirement and disability f benefits. Although this provision targets only colleague, the Honorable Jack Brooks of those specific veterans who are 60 percent HONORING THE OPENING OF THE Texas, the Brooks Act provides for selection of disabled and I believe this benefit should be EAGLE ROCK ART MUSEUM IN firms for A/E services on the basis of dem- extended to additional veterans, I find this leg- IDAHO FALLS, ID onstrated competence and qualifications, with islation a good first step in the right direction negotiation of a fee that is fair and reasonable and urge my colleagues to continue sup- to the government. porting further efforts expanding concurrent re- HON. MICHAEL K. SIMPSON Agencies publicly announce their require- ceipt coverage in the future. OF OHIO ments for A/E services, firms submit their This conference report provides $7.3 billion IN THE HOUSE OF REPRESENTATIVES qualifications (including resumes of personnel, past performance, experience and back- to support DoD efforts to combat global ter- Thursday, November 14, 2002 rorism, including funds for counterterrorism, ground), agencies review the competing firms’ force protection, counter-intelligence, and anti- Mr. SIMPSON. Mr. Speaker, I rise today to qualifications, a short list of most qualified terrorism programs. To guard against the honor the beauty and value of persistence. firms is established and agencies conduct threat weapons of mass destruction pose to Ten years ago, a group of artists along with interviews, and the most qualified firm is se- the United States, this report authorizes $993 the Mayor and City Council of Idaho Falls had lected for specific contract negotiations of the million for advanced chemical-biological detec- the idea of creating an area art museum. This precise scope of services to be performed and tion, protection, and decontamination pro- huge undertaking would take thousands of vol- negotiation of a fee that is ‘‘fair and reason- grams, $148.2 million for biowarfare defense unteer hours and many fundraising efforts to able to the government’’ based on the govern- technology, and $416.7 million funding efforts become a reality. Today, I’m proud to say ment’s own estimate of the project cost. securing weapons of mass destruction and through the hard work of those dedicated vol- QBS has been a trendsetter. When it was dismantling their facilities in the former Soviet unteers and public servants, the Eagle Rock enacted in 1972, the QBS law was a radical Union. With respect to homeland defense, this Art Museum opened its doors. exception to the government’s overwhelming legislation will require the DoD to work with The Eagle Rock Art Museum showcases reliance on awarding contracts based on the the Department of Homeland Security and eastern Idaho artists. As someone who occa- lowest bidder. Indeed, QBS was a precursor other federal agencies to share promising new sionally dabbles in artistic endeavors, I value to the trend that came in the 1990s to migrate technology, as well as assist local ‘‘first re- the cultural significance art plays in our soci- from lowest bid to best value procurement. sponders’’ improve their ability to respond to ety. Visitors to this wonderful facility can now Moreover, contractors’ past performance is a domestic terrorist actions. marvel at stone sculptures, oil and watercolor major factor in the evaluation and selection While I will vote in support of this legislation, pictures, tiles painted by children and other process—again something used in A/E con- I have concerns regarding the process of base compelling works of art. Children can enter the tracting since 1972, but which became com- closures. With regard to base closures, I am doors of the Eagle Rock Art Museum and be monplace in other areas of Federal procure- concerned that language contained in this de- inspired by the work it showcases. There’s ment in the 1990s. fense authorization would allow base closures even a children’s art gallery to display the The Federal government annually spends to take place without adequate consultation work of our youngest citizens. billions of dollars on construction of facilities with Members of Congress and affected com- In civilization, art transcends age. The works and has capital assets of hundreds of billions. munities. While I have a consistent record of of Michelangelo, Leonardo DaVinci, Claude This investment is highly dependent on A/E supporting cost-savings in all areas of the fed- Monet and modern day artists like Norman services for feasibility studies, design, oper- eral budget, I do not believe another round of Rockwell breathe light into culture. The works ation and maintenance. It has been said that base closures should be conducted until the of artists live on forever through museums like A/E services accounts for less than 1/10th of DoD makes a thorough evaluation as to the Eagle Rock Art Museum. I’m proud of the 1 percent of the life-cycle cost of a facility, but whether its current infrastructure is in a posi- community of Idaho Falls for working to make the quality of the A/E services performed de- tion to cope with the changing security envi- the Eagle Rock Art Museum a reality. The termine what the life cycle cost will be. ronment. The threats facing our nation require selfless efforts of many illustrate the powerful The wisdom of Congress in passing, and that infrastructure on the local, state, and cer- principle of working together for a common President Nixon in signing, the ‘‘Brooks Act’’, tainly the federal level be prepared and ade- cause. I compliment Idaho Falls Mayor Linda and of Congress in preserving this law for the quate to confront any possible scenarios. Due Milam, Council members Ida Hardcastle and past 30 years, has provide the American pub- to language that would require 7 of 9 mem- Mel Erickson, artists Gloria Miller Allen and lic with quality, cost effective and efficient A/E bers of the Defense Base Closure and Re- John Griffith and the hundreds of other artists, services on projects that stand the test of alignment Commission (BRAC) approve any individuals, and businesses that helped create time. base closure, I strongly encourage the DoD to the art museum. Thanks to their efforts gen- The wisdom of the law is also demonstrated consult closely with Members of Congress. I erations of Idahoans will have a lasting appre- by the degree to which it has been emulated. believe the concerns of potentially affected ciation for the importance of art in our world. The QBS process is included in the Model

VerDate 0ct<31>2002 03:13 Nov 17, 2002 Jkt 019060 PO 00000 Frm 00036 Fmt 0626 Sfmt 9920 E:\CR\FM\A14NO8.173 E15PT1 November 15, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E2083 Procurement Code for State and Local Gov- NATIONAL GUARD TROOPS As William Jennings Bryan said, ‘‘Destiny is ernment written, published, endorsed and ad- not a matter of chance, it is a matter of vocated by the American Bar Association, and HON. GIL GUTKNECHT choice. It is not a thing to be waited for, it is the process has been enacted in ‘‘min-Brooks OF MINNESOTA a thing to be achieved.’’ Americans have a Act’’ statutes by more than 30 State Legisla- IN THE HOUSE OF REPRESENTATIVES history of choosing their destiny. We will con- tures. As a local government official, I can per- Thursday, November 14, 2002 tinue to do so, because that is who we are. sonally attest to the value of this process in We must, and we will, continue to achieve projects ranging from design of schools to Mr. GUTKNECHT. Mr. Speaker, on Sep- this victory for the people of the United States hazardous waste site remediation, from water tember 11, 2001, our generation met its chal- and for all civilized, peace-loving people and wastewater facilities to geographic infor- lenge. The attacks against innocent Americans around the world. There will be a price. The mation systems (GIS) for growth management were acts of war. We are still fighting that war. blood and treasure of our nation will be in- and transportation planning. Carl von Clausewitz said that the goal of any vested. The leadership, resources and unwav- military encounter is to destroy the enemy’s Today, Americans have the cleanest water, ering courage of the United States are critical will to fight. We still have work to do. in this struggle. We shall not falter, we will rise the safest and most attractive and functional But at home we have come far. We have to the challenges. And, in the end, we will public buildings, the most accurate maps, the buried our dead. We have comforted our leave to future generations a safer planet be- safest roads, and many other aspects of the wounded. We have rebuilt the Pentagon. New cause we never failed to defend the freedom quality of life and our built environment be- York is being rebuilt. We have gained a re- cause of the work of professional architects, solve and determination to go on. We will con- we cherish. We will continue to practice what engineers, surveyors and mappers who have tinue to be the shining beacon of liberty. We we preach. worked on Brooks Act contracts. It is improtant are willing to bear the price of defending the God Bless America. that Congress pause at this moment to reflect principles of freedom, justice and honor. We f on the success of this law. It has provided are Americans, and proud to be so. UNINTENDED CONSEQUENCES enormous benefits and effectiveness, and paid Generations of Americans have followed the huge dividends to the taxpayers of our Nation. wisdom of President Theodore Roosevelt Mr. Speaker, the Brooks Act has enjoyed when he said, ‘‘In any moment of decision, the HON. RON PAUL wide bipartisan support over the years. This is best thing you can do is the right thing. The OF TEXAS a law that works. I congratulate our Nation’s worst thing you can do is nothing.’’ IN THE HOUSE OF REPRESENTATIVES architects, engineers, surveyors and mapping From the Barbary Coast to the streets of Thursday, November 14, 2002 Kabul, Americans have always sought to do professionals who have completed millions of Mr. PAUL. Mr. Speaker, government efforts what is right. We have never given way to dollars worth of projects as contractors to gov- at benevolence always backfire. Inevitably, un- despots and madmen in the name of artificial ernment agencies, as well as the dedicated intended consequences overwhelm the short- peace. More than 48 million men and women public servants in the design professions who term and narrow benefits of authoritarian pro- have been responsible for awarding these have served in our armed forces to do the right thing. grams designed to make the economic system contracts and performing the inherently gov- fair, the people morally better, and the world ernmental responsibilities for oversight of that The sacrifice of Americans who left their homes and lives for the cause of justice safe for democracy. One hundred years of in- work. The Brooks Act fosters a true public-pri- tense government ‘‘benevolence’’ in the United vate partnership that should stand as a model across the globe is a testament to what is good and right about our great nation. Be- States has brought us to the brink of eco- for how government and the private sector can nomic collapse, a domestic police state, and work together to build a better America. cause of Americans, Europe was liberated from a madman. Because of Americans, Com- perpetual war overseas. And now our obsession with conquering and occupying Iraq is f munism is left to the ash heap of history. Be- cause of Americans, little girls are going to about to unleash consequences that no one CONGRATULATING DONALD EU- school in Afghanistan. can accurately foresee. The negative possibili- GENE ARCHEY AND REVEL Today I honor those Americans who ties are unlimited and the benefits negligible. (MOORE) ARCHEY ON THE OCCA- stepped in to secure our domestic defenses Some have warned that the planned pre- SION OF THEIR 50TH WEDDING during a time of great uncertainty. The brave emptive invasion of Iraq could prove so desta- ANNIVERSARY men and women of the National Guard. As ac- bilizing to the region and the world that it lit- tive duty troops were deployed, the men and erally could ignite a worldwide conflict big women of the National Guard dropped what enough to be called World War III. Nuclear ex- HON. PATRICK J. TIBERI they were doing and answered their call to changes are perhaps even more likely to OF OHIO duty. Careers were put on hold, families part- occur under the conditions of an expanded Middle East war than they were at the height IN THE HOUSE OF REPRESENTATIVES ed with a loved one, sacrifices were made to secure our nation. of the Cold War, when the Soviets and U.S. Thursday, November 14, 2002 Guard members from Minnesota have had literally thousands of nuclear weapons served in every major conflict since its incep- pointed at each other. If we carry out our Mr. TIBERI. Mr. Speaker, I rise today to threats to invade and occupy Iraq, especially honor Mr. Donald Eugene Archey and Mrs. tion more than 360 years ago. More than 150 Minnesota National Guard soldiers were called if we do so unilaterally, the odds are at least Revel (Moore) Archey. Don and Revel met 50–50 that this worst case scenario will result. when Don accompanied his father to deliver a to duty following the September 11 attacks. I am especially grateful to the National The best-case scenario would be a short wagonload of firewood to the Moores. They Guard soldiers of Company B, Second Bat- war, limited to weeks and involving few Amer- were married on November 27, 1952 in talion of the 135th Infantry. These soldiers ican and Iraqi civilian casualties. This, in com- Catlettsburg, Kentucky and shortly after performed special duties at the Rochester bination with a unified Iraqi welcome, the plac- moved to Columbus, Ohio. Since 1977, Don International Airport. During a time of crisis, ing into power of a stable popular government and Revel have lived in Delaware County, they stepped up to join that long grey line. that is long lasting, contributing to regional sta- Ohio. That line that has never failed us. bility and prosperity, and free elections, just is Don recently retired from his sole-proprietor- Thank you First Sergeant Thomas L. what our planners are hoping for. The odds of ship corporation, Don’s Road Oiling. For more Butterfield, Sergeant Samuel M. Adjei, Ser- achieving this miraculous result are probably than 40 years he was the owner, president, geant First Class Jason R. Schweitzer, Spe- one in 10,000. and often the only employee. Revel and Don cialist Jason A. Cox, Specialist Benjamin R. More likely, the consequences will be se- have seven children: Deborah, Stanley, Libby, Jech, Specialist Jacob R. King, Staff Sergeant vere and surprising and not what anyone Elisa, Gayla, Tawnya, and Jonathan. They are Troy D. Landsverk, Sergeant William M. planned for or intended. It will likely fall some- the proud grandparents of Jason, Zachary, Olson, Sergeant Timothy A. Patterson, Ser- where between the two extremes, but closer Joel, Jairica, and Eli. geant Daniel J. Prescher, Specialist Brandon to the worst scenario than the best. Fifty years of marriage is certainly an occa- L. Riggs, Sergeant Scott J. Saltou, Sergeant There are numerous other possible con- sion worthy of celebration and recognition. I Matthew Swiger, and Specialist Benjamin W. sequences. Here are a few worth contem- congratulate Revel and Don for this wonderful Teed. plating: achievement, and wish them many more years These soldiers deserve our respect and our No local Iraqi or regional Arab support ma- of happiness together. gratitude. terializes. Instead of a spontaneous uprising

VerDate 0ct<31>2002 03:13 Nov 17, 2002 Jkt 019060 PO 00000 Frm 00037 Fmt 0626 Sfmt 9920 E:\CR\FM\A14NO8.175 E15PT1 E2084 CONGRESSIONAL RECORD — Extensions of Remarks November 15, 2002 as is hope, the opposite occurs. The Iraqi citi- dence that our current efforts will lead to more this to continue, with an explosion in member- zens anxious to get rid of Hussien join in his stability. Promoting democracy, as it’s said ship and a negative impact around the world. defense, believing foreign occupation and con- we’re doing, is a farce. If elections were to Our attack will confirm to the doubters that bin trol of their oil is far worse than living under occur in most of the Arab countries today, Laden was right in assessing our desire to the current dictator. Already we see that sanc- Osama bin Laden and his key allies would control the Middle Eastern resources and dic- tions have done precisely that. Instead of win. Besides, it seems we adapt quite well to tate policy to the entire region while giving blaming Saddam Hussien and his dictatorial working with military dictators that have ousted support to Israel over the Palestinians. regime for the suffering of the past decade, elected leaders, as we do in Pakistan by re- Our very weak economy could easily col- the Iraqi people blame the U.S.