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, SEPTEMBER 20, 2002 No. 120 House of Representatives The House was not in session today. Its next meeting will be held on Monday, September 23, 2002, at 2 p.m. Senate FRIDAY, SEPTEMBER 20, 2002

The Senate met at 10 a.m. and was APPOINTMENT OF ACTING noon. We are expecting to go out of ses- called to order by the Honorable THOM- PRESIDENT PRO TEMPORE sion shortly thereafter. AS R. CARPER, a Senator from the State The PRESIDING OFFICER. The This is in preparation for next week of Delaware. clerk will please read a communication which will be a very busy week. Every- to the Senate from the President pro one should understand that. Next week PRAYER tempore (Mr. BYRD). could be a very big week. We are going The legislative clerk read the fol- to do everything we can to complete The Chaplain, Dr. Lloyd John lowing letter: work on the homeland security bill. I Ogilvie, offered the following prayer: U.S. SENATE, have tried previously, in the form of Almighty God, we claim Your prom- PRESIDENT PRO TEMPORE, unanimous consent, and have been un- ise: ‘‘I will not forget you. See, I have Washington, DC, September 20, 2002. successful, but we really need to move inscribed you on the palms of my To the Senate: off the Interior appropriations bill. It hands.’’ So with confidence we pray the Under the provisions of rule I, paragraph 3, is obvious, because of the forest feud ancient Hebrew childhood prayer from of the Standing Rules of the Senate, I hereby appoint the Honorable THOMAS R. CARPER, a that is in that legislation, that that the 31st Psalm: ‘‘Father, into Your Senator from the State of Delaware, to per- bill is not going to go forward. We hands I commit my spirit.’’ As we pray form the duties of the Chair. should not be wasting the morning that prayer, we get ourselves off our ROBERT C. BYRD, standing around here doing nothing. own hands and into Your strong, com- President pro tempore. petent hands. We take each of the fears I hope the minority will allow us, by Mr. CARPER thereupon assumed the consent, to spend all day each day next in our jumbled mass of worries and Chair as Acting President pro tempore. concerns and commit them to You. week on the homeland security bill so f You have promised to keep us in per- we can finish that bill. The two or fect peace, if we allow You to keep our RESERVATION OF LEADER TIME three big amendments on that legisla- tion have not yet been offered. We ex- minds stayed on You. Interrupt us The ACTING PRESIDENT pro tem- pect that to happen early next week. when we get too busy and remind us pore. Under the previous order, the Later today, we will reoffer the unani- that we are here to serve You. When we leadership time is reserved. forget You, remind us that You never mous consent request that we tempo- f forget or forsake us. May that awesome rarily set aside the Interior bill and assurance steady our course and fill RECOGNITION OF THE ACTING move on to the homeland security bill our sails with the wind of Your power. MAJORITY LEADER on a full-time basis. That would be the You are our Lord and Saviour. Amen. The ACTING PRESIDENT pro tem- thing to do. pore. The deputy majority leader is I have said before—and I really be- f recognized. lieve this to be the case; I sadly say f this—that the minority is working to- PLEDGE OF ALLEGIANCE ward our accomplishing nothing. They SCHEDULE simply don’t want us to complete the The Honorable THOMAS R. CARPER led Mr. REID. Mr. President, at 10:30 we other appropriation bills. We have the Pledge of Allegiance, as follows: will vote on the nomination of Reena asked to be able to move off Interior I pledge allegiance to the Flag of the Raggi to be a United States Circuit and to go to another appropriations United States of America, and to the Repub- Judge for the Second Circuit. Fol- bill. They won’t let us do that. They lic for which it stands, one nation under God, lowing that vote, the Senate will be in said there would be no more two-track- indivisible, with liberty and justice for all. a period of morning business until ing of legislation, which is fine. But at

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

S8957

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VerDate Sep 04 2002 04:13 Sep 21, 2002 Jkt 099060 PO 00000 Frm 00001 Fmt 4637 Sfmt 0634 E:\CR\FM\A20SE6.000 S20PT1 S8958 CONGRESSIONAL RECORD — SENATE September 20, 2002 least they should let us move off Inte- Mr. LEAHY. Madam President, today nees, Democrats on the Judiciary Com- rior so we can have full days on home- the Senate will confirm the nomina- mittee would have begun with 11 cir- land security. tion of Judge Reena Raggi to the cuit court vacancies, instead of the 33 The President says he wants this leg- United States Court of Appeals for the we inherited. With the 10 new circuit islation. His wants cannot be accom- Second Circuit. This is the 14th circuit court vacancies that arose over these plished unless we are able to legislate court nominee to be considered by the past 14 months, there would have been on a full-time basis on it. Once we get Senate since the change in Senate ma- a total of 24 circuit court vacancies for started on something, we are back on jority and reorganization of the Judici- this President to fill. Given the Demo- Interior doing nothing. It takes time to ary Committee 14 months ago. That is cratic pace of considering circuit court get revved up again on homeland secu- an average of one Court of Appeals nominees, even without any significant rity. I hope that can be accomplished judge a month since the Democratic cooperation or consultation from the today, that we can get off Interior. majority has been in place. This pace is White House, our circuit courts would It seems quite clear that the efforts almost double that maintained by the today be left with only 10 vacancies. to arrive at a compromise have failed. Republicans during their 61⁄2 years of That is what might have been, but for People have tried hard, and certainly control of the Senate. This is also the the determined, strategic blocking of no one is to be faulted, but sometimes 78th judicial nominee we have con- so many circuit court nominees during 1 we have issues that are irreconcilable. firmed in the past 14 months. the 6 ⁄2 years of Republican control of In the Senate, simple majorities don’t In contrast, our Republican prede- the Senate. Instead, after 14 circuit solve problems that are irreconcilable; cessors voted on only 46 of President confirmations, there remain 27 circuit it takes 60 votes. The proposition that Clinton’s more moderate Court of Ap- court vacancies—still fewer than at the start of this Congress but far from the majority has offered can’t get 60 peals nominations in their 76 months of control for an average of closer to one where we could have been. votes. The proposition of the minority The Judiciary Committee has al- can’t get 60 votes. It would be in the circuit court confirmation every other month. In fact, during the entire 1996 ready voted on 83 of this President’s ju- best interest of the country that we dicial nominees, including 17 nominees move off that legislation. Maybe later session the Senate Republicans stalled all Court of Appeals nominees and not to the Courts of Appeal. Two additional someone will come up with some kind circuit court nominees have had hear- of a brainstorm to figure some way out a single one was confirmed. Court of Appeals vacancies went from 16, when ings and another is scheduled for a of it, but at this stage we have not been hearing this coming week. The Senate able to. the Republicans took over in January 1995, to 33 by the time they finally re- Judiciary Committee has already voted f linquished control last summer and al- on more circuit and district court MORNING BUSINESS lowed the Judiciary Committee to re- nominees than in any of the previous 1 organize. During the Republican stall 6 ⁄2 years of Republican control. In fact, The ACTING PRESIDENT pro tem- Democrats have given votes to more on judicial confirmations, vacancies pore. Under the previous order, there judicial nominees and, in particular, to more than doubled on the Courts of Ap- will now be a period for the transaction more nominees to the Courts of Ap- peals. However, since last summer, the of morning business not to extend be- peals, than in 1996 and 1997 combined, Democratic majority has exceeded the yond the hour of 10:30 a.m., with Sen- and than in the last 30 months of the rate of attrition and confirmed 14 cir- ators permitted to speak therein for up Republican majority control in 1999, cuit court judges, in addition to 64 dis- to 10 minutes each. 2000 and early 2001. Mr. REID. Mr. President, I suggest trict court judges. Even with extraor- Judge Raggi was appointed to the the absence of a quorum. dinary attrition of 10 new circuit va- Federal trial court in 1987 by President The ACTING PRESIDENT pro tem- cancies during this period, we have Ronald Reagan. She has a solid record pore. The clerk will call the roll. lowered the number of Court of Appeals of accomplishment in both the private The assistant legislative clerk pro- vacancies from the 41 it would have and public sectors. She received the ceeded to call the roll. been if Democrats were blocking judges strong support of her two Democratic Mr. REID. Mr. President, I ask unan- as Republicans falsely claim, to 27. Senators, CHUCK SCHUMER and HILLARY There are now fewer circuit court va- imous consent that the order for the RODHAM CLINTON, and of the New York quorum call be rescinded. cancies than when the 107th Congress legal community. Even though Judge The ACTING PRESIDENT pro tem- began. Republicans confirmed no cir- Raggi is a conservative Republican, we pore. Without objection, it is so or- cuit court nominees or any judicial have every reason to believe that she dered. nominees during their 6 months of con- will serve with distinction on the Sec- Mr. REID. Mr. President, I ask unan- trol last year. They could have con- ond Circuit as a fair and impartial imous consent that the vote begin 2 or firmed some of the nine circuit judges judge. 3 minutes early, and the leader asked re-nominated by President Clinton, if Her record is in sharp contrast to the me to announce this will be the last they were truly concerned about the record of the other circuit court nomi- vote today. circuit court vacancy level. They could nee that the Judiciary Committee con- The ACTING PRESIDENT pro tem- have done that to demonstrate some sidered on the very same day: Justice pore. Without objection, it is so or- commitment to fairness and the bipar- Priscilla Owen, a nominee whose record dered. tisanship they claim. But they did not. was too extreme even for the very con- The President could have urged that f servative Texas Supreme Court. Jus- those circuit court nominees be con- tice Owen’s written opinions dem- EXECUTIVE SESSION firmed to demonstrate true bipartisan- onstrated her willingness to substitute ship and to address the injustices of her policy preferences for those of the the stalling tactics of the members of NOMINATION OF REENA RAGGI TO Texas legislature and her determina- his party in the Senate. He did not. In- tion to distort precedent. Even her fel- BE UNITED STATES CIRCUIT stead, he withdrew all those circuit low judges criticized her approach. JUDGE FOR THE SECOND CIR- court nominees last spring then later The administration’s claim that CUIT renominated only one of them, occa- Democrat’s have created a glass ceiling The ACTING PRESIDENT pro tem- sioning more needless delay. for female judicial nominees is pat- pore. Under the previous order, the I would like to reflect on what could ently ridiculous. It is unfortunate that hour of 10:29 a.m. having arrived, the have been, but for the purposeful ob- just 21 percent of President George W. Senate will proceed to executive ses- struction by Republican Senators of Bush’s judicial nominees are women, in sion and consider Executive Calendar the confirmation of more than a score contrast to 30 percent of President No. 1006, which the clerk will report. of President Clinton’s circuit court Clinton’s judicial nominees. The per- The assistant legislative clerk read nominees. If Republicans had not centage of women nominated by this the nomination of Reena Raggi, of New blocked the confirmation of almost President has been cut by almost a York, to be United States Circuit two dozen, 22, circuit court nominees, third compared with the prior adminis- Judge for the Second Circuit. and many more district court nomi- tration. In fact, so far, President

VerDate Sep 04 2002 04:13 Sep 21, 2002 Jkt 099060 PO 00000 Frm 00002 Fmt 4637 Sfmt 0634 E:\CR\FM\G20SE6.005 S20PT1 September 20, 2002 CONGRESSIONAL RECORD — SENATE S8959 George W. Bush is appointing almost gree from Wellesley College and went Qualified.’’ This rating, of course, is the same proportion of women to the on to graduate cum laude from Harvard the highest that the ABA awards. Her Federal bench as his father, despite the Law School. She clerked for Judge excellence has been reflected by the passage of more than a decade since Thomas E. Fairchild, then Chief Judge Second Circuit Court of Appeals’ invi- then in which the number of women of the U.S. Court of Appeals for the tation to have her sit by designation practicing law and with judicial experi- Seventh Circuit, before working as an on many of its panels. ence has increased exponentially. associate at the law firm of Cahill, Clearly, Judge Raggi represents the With today’s vote, the Democratic- Gordon & Reindel. very best in our Nation’s judges and led Senate has already confirmed 17 fe- She then entered public service in will be an outstanding addition to the male judicial nominees of this Presi- Brooklyn, New York as an Assistant Second Circuit. I look forward to vot- dent, including four to the Courts of U.S. Attorney for the Eastern District ing in favor of her nomination and Appeal Judge Edith Brown Clement to of New York. She quickly rose through hearing of her accomplishments in the the Fifth Circuit, the first nominee to the ranks of the U.S. Attorney’s Office, future. be confirmed to that court in more first to become head of the Narcotics than 6 years; Judge Julia Smith Gib- Unit, then Chief of Special Prosecu- The ACTING PRESIDENT pro tem- bons to the Sixth Circuit, the first tions, which is in charge of prosecuting pore. The question is, Will the Senate nominee to be confirmed to that court public corruption. In 1986, the Eastern advise and consent to the nomination in more than 5 years; Judge Sharon District Board of Judges appointed of Reena Raggi, of New York, to be Prost to the Federal Circuit; and now here interim United States Attorney United States Circuit Judge for the Judge Reena Raggi to the Second Cir- pending the Senate confirmation of a Second Circuit? The yeas and nays cuit. In all, Democrats have held hear- presidential nominee. A year later, have been ordered. The clerk will call ings for 19 of the women nominated to Judge Raggi was nominated and con- the roll. the Federal bench by this President, firmed as a district court judge. The assistant legislative clerk called and 18 of them have been voted on by That was 15 years ago. Today, I am the roll. the Judiciary Committee. A few of the proud to say that Judge Raggi has con- Mr. REID. I announce that the Sen- remaining female nominees lack home- tinued to serve as a jurist of the high- ator from California (Mrs. BOXER), the State consent, and some were nomi- est level of excellence. In fact, for the Senator from Massachusetts (Mr. KEN- nated only recently and so lack com- first 7 years of her tenure as a district NEDY), the Senator from Massachusetts pleted paperwork. This Democratic-led judge, she was the least reversed judge (Mr. KERRY), the Senator from Mary- Senate has regularly scheduled hear- in the Second Circuit. land (Mr. SARBANES), the Senator from ings and votes, unlike during the prior Judge Raggi has presided over some New Jersey (Mr. TORRICELLI), and the 61⁄2 years of Republican control when so of the most famous and infamous cases Senator from Minnesota (Mr. many women and minorities nomi- to be tried in New York’s Federal WELLSTONE) and are necessarily ab- nated to the Federal bench were never court. Recently, she was the judge in sent. accorded hearings or votes. the civil rights prosecution of former Mr. NICKLES. I announce that the Today’s vote serves as another exam- New York City police officer Charles Senator from Nevada (Mr. ENSIGN ple of the Democrats ’ proven record of Schwartz for the sexual battery of ), the action and fairness on this President’s Abner Louima. We are all sadly famil- Senator from Wyoming (Mr. ENZI), the judicial nominees. Judge Raggi is a iar with the facts of Mr. Louima’s case: Senator from North Carolina (Mr. conservative Republican. I voted for While in police custody, officers sav- HELMS), the Senator from Alaska (Mr. her confirmation in committee and agely beat him in the bathroom of a MURKOWSKI), the Senator from Kansas, vote to confirm her today, based on her New York City precinct house. This (Mr. ROBERTS), the Senator from Ala- overall record, her testimony before case was ramanded to Judge Raggi’s bama (Mr. SESSIONS), the Senator from the committee and the bipartisan sup- court by the Second Circuit for retrial Oregon (Mr. SMITH), the Senator from port she has received. Far from pay- following the death of the original trial Wyoming (Mr. THOMAS), and the Sen- back for Republican actions in the re- court judge. The retrial resulted in a ator from Tennessee (Mr. THOMPSON) cent past, today’s Democratic-led Sen- perjury conviction against Mr. are necessarily absent. ate’s action is being taken notwith- Schwartz. The ACTING PRESIDENT pro tem- standing those wrongs and to help fill Judge Raggi also presided over the pore. Are there any other Senators in vacancies that Republican obstruction trial of Thomas ‘‘Tommy Karate’’ the Chamber desiring to vote? helped create. Pitera, the first Federal death penalty The result was announced—yeas 85, Despite the right-wing and partisan case in New York in three decades. nays 0, as follows: din about blockades and obstruc- Beginning in 1993, Judge Raggi pre- tionism, Democrats are actually sided over a series of cases stemming [Rollcall Vote No. 219 Ex.] achieving almost twice as much as our from the alien smuggling scandal of YEAS—85 Republican counterparts did to provide the ‘‘Golden Venture,’’ a freighter that Akaka DeWine Lieberman judicial resources to the Federal ran aground in Rockaway, NY. Almost Allard Dodd Lincoln courts. We would be even farther along 300 illegal aliens transported in deplor- Allen Domenici Lott Baucus Dorgan able conditions had to swim for shore, Lugar if so many circuit court nominees of Bayh Durbin McCain the prior administration had not been and 10 of the passengers died escaping Bennett Edwards McConnell purposely blocked and defeated, and if the ship. The judge in 1994 rejected plea Biden Feingold Mikulski Bingaman Feinstein Miller we received more timely reviews from bargains reached by the government Bond Fitzgerald Murray the ABA, and received the nominations with seven of the Golden Venture de- Breaux Frist Nelson (FL) Brownback Graham of more moderate, mainstream judicial fendants, finding that sentences of be- Nelson (NE) nominees. tween 12 to 30 months in prison did not Bunning Gramm Burns Grassley Nickles Mr. HATCH. Madam President, I am ‘‘adequately do justice’’ because the Byrd Gregg Reed very pleased that the Senate has taken terms did not reflect the seriousness of Campbell Hagel Reid up the nomination of Judge Reena the crimes. Cantwell Harkin Rockefeller Judge Raggi also played a significant Carnahan Hatch Santorum Raggi to the Second Circuit Court of Carper Hollings Schumer Appeals. She is a truly exceptional role in the war against terrorism. In Chafee Hutchinson Shelby nominee with wide and well deserved 1998, she oversaw the trial of Pales- Cleland Hutchison Smith (NH) bipartisan support. tinian terrorist Gazi Abu Mezer, who Clinton Inhofe Snowe We first became aware of Judge was convicted of plotting a subway Cochran Inouye Specter Collins Jeffords Stabenow Raggi’s outstanding credentials fifteen bombing aimed at Jews. The judge sen- Conrad Johnson Stevens years ago, when the Senate confirmed tenced Mr. Mezer to life in prison. Corzine Kohl Thurmond to her nomination as a district judge All of this hard work and dedication Craig Kyl Voinovich Crapo Landrieu Warner for the Eastern District of New York. to the law is reflected in Judge Raggi’s Daschle Leahy Wyden She received her Bachelor of Arts de- ABA rating of unanimously ‘‘Well Dayton Levin

VerDate Sep 04 2002 04:13 Sep 21, 2002 Jkt 099060 PO 00000 Frm 00003 Fmt 4637 Sfmt 0634 E:\CR\FM\G20SE6.037 S20PT1 S8960 CONGRESSIONAL RECORD — SENATE September 20, 2002 NOT VOTING—15 make ends meet. In New York, there read the want ads and follow up every Boxer Kerry Smith (OR) are 135,000 New Yorkers who have ex- single lead. These are people who are Ensign Murkowski Thomas hausted their benefits. Across the young and old and middle-aged. They Enzi Roberts Thompson Helms Sarbanes Torricelli country, the number of people who are male, they are female, they are Kennedy Sessions Wellstone have been unemployed for 6 months or skilled and unskilled; they are white, longer has almost doubled, from 800,000 they are black, and they are Latino. The nomination was confirmed. to 1.5 million in the last year, and that They are every kind of American. They The ACTING PRESIDENT pro tem- number is expected to increase to more want to work. But until this economy pore. The President shall be imme- than 2 million by December. turns around, they need additional diately notified of the Senate’s action. What have we, the elected represent- help. f atives of all the people, including the The so-called jobless recovery has hit LEGISLATIVE SESSION people who are unemployed, the people long-term unemployed workers par- such as Felix who have lost their jobs— ticularly hard. The number of people The ACTING PRESIDENT pro tem- what have we done to respond? We have who cannot find jobs for 6 months or pore. Under the previous order, the extended unemployment benefits longer has grown by almost 90 percent Senate will now return to legislative once—but only once. Contrast that in the past year. In fact, the share of session. with the recession of the early 1990s the unemployed today who have been f when Congress extended temporary without work for more than 26 weeks MORNING BUSINESS benefits five times. But this year, even exceeds that of the recession of the in the wake of the combination of a early 1990s and the early 1980s. The PRESIDING OFFICER (Mr. NEL- slowdown in the economy and ter- According to a recent study, ‘‘an in- SON of Florida). Under the previous rorism, we have only extended benefits crease in the long term unemployment order, there will now be a period for once. Once is not enough. Congress of workers with significant workforce the transaction of morning business must act to extend unemployment in- experience’’ is particularly striking. not to extend beyond the hour of 12 surance and disaster unemployment as- But why should we be surprised? We noon, with Senators permitted to sistance for an additional 13 weeks have companies such as Enron, Global speak for up to 10 minutes each, and each. Crossing, WorldCom, and Tyco that are with the time to be equally divided be- With more people losing their bene- laying off, going into bankruptcy, and tween the two leaders or their des- fits every day and being put into the rendering unemployed highly skilled ignees. terrible position in which Mr. Batista workers—people who got their edu- The Senator from New York. finds himself, these extensions should cation, went to college, and improved f be passed before Congress adjourns. their skills. They were part of the new THE ECONOMY AND The Wall Street Journal says our economy, and, all of a sudden, they UNEMPLOYMENT INSURANCE economy is in the midst of a ‘‘jobless find themselves on the unemployment recovery.’’ From what I hear, that lines. Mrs. CLINTON. Mr. President, I rise phrase is only half true. What this means for real Americans today to talk about an issue of great Across New York State, 553,000 New is that people who are trying hard, who concern to my constituents and, in- Yorkers are out of work, and the same have played by the rules, who have deed, to our entire country—the state story is true of company layoffs and been responsible, and, through no fault of our Nation’s economy. We know our plant closings in Niagara Falls, Roch- of their own—a corporate executive economy was already in recession on ester, and so many parts of New York. who commits illegalities, or a terrorist September 10 and it was devastated on Unfortunately, this is a story that is who destroys a building—are now un- September 11 by the horrific attacks compounded by the corporate irrespon- employed. we suffered, and it is stalled now. Too sibility and illegality. They have added The number of workers who have ex- many Americans are out of work. Too even more uncertainty to our economic hausted their benefits has doubled many have seen their pension and re- condition. We not only are seeing compared to 2 years ago. The number tirement security disappear because of plants closing and people losing their of workers who have exhausted their the illegal, unethical, and simply inex- jobs because there is no business and State benefits is 2.3 million, more than plicable behavior of corporate execu- there are no orders, but we are also in we had 10 years ago during the reces- tives. Too many people who lost their Rochester seeing 500 people out of work sion of the early 1990s. jobs as a result of September 11 have after Global Crossing filed for bank- As you can see from this chart, the not yet been able to find work. ruptcy. number of workers exhausting their Let me just mention one of the hun- If there is any doubt that the eco- unemployment benefits without a job dreds of thousands—millions of such nomic situation is not producing jobs has risen steadily since last spring. If people: A New Yorker by the name of for people, take a look at this chart. It you are wondering what this means for Felix Batista. Mr. Batista had worked shows the number of jobs that are individual States, I have information for years, 25 years I believe, as a mem- available compared with the number of about every State in our country. This ber of the wait staff at the restaurant people who are looking for work. As is not just a New York problem. This is known as Windows On The World at you can clearly see, during most of a national problem. We may have the the top of the World Trade Center. He 2002, jobseekers far outnumbered job highest number of people who have ex- has four children. He was on vacation availability. In fact, in June, there hausted their benefits, but, of course, on September 11 when 73 of his cowork- were almost three jobseekers for every you would expect that. We lost tens of ers were murdered. He lost not only available job. thousands of jobs because of the attack friends and colleagues, he lost his job, When President Bush took office in and the collapse of the buildings. Be- and he has been unemployed since that January 2001, there were approxi- cause it was a crime scene, they terrible day. He is a man who had a mately 1.5 jobseekers for every job. In couldn’t reopen and get back into busi- wonderful employment record who now just a short year and a half, we have ness. spends his days looking for work. He gone from one job opening for every Our unemployment rate in New York exhausted his unemployment benefits one and a half unemployed person to City is 8 percent—higher than the na- almost 3 months ago. How is he going one job opening for nearly three unem- tional average—unfortunately reflect- to support his four children? He is a ployed persons. ing a condition that affects all Ameri- victim of the terrorist attacks on New But only looking at the statistics cans. York and America, and he is not alone. and the unemployment rate doesn’t Back in the recession of the early Like so many other New Yorkers and paint a complete picture. The constitu- 1990s when the first President Bush was Americans, despite their steadfast ef- ents that I talk to in New York de- in office, people who were unfortunate forts to find work, and their over- scribe an endless, frustrating job enough to lose their jobs got a compas- whelming desire to get back to work, search—that hopeless feeling that sionate response from the White House. they remain out of work, struggling to comes when you go out every day and The first President Bush said: You