-led sanctions warding their cooperation with huge subsidies lapse with the additional burden of a costly and the constant bombing by the U.S. and and future promises. war. War is never a way to make the people British. Hussien has increased his power and In the chaos that may erupt, several coun- of a country better off. It does not end reces- the people have suffered from the war against tries might see an opportunity to move on their sions, and is much more likely to cause one Iraq since 1991. There are a lot of reasons to neighbors. Already we have been warned that or make one much worse. A significant war believe this same reaction will occur with an cooperation from Russia means no American will cause revenues to decrease, taxes to in- escalation of our military attacks. Training dis- criticism or resistance to its moves in Georgia crease, inflation to jump, encourage trade sidents like the Iraqi National Congress will or Chechnya. China could attack Taiwan. wars, and balloon the deficit. Oil prices will prove no more reliable than the training and North Korea could renew its struggle against soar and the dollar will retreat ever further. the military assistance we provided in the 70’s South Korea. India may see this as an oppor- Already we’re hearing demands for a mili- and the 80’s for Osama bin Laden and Sad- tunity to settle the Kasmir dispute with Paki- tary draft to be instituted for both men and dam Hussien when they qualified as U.S. ‘‘al- stan—with the real risk of nuclear war break- women. I see that coming, and it will serve as lies.’’ ing out. It seems the obsession about Iraq’s another source of domestic friction as our Pre-emptive war against Iraq may well improbable possession of nuclear weapons far economy deteriorates and unemployment prompt traditional enemies in the regions to exceeds the more realistic possibility that our rises. Under these conditions the standard of create new alliances, as the hatred for Amer- pre-emptive strike against Iraq may precipitate living for all Americans is destined to go down. ica comes to exceed age-old hatreds that a nuclear exchange between these two coun- This war, if of any significant duration, in time will be seen as a Republican war plain caused regional conflicts. Iraq already has tries, or even a first strike with nuclear weap- and simple. Along with a weak economy, it made overtures and concessions to Iran and ons by Israel against Iraq. Kuwait, with some signs of conciliation being Expect Israel to use the chaos to further could easily usher in a ‘‘regime change’’ here shown by both sides. Total domination of the promote their occupation and settlements in in the United states. The conditions may justify entire Persian Gulf and Caspian Sea regions the Palestinian homeland and possibly even in a change in leadership, but the return of con- by the U.S. will surely stir survival instincts in Lebanon. Israel’s possession of nuclear weap- trol to the opposition party will allow them to these countries as well as in Russia. As the ons in a period of outright war will surely serve use the opportunity to promote their domestic balance of power continues to shift in the to intimidate her neighbors and intensify her liberal agenda and socialize the entire econ- U.S.’s favor, there will be even more reasons efforts to further expand the Israeli homeland. omy. for countries like China and Pakistan to se- If massive Iraqi civilian casualties result, as The net result, regardless of the size and cretly support the nations that are being sub- indeed is possible though not deliberate, ex- duration of the coming war, will be that the jected to U.S. domination in the region. The pect more worldwide condemnation and even people of the United States will be less free U.S. will never have a free ride in its effort to a U.N. resolution condemning what others will and much poorer. The bigger the war, the control the entire world’s oil supply. Antag- call American War Crimes. Our refusal to be greater will be the suffering. onisms are bound to build, and our ability to subject to the International Criminal Court, f finance the multiple military conflicts that are while demanding other be tried in the court, IN HONOR OF THE CONGRES- bound to come is self-limited. will never sit well with the world community. SIONAL CAREER OF CONGRESS- The Kurds may jump at the chance, if chaos Our position is a far cry from what it ought to MAN BOB CLEMENT ensues, to fulfill their dream of an independent beldemanding national sovereignty while Kurdish homeland. This, of course, will stir ire promoting neutrality and friendship with all na- of the Turks and the Iranians. Instead of sta- HON. JERRY F. COSTELLO tions. OF ILLINOIS bility for northern Iraq, the war likely will pre- Our own CIA has warned that war with Iraq IN THE HOUSE OF REPRESENTATIVES cipitate more fighting than the war planners will more likely cause Saddam Hussien to use ever imagined. Delivering Kurdish Iraq to Tur- any massively lethal weapons that he might Thursday, November 14, 2002 key as a prize for its cooperation with our war have than if we don’t attack him. Also, they Mr. COSTELLO. Mr. Speaker, I rise today to plans will not occur without a heated and warned that the likelihood of al Qaeda attacks pay tribute to a great friend, our colleague deadly struggle. Turkey is already deeply con- on our own soil will increase once an invasion BOB CLEMENT, who is completing a distin- cerned about the prospect for Kurdish inde- begins. This, of course, could a wave of well- guished 14-year career in the House of Rep- pendence, and only remains loyal to America placed snipers around the United States. resentatives. BOB and I both began our serv- because U.S. taxpayers are forced to sub- It is now admitted that over 150,000 U.S. ice after special elections in 1988, and we sidize an already depressed Turkish economy servicemen are suffering from Persian Gulf have served together on the Transportation caused by our Iraqi policies. More money will War Syndrome as a result of the first Persian and Infrastructure Committee. I have had the pacify for a while, but either frustration with Gulf War. Our government would like to ignore chance to get to know his wife Mary and their the perpetual nature of the problem or our in- this fact, but a new war literally could create children, and I wish them all the best as they ability to continue the financial bailout will lead an epidemic of casualties of the same sort, begin this new phase of their lives. Turkey to have second thoughts about its obe- since the exact etiology is not completely un- BOB CLEMENT has upheld a fine family tradi- dience to our demands to wage war from their derstood. The number of deaths and injuries tion of public service, following the example of country. All of this raises the odds that Islamic that might occur from an occupation of Iraq is his father, who served as Governor of Ten- radicals will once more take control of the unknown, but conceivably could be much nessee. BOB served in the Army and the Ten- Turkish government. These developing condi- higher than anyone wants to imagine. nessee Army National guard, was elected to tions increase the odds of civil strife erupting Anti Americanism now seeping the world will the Public Service Commission and later ap- in Turkey. significantly increase once we launch our at- pointed by President Carter to the Tennessee Islamic fundamentalism in the entire region tack. Already we have seen elections swayed Valley Authority Board of Directors. After suc- will get a shot in the arm once the invasion of in Europe, Turkey, and Pakistan by those un- cess in the private sector, he became presi- Iraq begins, especially in Saudi Arabia, friendly to the United States. The attitude that dent of Cumberland University. BOB carried all Yemen, and Turkey. Our placing the Shah in the world’s ‘‘King of the Hill’’ must be brought of these experiences to Congress, working power in Iran in the 1950’s was a major rea- down will escalate, especially if the war goes hard on behalf of our nation’s veterans, par- son that the Ayatollah eventually made it to poorly and does not end quickly with minimal ticularly on Gulf War Syndrome issues, and fo- power in the late 1970’s—a delayed but nev- civilian deaths. cusing on the transportation needs of the ertheless direct consequence of our policy. Al Qaeda likely will get a real boost in mem- country. He served as co-chair of the House Balance of power in this area of the world has bership once the war breaks out. Membership Education Caucus and passed legislation always been delicate, and outside interference is already pervasive throughout the world with- dealing with the increasing problem of identity serves only to destabilize. There’s no evi- out any centralized control. We should expect theft.