VerDate Sep 04 2002 04:13 Sep 21, 2002 Jkt 099060 PO 00000 Frm 00004 Fmt 4637 Sfmt 0634 E:\CR\FM\A20SE6.002 S20PT1 September 20, 2002 CONGRESSIONAL RECORD — SENATE S8961 know, I am going to be there to help for all Americans—the rich, middle in- ‘‘If they throw in their lot with Saddam, it you. And, working with the Congress, come, and poor. It provided more than will be difficult to the point of impossible to that is exactly what happened. We ex- 22 million new jobs. We were on the persuade the new Iraqi government to work with them.’’ tended unemployment benefits five right track in America when it came to Indeed, the mere prospect of a new Iraqi times. the economy. For reasons that escape government has fanned concerns by non- Are the people today less deserving? me, we threw all of that good work American oil companies that they will be ex- Are the workers who lost their jobs be- away, and now we are back into the cluded by the United States, which almost cause of corporate illegality, economic deficits. We are not taking care of the certainly would be the dominant foreign slowdown, or terrorist attacks some- unemployed. We are not creating jobs. power in Iraq in the aftermath of Hussein’s how not worthy of our help? I don’t And I don’t think we have any plan to fall. think so. I certainly hope not. do so. Are you listening? Out there in As you can see from this chart, which I earnestly request that our col- America, are you listening? has a lot of writing on it, basically the leagues here take leadership and sup- Let me say that again, with reference bottom line is that during the early port our unemployed people. Do what to former CIA Director R. James Wool- stage of the recession in the 1990s, 35 was done in the 1990s, provide these sey: States received 26 weeks of benefits, benefits, stimulate the economy, and But he added: ‘‘If they throw in their lot and 16 received 33 weeks. And it is so let us get back on the right track for with Saddam, it will be difficult to the point clear that today during our recession America’s future. of impossible to persuade the new Iraqi gov- we only have 39 States getting 13 weeks ernment to work with them.’’ Thank you, Mr. President. Indeed, the mere prospect of a new Iraqi of benefits and 12 receiving 26. The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The Sen- government has fanned concerns by non- ator from West Virginia. American oil companies that they will be ex- ator has used 10 minutes. Mr. BYRD. Mr. President, I ask unan- Mrs. CLINTON. I ask unanimous con- cluded by the United States— imous consent that I may proceed for Hear that— sent for another 5 minutes. an additional 15 minutes over and The PRESIDING OFFICER. Without which almost certainly would be the domi- above the order that has been entered. objection, it is so ordered. nant foreign power in Iraq in the aftermath Mrs. CLINTON. This is not only a The PRESIDING OFFICER. Is there of Hussein’s fall. comparison—it should cause us to won- objection? Are we paying attention? der what our national policy is—it is Without objection, it is so ordered. Representatives of many foreign oil con- also a reflection of how we have no eco- Mr. BYRD. Mr. President, I thank cerns have been meeting with leaders of the nomic policy in America right now. We the Chair. Iraqi opposition to make their case for a fu- don’t have an emphasis on creating f ture stake and to sound them out about their intentions. jobs, prosperity, and economic oppor- IRAQ Since the Persian Gulf War in 1991, compa- tunity. Mr. BYRD. Mr. President, I call at- nies from more than a dozen nations, includ- Our leader, Senator DASCHLE, came tention to an article in the Washington ing France, Russia, China, India, Italy, Viet- to the floor earlier this week and, in a Post of September 15, Sunday, the final nam and Algeria, have either reached or series of charts, made clear that we are sought to reach agreements in principle to edition. I shall read excerpts there- not attending to America’s business. develop Iraqi oil fields, refurbish existing fa- We all know we have foreign policy from. The headline: ‘‘In Iraqi War Sce- cilities or explore undeveloped tracts. Most challenges. I, for one, have supported nario, Oil Is Key Issue; U.S. Drillers of the deals are on hold until the lifting of our men and women in uniform and Eye Huge Petroleum Pool.’’ The article U.N. sanctions. But Iraqi opposition officials made clear in supported our need for homeland secu- is by Dan Morgan and David B. Ottaway, Washington Post staff writ- interviews last week that they will not be rity. I will continue to do so because bound by any of the deals. our threats are real, and we have to ers. I will proceed now with reading the It is a lengthy article, Mr. President. deal with them. But we are a great na- I ask unanimous consent that this arti- tion. We can do more than one thing at first three paragraphs: cle be printed in the RECORD at the a time. We should be paying attention A U.S.-led ouster of Iraqi President Sad- close of my remarks. to our economy. We should be taking dam Hussein would open a bonanza for Amer- ican oil companies long banished from Iraq, The PRESIDING OFFICER. Without care of our unemployed workers. It is scuttling oil deals between Baghdad and Rus- objection, it is so ordered. the right thing to do. I hope we will do sia, France and other countries, and reshuf- (See exhibit 1.) it because it takes care of people. fling world petroleum markets, according to Mr. BYRD. Now, Mr. President, let Look at this next chart. Every dollar industry officials and leaders of the Iraqi op- me call attention to an editorial in to- we spend on unemployment insurance position. day’s Charleston, WV, Gazette, titled, adds $2.50 to our gross domestic prod- Although senior Bush administration offi- ‘‘Bush, Cheney won’t stop.’’ uct. It is a good investment. Why? Be- cials say they have not begun to focus on the issues involving oil and Iraq, American and And I read therefrom: cause when the unemployed get those Although Iraq agreed to readmit U.N. benefits—when Mr. Batista and others foreign oil companies have already begun maneuvering for a stake in the country’s weapons inspectors, President Bush and Vice like him finally get some help—what huge proven reserves of 112 billion barrels of President Cheney still are clamoring for U.S. do they do? They go out and spend it. crude oil, the largest in the world outside military action to topple dictator Saddam They have no other means. They have Saudi Arabia. Hussein. to buy food, they have to pay the rent, The importance of Iraq’s oil has made it The White House continues its mantra— and they have to make a car payment. potentially one of the administration’s big- Now listen. This is the Charleston, The money goes right into the econ- gest bargaining chips in negotiations to win WV, Gazette. omy, and it provides stimulus. backing from the U.N. Security Council and The White House continues its mantra In contrast, President Bush’s solu- Western allies for President Bush’s call for that war is necessary because Saddam is tough international action against Hussein. ‘‘evil’’ and he’s secretly making weapons of tion is to stimulate the economy for All five permanent members of the Security the wealthiest—keep giving them big mass destruction. But this justification may Council—the United States, Britain, France, be a smoke screen. tax cuts and hope that it trickles down Russian and China—have international oil to people such as Mr. Batista. That companies with major stakes in a change of Are you listening? Are you listening, didn’t work in the 1980s, it didn’t work leadership in Baghdad. the people out there throughout this in the 1990s, and it will not work in the ‘‘It’s pretty straightforward,’’ said former great land? Are you listening? 21st century, either. CIA director R. James Woolsey, who has . . . this justification may be a smoke I believe the President is using the been one of the leading advocates of forcing screen. Some observers say the administra- wrong approach. Our economy needs to Hussein from power. ‘‘France and Russia tion’s hidden motive is to gain control of have oil companies and interests in Iraq. Iraq’s oil. help people. It needs to stimulate jobs. They should be told that if they are of assist- In a front-page Sunday report subtitled And we owe it to the unemployed such ance in moving Iraq toward decent govern- ‘‘U.S. Drillers Eye Huge Petroleum Pool,’’ as Mr. Batista to act now. ment, we’ll do the best we can to ensure that The Washington Post said America’s oil in- Finally, obviously, I believe our eco- the new government and American compa- dustry—to which Bush and Cheney are close- nomic policy during the 1990s worked nies work closely with them.’’ But he added: ly tied—eagerly wants a ‘‘regime change’’ in

VerDate Sep 04 2002 04:13 Sep 21, 2002 Jkt 099060 PO 00000 Frm 00005 Fmt 4637 Sfmt 0634 E:\CR\FM\G20SE6.011 S20PT1 S8962 CONGRESSIONAL RECORD — SENATE September 20, 2002 Iraq so U.S. firms can begin drilling into Mr. BYRD. Mr. President, before the President, is that the United States, in Iraq’s vast, 112-billion-barrel reserve. Nation is committed to war, before we forcing war in Iraq, will end up shoot- So the Charleston Gazette of today send our sons and daughters to battle ing itself in the foot. Unless proper calls attention to the Washington Post in faraway lands, there are critical care and deliberation precede any ac- article which I have already read and questions that must be asked, and it is tion, we must not be hell-bent on an in- have included in the RECORD, the Wash- not unpatriotic to ask questions. vasion until we have exhausted every ington Post article of last Sunday. To date, the answers from the admin- other possible option to assess and Continuing with the Gazette edi- istration have been less than satis- eliminate Iraq’s supposed weapons of torial: fying. After weeks of criticism from destruction program. The White House supports the London- Congress and, indeed, from the coun- The United States must not act based Iraqi National Congress, an umbrella tries of the world, President Bush went alone. The United States must have organization of exiled Iraqi groups seeking to the United Nations to press his case the support of the world. to remove Saddam. INC [Iraqi National Con- that Iraq posed a serious threat to the Yesterday, the administration sent gress] leader Ahmed Chalabi told the Post peace and security of the globe. But in- to Congress a draft resolution to au- [the Washington Post] that, when a new re- stead of offering compelling evidence thorize the use of American military gime is installed in Baghdad, ‘‘American companies will have a big shot at Iraqi oil.’’ that the Iraqi regime had taken steps might against Iraq. In that resolution, The Washington [Post] quoted former CIA to advance its weapons program to the President Bush requests approval to Director James Woolsey:— point that it is necessary for the ‘‘use all means’’ he determines to be And I have also referred to his re- United States to deliver an unprovoked appropriate. In other words, the Presi- marks. But let me continue with the attack on a sovereign state—namely, dent is saying: Authorize me, the Charleston Gazette editorial: Iraq—the President offered the U.N. President, authorize the President to ‘‘use all means’’ he, the President, de- Amazing! more of a warning than an appeal for support. termines to be appropriate. In referring to what Mr. Woolsey was Instead of using the forum of the Congress must not hand this admin- saying, the Gazette said: U.N. General Assembly to offer evi- istration or any other administration a Amazing. This implies that Bush’s war dence and proof of his claims, the blank check for military action, pe- urge isn’t about ‘‘evil’’ or weapons. It’s about President basically told the nations of riod. What Congress needs is solid evi- oil. the world that ‘‘you are either with me dence. What we need are answers. Does ‘‘It’s about oil.’’ or against me.’’ Saddam Hussein pose an imminent Atlanta Journal-Constitution columnist ‘‘Do not question this stand,’’ the threat to the United States? Should Cynthia Tucker said the White House war President said. If the U.N. is unwilling the United States act alone as this ad- demands are ‘‘tainted with the sickening to act, then ‘‘by heritage and by ministration has been threatening to smell of gasoline.’’ choice, the United States of America do? Should Congress grant the Presi- Now, that was the Atlanta Journal- will make that stand.’’ dent authority to launch a preemptive Constitution. That is a Georgia paper While Mr. Bush tried to play the role attack on Iraq? What would be the re- that is known and read nationwide and of an international prosecutor, his case percussions in the Middle East? What internationally. was at best circumstantial. He did a would be the repercussions around the Let me read what that column said fine job in laying out the facts with re- globe? again: gard to the failure of the United Na- How many civilians would die in Atlanta Journal-Constitution columnist tions to uphold and take more compel- Iraq? How many American men and Cynthia Tucker said the White House war ling action in upholding its previous women would be involved? Will even demands are ‘‘tainted with the sickening resolutions. He made a fine statement greater numbers of National Guards- smell of gasoline.’’ in that regard. He made it clear that men and Reserves be called up to pre- Further reading from the Charleston the United Nations had not enforced its pare for an invasion? And if they are, Gazette of today: resolutions. Sixteen resolutions had what will happen to the war on ter- ‘‘If the Bush administration invades Iraq,’’ been adopted by that agency. rorism here at home? Will troops be she wrote— But in the days that followed that shifted from other missions to support Atlanta Journal-Constitution col- address, the administration officials a war against Iraq? umnist Cynthia Tucker— have attempted to provide some an- We have 8,500 men and women in Af- ‘‘future scholars will look back on this pe- swers to the looming question. How- ghanistan. We have forces in the Phil- riod and name the period for what it was: the ever, this week, when asked by the ippines, in Bosnia, in Kosovo and in Petroleum Wars. . . . What but oil could pos- House Armed Services Committee many other places throughout the sibly explain the Bush administration’s stub- members what was new, what was com- world. What are we going to do, pull all born insistence on attacking Saddam Hus- pelling to force the hand of this Nation of them out of those faraway places sein, who had no connection to the atrocities against Saddam Hussein, Secretary of and use them in an unprovoked attack of Sept. 11?’’ on the sovereign state of Iraq? Senator Robert C. Byrd, D-W.Va., has Defense Donald Rumsfeld offered noth- taken the lead in questioning President ing new. He pointed to the terrorist How do we afford this war? The gulf Bush’s warplans. acts of September 11 as compelling rea- war cost $61 billion. The gulf war of a We hope that he and colleagues in Congress son, and he said: decade ago cost $61 billion. Of that, try to learn whether the White House war The last thing we want is a smoking gun. other countries coughed up, in cash cry is designed to serve America’s oil indus- A gun smokes after it has been fired. The and in contributions in kind, $54 bil- try. goal must be to stop Saddam Hussein before lion, leaving, I believe, roughly $7 bil- Mr. President, I ask unanimous con- he fires a weapon of mass destruction lion, the cost to American taxpayers. sent that the Gazette editorial in its against our people. Now, what would it cost this time if entirety be printed in the RECORD at Well, he said the same thing before other nations are not helping the the close of my remarks today. the Senate Armed Services Committee United States to bear the financial bur- The PRESIDING OFFICER. Without on yesterday. He said: We are being den? Bruce Lindsey, the President’s objection, it is so ordered. asked what is new. economic adviser, says it might cost (See exhibit 2.) He said: What is new? September 11. $100 billion or $200 billion. And then he Mr. BYRD. Mr. President, how much Well, September 11 is not all that said: $100 billion why, that is nothing. time do I have? new, Mr. President, September 11 was He is quoted in the press as saying: $100 The PRESIDING OFFICER. The Sen- 365 plus 9 days, in other words, 374 days billion? That is nothing. Yet, this ad- ator has 141⁄2 minutes. ago. That is not so new. ministration won’t get its feet out of Mr. BYRD. Mr. President, I ask unan- With reference to Mr. Rumsfeld’s the concrete and head out of the sand imous consent that I may have an addi- statement concerning a smoking gun, when it comes to raising the top line tional 10 minutes, if needed. when he said, ‘‘The last thing we want for Congress to be able to utilize in The PRESIDING OFFICER. Without is a smoking gun. A gun smokes after passing 13 appropriations bills and objection, it is so ordered. it has been fired’’—my concern, Mr. sending them to the President—not

VerDate Sep 04 2002 04:13 Sep 21, 2002 Jkt 099060 PO 00000 Frm 00006 Fmt 4637 Sfmt 0634 E:\CR\FM\G20SE6.013 S20PT1 September 20, 2002 CONGRESSIONAL RECORD — SENATE S8963 willing to agree to $9 billion more than triotic to ask questions, when this President is going to become if the the President’s foot-in-concrete figure President is seeking powers that have Senate gives him this kind of author- of $759 billion. never been given to any other Presi- ity. The White House resolution would Congress needs $768 billion. The dent? authorize the President to use all House chairman, Mr. YOUNG, and this On September 19, yesterday, the means that he determines appropriate. chairman in the Senate, and Senator President sent to Congress his sug- What does that mean? What does TED STEVENS, ranking member on the gested text for a resolution to author- ‘‘appropriate’’ mean here? It would au- Senate Appropriations Committee, ize war with Iraq. The problems with thorize the President to use all means have agreed, and others agreed—and this proposed resolution are numerous. that he—I repeat, that he—determines this Senate has agreed—it should be When taken as a whole, this resolution appropriate, including forces, to re- $768 billion. There is a $9 billion gap be- would constitute the broadest possible store international peace and security tween what the President says and grant of war powers to any President in in the region. what the Congress needs to meet the the history of our Republic. The Presi- Mr. President, that is not an author- needs of the people. I am talking about dent has inherent powers under the ization for war with Iraq only. That veterans’ care, education, homeland se- Constitution to repel a sudden, unfore- language would allow the President to curity, and so on, these are the needs. seen attack on this Nation—nobody ar- march our troops into Iran, Syria, Leb- Congress would require—and has al- gues with that—but he doesn’t have in- anon, Yemen, the West Bank, and any- ready reported bills out of the Senate herent power under that Constitution where else that is part of the Middle Appropriations Committee which as- to launch an unprovoked offensive East or where the United States has sume the figure $768 billion. The Presi- military attack on another nation or any security interest in the Middle dent and his OMB Director say, no, $759 state. East. I cannot believe the gall and the billion; that is all. So, here we are— The resolution is an affront to the arrogance of the White House in re- stuck; 13 appropriations bills are stuck powers given by the Constitution to questing such a broad grant of war because of the administration’s im- Congress on matters of war. The first 2 powers. movability in dealing with the needs of pages of the draft resolution have 16 Mr. President, this is the worst kind the American people here at home. ‘‘whereas’’ clauses that would serve to of election year politics! The Administration, says: No, we explain the intent of Congress—if the EXHIBIT 1 won’t accept that. Hence, we have 13 resolution were adopted as it is writ- [From The Washington Post, Sept. 15, 2002] appropriations bills stuck. ten—in passing the resolution for the IN IRAQI WAR SCENARIO, OIL IS KEY ISSUE; Lawrence Lindsey has reportedly use of force. U.S. DRILLERS EYE HUGE PETROLEUM POOL said, with reference to a war against These clauses, as conceived by the (By Dan Morgan and Davis B. Ottaway) Iraq: ‘‘Oh, that might cost $100 billion White House, include numerous distor- or $200 billion. $100 billion? Well, that A U.S.-led ouster of Iraqi President Sad- tions of fact. For example, in the ninth dam Hussein could open a bonanza for Amer- is nothing.’’ That is the attitude of this ‘‘whereas’’ clause, it is asserted that ican oil companies long banished from Iraq, administration. That is the attitude of the United States has the inherent scuttling oil deals between Baghdad and Rus- this administration. right, as acknowledged in the U.N. sia, France and other countries, and reshuf- Has the United States ruled out re- Charter, to use force in order to defend fling world petroleum markets, according to sponding with nuclear weapons should itself, as if that is a justification for industry officials and leaders of the Iraqi op- Saddam Hussein use chemical or bio- position. preemptive war. Let me read the rel- Although senior Bush administration offi- logical weapons against our soldiers? evant section of the U.N. Charter: Does Saddam Hussein have the capa- cials say they have not begun to focus on the Nothing in the present charter shall impair issues involving oil and Iraq, American and bility to unleash weapons of mass de- the inherent right of individual or collective foreign oil companies have already begun struction within the United States? self defense if an armed attack occurs maneuvering for a stake in the country’s Does the United States have adequate against a member of the United Nations huge proven reserves of 112 billion barrels of military and intelligence resources to until the Security Council has taken meas- crude oil, the largest in the world outside fight a war in Afghanistan and a war in ures necessary to maintain international Saudi Arabia. Iraq while, at the same time, mobi- peace and security. The importance of Iraq’s oil had made it lizing resources to prevent or defend That does not seem to justify a pre- potentially one of the administration’s big- against attack within our own shores? emptive attack. In the 16th clause, it is gest bargaining chips in negotiations to win asserted that: backing from the U.N. Security Council and What will happen to this war here at Western allies for President Bush’s call for home? The President has the authority under the tough international action against Hussein. What will happen to homeland secu- Constitution to use force in order to defend All five permanent members of the Security rity if the President unleashes an the national security interests of the United Council—the United States, Britain, France, unprovoked attack on Iraq? Does any- States. Russia and China—have international oil one believe there would not be any re- At last, the administration has companies with major stakes in a change of percussions here at home? We have ter- awakened to the fact that there is still leadership in Baghdad. rorists within our midst in this coun- a Constitution. That is the first time ‘‘It’s pretty straightforward,’’ said former that I have ever read anything or heard CIA director R. James Woolsey, who has try. They are all about us. The FBI ar- been one of the leading advocates of forcing rested six in New York just recently. anything from the administration that Hussein from power. ‘‘France and Russia So the FBI is on the job. The FBI is would invoke the Constitution in this have oil companies and interests in Iraq. working to defend this country. But matter. Let’s see what they are saying. They should be told that if they are of assist- what else might happen? Are we fo- In the 16th ‘‘whereas’’ clause it is as- ance in moving Iraq toward decent govern- cused too greatly on fighting suspected serted that: ment, we’ll do the best we can to ensure that terrorism overseas, while focusing too The President has the authority under the the new government and American compa- little on the threat of terrorism here at Constitution to use force in order to defend nies work closely with them.’’ But he added: ‘‘If they throw in their lot with Saddam, it home? What is going to happen to the the national security interests of the United States. will be difficult to the point of impossible to needs of this country—the monetary persuade the new Iraqi government to work needs and the needs with respect to se- Well, that is the broadest reading of with them.’’ curity of our nuclear plants? What is the Commander in Chief clause I think Indeed, the mere prospect of a new Iraqi going to happen at our ports of entry I have ever seen. What about the power government has fanned concerns by non- and on our borders? What is going to of the Congress under article I, section American oil companies that they will be ex- happen within our midst if the Presi- 8 of the Constitution to declare war? cluded by the United States, which almost dent launches an unprovoked attack on That is not mentioned at all in the res- certainly would be the dominant foreign olution proposed by the White House. power in Iraq in the aftermath of Hussein’s Iraq? fall. Representatives of many foreign oil con- These are questions—and there are Mr. President, the White House reso- cerns have been meeting with leaders of the many more questions—that will be lution would authorize the President to Iraqi opposition to make their case for a fu- asked. If it is unpatriotic to ask ques- use all means that he determines—that ture stake and to sound them out about their tions, then I am unpatriotic. Is it unpa- he determines. What a colossus this intentions

VerDate Sep 04 2002 04:13 Sep 21, 2002 Jkt 099060 PO 00000 Frm 00007 Fmt 4637 Sfmt 0634 E:\CR\FM\G20SE6.016 S20PT1 S8964 CONGRESSIONAL RECORD — SENATE September 20, 2002 Since the Persian Gulf War in 1991, compa- Officials of the Iraqi National Congress dustry—to which Bush and Cheney are close- nies form more than a dozen nations, includ- said last week that the INC’s Washington di- ly tied—eagerly wants a ‘‘regime change’’ in ing France, Russia, China, India, Italy, Viet- rector, Entifadh K. Qanbar, met with Rus- Iraq so U.S. firms can begin drilling into nam and Algeria, have either reached or sian Embassy officials here last month and Iraq’s vast, 112-billion-barrel reserve. sought to reach agreements in principle to urged Moscow to begin a dialogue with oppo- The White House supports the London- develop Iraqi oil fields, refurbish existing fa- nents of Hussein’s government. based Iraqi National Congress, an umbrella cilities or explore undeveloped tracts. Most But even with such groundwork, the organization of exiled Iraqi groups seeking of the deals are on hold until the lifting of chances of a tidy transition in the oil sector to remove Saddam. INC leader Ahmed U.N. sanctions. appear highly problematic. Rival ethnic Chalabi told the Post that, when a new re- But Iraqi opposition officials made clear in groups in Iraq’s north are already squabbling gime is installed in Baghdad, ‘‘American interviews last week that they will not be over the the giant Kirkuk oil field, which companies will have a big shot at Iraqi oil.’’ bound by any of the deals. Arabs, Kurds and minority Turkmen tribes- The Washington paper quoted former CIA ‘‘We will review all these agreements, defi- men are eyeing in the event of Hussein’s fall. Director James Woolsey: nitely,’’ said Faisal Qaragholi, a petroleum Although the volumes have dwindled in re- ‘‘It’s pretty straightforward. France and engineer who directs the London office of the cent months, the United States was import- Russia have oil companies and interests in Iraqi National Congress (INC), an umbrella ing nearly 1 million barrels of Iraqi oil a day Iraq. They should be told that if they are of organization of opposition groups that is at the start of the year. Even so, American assistance in moving Iraq toward decent gov- backed by the United States. ‘‘Our oil poli- oil companies have been banished from di- ernment, we’ll do the best we can to ensure cies should be decided by a government in rect involvement in Iraq since the late 1980s, that the new government and American com- Iraq elected by the people.’’ when relations soured between Washington panies work closely with them.’’ Ahmed Chalabi, the INC leader, went even Amazing. This implies that Bush’s war and Baghdad. urge isn’t about ‘‘evil’’ or weapons. It’s about further, saying he favored the creation of a Hussein in the 1990s turned to non-Amer- oil. U.S.-led consortium to develop Iraq’s oil ican companies to repair fields damaged in fields, which have deteriorated under more Atlanta Journal-Constitution columnist the Gulf War and Iraq’s earlier war against than a decade of sanctions. ‘‘American com- Cynthia Tucker said the White House war Iran, and to tap undeveloped reserves, but panies will have a big shot at Iraqi oil,’’ demands are ‘‘tainted with the sickening U.S. government studies say the results have Chalabi said. smell of gasoline.’’ The INC, however, said it has not taken a been disappointing. ‘‘If the Bush administration invades Iraq,’’ While Russia’s Lukoil negotiated a $4 bil- formal position on the structure of Iraq’s oil she wrote, ‘‘future scholars will look back on industry in event of a change of leadership. lion deal in 1997 to develop the 15-billion-bar- this period and name the period for what it While the Bush adminsitration’s campaign rel West Qurna field in southern Iraq, Lukoil was: the Petroleum Wars.... What but oil against Hussein is presenting vast possibili- had not commenced work because of U.N could possibly explain the Bush administra- ties for multinational oil giants, it poses sanctions. Iraq has threatened to void the tion’s stubborn insistence on attacking major risks and uncertainties for the global agreement unless work began immediately. Suddam Hussein, who had no connection to oil market, according to industry analysts. Last October, the Russian oil services com- the atrocities of Sept. 11?’’ Access to Iraqi oil and profits will depend pany Slavneft reportedly signed a $52 million Sen. Robert C. Byrd, D–W.Va., has taken on the nature and intentions of a new gov- service contract to drill at the Tuba field, the lead in questioning President Bush’s war ernment. Whether Iraq remains a member of also in southern Iraq. A proposed $40 billion plans. the Organization of Petroleum Exporting Iraqi-Russian economic agreement also re- We hope that he and colleagues in Congress Countries, for example, or seeks an inde- portedly includes opportunities for Russian try to learn whether the White House war pendent role, free of the OPEC cartel’s companies to explore for oil in Iraq’s western cry is designed to serve America’s oil indus- quotas, will have an impact on oil prices and desert. try. the flow of investments to competitors such The French company Total Fina Elf has Mr. BYRD. Mr. President, I yield the as Russia, Venezuela and Angola. negotiated for rights to develop the huge floor and suggest the absence of a While Russian oil companies such as Majnoon field, near the Iranian border, quorum. Lukoil have a major financial interest in de- which may contain up to 30 billion barrels of The PRESIDING OFFICER. The veloping Iraqi fields, the low prices that oil. But in July 2001, Iraq announced it would could result from a flood of Iraqi oil into no longer give French firms priority in the clerk will call the roll. world markets could set back Russian gov- award of such contracts because of its deci- The senior assistant bill clerk pro- ernment efforts to attract foreign invest- sion to abide by the sanctions. ceeded to call the roll. ment in its untapped domestic fields. That is Officials of several major firms said they Mr. NELSON of Florida. Mr. Presi- because low world oil prices could make were taking care to avoiding playing any dent, I ask unanimous consent that the costly ventures to unlock Siberia’s oil treas- role in the debate in Washington over how to order for the quorum call be rescinded. ures far less appealing. proceed on Iraq. ‘‘There’s no real upside for The PRESIDENT pro tempore. Hear- Bush and Vice President Cheney have American oil companies to take a very ag- ing no objection, the quorum call will worked in the oil business and have long- gressive stance at this stage. There’ll be be terminated. standing ties to the industry. But despite the plenty of time in the future,’’ said James The Senator from Florida, Mr. NEL- buzz about the future of Iraqi oil among oil Lucier, an oil analyst with Prudential Secu- SON. companies, the administration, preoccupied rities. with military planning and making the case But with the end of sanctions that likely f about Hussein’s potential threat, has yet to would come with Hussein’s ouster, compa- IRAQ AND HOMELAND DEFENSE take up the issue in a substantive way, ac- nies such as ExxonMobil and ChevronTexaco cording to U.S. officials. would almost assuredly play a role, industry Mr. NELSON of Florida. I thank the The Future of Iraq Group, a task force set officials said. ‘‘There’s not an oil company President pro tempore for the recogni- up at the State Department, does not have out there that wouldn’t be interested in tion, and I thank the Senator from oil on its list of issues, a department spokes- Iraq,’’ one analyst said. West Virginia, who just delivered a man said last week. An official with the Na- Staff writer Ken Bredemeier contributed to very insightful statement of why the tional Security Council declined to say this report. whether oil had been discussed during con- Constitution must be protected and not shredded, why the Constitution must sultations on Iraq that Bush has had over EXHIBIT 2 be adhered to in a protection of the the past several weeks with Russian Presi- [From the Charleston Gazette Online, Sept. dent Vladimir Putin and Western leaders. 20, 2002] carefully constructed separation of On Friday, a State Department delegation powers which gives us the checks and WAR FEVER: BUSH, CHENEY WON’T STOP concluded a three-day visit to Moscow in balances that have allowed this Gov- Although Iraq agreed to readmit U.N. connection with Iraq. In early October, U.S. ernment to endure for well over two and Russian officials are to hold an energy weapons inspectors, President Bush and Vice summit in Houston, at which more than 100 President Cheney still are clamoring for U.S. centuries, to be the strong Government Russian and American energy companies are military action to topple dictator Saddam it is because, as a great British states- expected. Hussein. man once said: Power corrupts, and ab- Rep. Curt Weldon (R–Pa.) said Bush is The White House continues its mantra solute power corrupts absolutely. keenly aware of Russia’s economic interests that war is necessary because Saddam is In the 1780s, when those political in Iraq, stemming from a $7 billion to $8 bil- ‘‘evil’’ and he’s secretly making weapons of geniuses gathered to construct a docu- lion debt that Iraq ran up with Moscow be- mass destruction. But this justification may ment upon which this new Nation fore the Gulf War. Weldon, who has cul- be a smoke screen. Some observers say the could be based and the delicate checks tivated close ties to Putin and Russian par- administration’s hidden motive is to gain liamentarians, said he believed the Russian control of Iraq’s oil. and balances were entered, as well as leader will support U.S. action in Iraq if he In a front-page Sunday report subtitled the spirit of compromise in that Con- can get private assurances from Bush that ‘‘U.S. Drillers Eye Huge Petroleum Pool,’’ stitutional Convention, they set off one Russia ‘‘will be made whole’’ financially. The Washington Post said America’s oil in- branch of Government from the other.

VerDate Sep 04 2002 04:13 Sep 21, 2002 Jkt 099060 PO 00000 Frm 00008 Fmt 4637 Sfmt 0634 E:\CR\FM\A20SE6.006 S20PT1 September 20, 2002 CONGRESSIONAL RECORD — SENATE S8965 Thus, as we come to this very serious hind us? There is an election going on So, as we approach homeland defense, determination of what to do in Iraq, we right now in Germany, and that cer- we have a great number of decisions to have to be mindful of the Constitution tainly does not seem to be the political make about which we had better be and its separation of powers. Clearly, talk in Germany. Germany is one of cautious. Otherwise, going back to my the Constitution gives that awesome our closest allies. initial comments of commendation for and very weighty responsibility of de- There is also an election going on the Senator from West Virginia and his claring war to the legislative branch of right now in Turkey, our very substan- comments about Iraq and concern Government. There was a reason for tial ally. That election is in November. about the Constitution being shredded that: So that no Executive would go off With the talk of war, with the immi- with regard to an invasion of Iraq, so, on a whim or on ill advice and start nent possibility of war, how much of a too, we have concerns about the Con- war but, rather, that the representa- possibility is there that the election stitution not being obeyed by the Con- tives of the people in this body and the would throw to a religious party the gress performing its appropriate legis- body at the other end of the U.S. Cap- opportunity to govern Turkey instead lative role as a check and a balance, as itol would be involved in that decision- of the secular government that has an overseer, as an appropriator of the making and, in fact, would make that given such stability, particularly mili- funds, for this new Department that is decision and then reflect the will of the tary stability, in that part of the to be created. people. world? I offer these comments today, and I I thank the Senator from West Vir- Then the question arises, which I had thank the Senator from West Virginia ginia for a very cogent and timely the opportunity to ask the Secretary of for his very insightful comments. It is statement. Defense yesterday in the Armed Serv- always a pleasure to listen and to learn There is trouble in the Middle East ices Committee, what about after there from the Senator from West Virginia. and central Asia. I have been to Af- has been the regime change? Is it going I yield the floor, and I suggest the ab- ghanistan twice since the first of the to be a regime that would be friendly sence of a quorum. year. I have been to Pakistan twice. I to the United States? Would Iraq be The PRESIDENT pro tempore. The have been to India. I have been in the kept intact, or would it be ripped asun- clerk will call the roll. middle of that situation, urging the der?—I might say, to the chagrin of our The senior assistant bill clerk pro- leaders of India and Pakistan to reduce ally Turkey. What is the plan for the ceeded to call the roll. Mr. NELSON of Florida. Mr. Presi- the tensions on the Kashmir border be- United States to be involved for the dent, I ask unanimous consent that the cause the last thing the world needs is long term in Iraq, militarily and eco- an exchange of nuclear weapons. Par- order for the quorum call be rescinded. nomically? We saw that in the phe- The PRESIDENT pro tempore. With- ticularly, that would hurt us because nomenal military success we had in Af- both of those countries are helping us out objection, it is so ordered. ghanistan—mostly success; some not The Senator from Florida is recog- in our war against terrorism. so successful, such as Tora Bora. We I have been to the Middle East, and nized. saw that in the midst of all of that suc- Mr. NELSON of Florida. Mr. Presi- that is a troubled part of the world. As cess, in a much different situation, the dent, I have had the pleasure of de- we approach this most momentous and hard reality, after the fact, that the scribing some of my concerns with re- solemn occasion about whether or not, United States is going to need to be a gard to the possible invasion of Iraq in effect, to declare war by giving the military and economic presence in Af- and also the knitting together of the President of the United States the au- ghanistan for a very long time. most massive reorganization of the thority for the expenditure of funds to Otherwise, if we leave, it will be like Federal Government over the last half conduct such a war, we must be mind- when we left in the late 1980s. After the century and the creation of a new De- ful, and the questions must be an- Soviets got whipped, they tucked their partment of Homeland Defense. This is swered: tail between their legs and left, and we, a massive undertaking. It involves What will a war in Iraq do to our war assisting the victors, also left; it cre- against terrorism? Will it be hurt? Will some 170,000 people. It involves scores ated a vacuum, and that vacuum was of agencies, with an annual $38 billion it be helped? Will our war against ter- filled by the terrorists. rorism be set aside? Will our attempt budget. So in any post-Saddam Hussein Iraq, Implied in my remarks is the urging to cut off the head of the snake that it is going to take a lot of effort and of caution as we approach the creation operates the al-Qaida machine be de- time and resources by the United of this agency. One of the items to be terred in any way? States, and I want to see the adminis- What will happen to the flow of oil discussed in the Senate at a future tration spell that out clearly, as the out of that region of the world to the time will be an amendment offered by Secretary of Defense started to do yes- industrialized world? the Senator from West Virginia to take What is the number of troops that is terday in response to my question. a cautious and deliberative approach in going to be required? There is a lot of detail to be filled in. knitting together this massive agency. How likely are the casualties, and It brings us to another question. We The directorates would be set up under how many American lives can we ex- have in front of the Senate this ques- the legislation right away, but their pect to lose. tion of homeland defense, and there is implementation would occur over the How many troops are we going to not one of us in this Chamber who does course of 13 months. It would be done have to hold in reserve? Fighting door not want to have a reorganization of on a phased-in basis, in which the Con- to door in downtown Baghdad is going the Government so one hand knows gress would be consulted as it is phased to be a different kind of war, and I do better what the other hand is doing, so in, where there would be time to make not think we can go into Iraq assuming one hand knows better how we can co- sure in the example that I have given that the opposition is suddenly going ordinate, and a reorganization of the earlier about the Coast Guard func- to melt away and that the army is Government can achieve that. In the tions other than the homeland security going to step forth and suddenly lay process, let’s not overdo ourselves function that, in fact, the Coast Guard down its arms. where we take away worker protec- would not be deterred from its multiple I personally believe that Saddam tions, where we strip apart agencies service roles. Hussein has chemical and biological such as the Coast Guard, which is a It is a wise approach the Senator weapons, and I personally think he is necessary part of the homeland de- from West Virginia has brought to the trying to develop nuclear weapons. If fense. The Coast Guard has a lot of table in slowing down the process. I he, in fact, has chemical and biological other duties to perform. Particularly, hope our colleagues will see the wis- weapons, will our troops be prepared if if one comes from a State such as mine dom of protecting the separation of those weapons of mass destruction are that has such tremendous coastline, powers as provided in the Constitution, utilized against our troops or utilized the Coast Guard performs innumerable and the wisdom of us being sure that against any of the neighbors in the re- functions not only of search and rescue instead of their being such a mass of gion? but of drug interdiction, and of course confusion in a reorganization all at Are we going to be able to approach their duties have been heightened so once, that it would be done in a delib- a war in Iraq with our allies solidly be- much now on port security. erative and phased-in approach.

VerDate Sep 04 2002 04:13 Sep 21, 2002 Jkt 099060 PO 00000 Frm 00009 Fmt 4637 Sfmt 0634 E:\CR\FM\G20SE6.019 S20PT1 S8966 CONGRESSIONAL RECORD — SENATE September 20, 2002 Mr. BYRD. Will the Senator yield? with Congress relegating itself to the Listen. Hear me. Why, the Members of Mr. NELSON of Florida. Certainly. sidelines. the Senate aren’t that greatly inter- Mr. BYRD. I ask unanimous consent The hand of Congress ought to be ested in this bill. Facing us in less than that the Senator have an additional 5 there. Congress ought to conduct its 2 months is a big election. All of a sud- minutes, and that the previous order be constitutional responsibility of over- den this administration, which as late extended for an additional 5 minutes. sight in seeing that these agencies are as the middle of August has been say- The PRESIDING OFFICER (Mrs. put into the various directorates in an ing that there were ‘‘no plans on the CLINTON). Without objection, it is so orderly way throughout the 13 months. President’s desk’’ to go to war with ordered. The Lieberman committee and its Iraq. I asked the Secretary of State Mr. BYRD. Madam President, I counterpart in the House under my that question in a committee hearing: thank the Senator from Florida for his amendment would be front and center oh, there is ‘‘no plan. The President perspicacious remarks. He has not been throughout the 13 months. That com- doesn’t have any plan on his desk.’’ I asleep. He has been ill with a tem- mittee would still be in the driver’s asked the Secretary of Defense. Oh, the porary ailment, but he is back on the seat, and every 4 months there would President has no plans. The President mend. He is ready to go. be another shift of agencies and direc- himself has been quoted time and time I also thank my friend for his expres- torates, every 4 months, until it is again saying he has no plans; ‘‘there is sion of support for my amendment. completed, over a 13-month period. no plan on my desk.’’ That amendment will be voted on next All the while, Mr. LIEBERMAN’s com- All of a sudden, bam, the administra- Tuesday. It will be voted up or down. mittee would take the policies and the tion wants to go to war with Iraq. It Senators will have an opportunity to recommendations of the Secretary of wasn’t too long ago, I can remember go on record, if they support that Homeland Security, look at them, de- the Secretary’s public spokesman and amendment, an opportunity to support bate them in the committee, amend Ari Fleischer and some others in the the creation of a Department of Home- them, and report the legislation to the administration, saying: ‘‘Why have a land Defense. In voting for my amend- Senate, and then the Senate would Department of Homeland Defense? We ment, they will have an opportunity to take the legislation, report it from the don’t need one.’’ That wasn’t long ago. say that we are not going to hand this Lieberman committee, and debate it, But all of a sudden, all of a sudden the whole package of homeland security as amend it, send it to the President. President was dropping in the polls and it is envisioned in the House or Senate I have said we could have expedited the domestic situation was such that bill. I refer to the Senate bill as the procedure. I am not a Senator who the administration was appearing to be Lieberman bill. likes expedited procedure, but in this much like the Emperor who had no Once the Senate passes on the home- situation I would be willing to have ex- clothes. All of a sudden, bam, all of land security bill, then the Senate bill pedited procedures to see that the bill this war talk—the war fervor, the would go to the conference. The con- doesn’t fall through the cracks in the drums of war, the bugles of war, the ference report eventually would come committee, and that it is not filibus- clouds of war—this war hysteria has back to both Houses, and the Senate tered or delayed in the Senate. blown in like a hurricane. And what will not have an opportunity on the That is my prescription, my amend- has that done to the President’s polls? conference report to amend. All the ment for order: a phased filling out of Seventy percent. Senate will be able to do is vote up or the department by agencies and offices, Don’t tell me that things suddenly down on the conference report. under continuing congressional over- went wrong. I sat in on some of the se- Under the House bill or under the sight, avoiding the chaos that will oth- cret briefings and nobody from the ad- Lieberman bill, the overall time cer- erwise occur just by handing this whole ministration in those secret briefings tainly under the Lieberman bill, the thing over to the President and the ad- has been able to answer the question: overall period for the ‘‘fleshing out’’ of ministration—hook, line, and sinker. Why now? Why all of a sudden, when this Department of Homeland Security, Just mark my words. I am seeking to the administration was saying back this fleshing out by moving various improve the Lieberman bill. I am not just in August the President has no and sundry agencies and offices into adversarial to the Lieberman bill. But plans? Let’s not have all of this angst the several directorates that are estab- if we don’t adopt my amendment, or about war. lished by the Lieberman bill, and the something like it, there is going to be All of a sudden this country is going five directorates that are mentioned in chaos, and instead of having a measure to war. And the President is saying, I’ll my amendment thereto, that fleshing that will promote the security of our do this if the U.N. doesn’t do it. out would occur under the Lieberman homeland and its people, we will be Now, all of a sudden, is the Adminis- bill over a period of 13 months. taking our eyes off the terrorists, off tration talking about the domestic sit- But in passing the Lieberman bill, homeland security. uation in this country? Are they talk- and it is light-years ahead of the House The federal agencies are out there, ing about the stock market? Are they bill, it is a better bill than the House working now to provide homeland secu- talking about the weakness of the bill, but it can be improved. That is rity. The passage of the Lieberman bill economy? Are they talking about the what I am attempting to do with my is not necessary in order to get these jobs that are being lost? Are they talk- amendment. Under the Lieberman bill, people out there guarding the ports of ing about the decrease in housing over a period of 13 months, Congress entry—the rivers and seaports and air- starts in this country? No. No. will be putting itself on the sidelines. ports and the southern and northern The war clouds are there. All of a The Senate will be saying: OK, Mr. borders. They are already out there sudden this administration sends up a President, it is all yours. You have 13 working now, every day. The FBI, just resolution to Congress that is a non- months. Congress is going fishing. You a few days ago, in the State of New starter, to give this President the au- have it. It is all yours. York, located a cell and arrested six thority that he is asking for. Not by Now, nothing would please this Presi- persons. Did the FBI have to wait on this Constitution will I give my vote dent more than to have such a blank this homeland security bill? There is on that resolution. That resolution is check handed to him. The Lieberman no great outcry out there in the coun- going to take some work. But all of a bill, in that respect, is a Tonkin Gulf try; there is no great clamor for a sudden? Why is it? Is it politics? resolution on homeland security. Con- homeland security bill. When I go to The Constitution is apparently irrel- gress will be removing itself to the West Virginia, people don’t come up to evant to people in this administration. sidelines for those 13 months, and the me and say: Senator, let’s get that What is wanted here by the administra- President and this administration— homeland security bill passed. When tion is for Congress, in connection with think about that carefully—with its are you going to pass that bill? There war, to do the same as they want Con- penchant for secrecy, its penchant for is no great clamor out there. As a mat- gress to do in homeland security—hand operating out of the White House, hav- ter of fact, it is hard to get anyone to over the whole authority and say: Take ing no limitations, will have full au- listen to a discussion of the subject. it, Mr. President. It’s all yours for the thority to move agencies and 170,000 I have been on this Senate floor time next 13 months. Congress is going fish- employees into this new department, and time again, asking to be heard. ing. We are not going to be in the mix.

VerDate Sep 04 2002 04:13 Sep 21, 2002 Jkt 099060 PO 00000 Frm 00010 Fmt 4637 Sfmt 0634 E:\CR\FM\G20SE6.022 S20PT1 September 20, 2002 CONGRESSIONAL RECORD — SENATE S8967 Congress relegates itself to the side- challenge. Our men and women in uni- There are many important issues we lines. form are addressing that challenge should be debating that also will deter- How foolish can we be as Members of even as we speak—all over the world mine the quality of our life and the op- the Senate to tuck our tails between from Afghanistan to the Persian Gulf portunities for our children. our legs and just quit and say: ‘‘You to the border of North and South I hope, as people tune in to see what can have it all, Mr. President. Do any- Korea, and many other places as well. happens on the Senate floor—when thing you want to do with homeland All of us support our military and have they see the Senator from West Vir- security.’’ Well, not by my vote. voted to provide the largest appropria- ginia or the Senator from Arizona tak- I thank the distinguished Senator for tions ever in our history to give our ing to the floor to talk about an issue— his remarks. men and women who put themselves in that they recognize that we believe we Madam President, I yield the floor. I harm’s way all of the resources, tech- are acting in the great tradition, not suggest the absence of a quorum. nology and compensations that our only of the American Senate and Con- The PRESIDING OFFICER. The great military deserves. gress, but of America’s citizenry, be- clerk will call the roll. We have a new challenge; that is, the cause there isn’t any greater title than The senior assistant bill clerk pro- challenge of homeland security. Cer- one can have than citizen of the United ceeded to call the roll. tainly, many of us have not had to States of America. think of this issue as we are now. I, as one Senator, appreciate the Sen- f On September 11 of last year when we ator’s vigilance, his constant reminder EXTENSION OF MORNING were so grievously attacked, it became to the rest of us that we are here be- BUSINESS clear that we had to begin to apply the cause of our Founders, their genius, techniques of security much closer to and the Constitution which they be- Mrs. CLINTON. Mr. President, I ask home that we have used to defend queathed to us. The debates we are unanimous consent the order for the America’s interests abroad for so many holding on this important issue of na- quorum call be rescinded and the time generations. We have to take a very tional homeland security and other for morning business be extended. hard look at our vulnerabilities, our in- pressing domestic issues are in the tra- The PRESIDENT pro tempore. There frastructure, our borders, and our pub- dition of those Founders. being no objection to the calling off of lic health capacity to deal with bio- I thank the Chair. I yield the floor. the quorum, further proceedings under logical or chemical warfare. And it re- The PRESIDENT pro tempore. The the call are waived. quires every one of us—not just those Senator from Arizona, Mr. MCCAIN. The distinguished Senator from New in elective office but every citizen—to York, Mrs. CLINTON, is recognized. become more vigilant and to under- f Did the Senator have a further re- stand that we are truly facing some se- EXTENSION OF MORNING quest? rious threats. BUSINESS Mrs. CLINTON. That the time for At the same time, though, there is no Mr. MCCAIN. Mr. President, I ask for morning business be extended. reason for us not to debate the best the forbearance of the distinguished The PRESIDENT pro tempore. With- way to defend ourselves. In every gen- President pro tempore and ask unani- out objection, it is so ordered. For how eration of America, we have had great mous consent that we extend morning many minutes would the Senator sug- debates about how to fight wars and business by about 5 minutes. gest? how to structure our national security. The PRESIDENT pro tempore. With- Mrs. CLINTON. Ten minutes, Mr. Now we are having a debate about how out objection, it is so ordered. President. to deal with the new demands of home- The Senator from Arizona is recog- The PRESIDENT pro tempore. With- land security. nized. out objection, it is so ordered. The Sen- I applaud the Chair for his absolutely Mr. MCCAIN. Mr. President, I thank ator from New York is recognized. rock-solid commitment, his totally the Senator from New York for her uncynical and heartfelt commitment f kind words about our efforts towards to make sure we do this right. It is a THANKING SENATOR BYRD huge undertaking. Are we being asked addressing some of the important issues of the day. I thank her. Mrs. CLINTON. Mr. President, I ex- to merge departments just so some- press my appreciation, and I know the body can say we did something or are f appreciation of many of our colleagues, we going to do it right? It is the right CONDITION IN GEORGIA of patriotism to ask hard questions. for the Chair’s steadfast defense of the Mr. MCCAIN. Mr. President, despite That is who we are as Americans. We Constitution and for his reminder to America’s preponderant role in the are not people who are blindly led. We constant all of us, that the Senate, world, it is not often that foreign lead- are not sheep who follow any leader’s being the premier deliberative body in ers tell us that their country would not oratory. We are an independent, free- the world and, as he often says, one of exist as an independent state were it two such great deliberative Senates spirited, liberty-loving people. When we have debates, either on the not for U.S. support. Yet leaders across ever to be seen by history, has an im- the spectrum in the former Soviet re- portant role to play in ensuring that floor of the Senate or in the media, about the right way to proceed, those public of Georgia, including President the decisions that are made today will Eduard Shevardnadze and his political stand the test of time and will be made of us who engage in that debate do so out of a deep wellspring of love and de- opponents, frankly and gratefully at- in concert with our constitutional votion to our country. No one exempli- tribute their national survival to framework and our obligations as Sen- fies that more than the senior Senator unstinting American support since ators. from West Virginia. their independence from Soviet rule f In addition to our national security eleven years ago. In a troubling display challenges and our homeland security of how history does not always move in THREE GREAT CHALLENGES challenges, we have all of the chal- a positive direction, Georgia’s inde- FACING OUR NATION lenges we had on September 10 of last pendence is once again under threat, Mrs. CLINTON. Mr. President, in the year. We have an economy that is with repercussions that should concern recent colloquy and discussion that the stalled. We have a so-called ‘‘jobless re- all who cherish freedom. Senator from West Virginia, our cur- covery.’’ We can’t seem to come to- In an opportunistic twist of Presi- rent Chair, had with the Senator from gether on important issues. dent Bush’s policy of pre-emption Florida, many important issues were I am delighted to see my colleague against clear and present dangers to raised about homeland security and from Arizona in the Chamber. Senator America and the world, President how best to pursue the defense of our MCCAIN has been a leader and advocate Putin of Russia has appropriated homeland. for prescription drugs and for patients American rhetoric in the war on ter- I don’t think anyone argues we now getting the right to have the treatment rorism to justify Russian subversion of face three great challenges in our Na- their doctors prescribe—not an HMO or the Georgian state. A free Russian tion. First, we have a national security some bureaucrat somewhere. hand in Georgia is apparently the price

VerDate Sep 04 2002 04:13 Sep 21, 2002 Jkt 099060 PO 00000 Frm 00011 Fmt 4637 Sfmt 0634 E:\CR\FM\G20SE6.025 S20PT1 S8968 CONGRESSIONAL RECORD — SENATE September 20, 2002 President Putin believes the United alarmed by continuing reports that across the former Soviet Union when States is willing to pay for Russia’s Chechen militants and members of al- imperial rule crumbled. support for military action against Qaida have taken refuge in Georgia’s Strengthening the Georgian Govern- Iraq. President Bush and the Congress lawless Pankisi Gorge. America’s prop- ment’s capacity to control parts of its of the United States should disabuse er response was to deploy American own country and working with Amer- our friends in Moscow of this illusion, Special Forces teams to Georgia to ican and Georgian officials to elimi- immediately. train and equip Georgian security nate terrorists from Georgian terri- President Putin rode to power on forces to take control of the gorge and tory, on terms acceptable to the Geor- promises to defeat Chechen separatists enforce Georgian control over its terri- gian Government, is an interest Mos- in Russia’s south. Reports indicate tory. cow shares with Washington and that members of Al Qaeda and other President Shevardnadze has an- Tbilisi. It is one we can advance to- terrorist groups operate in Chechnya. nounced a major Georgian military op- gether, in the spirit of partnership that Russia has a right and an obligation to eration, with U.S. military advisors, to characterizes our cooperation in the bring these legitimate terrorists to jus- root out terrorists in Pankisi. Inter- war on terrorism—not in the spirit of tice. But rather than targeting them national monitors are already sta- rivalry and spheres of influence that and their Chechen comrades in arms, tioned along Georgia’s border with recall an unpleasant past. Russian forces have conducted a mili- Chechnya, and President Shevardnadze Leaders in Moscow must know that tary campaign of astonishing brutality has proposed expanding this moni- no nation has a greater stake in wiping against Chechnya’s civilian population toring force to prevent militants from out al-Qaida’s global terror network as leaders in the West have looked the finding refuge in Georgia in the future. than the United States. We would other way. Shevardnadze yesterday pledged to ex- never countenance any Georgian ac- At the same time, Presidents Bush tradite 13 men that Russia says are tions to wink at terrorism within its and Putin have brought about a his- Chechen guerrillas captured by Geor- borders; indeed, our deployment of toric change in U.S.-Russia relations gian security officials. American Special Forces to Georgia is that is moving our two nations from ri- The United States and Russia, in the a measure of the seriousness with valry to strategic partnership. We in spirit of strategic partnership both which we take the threat terrorists the United States welcome this devel- countries profess, have a willing part- pose to Georgia and the region. In the opment. But there can be no true part- ner in President Shevardnadze to same way, President Putin and those nership absent Russian commitment to eliminate any terrorist presence in around him must know that we cannot the fundamental values that guide Georgia that Moscow correctly per- countenance unilateral Russian mili- American policy in these areas. ceives to threaten its interests. But tary action that puts Georgia’s inde- I believe President Putin has indeed Russia has rejected Georgia’s candid, pendence at risk. I hope President made a historic decision to align his and unprecedented, proposals to co- Putin will make the choice that befits country with the West as Russia moves operate in eradicating terrorism. In- his role as an enlightened leader of the away from its imperial past and to- stead, Russia seems to want to use the Russian people, and does not cast his wards a democratic, prosperous future. terrorist problem as a means of re- lot with the officers and civilians Yet Russia’s threat to Georgia, like asserting Russian control in Georgia, around him who believe Russian can Russia’s brutality in Chechnya, calls to which already suffers the presence of assert imperial control over a sov- mind a discredited, imperial past three Russian military bases and sepa- ereign neighbor without consequence. whose resurgence threatens the trans- ratist conflicts supported by Moscow. There will be consequences—and no formation in U.S.-Russian relations Some in Moscow do not understand friend of Russia or Georgia should sug- and, in particular, our joint commit- that unilateral and preemptive Russian gest otherwise. ment to eradicating the networks of military operations in Georgia make (Mrs. CLINTON assumed the Chair.) Mr. MCCAIN. Madam President, I ask global terror that threaten both our the situation worse, not better. These unanimous consent that a Wall Street peoples. operations threaten to turn Russia’s Journal editorial of September 16, 2002, Seized by the domestic political costs desire to root out a small group of ter- entitled ‘‘Putin’s Iraq Price’’ a Sep- of a grinding war in Chechnya that rorists into an international crisis that tember 19, 2002, editorial in the Wash- Russia cannot win militarily, and cal- threatens what President Putin cher- ington Post, entitled ‘‘A Parody Of culating that President Bush’s doctrine ishes—a robust partnership with the Partnership’’ and an editorial from the of pre-emption somehow applies to West that he has defined as Russia’s fu- Economist magazine of September 21, both a megalomaniacal tyrant like ture. 2002, entitled ‘‘Putin’s folly’’ be printed Saddam Hussein and a democratically It is unacceptable and immoral for in the RECORD. oriented, pro-Western leader like any American leader to countenance There being no objection, the article Eduard Shevardnadze, President Putin Russia’s increasingly open campaign was ordered to be printed in the has sent Russian jets to bomb targets for control of its neighbor to the RECORD, as follows: in Georgia. Putin openly outlines his south—which is why no American lead- [From the Wall Street Journal, Sept. 16, plans for a Russian invasion of Georgia er will do so. But pressure from Mos- 2002] to wipe out terrorism there. Motivated cow works in insidious ways. One ‘‘sen- PUTIN’S IRAQ PRICE by a deep dislike of President ior Administration official’’ recently One danger of President’s Bush’s otherwise Shevardnadze, whom they blame for told the New York Times, ‘‘Looking successful overture to the United Nations on the Soviet Union’s disintegration and now at the new strategic cir- Iraq is the price the U.S. will have to pay to who has been targeted for assassina- cumstances, I think there may be some win Security Council approval. Russian tion by figures linked to Moscow, and rethinking about how we handle the President Vladimir Putin has already sub- tempted by visions of Russian control Georgian situation. I think there’s a mitted his bill, requesting a global wink at over Russia’s oil-rich Near Abroad, recognition the Russian government military intervention in what used to be So- some Russian leaders seem to believe has a legitimate security concern.’’ viet Georgia. The United States properly shares Even as the U.N. was still digesting Mr. the impunity Russia has enjoyed in Bush’s speech last Friday, Mr. Putin appro- Chechnya would carry over to Russian Russia’s concern about foreign terror- priated the language of U.S. policy to justify military operations against its sov- ists seeking refuge in Georgia, and can his Georgian meddling. He accuses his south- ereign neighbor. They are wrong. surely find a way to advance our mu- ern neighbor of harboring Chechen rebels and Russia’s civilian and military leader- tual interest in helping Georgia end in- others he calls terrorists, and the bold Rus- ship must know that our growing, and cursions by these people. But giving sian hopes Mr. Bush will give him a pass in welcome, strategic partnership in the Russia carte blanche to impose its own return for approving action against Iraq. war on terror does not sanction unilat- solution—as it has, brutally, in This is an offer we hope the U.S. refuses, not eral Russian military adventurism for Chechnya—would be a repudiation of least so it can begin better defining just what the new Bush ‘‘pre-emption’’ doctrine purposes whose relation to the war on the values we are fighting the war on means. terror is incidental. Moscow, and Wash- terror to defend and the celebration of For starters Mr. Putin’s analogy is prepos- ington, and Tbilisi are right to be freedom that took place in Georgia and terous. Georgian President Eduard