VerDate 0ct<31>2002 03:13 Nov 17, 2002 Jkt 019060 PO 00000 Frm 00038 Fmt 0626 Sfmt 9920 E:\CR\FM\A14NO8.179 E15PT1 November 15, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E2085 While his legislative accomplishments are Kingsboro, Kings County, Brookdale and Park, Illinois. I take great pride in expressing substantial, BOB may be best remembered for SUNY Downstate Medical Center have col- my delight and heart felt congratulations as we the manner in which he achieved them. Ever lectively become an important developable site in the Brooklyn Federal Empowerment commemorate the 100th Anniversary of the the southern gentleman, BOB CLEMENT has Zone Plan. With Owens, Herb shares the Village of Oak Park. defined comity during an increasingly partisan dream of a Clarkson Avenue area where the Historically, Oak Park is a community in the era. He worked well across the aisle and I threat of homeless shelters and detention Chicago area that has made significant con- hope we can keep his collegial spirit alive de- centers will cease to exist because all avail- spite his absence. In this way, BOB has truly able space is occupied by health care related tributions to diversity and is a model for other left his mark on this institution, and it is with- organizations. Facilities for computer re- emerging American communities. Since the out doubt a better place for his having been lated health occupations training; a high 1960’s Oak Parkers have seriously planned here. school for health care careers; a medical sup- for the evolution and development of their Mr. Speaker, I know all of our colleagues ply shopping mall; offices for doctors and community. The Village of Oak Park has re- therapists; these are a few of the dreams will join me in thanking BOB CLEMENT for his that may be turned into brick and mortar refused to maintain itself as a status quo neigh- friendship and his dedicated service to the alities. Yassky is an advocate and a planner borhood in the Chicago area. The integration United States of America. Knowing BOB, his who attends to the details and makes great of black and white residents has been a key long, exemplary career will not end here. I things happen. component in the development of this unique look forward to the next chapter. Because he is a tireless Champion for neighborhoods. As the community began to f Health Care and Human Life, the people of change, the Village government took action by Central Brooklyn are proud to salute Herb HERB YASSKY Yassky for his Lifetime Struggle and enacting an Open Housing Ordinance in 1968, Achievement. a statement supporting integrated housing. In 1973 Village Trustees created a policy state- HON. MAJOR R. OWENS f ment, ‘‘Maintaining Diversity in Oak Park.’’ OF NEW YORK CONGRATULATING THE SOUTH- These policies created the building blocks for IN THE HOUSE OF REPRESENTATIVES WEST GEORGIA REGIONAL PUB- a community now designated an ‘‘All American Thursday, November 14, 2002 LIC LIBRARY SYSTEM City.’’ Mr. OWENS. Mr. Speaker, during the 106th Revolutionary action was taken by the Vil- Congress, the following statement was sub- HON. SANFORD D. BISHOP, JR. lage and initiated during a time when visible mitted for entry into the RECORD but was inad- OF GEORGIA racial transformation was needed throughout vertently lost. It is imperative that I re-submit IN THE HOUSE OF REPRESENTATIVES Chicago neighborhoods. Based on the initia- this tribute to an outstanding American Point- November 14, 2002 tives of the Village of Oak Park, it has become of-Light. the home of people from various occupations, Mr. BISHOP. Mr. Speaker, the Southwest HERB YASSKY: A POINT-OF-LIGHT FOR ALL professions, ages, and income levels. AMERICANS Georgia Regional Public Library System, the Oak Park has produced a number of nota- Herb Yassky sometimes seems to be climb- sole library provider for the 44,000 residents of ing perpetually uphill with his efforts to Decatur, Miller and Seminole counties, is a re- ble people who have made significant con- bring medical supplies and equipment to cipient of the National Award for Museum and tributions to our world in their receptive fields Haiti and other underdeveloped countries. Library Services, which is recognized as the of endeavor. To name just a few, in literature, The problems multiply and the disappoint- highest honor that can be earned for commu- Ernest Hemingway, and Carol Shields who is ments mushroom but Herb toils on in his al- nity service by the nation’s 122,000 libraries one of the finalists for the Man Booker Prize most singlehanded effort. He refuses to sur- and 15,000 museums. for literature this year. Percy Lavon Julian, an render when a container of hospital supplies The Institute of Museum and Library Serv- is stuck on the docks of Port-au-Prince be- African American Research Chemist whose cause there is no money to pay for transpor- ices, which sponsors the award program, research led to discoveries in drug manufac- tation and the added cost of storage. Because could not have made a more worthy choice. turing, hormones, vitamins, amino acids, paint, he is quietly stubborn and intensely compas- The Southwest Georgia Regional System, and paper, Carl Rogers in psychotherapy, sionate about his mission, Herb finds a way often partnering with other community organi- other of its better known have been Edgar to deliver his vitally needed goods. In his zations, reaches out in innovative ways to Rice Burroughs of Tarzan fame, residents are spare time, as a volunteer, Herb has sent serve a widely dispersed population in the cit- more than fourteen forty-foot containers of Ray Kroc in fast food restaurants, and Frank ies and rural areas it serves, including initia- Lloyd Wright an architectural genius, who has supplies to not-for-profit institutions over- tives to raise the educational levels of low-in- seas. This represents just one of many causes designed many of the world’s most famous come families. The system sponsors literacy in the mosaic of Herb Yassky’s Lifetime structures and buildings, many of which are a programs, provides full access to the World Struggle and Achievement. part of Oak Park’s visible legacy. There is A New Yorker by birth, Herb Yassky at- Wide Web, and maintains close, ongoing sup- tended Stuyvesant High School, earned a port for schools and social service organiza- great need to maintain and commemorate the Bachelor of Arts degree from New York Uni- tions. Utilizing a state-of-the-art bookmobile, cultural richness and diversity of this unique versity, studied Business Administration at the system makes books available to schools, village. Columbia University and became an execu- nursing homes, and community centers. It pro- The Gale Research Center of the Historical tive in the electronics industry. He has served on the Board of the Shorefront YM– vides special services for the handicapped. It Society is a research center, which is a repos- YWHA, the Board of Brooklyn Jewish Hos- sponsors historic projects and programs. In itory of photos, publication, and artifacts that pital and many civic organizations. Pres- many different ways, it is helping raise the highlight the community’s history. Com- ently he serves as a Trustee of the quality of life throughout a widespread area of plimented by this are exhibits and special pro- Kingsbrook Jewish Medical Center and as southwest Georgia. grams that assist in public education. Oak President of the Rutland Nursing Home. Mr. Speaker, I rise to congratulate the peo- Joining him in his generous contributions