VerDate Sep 04 2002 04:13 Sep 21, 2002 Jkt 099060 PO 00000 Frm 00012 Fmt 4637 Sfmt 0634 E:\CR\FM\G20SE6.028 S20PT1 September 20, 2002 CONGRESSIONAL RECORD — SENATE S8969 Shevardnadze is not only not another Sad- [From the Washington Post, Sept. 19, 2002] [From the Economist, Sept. 21, 2002] dam Hussein, he is one of the more enlight- A PARODY OF PARTNERSHIP PUTIN’S FOLLY ened leaders of the new countries that were Vladimir Putin, the soul-baring friend of Those who write speeches for Russia’s once part of the former Soviet Union. He President Bush, is offering another dem- president, Vladimir Putin, no doubt imagine hasn’t tried to acquire nuclear weapons or onstration of why the administration’s they are good students of American foreign plotted to assassinate a U.S. President, flighty rhetoric about the ‘‘transformation’’ policy. They seem determined to copy, or much less invaded a neighbor, gassed his own of U.S.-Russian relations has been pre- rather caricature, every new American idea. people or ignored 16 U.N. resolutions. mature. Mr. Putin’s government is doing its They no doubt had a hand, too, in drafting On the contrary, Mr. Shevardnadze’s main best to hamstring Mr. Bush’s campaign the stern letter that Mr. Putin sent to the problem is that he has charted a pro-Western against Iraq; the Russian ambassador at the United Nations, laying out his case for inter- foreign policy that irritates some of his United Nations rushed to embrace Saddam vention in neighbouring Georgia unless its former Soviet colleagues in Moscow. He has Hussein’s transparently tactical acceptance government clears its territory of a group of already survived several assassination at- of weapons inspectors and declared that no Chechen terrorists who have holed up there. tempts, with the chief suspect in one case further action by the Security Council was Like America in Iraq, his officials claim, finding safe haven in Russia. He has fought a needed. Meanwhile, Mr. Putin himself is ped- Russia is insisting on its right to take mili- separatist war against Abkhaz rebels trained dling a grotesque parody of Mr. Bush’s prin- tary action, alone if necessary, against a na- and funded by Russia. Russia still has three cipled stand on both Iraq and Afghanistan: tion which it deems to be in breach of inter- military bases in Georgia and has defied or- Last week he informed the Security Council, national law; like America in Afghanistan, ders from the Organization for Security and in terms that deliberately echoed Mr. Bush, Russia justifies itself by recalling that failed Cooperation in Europe to vacate its base in that the war on terrorism may require a uni- states can be a source of festering security Abkhazia and negotiate withdrawal from the lateral Russian attack on the small neigh- threats. Like George Bush, Mr. Putin is merely proposing to act pre-emptively, in others. boring nation of Georgia, a former republic of the Soviet Union that infuriates Moscow extremis, against a state that poses a deadly Mr. Shevardnadze is understandably keen and increasing danger. Indeed, regime not to give his big neighbor any excuse to in- merely by existing as an independent, demo- cratic and pro-Western state. This stun- change cannot be ruled out. tervene militarily. In response to Russia’s A mixture of all these arguments has been ningly brazen attempt to cloak an old-fash- latest saber-rattling, he has beefed up border used by Mr. Putin and his lieutenants to jus- ioned threat of military aggression in Mr. security and invited monitors into Georgia tify their recent and repeated threats of Bush’s new doctrine of preemption has been to testify to his country’s anti-terror efforts. military action against Georgia—some air accompanied by an even more cynical sug- U.S. special forces are already helping train raids have already taken place, say the Geor- gestion of quid pro quo: Allow Russian to and equip the Georgian military to root out gians, and Russians have been hinting darkly crush Georgian sovereignty, Mr. Putin hints, rebels from Chechnya, a Russian republic on that a land attack may follow. The Geor- and he just might acquiesce in the enforce- its northern border. gians stand accused of posing a threat to ment of the U.N.-ordered disarmament of All of which suggests the need for Mr. Bush Russian security because they cannot or will Iraq. Bush administration officials are say- not take effective action against the to elaborate on his pre-emption doctrine. We ing they won’t play Mr. Putin’s game; the support this policy as necessary in a world in Chechen fighters, possibly allied with White House needs to make that point unam- Islamist extremists from elsewhere, who which madmen who control countries can biguously this week to Mr. Putin’s visiting get nuclear weapons; ‘‘non intervention’’ in have set up camp in the remote Pankisi defense and foreign ministers. gorge. If you cannot solve the problem—and the internal affairs of such countries is no The nominal basis for Mr. Putin’s threat to guarantee that no attacks on Russian terri- longer a safe strategy. But the critics have a Georgia, a country the size of South Carolina tory will be launched from Georgian terri- point that without some clarifying distinc- with a mostly Christian population of 5 mil- tory—then we will, is the Kremlin’s message. tions, the doctrine of preventive action can lion, is that it is tolerating the presence of The Russian media, meanwhile, have mount- be abused by countries looking to settle old Muslim rebel fighters from the neighboring ed an escalating series of personal attacks on scores or grab new territory. Drawing a line Russian province of Chechnya. Mr. Putin in- Georgia’s president, Edward Shevardnadze. between peaceful Georgia and Iraq—ruled by sists that these are terrorists, indistinguish- The clear implication is that nobody in Mos- a lunatic dictator who traffics with terror- able from al Qaeda, and that Georgia is al- cow would shed a tear if, in the turmoil ists and seeks nuclear weapons—would be a lowing them to operate training camps and caused by a Russian attack, the leadership of useful first step. pass freely across the border. In fact the in- Georgia were to change hands. On Friday U.S. Undersecretary of State surgents are almost all ethnic Chechens If there is not grain of truth in Russia’s ar- John Bolton began to take that step by say- fighting for self-rule who take refuge during guments, it lies in the fact that Georgia, ing the U.S. ‘‘opposes any unilateral mili- summer in the Pankisi Gorge, a wild, 11- while not a failed state, is one that has had tary action by Russia’’ inside Georgia. He mile-long strip that has long been lawless. difficulty asserting its authority in its bor- added that ‘‘I don’t see that there are really The Bush administration contends that some der areas. Indeed in two of its regions— any quid pro quos to be had’’ over Iraq, al Qaeda operatives may be present in the Abkhazia and South Ossetia—the writ of the ‘‘whether with Russia or others.’’ Pankisi, but evidence is scant. In any case, Tbilisi government does not run at all. Even We hope that view holds inside the Bush the Georgian government clearly has no in- in other places, it struggles to collect taxes Administration, even as Russian pressure in- terest in backing al Qaeda terrorists, or even and enforce the law. This is a dangerous evitably increases. Agreeing to Mr. Putin’s the Chechens; it has readily accepted an on- state of affairs; where the rule of law is ab- Georgian price would be damaging to U.S. in- going U.S. training programing for its army, sent, smugglers in drugs, guns and even terests, and isn’t necessary in any case. It and it recently dispatched 1,000 troops to deadlier things fill the void. clear out the Pankisi. President Eduard would set a precedent for Russian action in THE MOTE IN RUSSIA’S EYE oil-rich Central Asia, emboldening Russian Shevardnadze has asked to meet with Mr. Putin and invited international monitoring But there is also a huge flaw in Russia’s ar- nationalists to meddle next in Azerbaijan of the border area; this week his administra- gument. If the Georgian state functions less and elsewhere. It would also be dishonorable, tion agreed to extradite 13 suspects Russia than perfectly—in Pankisi and elsewhere— abandoning a man in Mr. Shevardnadze who says are Chechen guerrillas. that is in large part because Russia itself has helped bring the Cold War to a peaceful end These initiatives are not enough for Mr. consistently undermined it. The restive as the Soviet foreign minister under Mikhail Putin: His generals say they are readying a mini-states within Georgia’s legal bound- Gorbachev. cross-border invasion, following up on air- aries (Abkhazia, South Ossetia and, to some It’s doubtful that Mr. Putin will want to strikes carried out last month. It’s not like- extent, Ajaria in the south-west) defy the block U.S. action against Iraq in any event. ly that Russian forces, which have failed to government with the help of powerful friends Siding with Saddam would only undermine control Chechen movements across their own in Moscow. the worthy efforts he has made so far to border, could eliminate or even locate any By sending 150 or so military advisers to build confidence in Russia as a political and militants in the Pankisi. But that’s not Mr. Georgia, America is attempting to bolster business partner of the West. His over- Putin’s real aim. His goals are to distract at- the country’s security forces. But even that stretched military is already bleeding in tention from a recent series of military dis- programme has been undermined by Geor- Chechnya, and the last thing he needs is a asters in Chechnya—incidents that have re- gian officers with connections in Russia. If ground war in neighboring Georgia. Using vived discussion in Russia about the futility Russians are concerned about the security of Iraq as cover for more meddling in impover- of Mr. Putin’s campaign to suppress the re- their southern frontier, they would do better ished Caucasus would only recall memories bellion by force—and to use the leverage of to reinforce Georgia’s statehood rather than of Soviet imperialism. Russia’s U.N. Security Council vote on Iraq chip away at it. Georgia is neither a rogue Mr. Bush began to turn would opinion on to achieve suzerainty over Georgia, which state, nor (as yet) a failed one. Nor do Geor- Iraq last week not merely because he went to Moscow has been seeking since long before gians need outsiders to orchestrate regime the U.N. but mainly because of the rightness the war on terrorism. This is not the behav- change for them. Imitation is a form of flat- of his cause. The U.S. can carry the day in ior of a soul mate, or even a ‘‘strategic part- tery, but other should not be duped into see- Iraq without sacrificing its principles by ca- ner’’; and a U.S.-Russian relationship af- ing parallels where none exist. tering to Mr. Putin’s nationalist oppor- flicted by such tactics has not been trans- Mr. MCCAIN. Madam President, all tunism. formed. three of these editorials I have asked

VerDate Sep 04 2002 04:13 Sep 21, 2002 Jkt 099060 PO 00000 Frm 00013 Fmt 4637 Sfmt 0634 E:\CR\FM\A20SE6.010 S20PT1 S8970 CONGRESSIONAL RECORD — SENATE September 20, 2002 to be printed in the RECORD talk about bill for an equal amount of time. I am TRIBUTE TO DR. KELLY S. the danger we are now experiencing increasingly concerned that the longer SEGARS concerning Mr. Putin’s actions, or pos- we stay on those bills, the less likely it Mr. LOTT. Mr. President, I would sible actions, in Georgia. is that we will be able to adjourn on like to recognize the professional The Economist magazine editorial time. achievements and public service of a says: Given that realization, my expecta- truly extraordinary man, Dr. Kelly S. Russia would do better to bolster Georgia’s tion is that we will require colleagues Segars, and to congratulate him on his stability, not undermine it. to be here at least possibly as early as selection as the 2002 Mississippi Family It says: next weekend to confront this agenda Physician of the Year. If there is one grain of truth in Russia’s ar- and to complete our work. I am not an- The son of the late ‘‘Doc’’ and Ora guments, it lies in the fact that Georgia, nouncing necessarily that next week- Segars of Red Bay, Alabama, Dr. while not a failed state, is one that has had end will be a work period, but I am sug- Segars displayed a penchant for help- difficulty asserting its authority in its bor- gesting to all colleagues that they not der areas. . . . ing and healing the sick from a very make any firm commitments next early age. He graduated with honors But there is also a huge flaw in Russia’s ar- weekend. gument. If the Georgian state functions less from high school, pharmacy school, than perfectly—in Pankisi and elsewhere— We have to finish the homeland secu- and medical school despite an interrup- that is in large part because Russia itself has rity bill next week. We have to deal tion while serving one tour in the consistently undermined it. The restive with perhaps a continuing resolution, Army during the Korean War. His mili- mini-states within Georgia’s legal bound- short-term, because of the pending end tary decorations include the American aries . . . defy the government with the help of this fiscal year. We have a number of Defense Medal, the United Nations of powerful friends in Moscow. . . . other matters that have to be taken up Medal, and the Army Commendation If Russians are concerned about the secu- prior to the completion of our work at rity of their southern frontier, they would do Medal. better to reinforce Georgia’s statehood rath- the end of this session. Upon graduation from medical school er than chip away at it. Georgia is neither a As I look at that schedule, I conclude in 1959, Dr. Segars entered the practice rogue state, nor (as yet) a failed one. Nor do that there is virtually no way we will of Family Medicine in Iuka, Mis- Georgians need outsiders to orchestrate re- be able to do this, and do it success- sissippi, not far from his birthplace, gime change for them. Imitation is a form of fully, without longer hours and more where he continues to practice today. flattery, but others should not be duped into days. The only days available to us, of seeing parallels where none exist. Dr. Segars delivered some 500 babies course, are the Mondays and Fridays before obtaining his board certification In the Washington Post it goes on to that have oftentimes been travel days in geriatrics. He has been seeing some say, referring to Mr. Putin: for our Members but also Saturdays of the same patients for over 40 years His goals are to distract attention from a and Sundays. and considers his many patients simply recent series of military disasters in It is my expectation that we will be Chechnya—incidents that have revived dis- his ‘‘friends who have a medical prob- using weekend days between now and lem occasionally.’’ Dr. Segars’ son cussion in Russia about the futility of Mr. the end of session, that we will require Putin’s campaign to suppress the rebellion joined his practice about 15 years ago, by force—and to use the leverage of Russia’s Senators to be here at least on Satur- and the clinic, which is vital to the U.N. Security Council vote on Iraq to day and possibly on Sunday in an effort health of so many in the rural commu- achieve suzerainty over Georgia, which Mos- to complete our work. That may occur nity of Iuka, has grown to include 31 cow has been seeking since long before the as early as next weekend. employees. war on terrorism. This is not the behavior of This is not meant to be a threat or in Despite his resounding success as a soul mate, or even a ‘‘strategic partner’’; any way a signal that we are not pre- Iuka’s resident physician—as if that and a U.S.-Russian relationship afflicted by pared to take whatever action nec- such tactics has not been transformed. accomplishment was not already essary to preclude that, but I also want enough for one man—Dr Segars’ has Madam President, I thank the Pre- Senators to know that that is a very siding Officer for her patience. I do be- consistently worked for the betterment likely possibility. of his community in many other ways. lieve this is an important issue. I hope I come to the floor with a recognition our Russian friends, with whom we He established the First American Na- that we do need to make Senators tional Bank just four years after open- have a very strong relationship, will aware of the importance of the sched- not embark on an adventure which ing his medical practice. It was the ule and the significant amount of work first bank established in the Great could have serious repercussions not that needs to be done before we leave. only in the region but in the world. State of Mississippi since the bank hol- I appreciate everyone’s cooperation iday in 1929 when all of the banks were I thank you, Madam President, and and will appreciate the opportunity to yield the floor. closed. He also chaired his town’s mu- speak more specifically to the schedule nicipal library committee where he ini- I suggest the absence of a quorum. early next week. The PRESIDING OFFICER. The tiated the project, obtained the funds, I yield the floor and suggest the ab- clerk will call the roll. and oversaw construction of the li- sence of a quorum. The bill clerk proceeded to call the brary. His most recent civic project is roll. The PRESIDING OFFICER. The the re-designation of highway US 72 to Mr. DASCHLE. Madam President, I clerk will call the roll. Interstate Highway 72, acknowledging ask unanimous consent that the order The bill clerk proceeded to call the the advantage of an Interstate High- for the quorum call be rescinded. roll. way to draw bigger, more lucrative in- The PRESIDING OFFICER. Without ∑ Mr. WELLSTONE. Madam President, dustries to Tishomingo County. It objection, it is so ordered. I regret that I was necessarily absent takes a special individual like Dr. for the vote on the confirmation of Segars, with a clear vision of the fu- f Reena Raggi to the Second Circuit ture, to recognize the need for a public LEGISLATIVE AGENDA Court of Appeals. I would like to in- institution or additional infrastruc- Mr. DASCHLE. Madam President, I clude in the RECORD that I would have ture, and then to take it upon himself have had a discussion with Senator voted ‘‘yes’’ on this nomination.∑ to see to it that the need is fulfilled. LOTT with regard to next week’s sched- Mr. REID. Mr. President, I ask unan- As a charter member of the Board of ule. I have indicated privately to a imous consent that the order for the Directors of the Tishomingo County number of Senators my concern for the quorum call be rescinded. Development Foundation and Indus- legislative agenda we must confront The PRESIDING OFFICER (Mr. trial Park, he was instrumental in the prior to the time we leave. That agenda AKAKA). Without objection, it is so or- acquisition of the Lockheed-Aerojet of- includes a number of issues that have dered. fice and the recent establishment of support on both sides of the aisle. It Mr. REID. We are now in morning the AlliantTech Systems facility. He recognizes that we have been on the business; is that true? was named as 1992 Citizen of the Year homeland security bill now for 3 full The PRESIDING OFFICER. That is and the Aerospace Business Center was weeks and the Interior appropriations correct. most appropriately named in his honor.

VerDate Sep 04 2002 04:13 Sep 21, 2002 Jkt 099060 PO 00000 Frm 00014 Fmt 4637 Sfmt 8472 E:\CR\FM\G20SE6.030 S20PT1 September 20, 2002 CONGRESSIONAL RECORD — SENATE S8971 Dr. Segars has served as chair of the than people the same age in states with are shining examples of the core values University of Mississippi Guardian So- a low incidence of gun ownership. Ac- on which this nation was founded and ciety, President of the Medical Alumni cording to statistics cited by the Brady became great. Association, and as a member of the Campaign to Prevent Gun Violence, in A year ago, Americans were sifting Dean’s Advisory Committee, Univer- 1998, more than 1200 children aged 10–19 through smoldering rubble at the Pen- sity of Mississippi School of Medicine. committed suicide with firearms. Near- tagon and at the site of the twin towers He also is a member of the Iuka Meth- ly two-thirds of all completed teenage looking for their comrades in arms. odist Church, where he is the Health suicides involve a firearm. Those actions have ceased, but around and Welfare Representative and sits on One step that can be taken to reduce the world, others continue to sift the Administrative Board. suicides among children is to prevent through long-silent war zones to find Dr. Segars’ latest recognition as Mis- easy access to guns for children. I co- and identify remains of the fallen and sissippi Family Physician of the Year, sponsored Senator DURBIN’s Child Ac- the missing. by the Mississippi Academy of Family cess Prevention Act because it would Physicians, could not have been award- do just that. Under this bill, adults who The Department of Defense Prisoner ed to a man more deserving of this very fail to lock up loaded firearms or an of War/Missing Personnel Office has special recognition. Chosen from unloaded firearm with ammunition had considerable successes in the past among hundreds of family physicians could be held liable if a weapon is year, but we still have much to accom- throughout Mississippi, Dr. Segars was taken by a child and used to kill or in- plish before our responsibility to all nominated by a fellow physician and jure him or herself or another person. the POWs and MIAs is fulfilled. Just selected for the position by a panel of The bill would also increase the pen- this year, we have identified the re- his peers. The panel clearly recog- alties for selling a gun to a juvenile mains of 46 Americans who served in nized—as have many others—that Dr. and create a gun safety education pro- the Vietnam War. Unfortunately, there Segars’ unique brand of personalized gram that includes parent-teacher or- are still 1,907 unaccounted Americans care and true concern for his patients ganizations, local law enforcement and who served in Vietnam. Also this year, has distinguished him as the best phy- community organizations. This bill is 32 Americans have been repatriated sician that Mississippi, and our coun- similar to legislation President Bush who served in the Korean War, while try, has to offer. signed into law as Governor of Texas. I over 8,100 remain unaccounted for. In addition to his many professional support this bill and I believe it is a And, through hard work and deter- and civic accomplishments, Dr. Segars meaningful step in the right direction. mination in the past year, the DPMO also is an extremely successful family It’s clear that reducing child access to has recovered the remains of eight man. He and his wife Martha are the guns can save lives. Americans who served in the Second proud parents of three children: K. f World War. 78,750 Americans who Scott Segars, Jr. M.D., and wife Diane; NATIONAL POW/MIA RECOGNITION served in World War II are as yet ac- Mark Segars, Tishomingo County Pros- counted. ecuting Attorney; and Leigh Segars, an DAY Mr. LUGAR. Mr. President, today is It is important to remember that attorney in Florida. Dr. Segars and his this is a cooperative effort and requires wife also have three grandsons: Tyler, National POW/MIA Recognition Day. I rise on this special day to remem- commitments from all branches of our Jake, and Thompson. government as well as the countries I ask my colleagues to join me today ber and honor those brave Americans who during past armed engagements in where the servicemen remain missing. as I congratulate Dr. Kelly S. Segars as Negotiations in the past six years with the Mississippi Family Practice Physi- defense of this nation or our alliances were prisoners of war and those who North Korea have yielded many suc- cian of the Year and wish him and his cesses. One search operation continues family all the best in his future as he are still listed missing in action. As a continues as a leader in our commu- nation, we set aside this day to further even today in North Korea and a third nity. On behalf of my colleagues on recognize the sacrifices of the restless and final operation for the year will both sides of the aisle, I thank Dr. families of these fine patriots, assuring begin on September 28, concluding Oc- Segars for the many things he has done them that we have not forgotten. tober 29. for the town of Iuka, Tishomingo Coun- In the past year, our dedicated Sol- According to the Department of De- ty, the State of Mississippi, and our diers, Sailors, Airmen and Marines fense, America has had 23 operations great Nation. have again taken up the mantle of free- since 1996 to locate MIA’s in North f dom; this time to prosecute an elusive Korea. These missions are all possible and dangerous enemy. They have because of cooperation and negotiation MORE GUNS EQUALS MORE ousted an oppressive regime in Afghan- with North Korea. Let this cooperation SUICIDES istan and continue to hunt those impli- be an example to all of what can be ac- Mr. LEVIN. Mr. President, a study by cated in the war on terrorism. Like complished when we work together. the Harvard School of Public Health generations before them, these Ameri- Today, I want to pay special tribute brings to light disturbing information cans have sworn an oath to support and to the dedication and service of the sol- about the presence of firearms in a defend the Constitution. As a former diers from my home State of Indiana home. The study conducted by Drs. Navy officer, I feel strongly that the who are or were POW/MIAs from the Matthew Miller, Deborah Azrael, and United States government has a simi- Vietnam War and the Korean War. David Hemenway entitled ‘‘Household larly strong obligation to these men Firearm Ownership and Suicide Rates and women who serve in the Armed These great Americans and their in the United States’’ concluded that Forces. Specifically, we must work to families have the gratitude of this free in states where gun ownership levels ensure the return of POWs and MIAs at Nation. I urge the Senate, the adminis- are higher, a disproportionately large the end of hostilities. We must not rest tration, the Departments of Defense number of people commit suicide. until all American POW/MIAs are re- and State, the Joint Chiefs of Staff, According to the study, of the more turned and accounted for, and the and the National Security Agency to than 30,000 suicides in 1998, 57 percent many questions that have overwhelmed redouble their efforts to bring our sol- involved the use of a firearm. In states their families are answered. diers home as quickly as possible. Let with more guns, people were more like- The vigorous pursuit of this commit- us all take heart from the POW/MIA ly to commit suicide. The study found ment must continue through on-site flag, displayed in the Capitol rotunda, that in States with a higher incidence investigations being undertaken in which proclaims: ‘‘You Are Not Forgot- of gun ownership people were 1.6 times Indochina and through a fuller exam- ten.’’ more likely to commit suicide than ination of records in Russia, Iraq and I ask unanimous consent that the people in states with a lower incidence Southeast Asia. For in our history, we names of Indiana’s missing and unac- of gun ownership. Further, the Harvard recall somberly today that while thou- counted from the Korea and Vietnam study shows that people 15–24 years old sands died, many others endured years Wars be printed in the RECORD. from states with a high incidence of in starved, tortured, isolated misery There being no objection, the mate- gun ownership are more than four before regaining their freedom. Their rial was ordered to be printed in the times more likely to commit suicide perseverance, integrity and heroism RECORD, as follows:

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VerDate Sep 04 2002 04:13 Sep 21, 2002 Jkt 099060 PO 00000 Frm 00022 Fmt 4637 Sfmt 0634 E:\CR\FM\A20SE6.004 S20PT1 Insert offset folio 90/7 here G:\GRAPHICS\S20SE02.007 September 20, 2002 CONGRESSIONAL RECORD — SENATE S8979 IRAQ necessary step to continue to make his case who believed he was gay. Skyock’s in- Mr. VOINOVICH. Mr. President, I to Congress and to the American people, and juries included a fractured skull, burns, to consult with our allies as well as the submit for the CONGRESSIONAL RECORD three broken ribs, and a bruise de- countries in the region with whom we have scribed by doctors as being in the shape the following statement on Iraq, which emerging, important relationships. We owe I released following the President’s re- it to those at home and abroad that we seek of a two-by-four. During the beating, marks to the United Nations one week to protect from Saddam Hussein and his the assailants made derogatory com- ago today. I ask unanimous consent weapons to be diligent in the building of con- ments about the victim’s perceived that my statement be printed in the sensus so that our efforts to handle the Iraqi sexual orientation. RECORD. threat can be successful and conclusive. I believe that government’s first duty There being no objection, the mate- f is to defend its citizens, to defend them against the harms that come out of rial was ordered to be printed in the ADDITIONAL STATEMENTS RECORD, as follows: hate. The Local Law Enforcement En- Mr. VOINOVICH. President Bush’s speech hancement Act of 2001 is now a symbol today before the United Nations outlined TRIBUTE TO NORMA DICKSON that can become substance. I believe well Saddam Hussein’s sustained history of that by passing this legislation and ∑ defiance of UN resolutions and the will of the Mr. BURNS. Mr. President, I would changing current law, we can change international community. He left no doubt like to take the opportunity to con- hearts and minds as well.∑ in any reasonable person’s mind that Iraq is gratulate Norma Eudora Cronk a threat to the stability of the Middle East, Dickson. On October 16th, 2002 she will f is a danger to his own people, and is fun- celebrate her 100th birthday. Norma is OREGON’S TECHNOLOGY LEADERS damentally hostile to the basic human rights a resident of Chinook, MT. ∑ of life, liberty and the pursuit of happiness Mr. WYDEN. Mr. President, a little upon which our nation is founded. Saddam Norma Dickson was born October 16, more than a year ago, the terrible Hussein is a threat to peace and his defiance 1902. She was the eldest of four children events of September 11 forced the of the world community and his continued born to John Colburn Cronk and Anna awakening and mobilization of a crit- pursuit of weapons of mass destruction show Rogers Cronk. John and Anna Cronk ical resource in this country. In re- that he has no intention of changing his moved to Montana in 1898, and settled sponse to that tremendous tragedy, ways. in the Milk River Valley in Coburg, America’s technology innovators, The President’s simple recitation of Iraq’s MT. Her parents were ranchers and skilled workers in all walks of life, defiance and broken promises was con- prominent members of the community. vincing and persuasive. No interpretation have stepped forward to help America was required. The President said it best: ‘‘By Her father John was elected State rep- address the numerous threats our en- breaking every pledge by his deceptions and resentative in Montana in 1923. Her emies pose. his cruelties, Saddam Hussein has made the parents raised cattle and prize winning One of these threats is cybersecurity. case against himself.’’ Percheron horses. The livestock pavil- As computer networks have become in- The President’s challenge, therefore, isn’t ion at the Blaine County Fairgrounds creasingly central to this Nation’s in- making the case against Iraq, but building was dedicated to her father’s memory. frastructure and businesses, that the the support for action to force Iraqi compli- Norma attended college and taught ance with UN resolutions calling for it to importance of securing our information cease its support of terrorist groups, cease for a few years prior to her marriage in and information technologies has the production of weapons of mass destruc- 1928 to Dr. Joseph Robert Dickson, an- grown. Today I wish to draw the Sen- tion and allow international weapons inspec- other Montana native who practiced ate’s attention to emerging tech- tions. Generating this support among the dentistry in Chinook, MT. nologies for dealing with these new American people, Congress and our inter- Norma and Dr. Dickson had four chil- threats. I also want to discuss how this national partners is critical if any effort to dren, Joseph Robert Dickson Jr., country can maximize a uniquely deal with the Iraqi threat is to be successful. Marilyn Dickson Gregg, James Cronk As governor of Ohio and commander-in- American resource: that is, the skilled chief of the Ohio National Guard during the Dickson, and George William Hunt innovation of our tech sector. Persian Gulf War, I saw firsthand how the Dickson. They also have thirteen Technology workers and managers unequivocal support that existed for our grandchildren and ten great-grand- from my home State of Oregon have in- campaign to evict Saddam Hussein from Ku- children. spired me with their technical skills wait made it so much easier for our soldiers In addition to Norma’s dedication to and their passion to put their talents to leave home for an overseas mission. Ohio- her family, she has been very active in to work serving America. The Portland ans supported our military mission and they her community of Chinook, MT. Her area is home to one of the Nation’s supported our troops. There was no doubt involvements include the Eastern Star, about Saddam Hussein’s guilt or his need to largest concentration of cybersecurity be stopped. This type of support is important Chinook Presbyterian Church, and vendors in the country. Portland now if we are to ultimately succeed in stopping High School Girl’s State. She has also boasts a remarkable cluster of small the Iraqi threat. worked at the Chinook Senior Center and large companies actively working With his speech today, President Bush has as a volunteer from its inception until to make America’s portion of cyber- started to build this base of support. I ap- she was 97 years old. Finally, she was space a safer place. plaud his decision to go before the world named Senior of the Year in Chinook. Just a few examples: Tripwire is the community at the United Nations and to She is a treasure to her community, world leader in data integrity assur- challenge the body to stand behind its reso- lutions, live up to its charter and be a force her State, and of course, to her fam- ance, providing software that estab- for peace and the preservation of human ily.∑ lishes the foundation for IT security rights. The President’s meeting with British f and reliability. Tripwire is used to pro- Prime Minister Tony Blair last weekend and tect some of the world’s most sensitive his recent series of conversations with world LOCAL LAW ENFORCEMENT ACT data, and that includes some of the leaders are the right beginning. It must be OF 2001 most important systems right here in built upon and strengthened. Our allies must ∑ Mr. SMITH of Oregon. Mr. President, Washington. be consulted, probed for advice, and engaged I rise today to speak about hate crimes Digimarc provides digitally in the process, not just lectured, if we are to legislation I introduced with Senator succeed. The President also must reach out watermarked drivers licenses for 37 to our emerging allies in the Middle East KENNEDY in March of last year. The States, and supplies official identifica- who, since 9–11, have begun to cooperate in Local Law Enforcement Act of 2001 tion documents for governments the war on terrorism. would add new categories to current around the world. Its technology en- There is still much work to do as we con- hate crimes legislation sending a sig- ables authentication with a greater sider options for confronting the looming nal that violence of any kind is unac- level of assurance than has historically threat presented by Iraq’s ongoing programs ceptable in our society. been possible. to develop weapons of mass destruction. It is I would like to describe a terrible Swan Island Networks is building clear that we cannot sit idly by and allow Saddam Hussein to move forward in his work crime that occurred February 11, 2001 software platforms that enable secure to acquire these deadly capabilities. As we in Rifle, CO. Kyle Skyock, 16, was communications of sensitive informa- examine possible courses of action I’m con- found unconscious on the side of a road tion to trusted users across organiza- fident the President is going to take every after being beaten by four teenage boys tional boundaries. It is helping Federal

VerDate Sep 04 2002 04:13 Sep 21, 2002 Jkt 099060 PO 00000 Frm 00023 Fmt 4637 Sfmt 0634 E:\CR\FM\G20SE6.034 S20PT1 S8980 CONGRESSIONAL RECORD — SENATE September 20, 2002 and local agencies and first responders Earlier this year I was proud to au- MESSAGE FROM THE HOUSE to communicate effectively to audi- thor the Science and Technology Emer- At 12:39 pm., a message from the ences inside and outside the firewall. gency Mobilization Act, along with my House of Representatives, delivered by Intel Corporation, which has its larg- colleague Senator ALLEN, and to see it Mr. Hays, one of its reading clerks, an- est base of employment in Oregon, is passed by this Senate. That legislation nounced that the House has agreed to leading the National Emergency Mes- mandated the creation of a clearing- the following concurrent resolution, in saging Systems initiative from the house, or single entry point, for tech- which it requests the concurrence of Portland area. Intel is helping local, nology innovators offering new prod- the Senate: State and Federal officials respond to ucts for the war on terrorism. I am H. Con. Res. 337. Concurrent resolution rec- emergencies. gratified to see that concept echoed in ognizing the teams and players of the Negro WireX has won international recogni- the Homeland Security legislation Baseball Leagues for their achievements, tion for its Immunix Network Security sponsored by Senator LIEBERMAN. dedication, sacrifices, and contributions to Solutions. The company was founded My legislation, as well as Senator baseball and the Nation. by a grant from DARPA in 1998. LIEBERMAN’s homeland security bill, f Galois Connections designs and de- also directs the executive branch to es- velops high confidence software for tablish a national test bed to evaluate ENROLLED BILLS SIGNED critical and demanding applications. new technologies. The following enrolled bills, pre- Its clientele includes the National Se- In my view, this national test bed viously signed by the Speaker of the curity Agency. could eventually serve as a model for House, were signed on September 19, Kryptiq builds secure email systems regional test beds. If that little com- 2002, by the President pro tempore (Mr. that are built to preserve privacy, as pany in Beaverton, OR, could run pilot BYRD): well as the integrity of documents. programs in its backyard, the company S. 1834. An act for the relief of retired Ser- Oregon is home to many, many more, could more easily answer questions, geant First Class James D. Benoit and Wan including Flatrock, Infotects, Network deal with challenges and monitor re- Sook Benoit. Associates, Rulespace, TechTracker sults. H.R. 4687. An act to provide for the estab- and True Disk. Some of these compa- Regional efforts to test new tech- lishment of investigative teams to assess nies have persevered and become suc- nologies would also increase our likeli- building performance and emergency re- sponse and evacuation procedures in the cessful selling products and services hood of finding unexpected solutions in that government is using to defend its wake of any building failure that has re- unexpected places. Some technology or sulted in substantial loss of life or that posed infrastructure. Many others have de- technique that we couldn’t have fore- significant potential of substantial loss of veloped products, launched companies, seen might pop up and help us win this life. and knocked on doors in Washington, war. The beauty of American innova- H.R. 5157. An act to amend section 5307 of trying to find an entry point. Their ef- tion is that it could just as easily come title 49, United States Code, to allow transit forts must be sustained and encour- from a suburban basement, a sparsely systems in urbanized areas that, for the first aged. furnished loft, or a coalition of small time, exceeded 200,000 in population accord- ing to the 2000 census to retain flexibility in There are numerous ways to provide companies as it could from the busi- that encouragement, and not all of the use of Federal transit formula grants in ness-as-usual landscape. fiscal year 2003, and for other purposes. them originate in Washington. It is There are other ways the Federal f vital to look at what is working on the Government can be a better partner to local level and nurture it there. It is small technology innovators like those MEASURES REFERRED time to lower the speedbumps. in my home State. Accelerating re- The following concurrent resolution Straighten the curves. Shorten the search and public-private technology was read, and referred as indicated: straightaways. Bring our technological partnerships through Federal grants. H. Con. Res. 337. Concurrent resolution rec- talent quickly to the front lines of this Deepening our cyber-security bench by new kind of war. ognizing the teams and players of the Negro funding IT education and channeling Baseball Leagues for their achievements, In Oregon, a coalition of these bright students into those areas. Rais- dedication, sacrifices, and contributions to cybersecurity companies has come to- ing awareness in the general public so baseball and the Nation; to the Committee gether in the wake of 9/11. The Oregon that everyone sees the importance of on the Judiciary. Regional Alliance for Information and securing this country’s infrastructure. f Network Security, or Oregon RAINS, is I can assure you that in my home ENROLLED BILL PRESENTED banding together to offer products and state alone there are a plethora of services America needs now. These skilled software engineers and man- The Secretary of the Senate reported companies are working together to find agers who are eager to see their tech- that on today, September 20, 2002, she new ways of navigating the Federal bu- nologies deployed to serve America. had presented to the President of the reaucracy to get their products on the The Federal Government needs to part- United States the following enrolled ground. ner with them and help them help their bill: In my view, the Federal Government neighbors. American lives are at S. 1834. An act for the relief of retired Ser- should do all it can to be responsive to stake.∑ geant First Class James D. Benoit and Wan organizations like Oregon RAINS. Cur- Sook Benoit. f rently, our sluggish bureaucracy often f discriminates against small, young and MESSAGES FROM THE PRESIDENT distant vendors. America’s enemies INTRODUCTION OF BILLS AND won’t be defeated solely by the ideas of Messages from the President of the JOINT RESOLUTIONS huge corporations or entrenched gov- United States were communicated to The following bills and joint resolu- ernment contractors. This country the Senate by Ms. Evans, one of his tions were introduced, read the first needs the help of smaller, nimble play- secretaries. and second times by unanimous con- ers who are long on passion and talent, f sent, and referred as indicated: but short on expertise about dealing EXECUTIVE MESSAGES REFERRED By Mr. SARBANES (for himself and with their Federal Government. Ms. MIKULSKI): It is essential to eliminate the road- As in executive session the PRE- S. 2984. A bill to authorize a project for en- blocks American innovators face. A 20- SIDING OFFICER laid before the Sen- vironmental restoration at Smith Island, person company in Beaverton, OR ate messages from the President of the Maryland; to the Committee on Environ- shouldn’t have to devote precious re- United States submitting sundry nomi- ment and Public Works. sources to hiring lobbyists, making nations which were referred to the ap- By Mr. NELSON of Florida: S. 2985. A bill to direct the Environmental multiple trips to see different people in propriate committees. Protection Agency to provide technical as- different agencies, and pursuing expen- (The nominations received today are sistance for the cleanup at the site of the sive and, frankly, frequently obsolete printed at the end of the Senate pro- first anthrax attack; to the Committee on certifications. ceedings.) Environment and Public Works.

VerDate Sep 04 2002 04:13 Sep 21, 2002 Jkt 099060 PO 00000 Frm 00024 Fmt 4637 Sfmt 0634 E:\CR\FM\G20SE6.032 S20PT1 September 20, 2002 CONGRESSIONAL RECORD — SENATE S8981 By Ms. STABENOW: (Mrs. CARNAHAN) was added as a co- S. 2984. A bill to authorize a project S. 2986. A bill to provide for and approve sponsor of S. 1914, a bill to amend title for environmental restoration at Smith the settlement of certain land claims of the 49, United States Code, to provide a Bay Mills Indian Community, Michigan; to Island, Maryland; to the Committee on the Committee on Indian Affairs. mandatory fuel surcharge for transpor- Environment and Public Works. By Mr. INOUYE: tation provided by certain motor car- riers, and for other purposes. Mr. SARBANES. Mr. President, this S. 2987. A bill to amend title 38, United measure would authorize the Smith Is- States Code, to provide special compensation S. 2663 land, Maryland ecosystem restoration for former prisoners of war, and for other At the request of Mr. BREAUX, the purposes; to the Committee on Veterans’ Af- name of the Senator from Oregon (Mr. project. Joining me in sponsoring this fairs. SMITH) was added as a cosponsor of S. measure is my colleague Senator MI- By Mr. NELSON of Florida: KULSKI. S. 2988. A bill to provide for the cleanup of 2663, a bill to permit the designation of the site of the first anthrax attack; to the Israeli-Turkish qualifying industrial Smith Island, is one of the last re- Committee on Environment and Public zones. maining inhabited islands in the Chesa- Works. S. 2714 peake Bay and an area of unique cul- f At the request of Mrs. CLINTON, the tural, historical and environmental name of the Senator from Indiana (Mr. SUBMISSION OF CONCURRENT AND significance. Because of its location BAYH) was added as a cosponsor of S. SENATE RESOLUTIONS and elevation, it is highly susceptible 2714, a bill to extend and expand the The following concurrent resolutions to the damaging forces of nature. In Temporary Extended Unemployment the past 150 years, more than 3,000 and Senate resolutions were read, and Compensation Act of 2002. referred (or acted upon), as indicated: acres of the island have eroded into the S. 2841 Chesapeake Bay. As a consequence, the By Mr. DODD: At the request of Mr. CORZINE, the communities of Ewell, Tylerton and S. Res. 329. A resolution authorizing the name of the Senator from New Jersey Sergeant at Arms and Doorkeeper of the Rhodes Point are seriously threatened, (Mr. TORRICELLI) was added as a co- Senate to ascertain and settle claims arising the Federal navigation channels shoal sponsor of S. 2841, a bill to adjust the out of anthrax exposure in the Senate com- within months after dredging, and indexing of multifamily mortgage lim- plex; considered and agreed to. habitat and other natural resources are By Mr. HATCH (for himself, Mr. its, and for other purposes. being lost at an alarming rate. Since AKAKA, Mr. ALLARD, Mr. ALLEN, Mr. S. 2945 1993 alone, the Smith Island vicinity BENNETT, Mr. BIDEN, Mrs. BOXER, Mr. At the request of Mr. WYDEN, the BROWNBACK, Mr. BUNNING, Mr. BURNS, name of the Senator from Maryland has lost over 2400 acres of Submerged Mr. BYRD, Mr. CAMPBELL, Mr. (Ms. MIKULSKI) was added as a cospon- Aquatic Vegetation, SAV ecologically CLELAND, Mrs. CLINTON, Mr. COCHRAN, sor of S. 2945, to authorize appropria- valuable wetlands have also been lost. Ms. COLLINS, Mr. CONRAD, Mr. This habitat is critical to the health of CORZINE, Mr. CRAIG, Mr. CRAPO, Mr. tions for nanoscience, nanoengineering, DAYTON, Mr. DEWINE, Mr. DODD, Mr. and nanotechnology research, and for the Bay and the area’s fishing and DOMENICI, Mr. DORGAN, Mr. FEINGOLD, other purposes. crabbing industry. Mr. FITZGERALD, Mr. FRIST, Mr. S. 2953 Over the years, Senator MIKULSKI GRASSLEY, Mr. HAGEL, Mr. HELMS, At the request of Mr. CAMPBELL, the and I have worked very closely with Mr. HUTCHINSON, Mr. INHOFE, Mr. name of the Senator from Colorado INOUYE, Mr. JEFFORDS, Mr. KENNEDY, the citizens of Smith Island, the Som- (Mr. ALLARD) was added as a cosponsor Mr. KERRY, Mr. KOHL, Mr. LEAHY, Mr. erset County Commissioners, the U.S. of S. 2953, a bill to redesignate the Col- LEVIN, Mrs. LINCOLN, Mr. LOTT, Ms. Army Corps of Engineers and other onnade Center in Denver, Colorado, as MIKULSKI, Mr. MILLER, Mr. MUR- State and Federal resource agencies to the ‘‘Cesar E. Chavez Memorial Build- KOWSKI, Mr. NELSON of Nebraska, Mr. address the serious erosion problem ing’’. NELSON of Florida, Mr. REID, Mr. and other needs on the island. Among ROBERTS, Mr. SANTORUM, Mr. SAR- S. RES. 307 other projects, we secured funding to BANES, Mr. SCHUMER, Mr. SHELBY, At the request of Mr. TORRICELLI, the help protect the eroding shoreline of Mr. SMITH of Oregon, Ms. SNOWE, Mr. name of the Senator from Wisconsin SPECTER, Ms. STABENOW, Mr. STE- Tylerton, to dredge the channels and (Mr. KOHL) was added as a cosponsor of VENS, Mr. THURMOND, Mr. TORRICELLI, S. Res. 307, a resolution reaffirming repair of the stone jetties leading into Mr. VOINOVICH, Mr. WYDEN, and Ms. support of the Convention on the Pre- Ewell, which has also helped with the LANDRIEU): erosion problem in that community, to S. Res. 330. A resolution designating the vention and Punishment of the Crime month of October 2002, as ‘‘Family History of Genocide and anticipating the com- construct a new sewage treatment fa- Month’’; considered and agreed to. memoration of the 15th anniversary of cility, and to expedite completion of By Mr. ROBERTS (for himself and Mr. the enactment of the Genocide Conven- the Corps of Engineers’ feasibility BROWNBACK): tion Implementation Act of 1987 (the study for Smith Island. S. Con. Res. 144. A concurrent resolution expressing the sense of Congress that the Proxmire Act) on November 4, 2003. That latter study was completed in President should posthumously award the S. CON. RES. 143 May of 2001 and the Chief of Engineers Presidential Medal of Freedom to Harry W. At the request of Mr. CHAFEE, the report on this project was transmitted Colmery; to the Committee on the Judiciary. name of the Senator from Montana to the Congress in October, 2001. The f (Mr. BURNS) was added as a cosponsor reports recommend construction of off- of S. Con. Res. 143, a concurrent resolu- shore segmented breakwaters and ADDITIONAL COSPONSORS tion designating October 6, 2002, back-filling to create additional wet- S. 710 through October 12, 2002, as ‘‘National lands along the coastline of Martin Na- At the request of Mr. KENNEDY, the 4–H Youth Development Program tional Wildlife Refuge to stop or re- names of the Senator from Texas (Mrs. Week’’. verse the tremendous loss of SAV HUTCHISON) and the Senator from Illi- AMENDMENT NO. 4535 around parts of Smith Island. The rec- nois (Mr. DURBIN) were added as co- At the request of Mr. THOMAS, the sponsors of S. 710, a bill to require cov- name of the Senator from Wyoming ommended plan is expected to protect approximately 720 acres and restore erage for colorectal cancer screenings. (Mr. ENZI) was added as a cosponsor of S. 969 amendment No. 4535 intended to be pro- about 1,400 acres of wetland and SUV At the request of Mr. DODD, the name posed to H.R. 5005, a bill to establish habitat. The legislation, which we are of the Senator from Rhode Island (Mr. the Department of Homeland Security, introducing today, would authorize REED) was added as a cosponsor of S. and for other purposes. construction of this project at a total cost of approximately $7.5 million. It is 969, a bill to establish a Tick-Borne f Disorders Advisory Committee, and for our hope that this measure will be in- other purposes. STATEMENTS ON INTRODUCED cluded as part of a broader package of S. 1914 BILLS AND JOINT RESOLUTIONS water resource projects being devel- At the request of Mr. KERRY, the By Mr. SARBANES (for himself oped by the Senate Environment and name of the Senator from Missouri and Ms. MIKULSKI): Public Works Committee.

VerDate Sep 04 2002 04:13 Sep 21, 2002 Jkt 099060 PO 00000 Frm 00025 Fmt 4637 Sfmt 0634 E:\CR\FM\A20SE6.013 S20PT1 S8982 CONGRESSIONAL RECORD — SENATE September 20, 2002 SUBMITTED RESOLUTIONS Whereas the family remains an institution ing as a first lieutenant at a time when mili- of promise, reliance, and encouragement; tary aviation was in its infancy; Whereas we look to the family as an un- Whereas after World War I, Harry Colmery SENATE RESOLUTION 329—AU- wavering symbol of constancy that will help actively contributed to the growth of the THORIZING THE SERGEANT AT us discover a future of prosperity, promise, newly formed American Legion and went on and potential; ARMS AND DOORKEEPER OF THE to hold several offices in the Legion and was Whereas within our Nation’s libraries and elected National Commander in 1936; SENATE TO ASCERTAIN AND archives lie the treasured records that detail Whereas in 1943, the United States faced SETTLE CLAIMS ARISING OUT the history of our Nation, our States, our the return from World War II of what was to OF ANTHRAX EXPOSURE IN THE communities, and our citizens; become an active duty force of 15,000,000 sol- SENATE COMPLEX Whereas individuals from across our Na- diers, sailors, airmen, and Marines; tion and across the world have embarked on Mr. DODD submitted the following Whereas Harry Colmery, recognizing the a genealogical journey by discovering who potential effect of the return of such a large resolution; which was considered and their ancestors were and how various forces number of veterans to civilian life, set out to agreed to: shaped their past; craft legislation seeking to ensure that these S. RES. 329 Whereas an ever-growing number in our Americans who had fought for the demo- Nation and in other nations are collecting, Resolved, That (a) the Sergeant at Arms cratic ideals of the Nation and to preserve preserving, and sharing genealogies, personal and Doorkeeper of the Senate— freedom would be able to fully participate in documents, and memorabilia that detail the (1) in accordance with such regulations as all of the opportunities the Nation provided; life and times of families around the world; the Committee on Rules and Administration Whereas in December 1943, Harry Colmery Whereas 54,000,000 individuals belong to a may prescribe, may consider and ascertain crafted the initial draft of the legislation family where someone in the family has used any claim incident to service by a Member, that became the Servicemen’s Readjustment the Internet to research their family history; officer, or employee of the Senate for any Act of 1944, also known as the GI Bill of Whereas individuals from across our Na- damage to, or loss of, personal property, for Rights; tion and across the world continue to re- which the Member, officer, or employee has Whereas the GI Bill of Rights is credited search their family heritage and its impact not been reimbursed, resulting from the an- by veterans’ service organizations, econo- upon the history of our Nation and the mists, and historians as the engine that thrax incident of October 15, 2001, or the re- world; lated remediation efforts undertaken from transformed postwar America into a more Whereas approximately 60 percent of egalitarian, prosperous, and enlightened Na- such date through March 15, 2002; and Americans have expressed an interest in (2) may, with the approval of the Com- tion poised to lead the world in the 21st cen- tracing their family history; tury; mittee on Rules and Administration and in Whereas the study of family history gives accordance with the provisions of section Whereas since its enactment, the GI Bill of individuals a sense of their heritage and a Rights has provided education or training for 3721 of title 31, United States Code, deter- sense of responsibility in carrying out a leg- mine, compromise, adjust, and settle such approximately 7,800,000 men and women, in- acy that their ancestors began; cluding 2,200,000 in college, 3,400,000 in other claim in an amount not exceeding $4,000 per Whereas as individuals learn about their schools, 1,400,000 in vocational education, claimant. ancestors who worked so hard and sacrificed and 690,000 in farm training; (b) Claimants shall file claims pursuant to so much, their commitment to honor their Whereas as a result of the benefits avail- this resolution with the Sergeant at Arms ancestors’ memory by doing good is in- able to veterans through the initial GI Bill, not later than December 31, 2002. creased; the Nation gained over 800,000 professionals (c) Any compromise, adjustment, or settle- Whereas interest in our personal family as the GI Bill transformed these veterans ment of any such claim pursuant to this res- history transcends all cultural and religious into 450,000 engineers, 238,000 teachers, 91,000 olution shall be paid from the contingent affiliations; scientists, 67,000 doctors, and 22,000 dentists; fund of the Senate on a voucher approved by Whereas to encourage family history re- Whereas 2,100,000 World War II veterans the chairman of the Committee on Rules and search, education, and the sharing of knowl- Administration. edge is to renew the commitment to the con- purchased homes through the GI Bill; cept of home and family; and Whereas President Truman established the Presidential Medal of Freedom in 1945 to rec- SENATE RESOLUTION 330—DESIG- Whereas the involvement of National, State, and local officials in promoting gene- ognize notable service during war and in 1963 NATING THE MONTH OF OCTO- President Kennedy reinstated the medal to BER 2002, AS ‘‘FAMILY HISTORY alogy and in facilitating access to family history records in archives and libraries are honor the achievement of civilians during MONTH’’ important factors in the successful percep- peacetime; Whereas pursuant to Executive Order 11085, Mr. HATCH (for himself, Mr. AKAKA, tion of nationwide camaraderie, support, and the Medal of Freedom may be awarded to Mr. ALLARD, Mr. ALLEN, Mr. BENNETT, participation: Now, therefore, be it Resolved, That the Senate— any person who has made an especially meri- Mr. BIDEN, Mrs. BOXER, Mr. (1) designates the month of October 2002, as torious contribution to ‘‘(1) the security or BROWNBACK, Mr. BUNNING, Mr. BURNS, ‘‘Family History Month’’; and national interests of the United States, or (2) Mr. BYRD, Mr. CAMPBELL, Mr. CLELAND, (2) requests that the President issue a world peace, or (3) cultural or other signifi- Mrs. CLINTON, Mr. COCHRAN, Ms. COL- proclamation calling upon the people of the cant public or private endeavors’’; and LINS, Mr. CONRAD, Mr. CORZINE, Mr. United States to observe the month with ap- Whereas Harry Colmery, noted for his serv- CRAIG, Mr. CRAPO, Mr. DAYTON, Mr. propriate ceremonies and activities. ice in the military, in the legal sector, and on behalf of the Nation’s veterans, clearly DEWINE, Mr. DODD, Mr. DOMENICI, Mr. SENATE CONCURRENT RESOLU- meets the criteria established for the Presi- DORGAN, Mr. FEINGOLD, Mr. FITZ- dential Medal of Freedom: Now, therefore, be GERALD, Mr. FRIST, Mr. GRASSLEY, Mr. TION 144—EXPRESSING THE it HAGEL, Mr. HELMS, Mr. HUTCHINSON, SENSE OF CONGRESS THAT THE Resolved by the Senate (the House of Rep- Mr. INHOFE, Mr. INOUYE, Mr. JEFFORDS, PRESIDENT SHOULD POST- resentatives concurring), That it is the sense Mr. KENNEDY, Mr. KERRY, Mr. KOHL, HUMOUSLY AWARD THE PRESI- of Congress that the President should post- Mr. LEAHY, Mr. LEVIN, Mrs. LINCOLN, DENTIAL MEDAL OF FREEDOM humously award the Presidential Medal of Freedom to Harry W. Colmery of Topeka, Mr. LOTT, Ms. MIKULSKI, Mr. MILLER, TO HARRY W. COLMERY Kansas. Mr. MURKOWSKI, Mr. NELSON of Ne- Mr. ROBERTS (for himself and Mr. f braska, Mr. NELSON of Florida, Mr. BROWNBACK) submitted the following REID, Mr. ROBERTS, Mr. SANTORUM, Mr. concurrent resolution; which was re- AMENDMENTS SUBMITTED AND SARBANES, Mr. SCHUMER, Mr. SHELBY, ferred to the Committee on the Judici- PROPOSED Mr. SMITH of Oregon, Ms. SNOWE, Mr. ary: SA 4695. Mrs. FEINSTEIN (for herself, Mr. SPECTER, Ms. STABENOW, Mr. STEVENS, Whereas the life of Harry W. Colmery of FITZGERALD, Mr. HARKIN, Mr. LUGAR, and Ms. Mr. THURMOND, Mr. TORRICELLI, Mr. Topeka, Kansas, was marked by service to CANTWELL) submitted an amendment in- VOINVOICH, Mr. WYDEN, and Ms. his country and its citizens; tended to be proposed to amendment SA 4471 LANDRIEU) submitted the following res- Whereas Harry Colmery earned a degree in proposed by Mr. LIEBERMAN to the bill H.R. olution; which was considered and law in 1916 from the University of Pittsburgh 5005, to establish the Department of Home- agreed to: and, through his practice of law, contributed land Security, and for other purposes; which to the Nation, notably by successfully argu- was ordered to lie on the table. S. RES. 330 ing two significant cases before the United SA 4696. Mr. BINGAMAN submitted an Whereas it is the family, striving for a fu- States Supreme Court, one criminal, the amendment intended to be proposed to ture of opportunity and hope, that reflects other an environmental legal dispute; amendment SA 4471 proposed by Mr. our Nation’s belief in community, stability, Whereas during World War I, Harry LIEBERMAN to the bill H .R. 5005, supra; and love; Colmery joined the Army Air Service, serv- which was ordered to lie on the table.