to Park can proudly boasts of the Oak Forest ple who make the Southwest Georgia Re- River Forest Public H.S. and Fenwick H.S. an the community is his wife, Paula. gional Library System one of the country’s Moved by the plight of poverty in Haiti, as outstanding Catholic Parochial School. Cen- very best. well as other third world nations, Mr. tennial celebrations mark the communities ef- Yassky founded ‘‘Medical Aid for Haiti’’ and f fort to proclaim and instill the historical legacy for years worked closely with the New York of the Village of Oak Park. The advocacy of Consul General, Phillipe Wilson Desir. The THE VILLAGE OF OAK PARK’S two of them teamed up for radio and tele- CENTENNIAL ANNIVERSARY community members has been instrumental in vision programs to make the public aware of nurturing the excellence of Oak Park and in the vital need for help in Haiti. HON. DANNY K. DAVIS helping to shape public policy. There is vir- Herb Yassky presently serves as Chairman tually no issue that I don’t hear from someone OF ILLINOIS of the 11th Congressional District Health in Oak Park about. Mr. Speaker, I believe that IN THE HOUSE OF REPRESENTATIVES Care Advisory Committee where he works the Village of Oak Park is one of the most fas- with Congressman Owens to expand his quest Thursday, November 14, 2002 for adequate health care for all. Under Herb’s cinating communities in our country and I leadership the hospitals of the Central Mr. DAVIS of Illinois. Mr. Speaker, I rise commend them as they celebrate their centen- Brooklyn Medical Complex-Kingsbrook, today to pay tribute to the Community of Oak nial anniversary.

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COMMEMORATING THE RETIRE- lege in San Diego, he returned home and re- freshman DAN MILLER and I share the unique MENT OF CONGRESSMAN STEVE ceived a masters and Ph.D. from the Univer- bond of having been together on Air Force HORN, CALIFORNIA 38TH DIS- sity of Notre Dame. He has dedicated his life One on September 11, 2001. I shall always TRICT to public service not only through his term as remember and cherish his encouragement, a U.S. Representative, but also through his fortitude and calm in the face of the terrorist HON. JUANITA MILLENDER-McDONALD time with former 3d District Representative attacks that shook our country that day. AN OF CALIFORNIA John Brademas and Arizona Senator Dennis God bless you D and Glenda, I want to assure you that, while you may be retiring IN THE HOUSE OF REPRESENTATIVES DeConcini. In his tenure in Congress, TIM served as from Congress, your friends and colleagues Thursday, November 14, 2002 Co-Chairman of the New Democratic Coali- recognize that the good work you have done Ms. MILLENDER-McDONALD. Mr. Speaker, tion. While being a staunch believer in bal- here and for our great State of Florida will I rise this evening to pay tribute to a dynamic ancing the federal budget, he fought endlessly continue. Member of this institution who will be retiring to support legislation that would improve the f at the end of the 107th Congress. quality of education received by all children in IN RECOGNITION OF A LIFETIME STEVE HORN came to Congress with a dis- our country. TIM was a strong advocate of fed- OF DEDICATION tinguished record. First serving as a political eral special education funding and supported appointee in the Eisenhower Administration, innovative programs like Ameri-Corp, Transi- and then working for Senator Thomas P. tion to Teaching, and charter schools. As a HON. MIKE ROSS Kuchel, he came to this body with keen polit- strong supporter of the war on terrorism, OF ARKANSAS ical savvy and a mind focused on service to through his work on the Select Intelligence IN THE HOUSE OF REPRESENTATIVES the American people. Committee, he called for efforts to better se- Thursday, November 14, 2002 During his tenure as a legislative assistant cure the American homeland and prevent fu- Mr. ROSS. Mr. Speaker, I rise today to rec- in the Senate, he made valuable contributions ture terrorist attacks. ognize an individual from my district who pro- to the Civil Rights Act of 1964 and the Voting I have had the pleasure and privilege of vides quite an inspiration for each and every Rights Act of 1965. knowing and working with TIM for just over a one of us on how to live, and how to work. Shortly after being named in 1986 as ‘‘one decade. I do not expect his retirement from J.E. Dunlap, Jr. is editor, publisher, and re- of the 100 most effective college presidents in elective office to end either his public service porter for the Harrison Daily Times. At age 80, the United States’’ given his work at California or his significant contributions to our Nation. In he continues to cover sports and other events State University, Long Beach, he began his fact, I have every expectation that TIM ROE- and writes weekly articles for the paper. Ac- tenure as the Trustee Professor of Political MER will continue to be an active, thoughtful, cording to co-workers, he has an uncanny Science at the same university. and valuable contributor to public debate on ability to just glance at a page of the paper I have had the pleasure of working with critical national issues. I wish him and his fam- before it is printed, and locate errors imme- Congressman HORN for over six years as a ily the best. diately. member of the Committee on Transportation f Mr. Dunlap knows how to change with the and Infrastructure, where I always found his times. He was instrumental in converting early insights thoughtful, his skills as a legislator fo- HONORING REPRESENTATIVE DAN MILLER OF FLORIDA UPON THE typeset and printing facilities to modern press cused and effective, and his care for his con- and computer equipment. He continues to stituents genuine. OCCASION OF HIS RETIREMENT FROM CONGRESS work today with modern typeset computers, a In 1998, the Congressman and I worked to- laptop, and email. gether on the Transportation Equity Act for the He has received numerous journalism 21st Century)—also known as TEA–21. Since HON. ADAM H. PUTNAM awards including the Distinguished Service then, we have worked together to integrate the OF FLORIDA Award presented by the Arkansas Press Asso- interests of our nation’s ports with the sur- IN THE HOUSE OF REPRESENTATIVES ciation and he was nominated for the Pulitzer rounding communities, made steps to address Thursday, November 14, 2002 Prize, twice. In addition, he was cited by the air quality concerns in these facilities, and Social Security Administration for effective and Mr. PUTNAM. Mr. Speaker, I rise today to most recently, worked together in a bi-partisan continued public service for keeping the public honor my retiring friend and colleague on the fashion to ensure the security of the Ports of fully informed on Social Security issues. He Government Reform Committee Congressman Long Beach and Los Angeles. says the honor he is most proud of was earn- DAN MILLER, the distinguished Representative Congressman HORN will be missed in these ing his wings as a Second Lieutenant during of Florida’s 13th District. halls, and I will miss his friendship, and his his service in the U.S. Army Air Corps in the warm, congenial manner in approaching each Representative MILLER was elected to Con- gress in 1992 and in his five terms has accu- 1940’s. challenge. Thank you, STEVE, for your dedi- About working at age 80, Mr. Dunlap says mulated a record of accomplishment as an ad- cated hard work and service. ‘‘there is great satisfaction in knowing that I vocate for his district and as a guardian of the f can continue doing my job after 64 years.’’ His hard earned tax dollars of all Americans. advice to young people entering the workforce CONGRESSMAN TIM ROEMER Representative MILLER was born in Highland is, ‘‘be sure the job is something that you truly Park, Michigan. However, like so many of our want to do and make every effort to fulfill the State’s citizens, he came to Florida as soon HON. PETER J. VISCLOSKY job requirements.’’ as he heard about it and, having graduated OF INDIANA I would like to congratulate him on being from high school in our great State, he thereby IN THE HOUSE OF REPRESENTATIVES named this year’s Outstanding Older Worker attained the status of ‘‘semi-native’’ Floridian. of Arkansas. Thursday, November 14, 2002 As Congressman MILLER proudly told the Mr. VISCLOSKY. Mr. Speaker, Congress- voters throughout his five terms he is not a f man TIM ROEMER, the Ranking Member of the professional politician, in fact the only office he AGAINST H.R. 4163—PROHIBIT Subcommittee on Select Education of the ever ran for was Congress. After winning a AFTER 2006 THE INTRODUCTION House Committee on Education and Work- crowded primary his appeal as a candidate INTO INTERSTATE COMMERCE force and proud member of the House Select who focused on substance, not rhetoric, OF MERCURY INTENDED FOR Committee on Intelligence, will be retiring after crossed party lines and he was routinely re- USE IN A DENTAL FILLING AND 12 years of dedicated service to his constitu- elected with 60 percent plus margins. Through FOR OTHER PURPOSES ents in Northern Indiana and to our country. his background as a successful entrepreneur I rise today to acknowledge and applaud the and as a university professor he brought a HON. DANNY K. DAVIS IM OEMER interests and service of T R during his unique skill-set to Congress, which will be OF ILLINOIS productive career in public service, and to sorely missed next session. IN THE HOUSE OF REPRESENTATIVES wish him the very best in his future endeavors. As I complete my first term in Congress I By way of background, TIM ROEMER was wish to thank Representative MILLER for his Thursday, November 14, 2002 first elected to Congress from the 3rd Con- kindness and courtesy during my freshman Mr. DAVIS of Illinois. Mr. Speaker, I would gressional District of Indiana in 1990. TIM grew year, he is a consummate gentleman. In addi- like to thank you for holding this hearing con- up in South Bend, and though he went to col- tion to always maintaining an open door to a cerning the risk of mercury poisoning from the

VerDate 0ct<31>2002 03:13 Nov 17, 2002 Jkt 019060 PO 00000 Frm 00040 Fmt 0626 Sfmt 9920 E:\CR\FM\A14NO8.185 E15PT1 November 15, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E2087 dental amalgam, which has been used for is no direct evidence that dental amalgam has and against poverty, a scholar and writer who more than 150 years. According to the Food an adverse effect on patient’s health except published three books and countless articles, and Drug Administration (FDA) there is ‘‘more with isolated cases of allergic reactions. Also an Emmy Award-winning media commentator, significant human experience with dental it is safe and cost effective. and a Presidential appointee in three Adminis- amalgam than any other restorative material.’’ By banning dental amalgam and using alter- trations. Any adverse outcomes of mercury in amalgam native type of fillings will only place additional Dr. Noble was the eldest child of Floyd G. would have first manifested in Dentists and financial burden on low-income individuals and and Aurelia P. Noble of Albany, Georgia. She their staff due to their daily exposure. The the special needs population. Most insurance earned her undergraduate, Masters and doc- American Dental Association Health Founda- programs, whether private or Medicaid, pay for toral degrees from Howard University and Co- tion (ADAHF) have done research regarding the lowest dental cost restorative material and lumbia University, and completed further stud- the mean urinary mercury levels of dentists would not pay for alternative dental options. from 1975 to 2001 and have found that dentist ies at the University of Birmingham in Eng- This will only result in an even higher dental land. She first taught Albany State University, urinary mercury levels are well below estab- disease rate and dental need among low-in- lished limits for occupational exposure. Fur- and later served as dean of students at come and special needs populat8ons. Langston University in Oklahoma, as the first thermore the American Dental Association In conclusion, dental amalgam is deemed black woman to serve as a tenured professor (ADA) investigators have done studies and re- as a serviceable, safe, cost effective restora- at New York University, and as professor search to find any possible correlation be- tive material, which is backed by scientific evi- emeritus of the graduate school at the City tween Kidney dysfunction and urinary mercury dence and research approved by the ADA and University of New York. levels and found none. FDA. In addition, the FDA through various U.S. f She was named by President Johnson to Public Health Services (PHS) agencies re- head the Women’s Job Corps of the Presi- viewed claims of mercury exposure measure- MOURNING THE DEATH OF DR. dent’s Task Force on the War Against Pov- ments and fetal mercury exposure and con- JEANNE LAVETA NOBLE erty, and served on commissions named by cluded that dental amalgam do not share the President Nixon and President Ford. In addi- same toxicity characteristics of mercury and HON. SANFORD D. BISHOP, JR. tion to her prolife writing, she moderated and there is no evidence that individuals with den- OF GEORGIA co-wrote an acclaimed show called ‘‘The tal amalgam restorations will experience ad- IN THE HOUSE OF REPRESENTATIVES Learing Experience.’’ verse health effects from these restorations. Dr. Noble was involved in many civic and Various disease organizations like The Alz- Thursday, November 14, 2002 charitable activities, including serving as the heimer’s Association, the Autism Society of Mr. BISHOP. Mr. Speaker, when Dr. Jeanne 12th national president of Delta Sigma Theta America, the National Multiple Sclerosis Soci- Laveta Noble passed away on October 17, Sorority, the 200,000-member public service ety and the American Academy of Pediatrics 2002, in New York City, the state of Georgia— have stated that there is no scientific evidence and especially the city of Albany and the sorority that supports education, provides linking dental amalgam with any known dis- southwest Georgia region where she was born scholarships, boosts programs for young peo- ease or syndrome that the groups track. Other and raised—lost one of our great native citi- ple, and promotes economic opportunities for organizations like the Center for Disease Con- zens. all. trol and Prevention, the World Health Organi- While Dr. Noble always remained close to Mr. Speaker, Dr. Noble’s devotion to edu- zation, U.S. Federal Agencies and Inter- her home town, returning often to visit with cation and her service to humanity inspired national Organizations and expert groups from friends and family, she made contributions that everyone who knew her or knew about her. Sweden, New Zealand, Canada and the Euro- were national and even international in scope Our thoughts and prayers are with her family pean Commission have concluded that there as a noted educator, a fighter for human rights and many friends.

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HIGHLIGHTS Senate agreed to the conference report on H.R. 4628, Intelligence Au- thorization Act. Senate Gila River Indian Community Judgment Fund Chamber Action Distribution Act: Senate passed S. 2799, to provide Routine Proceedings, pages S11161–S11229 for the use of and distribution of certain funds Measures Introduced: Three bills and two resolu- awarded to the Gila River Pima-Maricopa Indian tions were introduced, as follows: S. 3170–3172, S. Community, after agreeing to a committee amend- Res. 358, and S. Con. Res. 158. Page S11214 ment in the nature of a substitute. Pages S11224–27 Measures Reported: E-Government Act: Senate passed H.R. 2458, to S. 1284, to prohibit employment discrimination enhance the management and promotion of elec- on the basis of sexual orientation, with an amend- tronic Government services and processes by estab- ment in the nature of a substitute. (S. Rept. No. lishing a Federal Chief Information Officer within 107–341) the Office of Management and Budget, and by estab- S. 1602, to help protect the public against the lishing a broad framework of measures that require threat of chemical attack, with an amendment in the using Internet-based information technology to en- nature of a substitute. (S. Rept. No. 107–342) hance citizen access to Government information and Report to accompany S. 3054, to provide for full services, clearing the measure for the President. voting representation in Congress for the citizens of Pages S11227–28 the District of Columbia. (S. Rept. No. 107–343) Homeland Security Act: Senate continued consider- Page S11214 ation of H.R. 5005, to establish the Department of Homeland Security, taking action on the following Measures Passed: amendments proposed thereto: Pages S11169–98 Small Business Loans Federal Subsidy Rate Pending: Calculation Act: Senate passed S. 3172, to improve Thompson (for Gramm) Amendment No. 4901, the calculation of the Federal subsidy rate with re- in the nature of a substitute. Page S11169–98 spect to certain small business loans. Pages S11219–22 Daschle (for Lieberman) Amendment No. 4911 Mozambique Congratulations: Senate agreed to (to Amendment No. 4901), to provide that certain S. Res. 358, congratulating the people of Mozam- provisions of the Act shall not take effect. bique on their successful efforts to establish, build, Pages S11169–98 and maintain peace in their country for the past ten Daschle (for Lieberman) Amendment No. 4953 years. Page S11222 (to Amendment No. 4911), of a perfecting nature. Mental Health Benefits Extension: Senate passed Pages S11170–98 H.R. 5716, to amend the Employee Retirement In- During the consideration of this measure today, come Security Act of 1974 and the Public Health Senate also took the following actions: Service Act to extend the mental health benefits par- By 65 yeas to 29 nays (Vote No. 244), three-fifths ity provisions for an additional year, clearing the of those Senators duly chosen and sworn, having voted in the affirmative, Senate agreed to the motion measure for the President. Pages S11222–23 to close further debate on Thompson (for Gramm) PAYGO Balances: Senate passed H.R. 5708, to Amendment No. 4901, listed above. Page S11169 reduce preexisting PAYGO balances, clearing the The Chair sustained the point of order that measure for the President. Page S11223 Lieberman/McCain Amendment No. 4902 (to D1159

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Dodd Amendment No. 4951 (to Amendment No. 3210, Terrorism Risk Protection Act; that the Sen- 4902), to provide for workforce enhancement grants ate then vote immediately on cloture on the con- to fire departments. Page S11169 ference report; that if cloture is invoked the Senate A unanimous-consent agreement was reached pro- then immediately, without any intervening action or viding for further consideration of the bill on Mon- debate, vote on passage of the conference report; and day, November 18, 2002, upon disposition of execu- that if cloture is not invoked the conference report tive calendar number 1178; that the 30 hours under continue to be debatable. Page S11219 cloture conclude at 10:30 a.m., on Tuesday, Novem- ber 19, 2002; that at 10:30 a.m., the Senate will Removal of Injunction of Secrecy: The injunction vote on Daschle (for Lieberman) Amendment No. of secrecy was removed from the following treaty: 4953 (to Amendment No. 4911), listed above; that Convention on Supplementary Compensation for upon disposition of that amendment, the Senate then Nuclear Damage (Treaty Doc. No. 107–21). vote on Daschle (for Lieberman) Amendment No. The treaty was transmitted to the Senate today, 4911 (to Amendment No. 4901), listed above, as considered as having been read for the first time, and amended, if amended; that upon the disposition of referred, with accompanying papers, to the Com- that amendment, the Senate then vote on, or in rela- mittee on Foreign Relations and ordered to be print- tion to, the Thompson (for Gramm) Amendment ed. Page S11223 No. 4901, listed above, as amended, if amended; Nomination—Agreement: A unanimous-consent- that upon the disposition of that amendment, the time agreement was reached providing for consider- Senate then vote on the motion to invoke cloture on ation of Dennis W. Shedd, of South Carolina, to be the bill (H.R. 5005), provided further that no points United States Circuit Judge for the Fourth Circuit, of order be waived by this agreement. Page S11219 at 12 noon, on Monday, November 18, 2002; that Continuing Resolution—Agreement: A unani- at the conclusion, or yielding back of time, but not mous-consent agreement was reached providing that before 5:15 p.m., Senate will vote on the motion to the Majority Leader, with the concurrence of the Re- invoke cloture on the nomination; that if cloture is publican Leader, may at anytime proceed to the con- invoked the Senate then vote immediately on consideration of Calendar No. 762, H.J. Res. 124, the firmation of the nomination; that if cloture is not in- Continuing Resolution. Page S11228 voked the nomination be returned to the executive Authority for Committees to File—Agreement: A calendar, and the Senate then return to legislative unanimous-consent agreement was reached providing session. Further, that the granting of this consent that following the sine die adjournment of the 107th fulfill the cloture filing requirement under Rule Congress; that the Select Committee on Intelligence XXII. Page S11219 be authorized to file, and the Secretary of the Senate Nominations Confirmed: Senate confirmed the fol- be authorized to receive, a report in either classified lowing nominations: or unclassified form, or both, solely on the Commit- Michael W. McConnell, of Utah, to be United tee’s investigation