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SA 4697. Mr. BYRD (for Mr. BIDEN) pro- tions 4b, 4c(a), 4c(b), 4o, 6(c), 6(d), 6c, 6d, 8a, ‘‘(I) no executive officer or member of the posed an amendment to the bill H.R. 2121, An and 9(a)(2); governing board of, or any holder of a 10 per- Act to make available funds under the For- ‘‘(iii) the provisions relating to fraud and cent or greater equity interest in, the cov- eign Assistance Act of 1961 to expand democ- misleading transactions under sections 4b, ered entity is a person described in any of racy, good governance, and anti-corruption 4c(a), 4c(b), 4o, and 8a; and subparagraphs (A) through (H) of section programs in the Russian Federation in order ‘‘(iv) in the case of a transaction or cov- 8a(2); to promote and strengthen democratic gov- ered entity performing a significant pricing ‘‘(II) the covered entity will comply with ernment and civil society and independent or price discovery function for transactions the conditions for exemption under this sub- media in that country. in the cash market for the underlying com- section; and f modity, the requirements (to the extent the ‘‘(III) the covered entity will notify the Commission determines appropriate by regu- Commission of any material change in the TEXT OF AMENDMENTS lation) that— information previously provided by the cov- SA 4695. Mrs. FEINSTEIN (for her- ‘‘(I) notice be provided to the Commission ered entity to the Commission under this self. Mr. FITZGERALD, Mr. HARKIN, Mr. in such form as the Commission may require; paragraph; and LUGAR, and Ms. CANTWELL) submitted ‘‘(II)(aa) reports be filed with the Commis- ‘‘(iv) the identity of any derivatives clear- an amendment intended to be proposed sion (including large trader position reports); ing organization to which the covered entity and transmits or intends to transmit transaction to amendment SA 4471 proposed by Mr. ‘‘(bb) timely dissemination of price, trad- data for the purpose of facilitating the clear- LIEBERMAN to the bill H.R. 5005, to es- ing volume, and other trading data be pro- ance and settlement of transactions con- tablish the Department of Homeland vided; and ducted on the covered entity subject to the Security, and for other purposes; which ‘‘(III) consistent with section 4i, books and exemption under paragraph (3); was ordered to lie on the table; as fol- records be maintained relating to each trans- ‘‘(B)(i) provide the Commission with access lows: action in such form as the Commission may to the trading protocols of the covered enti- On page 347, after line 5, add the following: require for a period of at least 5 years after ty and electronic access to the covered enti- the date of the transaction. ty with respect to transactions conducted in DIVISION D—EXEMPT COMMODITIES ‘‘(B) TRANSACTIONS EXEMPTED BY COMMIS- reliance on the exemption under paragraph TRANSACTIONS SION ACTION.—Notwithstanding any exemp- (3); and SEC. 3101. SHORT TITLE. tion by the Commission under section 4(c), ‘‘(ii) on special call by the Commission, This division may be cited as the ‘‘Exempt an agreement, contract, or transaction de- provide to the Commission, in a form and Commodities Transactions Act’’. scribed in paragraph (2) or (3) shall be sub- manner and within the period specified in SEC. 3102. OFF-EXCHANGE TRANSACTIONS IN EX- ject to the authorities in clauses (i), (ii), and the special call, such information relating to EMPT COMMODITIES. (iii) of subparagraph (A). the business of the covered entity as a cov- Section 2 of the Commodity Exchange Act ‘‘(5) COVERED ENTITIES.—An agreement, ered entity exempt under paragraph (3), in- (7 U.S.C. 2) is amended by striking sub- contract, or transaction described in para- cluding information relating to data entry sections (g) and (h) and inserting the fol- graph (3) and the covered entity on which and transaction details with respect to lowing: the agreement, contract, or transaction is transactions entered into in reliance on the ‘‘(g) OFF-EXCHANGE TRANSACTIONS IN EX- executed, shall be subject to (to the extent exemption under paragraph (3), as the Com- EMPT COMMODITIES.— the Commission determines appropriate)— mission may determine appropriate— ‘‘(1) DEFINITIONS.—In this subsection: ‘‘(A) section 5a, to the extent provided in ‘‘(I) to enforce the provisions specified in ‘‘(A) COVERED ENTITY.—The term ‘covered section 5a(g)) and 5d; paragraph (4); entity’ means— ‘‘(B) consistent with section 4i, a require- ‘‘(II) to evaluate a systemic market event; ‘‘(i) an electronic trading facility; and ment that books and records relating to the or ‘‘(ii) a dealer market. business of the covered entity on which the ‘‘(III) to obtain information requested by a ‘‘(B) DEALER MARKET.— agreement, contract, or transaction is exe- Federal financial regulatory authority to en- ‘‘(i) IN GENERAL.—The term ‘dealer market’ cuted be made available to representatives of able the authority to fulfill the regulatory or has the meaning given the term by the Com- the Commission and the Department of Jus- supervisory responsibilities of the authority; mission. tice for inspection for a period of at least 5 ‘‘(C)(i) on receipt of any subpoena issued by ‘‘(ii) INCLUSIONS.—The term ‘dealer mar- years after the date of each transaction, in- or on behalf of the Commission to any for- ket’ includes each bilateral or multilateral cluding— eign person that the Commission believes is agreement, contract, or transaction deter- ‘‘(i) information relating to data entry and conducting or has conducted transactions in mined by the Commission, regardless of the transaction details sufficient to enable the reliance on the exemption under paragraph means of execution of the agreement, con- Commission to reconstruct trading activity (3) on or through the covered entity relating tract, or transaction. on the covered entity; and to the transactions, promptly notify the for- ‘‘(2) EXEMPTION FOR TRANSACTIONS NOT ON ‘‘(ii) the name and address of each partici- eign person of, and transmit to the foreign TRADING FACILITIES.—Except as provided in pant on the covered entity authorized to person, the subpoena in a manner that is rea- paragraph (4), nothing in this Act shall apply enter into transactions; and sonable under the circumstances, or as speci- to an agreement, contract, or transaction in ‘‘(C) a requirement that information on fied by the Commission; and an exempt commodity that— volume, settlement price, open interest, ‘‘(ii) if the Commission has reason to be- ‘‘(A) is entered into solely between persons opening and closing ranges, and any other lieve that a person has not timely complied that are eligible contract participants at the information that the Commission deter- with a subpoena issued by or on behalf of the time the persons enter into the agreement, mines to be appropriate for public disclosure Commission under clause (i), and the Com- contract, or transaction; and be made available to the public on a daily mission in writing directs that a covered en- ‘‘(B) is not entered into on a trading facil- basis, except that the Commission shall tity relying on the exemption under para- ity. not— graph (3) deny or limit further transactions ‘‘(3) EXEMPTION FOR TRANSACTIONS ON COV- ‘‘(i) require the real-time publication of by the person, deny that person further trad- ERED ENTITIES.—Except as provided in para- proprietary information; or ing access to the covered entity or, as appli- graphs (4), (5), and (6), nothing in this Act ‘‘(ii) prohibit the commercial sale of real- cable, limit that access of the person to the shall apply to an agreement, contract, or time proprietary information. covered entity for liquidation trading only; transaction in an exempt commodity that ‘‘(6) NOTIFICATION, DISCLOSURES, AND OTHER ‘‘(D) comply with the requirements of this is— REQUIREMENTS FOR COVERED ENTITIES.—A subsection applicable to the covered entity ‘‘(A) entered into on a principal-to-prin- covered entity subject to the exemption and require that each participant, as a condi- cipal basis solely between persons that are under paragraph (3) shall (to the extent the tion of trading on the covered entity in reli- eligible contract participants at the time at Commission determines appropriate)— ance on the exemption under paragraph (3), which the persons enter into the agreement, ‘‘(A) notify the Commission of the inten- agree to comply with all applicable law; contract, or transaction; and tion of the covered entity to operate as a ‘‘(E) certify to the Commission that the ‘‘(B) executed or traded on a covered enti- covered entity subject to the exemption covered entity has a reasonable basis for be- ty. under paragraph (3), which notice shall in- lieving that participants authorized to con- ‘‘(4) REGULATORY AND OVERSIGHT REQUIRE- clude— duct transactions on the covered entity in MENTS.— ‘‘(i) the name and address of the covered reliance on the exemption under paragraph ‘‘(A) IN GENERAL.—An agreement, contract, entity and a person designated to receive (3) are eligible contract participants; or transaction described in paragraph (2) or communications from the Commission; ‘‘(F) maintain sufficient capital, commen- (3) (and the covered entity on which the ‘‘(ii) the commodity categories that the surate with the risk associated with the agreement, contract, or transaction is exe- covered entity intends to list or otherwise transaction; and cuted) shall be subject to— make available for trading on the covered ‘‘(G) not represent to any person that the ‘‘(i) sections 5b, 12(e)(2)(B), and 22(a)(4); entity in reliance on the exemption under covered entity is registered with, or des- ‘‘(ii) the provisions relating to manipula- paragraph (3); ignated, recognized, licensed, or approved by tion and misleading transactions under sec- ‘‘(iii) certifications that— the Commission.

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‘‘(7) HEARING.—A person named in a sub- ‘‘(1) to cheat or defraud or attempt to found in the action to have committed any poena referred to in paragraph (6)(C) that be- cheat or defraud any person; violation— lieves the person is or may be adversely af- ‘‘(2) willfully to make or cause to be made ‘‘(A) a civil penalty in the amount of not fected or aggrieved by action taken by the to any person any false report or statement, more than the greater of $100,000 or triple the Commission under this subsection, shall or willfully to enter or cause to be entered monetary gain to the person for each viola- have the opportunity for a prompt hearing for any person any false record; tion; or after the Commission acts under procedures ‘‘(3) willfully to deceive or attempt to de- ‘‘(B) in any case of manipulation of, or an that the Commission shall establish by rule, ceive any person by any means whatsoever; attempt to manipulate, the price of any com- regulation, or order. or modity, a civil penalty in the amount of not ‘‘(8) PRIVATE REGULATORY ORGANIZATIONS.— ‘‘(4) except as permitted in written rules of more than the greater of $1,000,000 or triple ‘‘(A) DELEGATION OF FUNCTIONS UNDER CORE a registered entity— the monetary gain to the person for each PRINCIPLES.—A covered entity may comply ‘‘(A) to bucket an order; violation.’’. with any core principle under subparagraph ‘‘(B) to fill an order by offset against the 1 (e) VIOLATIONS GENERALLY.—Section 9 of (B) that is applicable to the covered entity or more orders of another person; or the Commodity Exchange Act (7 U.S.C. 13) is through delegation of any relevant function ‘‘(C) willfully and knowingly, for or on be- amended— to— half of any other person and without the (1) by redesignating subsection (f) as sub- ‘‘(i) a registered futures association under prior consent of the person, to become— section (e); and section 17; or ‘‘(i) the buyer with respect to any selling (2) by adding at the end the following: ‘‘(ii) another registered entity. order of the person; or ‘‘(f) PRICE MANIPULATION.—It shall be a fel- ‘‘(B) CORE PRINCIPLES.—The Commission ‘‘(ii) the seller with respect to any buying ony punishable by a fine of not more than may establish core principles requiring a order of the person.’’. $1,000,000 for each violation or imprisonment covered entity to monitor trading to— SEC. 3104. FERC LIAISON. for not more than 10 years, or both, together ‘‘(i) prevent fraud and manipulation; Section 2(a)(9) of the Commodity Exchange with the costs of prosecution, for any per- ‘‘(ii) prevent price distortion and disrup- Act (7 U.S.C. 2(a)(9)) is amended by adding at son— tions of the delivery or cash settlement proc- the end the following: ‘‘(1) to manipulate or attempt to manipu- ess; ‘‘(C) LIAISON WITH FEDERAL ENERGY REGU- late the price of any commodity in inter- ‘‘(iii) ensure that the covered entity has LATORY COMMISSION.—The Commission shall, state commerce, or for future delivery on or adequate financial, operational, and manage- in cooperation with the Federal Energy Reg- subject to the rules of any registered entity; rial resources to discharge the responsibil- ulatory Commission, maintain a liaison be- ‘‘(2) to corner or attempt to corner any ities of the covered entity; and tween the Commission and the Federal En- such commodity; ‘‘(iv) ensure that all reporting, record- ergy Regulatory Commission.’’. ‘‘(3) knowingly to deliver or cause to be de- keeping, notice, and registration require- SEC. 3105. CRIMINAL AND CIVIL PENALTIES. livered (for transmission through the mails ments under this subsection are discharged (a) ENFORCEMENT POWERS OF COMMISSION.— or interstate commerce by telegraph, tele- in a timely manner. Section 6(c) of the Commodity Exchange Act phone, wireless, or other means of commu- ‘‘(C) RESPONSIBILITY.—A covered entity (7 U.S.C. 9, 15) is amended in paragraph (3) of nication) false or misleading or knowingly that delegates a function under subpara- the tenth sentence— inaccurate reports concerning crop or mar- graph (A) shall remain responsible for car- (1) by inserting ‘‘(A)’’ after ‘‘assess such ket information or conditions that affect or rying out the function. person’’; and tend to affect the price of any commodity in ‘‘(D) NONCOMPLIANCE.—If a covered entity (2) by inserting after ‘‘each such violation’’ interstate commerce; or that delegates a function under subpara- the following: ‘‘, or (B) in any case of manip- ‘‘(4) knowingly to violate section 4 or 4b, graph (A) becomes aware that a delegated ulation of, or attempt to manipulate, the any of subsections (a) through (e) of sub- function is not being performed as required price of any commodity, a civil penalty of section 4c, or section 4h, 4o(1), or 19.’’. under this Act, the covered entity shall not more than the greater of $1,000,000 or tri- SEC. 3106. FEDERAL ENERGY REGULATORY COM- promptly take action to address the non- ple the monetary gain to such person for MISSION REVIEW OF ENERGY TRAD- compliance. each such violation,’’. ING MARKETS. ‘‘(E) VIOLATION OF CORE PRINCIPLES.— (b) MANIPULATIONS OR OTHER VIOLATIONS.— Section 402 of the Department of Energy ‘‘(i) IN GENERAL.—If the Commission deter- Section 6(d) of the Commodity Exchange Act Organization Act (42 U.S.C. 7172) is amended mines, on the basis of substantial evidence, (7 U.S.C. 13b) is amended in the first sen- by adding at the end the following: that a covered entity is violating any appli- tence— ‘‘(i) REVIEW OF DERIVATIVES TRANS- cable core principle specified in subpara- (1) by striking ‘‘paragraph (a) or (b) of sec- ACTIONS.— graph (B), the Commission shall— tion 9 of this Act’’ and inserting ‘‘subsection ‘‘(1) IN GENERAL.—To the extent that the ‘‘(I) notify the covered entity in writing of (a), (b), or (f) of section 9’’; and Commission determines that any contract the determination; and (2) by striking ‘‘said paragraph 9(a) or 9(b)’’ that comes before the Commission is not ‘‘(II) afford the covered entity an oppor- and inserting ‘‘subsection (a), (b), or (f) of under the jurisdiction of the Commission, tunity to make appropriate changes to bring section 9’’. the Commission shall refer the contract to the covered entity into compliance with the (c) NONENFORCEMENT OF RULES OF GOVERN- the appropriate Federal agency. core principles. MENT OR OTHER VIOLATIONS.—Section 6b of ‘‘(2) MEETINGS.—A designee of the Commis- ‘‘(ii) FAILURE TO MAKE CHANGES.—If, not the Commodity Exchange Act (7 U.S.C. 13a) sion shall meet quarterly with a designee of later than 30 days after receiving a notifica- is amended— the Commodity Futures Trading Commis- tion under clause (i)(I), a covered entity fails (1) in the first sentence— sion, the Securities Exchange Commission, to make changes that, as determined by the (A) by inserting ‘‘section 2(g)(8),’’ after the Department of the Treasury, and the Commission, are necessary to comply with ‘‘sections 5 through 5c,’’; and Federal Reserve Board to discuss— the core principles, the Commission may (B) by inserting before the period at the ‘‘(A) conditions and events in energy trad- take further action in accordance with this end the following: ‘‘, or, in any case of ma- ing markets; and Act. nipulation of, or an attempt to manipulate, ‘‘(B) any changes in Federal law (including ‘‘(F) RESERVATION OF EMERGENCY AUTHOR- the price of any commodity, a civil penalty regulations) that may be appropriate to reg- ITY.—Nothing in this paragraph limits or af- of not more than $1,000,000 for each such vio- ulate energy trading markets. fects the emergency powers of the Commis- lation’’; and ‘‘(3) LIAISON.—The Commission shall, in co- sion provided under section 8a(9). (2) in the second sentence, by inserting be- operation with the Commodity Futures ‘‘(9) NO EFFECT ON OTHER AUTHORITY.—This fore the period at the end the following: ‘‘, Trading Commission, maintain a liaison be- subsection shall not affect the authority of except that if the failure or refusal to obey tween the Commission and the Commodity the Federal Energy Regulatory Commission or comply with the order involved any of- Futures Trading Commission.’’. to regulate an agreement, contract, or trans- fense under section 9(f), the registered enti- SEC. 3107. CONFORMING AMENDMENTS. action under the Federal Power Act (16 ty, director, officer, agent, or employee shall (a) Section 2 of the Commodity Exchange U.S.C. 791a et seq.) or the Natural Gas Act be guilty of a felony and, on conviction, shall Act (7 U.S.C. 2) is amended— (15 U.S.C 717 et seq.).’’. be subject to penalties under section 9(f)’’. (1) in subsection (d)(1), by striking ‘‘section SEC. 3103. FRAUDULENT TRANSACTIONS PROHIB- (d) ACTION TO ENJOIN OR RESTRAIN VIOLA- 5b’’ and inserting ‘‘section 5a(g), 5b,’’; ITED. TIONS.—Section 6c(d) of the Commodity Ex- (2) in subsection (e)— Section 4b of the Commodity Exchange Act change Act (7 U.S.C. 13a–1(d)) is amended by (A) in paragraph (1), by striking ‘‘, 2(g), or (7 U.S.C. 6b) is amended by striking sub- striking ‘‘(d)’’ and all that follows through 2(h)(3)’’; and section (a) and inserting the following: the end of paragraph (1) and inserting the (B) in paragraph (3), by striking ‘‘2(h)(5)’’ ‘‘(a) PROHIBITION.—It shall be unlawful for following: and inserting ‘‘2(g)(6)’’; any person, directly or indirectly, in or in ‘‘(d) CIVIL PENALTIES.— (3) by redesignating subsection (i) as sub- connection with any account, or any offer to ‘‘(1) IN GENERAL.—In any action brought section (h); and enter into, the entry into, or the confirma- under this section, the Commission may seek (4) in subsection (h) (as redesignated by tion of the execution of, any agreement, con- and the court shall have jurisdiction to im- paragraph (3)); and tract, or transaction subject to this Act— pose, on a proper showing, on any person (A) in paragraph (1)—

VerDate Sep 04 2002 04:13 Sep 21, 2002 Jkt 099060 PO 00000 Frm 00028 Fmt 4637 Sfmt 0634 E:\CR\FM\A20SE6.025 S20PT1 September 20, 2002 CONGRESSIONAL RECORD — SENATE S8985 (i) by striking ‘‘No provision’’ and insert- the operational test and evaluation infra- an endowment for the Andrei Sakharov Ar- ing ‘‘IN GENERAL.—Subject to subsection (g), structure of the Department and, for each chives and Human Rights Center for the pur- no provision’’; and major system subjected to operational test pose of collecting and preserving documents (ii) in subparagraph (A)— and evaluation during the fiscal year covered related to the life of Andrei Sakharov and (I) by striking ‘‘section 2(c), 2(d), 2(e), 2(f), by the report, the following information: the administration of such Center. or 2(g) of this Act’’ and inserting ‘‘subsection (i) SYSTEM MISSION.—The mission of the (b) FUNDING.—There is authorized to be ap- (c), (d), (e), or (f)’’; and major system. propriated to the President to carry out sub- (II) by striking ‘‘section 2(h)’’ and insert- (ii) BACKGROUND SYSTEM INFORMATION.— section (a) not more than $1,500,000. ing ‘‘subsection (g)’’; and Background technical and programmatic in- SEC. . EXTENSION OF LAW. (B) in paragraph (2), by striking ‘‘No provi- formation on the major system. The provisions of section 108(c) of H.R. sion’’ and inserting ‘‘IN GENERAL.—Subject to (iii) TEST AND EVALUATION ACTIVITIES.—A 3427, as enacted by section 1000(a)(7) of P.L. subsection (g), no provision’’. discussion of the operational test and eval- 106–113, shall apply to U.S. contributions for (b) Section 4i of the Commodity Exchange uation conducted on the major system dur- fiscal year 2003 to the organization described Act (7 U.S.C. 6i) is amended in the first sen- ing such fiscal year. in section 108(c) of H.R. 3427. tence by inserting ‘‘, or pursuant to an ex- (iv) OPERATIONAL EFFECTIVENESS ASSESS- emption under section 4(c)’’ after ‘‘trans- MENT.—An assessment of the operational ef- f action execution facility’’. fectiveness of the major system, as deter- AUTHORITY FOR COMMITTEES TO (c) Section 8a(9) of the Commodity Ex- mined on the basis of the results of the oper- change Act (7 U.S.C. 12a(9)) is amended— ational test and evaluation. MEET (1) by inserting ‘‘or covered entity under (H) DEFINITIONS.—In this paragraph: SELECT COMMITTEE ON INTELLIGENCE section 2(g)’’ after ‘‘direct the contract mar- (i) MAJOR SYSTEM.—The term ‘‘major sys- Mr. DASCHLE. Mr. President, I ask ket’’; tem’’ has the meaning given such term in unanimous consent that the Select (2) by striking ‘‘on any futures contract’’; section 4(9) of the Office of Federal Procure- and ment Policy Act (41 U.S.C. 403(9)). Committee on Intelligence be author- (3) by inserting ‘‘or covered entity under (ii) OPERATIONAL TEST AND EVALUATION.— ized to meet during the session of the section 2(g)’’ after ‘‘given by a contract mar- The term ‘‘operational test and evaluation’’ Senate on Friday, September 20, 2002 at ket’’. means a test, under realistic combat condi- 10:00 a.m. and 2:30 p.m. to hold a joint SA 4696. Mr. BINGAMAN submitted tions, of any item (or key component) of a open hearing with the House Perma- an amendment intended to be proposed technology, of a device, or of equipment for nent Select Committee on Intelligence to amendment SA 4471 proposed by Mr. the purpose of determining the effectiveness regarding the Joint Inquiry into the and suitability of the technology, device, or LIEBERMAN to the bill H.R. 5005, to es- events of September 11, 2001. equipment for use by typical users to meet tablish the Department of Homeland homeland security needs or objectives, to- The PRESIDING OFFICER. Without Security, and for other purposes; which gether with an evaluation of the results of objection, it is so ordered. was ordered to lie on the table; as fol- such test. f lows: (I) GAO REPORT.—Not later than two years On page 85, between lines 3 and 4, insert after the effective date of this division, the AUTHORIZING SERGEANT AT the following: Comptroller General shall submit to Con- ARMS AND DOORKEEPER OF (4) OPERATIONAL TEST AND EVALUATION.— gress a report on the administration of oper- SENATE TO ASCERTAIN AND (A) PRINCIPAL OFFICIAL FOR OPERATIONAL ational test and evaluation within the De- SETTLE CLAIMS ARISING OUT TEST AND EVALUATION.—The Under Secretary partment. The report shall include a discus- OF ANTHRAX EXPOSURE is the official within the Department who, sion of the implementation of this para- under the Secretary, is responsible for oper- graph, together with any recommendations Mr. REID. I ask unanimous consent ational test and evaluation activities of the for improvement of the implementation of that the Senate proceed to the consid- Department. As such, the Under Secretary is this section that the Comptroller General eration of S. Res. 329 submitted earlier the principal adviser to the Secretary re- considers appropriate. Effective 90 days after today by Senator DODD. garding such activities and shall carry out the date on which the report under this sec- The PRESIDING OFFICER. The the duties set forth in the other provisions of tion is due, this subparagraph is repealed. clerk will report the resolution by this paragraph subject to the authority, di- On page 91, beginning on line 9, strike ‘‘(h) OFFICE FOR TECHNOLOGY EVALUATION AND title. rection, and control of the Secretary. The assistant legislative clerk read (B) POLICIES AND PROCEDURES.—The Under TRANSITION.—’’ and insert ‘‘(h) OFFICE FOR Secretary shall prescribe policies and proce- TESTING, EVALUATION, AND TRANSITION.—’’. as follows: dures for the conduct of operational test and On page 91, beginning on line 14, strike A resolution (S. Res. 329) authorizing the evaluation activities of the Department. ‘‘Office for Technology Evaluation and Tran- Sergeant at Arms and Doorkeeper of the (C) MONITORING AND REVIEW.—The Under sition’’ and insert ‘‘Office for Testing, Eval- Senate to ascertain and settle claims arising Secretary shall monitor and review the con- uation, and Transition’’. out of anthrax exposure in the Senate com- duct of operational test and evaluation ac- On page 91, between lines 16 and 17, insert plex. ‘‘(A) carry out the duties of the Under Sec- tivities of the Department. The Under Sec- There being no objection, the Senate retary shall require prompt reports on the retary with respect to operational test and evaluation;’’. proceeded to consider the resolution. conduct of such activities. Mr. REID. I ask unanimous consent (D) COORDINATION.—The Under Secretary On page 92, line 11, insert ‘‘(except for the shall coordinate operational test and evalua- function described in paragraph (2)(A))’’ that the resolution be agreed to, the tion that is carried out jointly by two or after ‘‘The functions described under this motion to reconsider be laid upon the more Under Secretaries of Homeland Secu- subsection’’. table, en bloc, without intervening ac- rity. tion or debate. Mr. BYRD (for Mr. BIDEN) (E) FINANCIAL MANAGEMENT.—The Under SA 4697. The PRESIDING OFFICER. Without Secretary shall review all matters relating proposed an amendment to the bill objection, it is so ordered. to the budget and financial management for H.R. 2121, An Act to make available The resolution (S. Res. 329) was operational test and evaluation by the De- funds under the Foreign Assistance Act agreed to as follows: partment and submit to the Secretary any of 1961 to expand democracy, good gov- recommendations that the Under Secretary ernance, and anti-corruption programs S. RES. 329 determines appropriate regarding such mat- in the Russian Federation in order to Resolved, That (a) the Sergeant at Arms ters. promote and strengthen democratic and Doorkeeper of the Senate— (F) ACCESS TO INFORMATION.—The Under (1) in accordance with such regulations as Secretary shall have access to any records government and civil society and inde- the Committee on Rules and Administration and other information of the Department pendent media in that country; as fol- may prescribe, may consider and ascertain that the Under Secretary determines nec- lows: any claim incident to service by a Member, essary to carry of the duties of the position At the appropriate place in the bill insert officer, or employee of the Senate for any under this paragraph. the following: damage to, or loss of, personal property, for (G) ANNUAL REPORT TO CONGRESS.—Not SEC. . PRESERVING THE ARCHIVES OF HUMAN which the Member, officer, or employee has later than February 15 of each year, the RIGHTS ACTIVIST AND NOBEL not been reimbursed, resulting from the an- Under Secretary shall submit to Congress a PEACE PRIZE WINNER ANDREI thrax incident of October 15, 2001, or the re- report on the conduct of operational test and SAKHAROV. lated remediation efforts undertaken from evaluation activities of the Department dur- (a) AUTHORIZATION.—The President is au- such date through March 15, 2002; and ing the fiscal year ending in the preceding thorized, on such terms and conditions as (2) may, with the approval of the Com- year. The report shall include an assessment the President determines to be appropriate, mittee on Rules and Administration and in of the overall strength and effectiveness of to make a grant to Brandeis University for accordance with the provisions of section