into the Intelligence Community’s States Circuit Judge for the Tenth Circuit. activities before and after the September 11, 2001, Kevin J. O’Connor, of Connecticut, to be United terrorists attacks on the United States, on one of the States Attorney for the District of Connecticut for following days: Friday, December 20, 2002 or the term of four years. Thursday, January 2, 2003 from 10 a.m. to 12 noon. Mary Carlin Yates, of Oregon, to be Ambassador Page S11228 to the Republic of Ghana. (Prior to this action, Intelligence Authorization Act Conference Re- Committee on Foreign Relations was discharged port: Senate agreed to the conference report on H.R. from further consideration.) Pages S11216–19, S11229 4628, to authorize appropriations for fiscal year 2003 Messages From the House: Pages S11211–12 for intelligence and intelligence-related activities of the United States Government, the Community Executive Communications: Pages S11212–14 Management Account, and the Central Intelligence Additional Cosponsors: Page S11214

VerDate 0ct 31 2002 03:44 Nov 17, 2002 Jkt 019060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D15NO2.REC D15NO2 November 15, 2002 CONGRESSIONAL RECORD — DAILY DIGEST D1161 Statements on Introduced Bills/Resolutions: Pages S11214–15 Committee Meetings Additional Statements: Pages S11209–11 (Committees not listed did not meet) Amendments Submitted: Pages S11215–16 NOMINATIONS Record Votes: One record vote was taken today. Committee on Governmental Affairs: Committee con- (Total—244) Page S11169 cluded hearings on the nominations of Alejandro Adjournment: Senate met at 9:45 a.m., and ad- Modesto Sanchez, of Florida, Andrew Saul, of New journed at 8:21 p.m., until 11 a.m., on Monday, York, and Gordon Whiting, of New York, each to November 18, 2002. be a Member of the Federal Retirement Thrift In- vestment Board, after the nominees testified and answered questions in their own behalf. Mr. Sanchez was introduced by Senator Graham. h House of Representatives The House was not in session today. It will next During the balance of the week, Senate expects to meet on Tuesday, Nov. 19 at noon. consider any other cleared legislative and executive business, including conference reports, when avail- Committee Meetings able. No Committee meetings were held. Senate Committees f (Committee meetings are open unless otherwise indicated) CONGRESSIONAL PROGRAM AHEAD Committee on the Judiciary: November 20, to hold hearings to examine an assessment of the tools needed to Week of November 18 through November 23, fight the financing of terrorism, 10 a.m., SD–226. 2002 House Chamber Senate Chamber The House did not meet today. On Monday, at 12 noon, Senate will consider the nomination of Dennis W. Shedd, of South Carolina, House Committees to be United States Circuit Judge for the Fourth Circuit, with a vote on the motion to invoke cloture; Committee on Government Reform, November 19, Sub- committee on Government Efficiency, Financial Manage- and if cloture is invoked, Senate will then vote on ment and Intergovernmental Relations, oversight hearing confirmation of the nomination. Also, Senate will re- on ‘‘Computer Security in the Federal Government: How sume consideration of H.R. 5005, Homeland Secu- Do the Agencies Rate?’’ 10 a.m., 2154 Rayburn. rity Act. Committee on Small Business, November 21, hearing on On Tuesday, Senate will continue consideration of Federal Prison Industries Unfair Competition with Small H.R. 5005, Homeland Security Act, with votes to Businesses: Potential Interim Administrative Solutions, occur on certain pending amendments, followed by 10:30 a.m., 2360 Rayburn. a vote on the motion to invoke cloture on the bill.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 11 a.m., Monday, November 18 12 noon, Tuesday, November 19

Senate Chamber House Chamber Program for Monday: After the transaction of any Program for Monday: Pro forma session. morning business (not to extend beyond 12 noon), Senate will consider the nomination of Dennis W. Shedd, of South Carolina, to be United States Circuit Judge for the Fourth Circuit, with a vote on the motion to invoke cloture; and if cloture is invoked, Senate will then vote on confirmation of the nomination.Also, Senate will resume consideration of H.R. 5005, Homeland Security Act.

Extensions of Remarks, as inserted in this issue

HOUSE Hinojosa, Rube´n, Tex., E2071 Ros-Lehtinen, Ileana, Fla., E2064 Hobson, David L., Ohio, E2066 Ross, Mike, Ark., E2086 Armey, Richard K., Tex., E2079 Issa, Darrell E., Calif., E2066 Rothman, Steven R., N.J., E2074 Barcia, James A., Mich., E2063 Jones, Stephanie Tubbs, Ohio, E2077 Roybal-Allard, Lucille, Calif., E2077, E2078 Bentsen, Ken, Tex., E2078, E2081 King, Peter T., N.Y., E2079 Royce, Edward R., Calif., E2077 Bilirakis, Michael, Fla., E2068 Kirk, Mark Steven, Ill., E2059, E2063 Rush, Bobby L., Ill., E2069 Bishop, Sanford D., Jr., Ga., E2085, E2087 Kolbe, Jim, Ariz., E2047 Schaffer, Bob, Colo., E2050, E2055, E2056, E2059, E2061, Burton, Dan, Ind., E2049 Lipinski, William O., Ill., E2063 E2065 Calvert, Ken, Calif., E2070 McCarthy, Karen, Mo., E2072 Schiff, Adam B., Calif., E2069 Cantor, Eric, Va., E2055, E2057 McGovern, James P., Mass., E2064 Scott, Robert C., Va., E2070, E2079 Chabot, Steve, Ohio, E2067 McInnis, Scott, Colo., E2047 Shaw, E. Clay, Jr., Fla., E2060, E2068 Costello, Jerry F., Ill., E2084 McKinney, Cynthia A., Ga., E2048 Simpson, Michael K., Idaho, E2082 Coyne, William J., Pa., E2057, E2059 Maloney, James H., Conn., E2054, E2058 Skelton, Ike, Mo., E2053, E2055, E2059 Cummings, Elijah E., Md., E2075 Millender-McDonald, Juanita, Calif., E2086 Smith, Christopher H., N.J., E2072 Davis, Danny K., Ill., E2085, E2086 Miller, Jeff, Fla., E2069 Davis, Jim, Fla., E2061 Moore, Dennis, Kansas, E2081 Solis, Hilda L., Calif., E2071 Davis, Tom, Va., E2082 Morella, Constance A., Md., E2050, E2055, E2060 Tanner, John S., Tenn., E2053, E2057 Dreier, David, Calif., E2070, E2079 Napolitano, Grace F., Calif., E2074 Tauzin, W.J. (Billy), La., E2078 Etheridge, Bob, N.C., E2061 Owens, Major R., N.Y., E2079, E2085 Tiahrt, Todd, Kans., E2065 Everett, Terry, Ala., E2047 Paul, Ron, Tex., E2066, E2083 Tiberi, Patrick J., Ohio, E2083 Filner, Bob, Calif., E2053, E2057 Portman, Rob, Ohio, E2057, E2060 Udall, Mark, Colo., E2068 Foley, Mark, Fla., E2068 Putnam, Adam H., Fla., E2086 Udall, Tom, N.M., E2056, E2058 Frank, Barney, Mass., E2049, E2061 Rangel, Charles B., N.Y., E2075 Visclosky, Peter J., Ind., E2086 Gekas, George W., Pa., E2047 Roemer, Tim, Ind., E2060, E2064 Wilson, Joe, S.C., E2073 Gephardt, Richard A., Mo., E2067 Rogers, Harold, Ky., E2071 Woolsey, Lynn C., Calif., E2063 Gutknecht, Gil, Minn., E2083 Rohrabacher, Dana, Calif., E2080 Wu, David, Ore., E2074

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