VerDate Sep 04 2002 04:13 Sep 21, 2002 Jkt 099060 PO 00000 Frm 00029 Fmt 4637 Sfmt 0634 E:\CR\FM\A20SE6.025 S20PT1 S8986 CONGRESSIONAL RECORD — SENATE September 20, 2002 3721 of title 31, United States Code, deter- Whereas as individuals learn about their received by the Senate and appeared in the mine, compromise, adjust, and settle such ancestors who worked so hard and sacrificed CONGRESSIONAL RECORD of September 17, 2002 claim in an amount not exceeding $4,000 per so much, their commitment to honor their f claimant. ancestors’ memory by doing good is in- (b) Claimants shall file claims pursuant to creased; LEGISLATIVE SESSION this resolution with the Sergeant at Arms Whereas interest in our personal family not later than December 31, 2002. history transcends all cultural and religious The PRESIDING OFFICER. Under (c) Any compromise, adjustment, or settle- affiliations; the previous order, the Senate will now ment of any such claim pursuant to this res- Whereas to encourage family history re- return to legislative session. olution shall be paid from the contingent search, education, and the sharing of knowl- f fund of the Senate on a voucher approved by edge is to renew the commitment to the con- the chairman of the Committee on Rules and cept of home and family; and ORDERS FOR MONDAY, Administration. Whereas the involvement of National, SEPTEMBER 23, 2002 f State, and local officials in promoting gene- alogy and in facilitating access to family Mr. REID. Mr. President, I ask unan- FAMILY HISTORY MONTH history records in archives and libraries are imous consent that when the Senate Mr. REID. Mr. President, I ask unan- important factors in the successful percep- completes its business today, it stand imous consent that the Senate now tion of nationwide camaraderie, support, and in adjournment until 2:30 p.m., Mon- participation: Now, therefore, be it proceed to the consideration of S. Res. day, September 23; that following the Resolved, That the Senate— prayer and the pledge, the morning 330. (1) designates the month of October 2002, as The PRESIDING OFFICER. The ‘‘Family History Month’’; and hour be deemed expired, the Journal of clerk will report the resolution by (2) requests that the President issue a proceedings be approved to date, the title. proclamation calling upon the people of the time for the two leaders be reserved for The assistant legislative clerk read United States to observe the month with ap- their use later in the day, and there be as follows: propriate ceremonies and activities. a period for morning business until A resolution (S. Res. 330) designating the f 3:30, with Senators permitted to speak for up to 10 minutes each, with the month of October 2002, as ‘‘Family History EXECUTIVE SESSION Month’’. first half of the time under the control There being no objection, the Senate of Senator LOTT or his designee and the second half under the control of Sen- proceeded to consider the resolution. EXECUTIVE CALENDAR ator DASCHLE or his designee. Mr. REID. I ask unanimous consent Mr. REID. Mr. President, I ask unan- that the resolution and preamble be The PRESIDING OFFICER. Without imous consent that the Senate proceed objection, it is so ordered. agreed to, the motion to reconsider be to executive session to consider Execu- f laid on the table, and that any state- tive Calendar Nos. 1035, 1036, 1039 and ments pertaining thereto be printed in the nominations on the Secretary’s PROGRAM the RECORD. desk; that the nominations be con- The PRESIDING OFFICER. Without Mr. REID. Mr. President, on Monday, firmed; the motion to reconsider be the Senate will resume consideration objection, it is so ordered. laid on the table, the President be im- The resolution (S. Res. 330) was of the Interior Appropriations Act. The mediately notified of the Senate’s ac- next rollcall votes will occur on Mon- agreed to. tion, and that any statements relating The preamble was agreed to. day at about 5:30 in relation to the thereto be printed in the RECORD; and The resolution (S. Res. 330), with its Dodd amendment to the Interior Ap- that the Senate then resume legisla- propriations Act, and on cloture on the preamble, reads as follows: tive session, with the preceding all oc- S. RES. 330 Byrd substitute amendment to the In- curring without any intervening action terior appropriations bill. Whereas it is the family, striving for a fu- or debate. ture of opportunity and hope, that reflects The PRESIDING OFFICER. Without f our Nation’s belief in community, stability, objection, it is so ordered. and love; ORDER FOR ADJOURNMENT Whereas the family remains an institution The nominations considered and con- firmed are as follows: Mr. REID. If there is no further busi- of promise, reliance, and encouragement; ness now to come before the Senate, I Whereas we look to the family as an un- NOMINATIONS ask unanimous consent that the Sen- wavering symbol of constancy that will help COAST GUARD us discover a future of prosperity, promise, ate stand in adjournment under the The following named officers for appoint- and potential; previous order following the remarks of ment in the United States Cast Guard to the Whereas within our Nation’s libraries and the Senator from West Virginia, Mr. grade indicated under Title 14, U.S.C., Sec- archives lie the treasured records that detail BYRD. tion 271: the history of our Nation, our States, our The PRESIDING OFFICER. Without communities, and our citizens; To be rear admiral (lower half) objection, it is so ordered. Whereas individuals from across our Na- Capt. Jody A. Breckenridge Mr. REID. I suggest the absence of a tion and across the world have embarked on Capt. John E. Crowley quorum. a genealogical journey by discovering who Capt. Larry L. Hereth their ancestors were and how various forces Capt. Richard R. Houck The PRESIDING OFFICER. The shaped their past; Capt. Clifford I. Pearson clerk will call the roll. Whereas an ever-growing number in our Capt. James C. Van Sice The assistant legislative clerk pro- Nation and in other nations are collecting, The following named officer for appoint- ceeded to call the roll. preserving, and sharing genealogies, personal ment to the grade indicated in the United Mr. BYRD. Mr. President, I ask unan- documents, and memorabilia that detail the States Coast Guard under Title 14, U.S. Code, imous consent that the order for the life and times of families around the world; Section 211: quorum call be rescinded. Whereas 54,000,000 individuals belong to a To be Rear Admiral Lower Half The PRESIDING OFFICER (Mr. family where someone in the family has used Stephen W. Rochon the Internet to research their family history; BAYH). Without objection, it is so or- Whereas individuals from across our Na- DEPARTMENT OF JUSTICE dered. tion and across the world continue to re- Antonio Candia Amador, of California, to Mr. BYRD. Mr. President, what is the search their family heritage and its impact be United States Marshal for the Eastern parliamentary situation at the mo- upon the history of our Nation and the District of California for the term of four ment? world; years, vice Jerry J. Enomoto. The PRESIDING OFFICER. The Sen- Whereas approximately 60 percent of PN2162 Coast Guard nomination of David ate is in morning business. Americans have expressed an interest in C. Clippinger, which was received by the Sen- Mr. BYRD. Is there an order permit- tracing their family history; ate and appeared in the CONGRESSIONAL Whereas the study of family history gives RECORD of September 17, 2002 ting Senators to speak during morning individuals a sense of their heritage and a PN2161 Coast Guard nominations (59) be- business? sense of responsibility in carrying out a leg- ginning Christine D Balboni, and ending Ste- The PRESIDING OFFICER. The pre- acy that their ancestors began; ven E Vanderplas, which nominations were vious order is for 10 minutes.

VerDate Sep 11 2014 10:13 Jul 25, 2019 Jkt 000000 PO 00000 Frm 00030 Fmt 4637 Sfmt 0634 C:\ERIC\CONGRESSIONAL RECORD SSN FILES_2\S20SE2.REC S20SE2 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE September 20, 2002 CONGRESSIONAL RECORD — SENATE S8987 Mr. BYRD. Mr. President, I ask unan- The history of America’s relations with American officials have known that Sad- imous consent that I may proceed out Saddam is one of the sorrier tales in Amer- dam was a psychopath— of order for as much time as I may con- ican foreign policy. Time and again, America Get that. turned a blind eye to Saddam’s predations, sume. American officials have known that Sad- saw him as the lesser evil or flinched at the dam was a psychopath ever since he became The PRESIDING OFFICER. Without chance to unseat him. No single policymaker the country’s de facto ruler in the early objection, it is so ordered. or administration deserves blame for cre- 1970s. One of Saddam’s early acts after he Mr. BYRD. Mr. President, I do not ating, or at least tolerating, a monster; took the title of president in 1979 was to vid- expect to speak overly long. I think I many of their decisions seemed reasonable at eotape a session of his party’s congress, dur- the time. Even so, there are moments in this should be able to complete my state- ing which he personally ordered several clumsy dance with the Devil that make one ment in 20 minutes. members executed on the spot. cringe. It is hard to believe that, during f most of the 1980s, America knowingly per- Let me repeat that: HOW SADDAM HAPPENED mitted the Iraq Atomic Energy Commission American officials have known that Sad- to import bacterial cultures that might be dam was a psychopath ever since he became Mr. BYRD. Mr. President, yesterday, used to build biological weapons. the country’s de facto ruler in the early at a hearing of the Senate Armed Serv- Let me read that again: 1970s. One of Saddam’s early acts after he took the title of president in 1979 was to vid- ices Committee, I asked a question of It is hard to believe that, during most of eotape— the Secretary of Defense. I referred to the 1980s, America knowingly permitted the a Newsweek article that will appear in Iraq Atomic Energy Commission to import Videotape— the September 23, 2002, edition. That bacterial cultures that might be used to a session of his party’s congress, during article reads as follows. It is not overly build biological weapons. But it happened. which he personally ordered several mem- lengthy. I shall read it. Beginning on America’s past stumbles, while embar- bers executed on the spot. rassing, are not an argument for inaction in The message, carefully conveyed to the page 35 of Newsweek, here is what the the future. Saddam probably is the ‘‘grave Arab press, was not that these men were exe- article says: and gathering danger’’ described by Presi- cuted for plotting against Saddam, but rath- America helped make a monster. What to dent Bush in his speech to the United Na- er for thinking about plotting against him. do with him—and what happens after he is tions last week. It may also be true that From the beginning, U.S. officials worried gone—has haunted us for a quarter century. ‘‘whoever replaces Saddam is not going to be about Saddam’s taste for nasty weaponry; The article is written by Christopher worse,’’ as a senior administration official indeed, at their meeting in 1983, Rumsfeld Dickey and Evan Thomas. It reads as put it to Newsweek. But the story of how warned that Saddam’s use of chemical weap- America helped create a Frankenstein mon- ons might ‘‘inhibit’’ American assistance. follows: ster it now wishes to strangle is sobering. It But top officials in the Reagan administra- The last time Donald Rumsfeld saw Sad- illustrates the power of wishful thinking, as tion saw Saddam as a useful surrogate. By dam Hussein, he gave him a cordial hand- well as the iron law of unintended con- going to war with Iran, he could bleed the shake. The date was almost 20 years ago, sequences. radical mullahs who had seized control of Dec. 20, 1983; an official Iraqi television crew America did not put Saddam in power. He Iran from the pro-American shah. Some recorded the historic moment. emerged after two decades of turmoil in the Reagan officials even saw Saddam as another The once and future Defense secretary, at ’60s and ’70s, as various strongmen tried to Anwar Sadat, capable of making Iraq into a the time a private citizen, had been sent by gain control of a nation that had been con- modern secular state, just as Sadat had tried President Ronald Reagan to Baghdad as a cocted by British imperialists in the 1920s to lift up Egypt before his assassination in special envoy. Saddam Hussein, armed with out of three distinct and rival factions, the 1981. a pistol on his hip, seemed ‘‘vigorous and Sunnis, Shiites and the Kurds. But during But Saddam had to be rescued first. The confident,’’ according to a now declassified the cold war, America competed with the So- war against Iran was going badly by 1982. State Department cable obtained by News- viets for Saddam’s attention and welcomed Iran’s ‘‘human wave attacks’’ threatened to week. Rumsfeld ‘‘conveyed the President’s his war with the religious fanatics of Iran. overrun Saddam’s armies. Washington de- greetings and expressed his pleasure at being Having cozied up to Saddam, Washington cided to give Iraq a helping hand. in Baghdad,’’ wrote the notetaker. Then the found it hard to break away—even after After Rumsfeld’s visit to Baghdad in 1983, two men got down to business, talking about going to war with him in 1991. Through years U.S. intelligence began supplying the Iraqi the need to improve relations between their of both tacit and overt support, the West dictator with satellite photos showing Ira- two countries. helped create the Saddam of today, giving nian deployments. Official documents sug- Like most foreign-policy insiders, Rums- him time to build deadly arsenals and domi- gest that America may also have secretly ar- feld was aware that Saddam was a mur- nate his people. Successive administrations ranged for tanks and other military hard- derous thug who supported terrorists and always worried that if Saddam fell, chaos ware to be shipped to Iraq in a swap deal— was trying to build a nuclear weapon. (The would follow, rippling through the region American tanks to Egypt, Egyptian tanks to Israelis had already bombed Iraq’s nuclear and possibly igniting another Middle East Iraq. Over the protest of some Pentagon reactor at Osirak.) But at the time, Amer- war. At times it seemed that Washington skeptics, the Reagan administration began ica’s big worry was Iran, not Iraq. The was transfixed by Saddam. allowing the Iraqis to buy a wide variety of Reagan administration feared that the Ira- The Bush administration wants to finally ‘‘dual use’’ equipment and materials from nian revolutionaries who had overthrown the break the spell. If the administration’s true American suppliers. According to confiden- shah (and taken hostage American diplomats believers are right, Baghdad, after Saddam tial Commerce Department export-control for 444 days in 1979–81) would overrun the falls will look something like Paris after the documents obtained by NEWSWEEK, the Middle East and its vital oilfields. On the— Germans fled in August 1944. American shopping list included a computerized data- theory that the enemy of my enemy is my troops will be cheered as liberators, and de- base for Saddam’s Interior Ministry (presum- friend, the Reaganites were seeking to sup- mocracy will spread forth and push Middle ably to help keep track of political oppo- port Iraq in a long and bloody war against Eastern despotism back into the shadows. nents); helicopters to transport Iraqi offi- Iran. The meeting between Rumsfeld and Yet if the gloomy predictions of the adminis- cials; television cameras for ‘‘video surveil- Saddam was consequential: for the next five tration’s many critics come true, the Arab lance applications’’; chemical-analysis years, until Iran finally capitulated, the street, inflamed by Yankee imperialism, will equipment for the Iraq Atomic Energy Com- United States backed Saddam’s armies with rise up and replace the shaky but friendly mission (IAEC), and, most unsettling, nu- military intelligence, economic aid and cov- autocrats in the region with Islamic fanat- merous shipments of ‘‘bacteria/fungi/pro- ert supplies of munitions. ics. tozoa’’ to the IAEC. According to former of- Rumsfeld is not the first American dip- While the Middle East is unlikely to be- ficials, the bacterial cultures could be used lomat to wish for the demise of a former come a democratic nirvana, the worst-case to make biological weapons, including an- ally. After all, before the cold war, the So- scenarios, always a staple of the press, are thrax. The State Department also approved viet Union was America’s partner against probably also wrong or exaggerated. Assum- the shipment of 1.5 million atropine Hitler in World War II. In the real world, as ing that a cornered and doomed Saddam does injectors, for use against the effects of chem- the saying goes, nations have no permanent not kill thousands of Americans in some ical weapons, but the Pentagon blocked the friends, just permanent interests. Nonethe- kind of horrific Gotterdammerung—a scary sale. The helicopters, some American offi- less, Rumsfeld’s long-ago interlude with Sad- possibility, one that deeply worries adminis- cials later surmised, were used to spray poi- dam is a reminder that today’s friend can be tration officials—the greatest risk of his fall son gas on the Kurds. tomorrow’s mortal threat. As President is that one strongman may simply be re- The United States almost certainly knew George W. Bush and his war cabinet ponder placed by another. Saddam’s successor may from its own satellite imagery that Saddam Saddam’s successor’s regime, they would do not be a paranoid sadist. But there is no as- was using chemical weapons against Iranian well to contemplate how and why the last surance that he will be America’s friend or troops. When Saddam bombed Kurdish rebels three presidents allowed the Butcher of forswear the development of weapons of mass and civilians with a lethal cocktail of mus- Baghdad to stay in power so long. destruction. tard gas, sarin, tabun and VX in 1988, the

VerDate Sep 04 2002 04:13 Sep 21, 2002 Jkt 099060 PO 00000 Frm 00031 Fmt 4637 Sfmt 0634 E:\CR\FM\G20SE6.044 S20PT1 S8988 CONGRESSIONAL RECORD — SENATE September 20, 2002 Reagan administration first blamed Iran, be- samples that included the plague, botu- Services Committee hearing on Sep- fore acknowledging, under pressure from lism, and anthrax, among other deadly tember 19; the article from the Wash- congressional Democrats, that the culprits diseases. ington Post of yesterday, titled ‘‘U.S. were Saddam’s own forces. There was only According to the letter from Dr. Drops Bid to Strengthen Germ Warfare token official protest at the time. Saddam’s men were unfazed. An Iraqi audiotape, later Satcher to former Senator Donald Rie- Accord’’; the Newsweek article, which I captured by the Kurds, records Saddam’s gle, many of the materials were hand have alluded to already; a letter dated cousin Ali Hassan al-Majid (known as Ali carried by an Iraqi scientist to Iraq January 6, 1994, requesting information Chemical) talking to his fellow officers after he had spent 3 months training in from the Centers for Disease Control about gassing the Kurds. ‘‘Who is going to the CDC laboratory. and a response to the Honorable Don- say anything?’’ he asks. ‘‘The international The Armed Services Committee is re- ald W. Riegle, Jr., U.S. Senator, dated community? F——k them!’’ questing information from the Depart- June 21, 1995, from David Satcher, The United States was much more con- ments of Commerce, State, and De- M.D., Ph.D., Director; a U.S. Senate cerned with protecting Iraqi oil from attacks by Iran as it was shipped through the Per- fense on the history of the United Hearing Report 103–900, dealing with sian Gulf. In 1987, an Iraqi Exocet missile hit States, providing the building blocks U.S. exports of biological materials to an American destroyer, the USS Stark, in for weapons of mass destruction to Iraq to the Senate Committee on Bank- the Persian Gulf, killing 37 crewmen. Incred- Iraq. I recommend that the Depart- ing, Housing, and Urban Affairs which ibly, the United States excused Iraq for mak- ment of Health and Human Services has oversight responsibility for the Ex- ing an unintentional mistake and instead also be included in that request. port Administration Act, and keeping used the incident to accuse Iran of escalating The American people do not need ob- in mind that the U.S. Department of the war in the gulf. The American tilt to fuscation and denial. The American Commerce approves licenses by that Iraq became more pronounced. U.S. com- mandos began blowing up Iranian oil plat- people need the truth. The American Department for exports; including also forms and attacking Iranian patrol boats. In people need to know whether the the U.S. Senate hearing report in that 1988, an American warship in the gulf acci- United States is in large part respon- matter. Included in the approved sales dentally shot down an Iranian Airbus, kill- sible for the very Iraqi weapons of mass are such items as Bacillus Anthracis, ing 290 civilians. Within a few weeks, Iran, destruction which the administration anthrax, Clostridium Botulinum, exhausted and fearing American interven- now seeks to destroy. Histoplasma Capsulatum, which causes tion, gave up its war with Iraq. We may very well have created the a disease superficially resembling tu- Saddam was feeling cocky. With the sup- port of the West, he had defeated the Islamic monster that we seek to eliminate. The berculosis that may cause pneumonia; revolutionaries in Iran. America favored him Senate deserves to know the whole Brucella Melitensis, a bacteria which as a regional pillar; European and American story. The American people deserve an- can cause chronic fatigue, and so on; corporations were vying for contracts with swers to the whole story. Clostridium Perfringens, which causes Iraq. He was visited by congressional delega- Also yesterday, in the same 6 min- gas gangrene. I believe that completes tions led by Sens. Bob Dole of Kansas and utes that I was given in which to ask the list. Alan Simpson of Wyoming, who were eager questions—which was extended by vir- There being no objection, the mate- to promote American farm and business in- tue of the kindness of the distinguished rial was ordered to be printed in the terests. But Saddam’s megalomania was on RECORD, as follows: the rise, and he overplayed his hand. In 1990, Senator from Georgia, Mr. MAX a U.S. Customs sting operation snared sev- CLELAND, and other members of the BYRD-RUMSFELD TRANSCRIPT—PARTIAL eral Iraqi agents who were trying to buy committee, so it was perhaps 9 or 10 TRANSCRIPT FROM SENATE ARMED SERVICES electronic equipment used to make triggers minutes—there was another inter- COMMITTEE, SEPTEMBER 19, 2002 for nuclear bombs. Not long after, Saddam esting question that I asked. Let me LEVIN. Senator Byrd? gained the world’s attention by threatening read a portion of that transcript from BYRD. Thank you, Mr. Chairman, for hold- ‘‘to burn Israel to the ground.’’ At the Pen- the Armed Services Committee: ing these hearings. tagon, analysts began to warn that Saddam Mr. Secretary, to your knowledge, did the was a growing menace, especially after he Thank you, Mr. Chairman, for holding United States help Iraq to acquire the build- tried to buy some American-made high-tech these hearings. Mr. Secretary, to your ing blocks of biological weapons during the furnaces useful for making nuclear-bomb knowledge, did the United States help Iraq Iran-Iraq War? Are we, in fact, now facing parts. Yet other officials in Congress and in to acquire the building blocks of biological the possibility of reaping what we have the Bush administration continued to see weapons during the Iran-Iraq War? Are we, sown? him as a useful, if distasteful, regional in fact, now facing the possibility of reaping RUMSFELD. Certainly not to my knowledge. strongman. The State Department was what we have sown? I have no knowledge of United States compa- equivocating with Saddam right up to the Rumsfeld: Certainly not to my knowledge. nies or government being involved in assist- moment he invaded Kuwait in August 1990. I have no knowledge of United States compa- ing Iraq develop chemical, biological or nu- nies or government being involved in assist- clear weapons. Mr. President, I referred to this ing Iraq develop chemical, biological or nu- BYRD. Mr. Secretary, let me read to you Newsweek article yesterday at a hear- clear weapons. from the September 23, 2002, Newsweek ing of the Senate Armed Services Com- There is another excerpt from that story. I read this, I read excerpts, because mittee. Specifically, during the hear- question and answer period in which my time is limited. ing, I asked Secretary Rumsfeld: ‘‘Some Reagan officials even saw Saddam Secretary Rumsfeld and I engaged: as another Anwar Sadat, capable of making Mr. Secretary, to your knowledge, did the Byrd: Now, the Washington Post reported Iraq into a modern secular state, just as United States help Iraq to acquire the build- this morning [yesterday] that the United Sadat had tried to lift up Egypt before his ing blocks of biological weapons during the States is stepping away from efforts to assassination in 1981. But Saddam had to be Iran-Iraq war? Are we in fact now facing the strengthen the Biological Weapons Conven- rescued first. The war against Iran was going possibility of reaping what we have sewn? tion. Are we not sending exactly the wrong badly by 1982.’’ The Secretary quickly and flatly de- signal to the world, at exactly the wrong BYRD. ‘‘Iran’s human-wave attacks threat- nied any knowledge but said he would time? ened to overrun Saddam’s armies. Wash- review Pentagon records. Doesn’t this damage our credibility in the ington decided to give Iraq a helping hand. I suggest that the administration international community at the very time After Rumsfeld’s visit to Baghdad in 1982, speed up that review. My concerns and that we are seeking their support to neu- U.S. intelligence began supplying the Iraqi the concerns of others have grown. tralize the threat of Iraq’s biological weap- dictator with satellite photos showing Ira- ons program? If we supplied, as the News- nian deployments. A letter from the Centers For Disease week article said, if we supplied the building ‘‘Official documents suggest that America Control and Prevention, which I shall blocks for germ and chemical warfare to this may also have secretly arranged for tanks submit for the RECORD, shows very madman in the first place, this psychopath, and other military hardware to be shipped to clearly that the United States is, in how do we look to the world to be backing Iraq in a swap deal: American tanks to fact, preparing to reap what it has away from this effort to control it at this Egypt, Egyptian tanks to Iraq. sewn. A letter written in 1995 by former point? ‘‘Over the protest of some Pentagon skep- CDC Director David Satcher to former That question speaks for itself. I ask tics, the Reagan administration began allow- ing the Iraqis to buy a wide variety of, Senator Donald W. Riegle, Jr., points unanimous consent that the following quote, ‘dual-use,’ close quote, equipment and out that the U.S. Government provided material be printed in the RECORD at materials from American suppliers. nearly two dozen viral and bacterial the close of my remarks: The partial ‘‘According to confidential Commerce De- samples to Iraqi scientists in 1985— transcript from the Senate Armed partment export control documents obtained

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by Newsweek, the shopping list included a I think—I doubt both. LEVIN. We’re going to have to leave it computerized database for Saddam’s Interior BYRD. Are you surprised that this is what there, because you’re way over. Ministry, presumably to help keep track of I’ve said? Are you surprised at this story in BYRD. This is a very important question. political opponents, helicopters to help Newsweek? LEVIN. It is indeed, and you’re over time, I transport Iraqi officials, television cameras RUMSFELD. I guess I’m at an age and cir- agree with you on the importance, but for video surveillance applications, chemical cumstance in life where I’m no longer sur- you’re way over time, sir. analysis equipment for the Iraq Atomic En- prised about what I hear in the newspapers. BYRD. I know I’m over time, but are we ergy Commission, IAEC, and, most unset- BYRD. That’s not the question, I’m of that going to leave this in question out there dan- tling, numerous shipments of the bacteria, age, too. Somewhat older than you, but how gling? fungi, protozoa to the IAEC. about that story I’ve read? LEVIN. One last question. ‘‘According to former officials the bac- RUMSFELD. I see stories all the time that BYRD. I ask unanimous consent that I may terial cultures could be used to make bio- are flat wrong. I just don’t know. All I can have an additional five minutes. say . . . logical weapons, including anthrax. The LEVIN. No, I’m afraid you can’t do that. If BYRD. How about this story? This story? State Department also approved the ship- you could just do one last—well, wait a How about this story, specifically? minute, ask unanimous consent, I can’t stop ment of 1.5 million atropine injectors for use RUMSFELD. As I say, I have not read it, I you from doing that. against the effects of chemical weapons but listened carefully to what you said and I (UNKNOWN). I object. the Pentagon blocked the sale. doubt it. (LAUGHTER) ‘‘The helicopters, some American officials BYRD. All right. later surmised, were used to spray poison gas Now the Washington Post reported this BYRD. Mr. Chairman? on the Kurds. The United States almost cer- morning that the United States is stepping LEVIN. Just one last question. Would that tainly knew from its own satellite imagery away from efforts to strengthen the Biologi- be all right so you could wind that up? that Saddam was using chemical weapons cal Weapons Convention. Are we not sending Senator Byrd, if you could just take one against Iranian troops. exactly the wrong signal to the world, at ex- additional question. ‘‘When Saddam bombed Kurdish rebels and actly the wrong time? BYRD. I’ve never—I’ve been in this Con- civilians with a lethal cocktail of mustard BYRD. Doesn’t this damage our credibility gress 50 years. I’ve never objected to another gas, sarin, tabun and VX in 1988, the Reagan in the international community at the very senator having a few additional minutes. administration first blamed Iran before ac- time that we are seeking their support to Now Mr. Chairman, I think that the sec- knowledging, under pressure from congres- neutralize the threat of Iraq’s biological retary should have a copy of this report, this sional Democrats, that the culprit were weapons program? If we supplied, as the story that—from Newsweek that I’ve been Saddam’s own forces. There was only token Newsweek article said, if we supplied the querying him about. I think he has a right to official protest at the time. Saddam’s men building blocks for germ and chemical war- look at that. were unfazed. fare to this madman in the first place, this LEVIN. Could somebody take that out to ‘‘An Iraqi audiotape later captured by the psychopath, how do we look to the world to the secretary? Kurds records Saddam’s cousin, Ali Hassan be backing away from this effort to control BYRD. Now, while that’s being given to the al-Majid, known as Ali Chemical, talking to it at this point? secretary, Mr. Secretary, I think we’re put his fellow officers about gassing the Kurds. RUMSFELD. Senator, I think it would be a into an extremely bad position before the Quote, ‘Who is going to say anything?’ close shame to leave this committee and the peo- world today if we’re going to walk away quote, he asks, ‘the international commu- ple listening with the impression that the from an international effort to strengthen nity? F-blank them!’ exclamation point, United States assisted Iraq with chemical or the Biological Weapons Convention against close quote.’’ biological weapons in the 1980s. I just do not germ warfare, advising its allies that the Now can this possibly be true? We already believe that’s the case. U.S. wants to delay further discussions until knew that Saddam was dangerous man at BYRD. Well, are you saying that the News- 2006. Especially in the light of the Newsweek the time. I realize that you were not in pub- week article is inaccurate? story; I think we bear some responsibility. lic office at the time, but you were dis- RUMSFELD. I’m saying precisely what I INHOFE. Mr. Chairman I ask for a point of patched to Iraq by President Reagan to talk said, that I didn’t read the Newsweek article, order. about the need to improve relations between but that I doubt it’s accurate. LEVIN. Can we just have this be the last Iraq and the U.S. BYRD. I’ll be glad to send you up a copy. question, if you would just go along with us RUMSFELD. But that I was not in govern- Let me ask you again: To your knowledge please, Senator Inhofe? ment at that time, except as a special envoy did the United States help Iraq to acquire INHOFE. I’ll only say though, in all respect for a period of months. So one ought not to the building blocks of biological weapons to the Senator from West Virginia, we have rely on me as the best source as to what hap- during the Iran-Iraq war? Are we, in fact, a number of senators here. We have a limited pened in that mid-’80s period that you were now facing the possibility of reaping what we time of six minutes each, and we’re entitled describing. have sown? to have our six minutes. That should be a I will say one other thing. On two occa- short questions if it’s the last question. The Washington Post reported this morn- sions I believe when you read that article, ing that the United States is stepping away LEVIN. If we could just make that the last you mentioned the IAEC, which as I recall is question and answer, I would appreciate it. from efforts to strengthen the Biological the International Atomic Energy Commis- Weapons Convention. I’ll have a question on The chair would appreciate the cooperation sion, and mentioned that if some of the of all senators. that later. things that you were talking about were pro- Let me ask you again: Did the United Secretary Rumsfeld, could you answer that vided to them, which I found quite confusing question please? States help Iraq to acquire the building to be honest. RUMSFELD. I’ll do my best. blocks of biological weapons during the Iran- With respect to the Biological Weapons Senator, I just in glancing at this, and I Iraq War? Are we, in fact, now facing the Convention, I was not aware that the United hesitate to do this because I have not read it possibility of reaping what we have sown? States government had taken a position with carefully. RUMSFELD. I have not read the article. As respect to it. It’s not surprising because it’s But it says here that, ‘‘According to con- you suggest, I was, for a period in late ’83 a matter for the Department of State, not fidential Commerce Department export con- and early ’84, asked by President Reagan to the Department of Defense. serve as Middle East envoy after the Ma- If in fact they have indicated, as The trol documents obtained by Newsweek, the rines—241 Marines were killed in Beirut. Washington Post reports, that they are not shopping list included.’’ It did not say that As part of my responsibilities I did visit going to move forward with a—I believe it’s there were deliveries of these things. It said Baghdad. I did meet with Mr. Tariq Aziz. an enforcement regime, it’s not my place to that Iran—Iraq asked for these things. It And I did meet with Saddam Hussein and discuss the administration’s position when I talks about a shopping list. spent some time visiting with them about don’t know what it is. Second, in listing these things, it says that the war they were engaged in with Iran. But I can tell you, from a personal stand- they wanted television cameras for video At the time our concern, of course, was point, my recollection is that the biological surveillance applications, chemical analysis Syria and Syria’s role in Lebanon and Leb- convention never, never was anticipated that equipment for the Iraq Atomic Energy Com- anon’s role in the Middle East and the ter- there would even be thought of to have an mission, the IAEC—and that may very well rorist acts that were taking place. enforcement regime. And that an enforce- be the Iraqi Atomic Energy Commission, As a private citizen I was assisting only for ment regime on something like that, where which would be—mean that my earlier com- a period of months. I have never heard any- there are a lot of countries involved who are ment would not be correct, because I thing like what you’ve read, I have no on the terrorist list who were participants in thought it was the International Atomic En- knowledge of it whatsoever, and I doubt it. that convention, that the United States has, ergy Commission. But this seems to indicate BYRD. You doubt what? over a period of administrations, believed it’s the Iraq Commerce Commission. RUMSFELD. The questions you posed as to that it would not be a good idea, because the BYRD. Mr. Chairman, may I say to my whether the United States of America as- United States would be a net loser from an friend from Oklahoma, I’m amazed that he sisted Iraq with the elements that you listed enforcement regime. himself wouldn’t yield me time for this im- in your reading of Newsweek and that we But that is not the administration’s posi- portant question. I would do the same for could conceivably now be reaping what we’ve tion. I just don’t know what the administra- him. sown. tion’s position is. Mr. Chairman, I would like to ask . . .

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(CLELAND). I yield my five minutes, Sen- tiators’ mandate, saying that while the trea- tivities, develop export controls for dan- ator. ty needed strengthening, the enforcement gerous pathogens, establish codes of conduct BYRD. I thank the distinguished Senator. protocol under discussion would not deter for scientists and install strict biosafety pro- Mr. Chairman, I would like to ask the sec- enemy nations from acquiring or developing cedures. The administration has proposed retary—and I don’t just like to ask him—I biological weapons if they were determined that governments resolve disputes over bio- asked him to review Pentagon records to see to do so. Negotiators suspended the discus- warfare violations among themselves, per- if the Newsweek article is true or not. Will sions, saying they would meet again in No- haps through voluntary inspections or by re- the secretary do that? vember when U.S. officials said they would ferral to the United Nations secretary gen- RUMSFELD. It appears that they’re Depart- return with creative solutions to address the eral. ment of Commerce records, as opposed to impasse. Such an approach is ‘‘at best ineffectual,’’ Pentagon. But I can certainly ask that the Instead, U.S. envoys are now telling allies said the specialists gathered by the Stimson Department of Commerce and, to the extent that the administration’s position is so dif- Center. At worst, they concluded, the ap- that it’s relevant, the Department of State, ferent from the views of the leading sup- proach could damage U.S. interests because look into it and see if we can’t determine the porters of the enforcement protocol that a it would not be structured to deliver ‘‘mean- accuracy or inaccuracy of some aspects of meeting would dissolve into public squab- ingful monitoring.’’ ‘‘If a challenge inspection system is not this. Yes, sir. bling and should be avoided, administration geared to pursue violators aggressively, then LEVIN. And we go one step further than officials said. Better, they said, to halt dis- it does not serve U.S. security interests,’’ the that. I think the request is that the Defense cussions altogether. 65-page report states. The participants Department search its records. Will you do ‘‘It’s based on an incorrect approach. Our strongly favored establishing mandatory that? concern is that it would be fundamentally standards backed by penalties and ‘‘robust’’ RUMSFELD. We’ll be happy to search ours, ineffective,’’ a State Department official inspections, which goes significantly further but this refers to the Commerce Department. said. Another administration official said the ‘‘best and least contentious’’ approach than the proposed protocol backed by the EU LEVIN. We will ask the State Department and other nations. and the Commerce Department to do the would be to hold a very brief meeting in No- vember—or even no meeting at all—and talk The State Department Web site has not same thing. yet been changed to reflect the change in RUMSFELD. We’d be happy to. again when the next review is scheduled four years from now. policy. It says, ‘‘The United States is com- LEVIN. And we will also ask the Intel- mitted to strengthening the BWC as part of ligence Committee to stage a briefing for all Amy Smithson, a biological and chemical weapons specialist, said the administration a comprehensive and multidisciplinary strat- of us on that issue, so that Senator Byrd’s egy for combating the proliferation of weap- question. . . is making a mistake by halting collaborative work to strengthen the convention. ‘‘It ons of mass destruction and international BYRD. Mr. Chairman, I thank the chair- terrorism.... We would like to share these man. sounds to me as though they’ve thrown the baby out with the bath water,’’ said ideas with our international partners.’’ LEVIN. Thank you very much, Senator. Smithson, an analyst at the Henry L. BYRD. I thank the secretary. PARTIAL TRANSCRIPT FROM SENATE ARMED Stimson Center. ‘‘The contradiction between RUMSFELD. Thank you. SERVICES COMMITTEE, SEPTEMBER 19, 2002 the rhetoric and what the administration is LEVIN. Senator Byrd, we will ask Senator LEVIN. Senator Byrd? Graham and Senator Shelby to hold a brief- actually doing—the gulf is huge. Not a day goes by when they don’t mention the Iraq BYRD. Thank you, Mr. Chairman, for hold- ing on that subject, because it is a very im- ing these hearings. portant subject. threat.’’ The Stimson Center is releasing a report Mr. Secretary, to your knowledge, did the BYRD. I thank the chairman. today that criticizes the U.S. approach to United States help Iraq to acquire the build- ing blocks of biological weapons during the the convention. Drawn from a review by 10 [From the Washington Post, Sept. 19, 2002] Iran-Iraq War? Are we, in fact, now facing pharmaceutical companies and bio- the possibility of reaping what we have U.S. DROPS BID TO STRENGTHEN GERM technology experts, the document argues sown? WARFARE ACCORD that bioweapons inspections can be effective RUMSFELD. Certainly not to my knowledge. (By Peter Slevin) with the right amount of time and the right I have no knowledge of United States compa- The Bush administration has abandoned an science and urges the administration to de- nies or government being involved in assist- international effort to strengthen the Bio- velop stronger measures. ing Iraq develop chemical, biological or nu- ‘‘To argue that this wouldn’t be a useful logical Weapons Convention against germ clear weapons. remedy would just be a mistake. I think it’s warfare, advising its allies that the United BYRD. Mr. Secretary, let me read to you States wants to delay further discussions because they’re looking through the wrong from the September 23, 2002, Newsweek until 2006. A review conference on new end of the telescope,’’ said Matthew story. I read this, I read excerpts, because verification measures for the treaty has been Meselson, a Harvard biologist who helped my time is limited. scheduled for November. draft a treaty to criminalize biological weap- ‘‘Some Reagan officials even saw Saddam Less than a year after a State Department ons violations. ‘‘We’re denying ourselves use- as another Anwar Sadat, capable of making envoy abruptly pulled out of biowarfare ne- ful tools.’’ Iraq into a modern secular state, just as The administration has focused publicly on gotiations in Geneva, promising that the Sadat had tried to lift up Egypt before his a half-dozen countries identified by the United States would return with new pro- assassination in 1981. But Saddam had to be State Department as pursuing germ warfare posals, the administration has concluded rescued first. The war against Iran was going programs. Undersecretary of State John R. that treaty revisions favored by the Euro- badly by 1982.’’ Bolton said the existence of Iraq’s bio- ‘‘Iran’s human-wave attacks threatened to pean Union and scores of other countries will weapons project is ‘‘beyond dispute.’’ The not work and should not be salvaged, admin- overrun Saddam’s armies. Washington de- U.S. government also believes Iran, North cided to give Iraq a helping hand. After istration officials said yesterday. Korea, Sudan, Libya and Syria are devel- Rumsfeld’s visit to Baghdad in 1983, U.S. in- The decision, which has been conveyed to oping such weapons, he said. telligence began supplying the Iraqi dictator allies in recent weeks, has been greeted with Meselson concurred with the administra- with satellite photos showing Iranian de- warnings that the move will weaken at- tion’s position that a limited enforcement ployments. tempts to curb germ warfare programs at a provision for the bioweapons treaty could ‘‘Official documents suggest that America time when biological weapons are a focus of not provide confidence that countries are may also have secretly arranged for tanks concern because of the war on terrorism and staying clean. But he said that a pact estab- and other military hardware to be shipped to the administration’s threats to launch a lishing standards and verification measures Iraq in a swap deal: American tanks to military campaign against Iraq. It also would deter some countries while also help- Egypt, Egyptian tanks to Iraq. comes as the administration, which has an- ing to build norms of international behavior. ‘‘Over the protest of some Pentagon skep- gered allies by rejecting a series of multilat- Bolton, on the other hand, told delegates tics, the Reagan administration began allow- eral agreements, is appealing to the inter- to last year’s review conference that ‘‘the ing the Iraqis to buy a wide variety of, national community to work with it in forg- time for ‘better-than-nothing’ protocols is quote, ‘dual-use,’ close quote, equipment and ing a new U.N. Security Council resolution over. We will continue to reject flawed texts materials from American suppliers. on Iraq’s programs to develop weapons of like the BWC draft protocol, recommended ‘‘According to confidential Commerce De- mass destruction. to us simply because they are the product of partment export control documents obtained The 1972 Biological Weapons Convention, lengthy negotiations or arbitrary deadlines, by Newsweek, the shopping list include a which has been ratified by the United States if such texts are not in the best interests of computerized database for Saddam’s Interior and 143 other countries, bans the develop- the United States.’’ Ministry, presumably to help keep track of ment, stockpiling and production of germ With only hours to go at the meeting, political opponents, helicopters to help warfare agents, but has no enforcement Bolton stopped U.S. participation in the transport Iraqi officials, television cameras mechanism. Negotiations on legally binding final negotiations. He said of the resulting for video surveillance applications, chemical measures to enforce compliance have been one-year delay, ‘‘This gives us time to think analysis equipment for the Iraq Atomic En- underway in Geneva for seven years. creatively on alternatives.’’ ergy Commission, IAEC, and, most unset- The administration stunned its allies last In Bolton’s view, each country should de- tling, numerous shipments of the bacteria, December by proposing to end the nego- velop criminal laws against germ warfare ac- fungi, protozoa to the IAEC.

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‘‘According to former officials the bac- RUMSFELD. I see stories all the time that LEVIN. One last question. terial cultures could be used to make bio- are flat wrong. I just don’t know. All I can BYRD. I ask unanimous consent that I may logical weapons, including anthrax. The say . . . have an additional five minutes. State Department also approved the ship- BYRD. How about this story? This story? LEVIN. No, I’m afraid you can’t do that. If ment of 1.5 million atropine injectors for use How about this story, specifically? you could just do one last—well, wait a against the effects of chemical weapons but RUMSFELD. As I say, I have not read it, I minute, ask unanimous consent, I can’t stop the Pentagon blocked the sale. listened carefully to what you said and I you from doing that. ‘‘The helicopters, some American officials doubt it. (UNKNOWN). I object. later surmised, were used to spray poison gas BYRD. All right. (Laughter) on the Kurds. The United States almost cer- Now the Washington Post reported this BYRD. Mr. Chairman? tainly knew from its own satellite imagery morning that the United States is stepping LEVIN. Just one last question. Would that that Saddam was using chemical weapons away from efforts to strengthen the Biologi- be all right so you could wind it up? against Iranian troops. cal Weapons Convention. Are we not sending Senator Byrd, if you could just take one ‘‘When Saddam bombed Kurdish rebels and exactly the wrong signal to the world, at ex- additional question. civilians with a lethal cocktail of mustard actly the wrong time? BYRD. I’ve never—I’ve been in this Con- gas, sarin, tabun and VX in 1988, the Reagan BYRD. Doesn’t this damage our credibility gress 50 years. I’ve never objected to another administration first blamed Iran before ac- in the international community at the very senator having a few additional minutes. knowledging, under pressure from congres- time that we are seeking their support to Now Mr. Chairman, I think that the sec- sional Democrats, that the culprit were neutralize the threat of Iraq’s biological retary should have a copy of this report, this Saddam’s own forces. There was only token weapons program? If we supplied, as the story that—from Newsweek that I’ve been official protest at the time. Saddam’s men Newsweek article said, if we supplied the querying him about. I think he has a right to were unfazed. building blocks for germ and chemical war- look at that. ‘‘An Iraqi audiotape later captured by the fare to this madman in the first place, this LEVIN. Could somebody take that out to Kurds records Saddam’s cousin, Ali Hassan psychopath, how do we look to the world to the secretary? al-Majid, known as Ali Chemical, talking to be backing away from this effort to control BYRD. Now, while that’s being given to the his fellow officers about gassing the Kurds. it at this point? secretary, Mr. Secretary, I think we’re put RUMSFELD. Senator, I think it would be a Quote, ‘Who is going to say anything?’ close into an extremely bad position before the shame to leave this committee and the peo- quote, he asks, ‘the international commu- world today if we’re going to walk away ple listening with the impression that the nity? F-blank them!’ exclamation point, from an international effort to strengthen United States assisted Iraq with chemical or close quote.’’ the Biological Weapons Convention against Now can this possibly be true? We already biological weapons in the 1980s. I just do not germ warfare, advising its allies that the knew that Saddam was dangerous man at believe that’s the case. U.S. wants to delay further discussions until BYRD. Well, are you saying that the News- the time. I realize that you were not in pub- 2006., Especially in the light of the Newsweek week article is inaccurate? lic office at the time, but you were dis- story; I think we bear some responsibility. RUMSFELD. I’m saying precisely what I patched to Iraq by President Reagan to talk INHOFE. Mr. Chairman I ask for a point of said, that I didn’t read the Newsweek article, order. about the need to improve relations between but that I doubt its accurate. Iraq and the U.S. LEVIN. Can we just have this be the last BYRD. I’ll be glad to send you up a copy. question, if you would just go along with us Let me ask you again: To your knowledge RUMSFELD. But that I was not in govern- please, Senator Inhofe? did the United States help Iraq to acquire ment at that time, except as a special envoy INHOFE. I’ll only say though, in all respect the building blocks of biological weapons for a period of months. So one ought not to to the senator from West Virginia, we have a during the Iran-Iraq war? Are we, in fact, rely on me as the best source as to what hap- number of senators here. We have a limited now facing the possibility of reaping what we pened in that mid-’80s period that you were time of six minutes each, and we’re entitled have sown? describing. The Washington Post reported this morn- I will say one other thing. On two occa- to have our six minutes. That should be a ing that the United is stepping away from ef- sions I believe when you read that article, short question if it’s the last question. LEVIN. If we could just make that the last forts to strengthen the Biological Weapons you mentioned the IAEC, which as I recall is question and answer, I would appreciate it. Convention. I’ll have a question on that the International Atomic Energy Commis- The chair would appreciate the cooperation later. sion, and mentioned that if some of the of all senators. Let me ask you again: Did the United things that you were talking about were pro- RUMSFELD. I’ll do my best. States help Iraq to acquire the building vided to them, which I found quite confusing Senator, I just in glancing at this, and I blocks of biological weapons during the Iran- to be honest. Iraq War? Are we, in fact, now facing the With respect to the Biological Weapons hesitate to do this because I have not read it possibility of reaping what we have sown? Convention, I was not aware that the United carefully. But it says here that, ‘‘According to con- RUMSFELD. I have not read the article. As States government had taken a position with fidential Commerce Department export con- you suggest, I was, for a period in late ‘83 respect to it. It’s not surprising because it’s trol documents obtained by Newsweek, the and early ‘84, asked by President Reagan to a matter for the Department of State, not shopping list included.’’ It did not say that serve as Middle East envoy after the Ma- the Department of Defense. rines—241 Marines were killed in Beirut. If in fact they have indicated, as The there were deliveries of these things. It said As part of my responsibilities I did visit Washington Post reports, that they are not that Iran—Iraq asked for these things. It Baghdad. I did meet with Mr. Tariq Aziz. going to move forward with a—I believe it’s talks about a shopping list. And I did meet with Saddam Hussein and an enforcement regime, it’s not my place to Second, in listing these things, it says that spent some time visiting with them about discuss the administration’s position when I they wanted television cameras for video the war they were engaged in with Iran. don’t know what it is. surveillance applications, chemical analysis At the time our concern, of course, was But I can tell you, from a personal stand- equipment for the Iraq Atomic Energy Com- Syria and Syria’s role in Lebanon and Leb- point, my recollection is that the biological mission, the IAEC—and that may very well anon’s role in the Middle East and the ter- convention never, never was anticipated that be the Iraqi Atomic Energy Commission, rorist acts that were taking place. there would even be thought of to have an which would be—mean that my earlier com- As a private citizen I was assisting only for enforcement regime. And that an enforce- ment would not be correct, because I a period of months. I have never heard any- ment regime on something like that, where thought it was the International Atomic En- thing like what you’ve read, I have no there are a lot of countries involved who are ergy Commission. But this seems to indicate knowledge of it whatsoever, and I doubt it. on the terrorist list who were participants in it’s the Iraq Commerce Commission. BYRD. You doubt what? that convention, that the United States has, BYRD. Mr. Chairman, may I say to my RUMSFELD. The questions you posed as to over a period of administrations, believed friend from Oklahoma, I’m amazed that he whether the United States of America as- that it would not be a good idea, because the himself wouldn’t yield me time for this im- sisted Iraq with the elements that you listed United States would be a net loser from an portant question. I would do the same for in your reading of Newsweek and that we enforcement regime. him. could conceivably now be reaping what we’ve But that is not the administration’s posi- Mr. Chairman, I would like to ask . . . sown. tion. I just don’t know what the administra- (CLELAND). I yield my five minutes, Sen- I think—I doubt both. tion’s position is. ator. BYRD. Are you surprised that this is what LEVIN. We’re going to have to leave it BYRD. I thank the distinguished senator. I’ve said? Are you surprised at this story in there, because you’re way over. Mr. Chairman, I would like to ask the sec- Newsweek? BYRD. This is a very important question. retary—and I don’t just like to ask him—I RUMSFELD. I guess I’m at an age and cir- LEVIN. It is indeed, and you’re over time. I ask him to review Pentagon records to see if cumstance in life where I’m no longer sur- agree with you on the importance, but the Newsweek article is true or not. Will the prised about what I hear in the newspapers. you’re way over time, sir. secretary do that? BYRD. That’s not the question. I’m of that BYRD. I know I’m over time, but are we RUMSFELD. It appears that they’re Depart- age, too. Somewhat older than you, but how going to leave this in question out there dan- ment of Commerce records, as opposed to about that story I’ve read? gling? Pentagon. But I can certainly ask that the

VerDate Sep 04 2002 04:57 Sep 21, 2002 Jkt 099060 PO 00000 Frm 00035 Fmt 4637 Sfmt 0634 E:\CR\FM\A20SE6.039 S20PT1 S8992 CONGRESSIONAL RECORD — SENATE September 20, 2002 Department of Commerce and, to the extent three presidents allowed the Butcher of But Saddam had to be rescued first. The that it’s relevant, the Department of State, Baghdad to stay in power so long. war against Iran was going badly by 1982. look into it and see if we can’t determine the The history of America’s relations with Iran’s ‘‘human wave attacks’’ threatened to accuracy or inaccuracy of some aspects of Saddam is one of the sorrier tales in Amer- overrun Saddam’s armies. Washington de- this. Yes, sir. ican foreign policy. Time and again, America cided to give Iraq a helping hand. After LEVIN. And we go one step future than turned a blind eye to Saddam’s predations, Rumsfeld’s visit to Baghdad in 1983, U.S. in- that. I think the request is that the Defense saw him as the lesser evil or flinched at the telligence began supplying the Iraqi dictator Department search its records. Will you do chance to unseat him. No single policymaker with satellite photos showing Iranian de- that? or administration deserves blame for cre- ployments. Official documents suggest that RUMSFELD. We’ll be happy to search ours, ating, or at least tolerating, a monster; America may also have secretly arranged for but this refers to the Commerce Department. many of their decisions seemed reasonable at tanks and other military hardware to be LEVIN. We will ask the State Department the time. Even so, there are moments in this shipped to Iraq in a swap deal—American and the Commerce Department to do the clumsy dance with the Devil that make one tanks to Egypt, Egyptian tanks to Iraq. Over same thing. cringe. It is hard to believe that, during the protest of some Pentagon skeptics, the RUMSFELD. We’d be happy to. most of the 1980s, America knowingly per- Reagan administration began allowing the LEVIN. And we will also ask the Intel- mitted the Iraq Atomic Energy Commission Iraqis to buy a wide variety of ‘‘dual use’’ ligence Committee to stage a briefing for all to import bacterial cultures that might be equipment and materials from American of us on that issue, so that Senator Byrd’s used to build biological weapons. But it hap- suppliers. According to confidential Com- question . . . pened. merce Department export-control documents America’s past stumbles, while embar- BYRD. Mr. Chairman, I thank the chair- obtained by Newsweek, the shopping list in- man. rassing, are not an argument for inaction in cluded a computerized database for Saddam’s the future. Saddam probably is the ‘‘grave LEVIN. Thank you very much, Senator. Interior Ministry (presumably to help keep and gathering danger’’ described by Presi- BYRD. I thank the secretary. track of political opponents); helicopters to dent Bush in his speech to the United Na- RUMSFELD. Thank you. transport Iraqi officials; television cameras tions last week. It may also be true that LEVIN. Senator Byrd, we will ask Senator for ‘‘video surveillance applications’’; chem- ‘‘whoever replaces Saddam is not going to be Graham and Senator Shelby to hold a brief- ical-analysis equipment for the Iraq Atomic worse,’’ as a senior administration official ing on that subject, because it is a very im- Energy Commission (IAEC), and, most unset- put it to Newsweek. But the story of how portant subject. tling, numerous shipments of ‘‘bacteria/ America helped create a Frankenstein mon- BYRD. I thank the chairman. fungi/protozoa’’ to the IAEC. According to ster it now wishes to strangle is sobering. It former officials, the bacteria cultures could illustrates the power of wishful thinking, as [From Newsweek, Sept. 23, 2002] be used to make biological weapons, includ- well as the iron law of unintended con- ing anthrax. The State Department also ap- HOW SADDAM HAPPENED sequences. proved the shipment of 1.5 million atropine (By Christopher Dickey and Evan Thomas) TRANSFIXED BY SADDAM injectors, for use against the effects of chem- The last time Donald Rumsfeld saw Sad- America did not put Saddam in power. He ical weapons, but the Pentagon blocked the dam Hussein, he gave him a cordial hand- emerged after two decades of turmoil in the sale. The helicopters, some American offi- shake. The date was almost 20 years ago, ’60s and ’70s, as various strongmen tried to cials later surmised, were used to spray poi- Dec. 20, 1983; an official Iraqi television crew gain control of a nation that had been con- son gas on the Kurds. recorded the historic moment. cocted by British imperialists in the 1920s ‘‘WHO IS GOING TO SAY ANYTHING?’’ The once and future Defense secretary, at out of three distinct and rival factions, the The United States almost certainly knew the time a private citizen, had been sent by Sunnis, Shiites and the Kurds. But during from its own satellite imagery that Saddam President Ronald Reagan to Baghdad as a the cold war, America competed with the So- was using chemical weapons against Iranian special envoy. Saddam Hussein, armed with viets for Saddam’s attention and welcomed troops. When Saddam bombed Kurdish rebels a pistol on his hip, seemed ‘‘vigorous and his war with the religious fanatics of Iran. and civilians with a lethal cocktail of mus- confident,’’ according to a new declassified Having cozied up to Saddam, Wash- tard gas, sarin, tabun and VX in 1988, the State Department cable obtained by News- ington.... Reagan administration first blamed Iran, be- week. Rumsfeld ‘‘conveyed the President’s While the Middle East is unlikely to be- fore acknowledging, under pressure from greetings and expressed his pleasure at being come a democratic nirvana, the worst-case congressional Democrats, that the culprits in Baghdad,’’ wrote the notetaker. Then the scenarios, always a staple of the press, are were Saddam’s own forces. There was only two men got down to business, talking about probably also wrong or exaggerated. Assum- token official protest at the time. Saddam’s the need to improve relations between their ing that a cornered and doomed Saddam does men were unfazed. An Iraqi audiotape, later two countries. not kill thousands of Americans in some captured by the Kurds, records Saddam’s ¨ ¨ Like most foreign-policy insiders, Rums- kind of horrific Gotterdammerung—a scary cousin Ali Hassan al-Majid (known as Ali feld was aware that Saddam was a mur- possibility, one that deeply worries adminis- Chemical) talking to his fellow officers derous thug who supported terrorists and tration officials—the greatest risk of his fall about gassing the Kurds. ‘‘Who is going to was trying to build a nuclear weapon. (The is that one strongman may simply be re- say anything?’’ he asks. ‘‘The international placed by another. Saddam’s successor may Israelis had already bombed Iraq’s nuclear community? F—k them!’’ not be a paranoid sadist. But there is no as- reactor at Osirak.) But at the time, Amer- The United States was much more con- surance that he will be America’s friend or ica’s big worry was Iran, not Iraq. The cerned with protecting Iraqi oil from attacks forswear the development of weapons of mass Reagan administration feared that the Ira- by Iran as it was shipped through the Per- destruction. nian revolutionaries who had overthrown the sian Gulf. In 1987, an Iraqi Exocet missile hit shah (and taken hostage American diplomats A TASTE FOR NASTY WEAPONS an American destroyer, the USS Stark, in for 444 days in 1979–81) would overrun the American officials have known that Sad- the Persian Gulf, killing 37 crewmen. Incred- Middle East and its vital oilfields. On the dam was a psychopath ever since he became ibly, the United States excused Iraq for mak- theory that the enemy of my enemy is my the country’s de facto ruler in the early ing an unintentional mistake and instead friend, the Reaganites were seeking to sup- 1970s. One of Saddam’s early acts after he used the incident to accuse Iran of escalating port Iraq in a long and bloody war against took the title of president in 1979 was to vid- the war in the gulf. The American tilt to Iran. The meeting between Rumsfeld and eotape a session of his party’s congress, dur- Iraq became more pronounced. U.S. com- Saddam was consequential: for the next five ing which he personally ordered several mandos began blowing up Iranian oil plat- years, until Iran finally capitulated, the members executed on the spot. The message, forms and attacking Iranian patrol boats. In United States backed Saddam’s armies with carefully conveyed to the Arab press, was 1988, an American warship in the gulf acci- military intelligence, economic aid and cov- not that these men were executed for plot- dentally shot down an Iranian Airbus, kill- ert supplies of munitions. ting against Saddam, but rather for thinking ing 290 civilians. Within a few weeks, Iran, about plotting against him. From the begin- exhausted and fearing American interven- FORMER ALLIES ning, U.S. officials worried about Saddam’s tion, gave up its war with Iraq. Rumsfeld is not the first American dip- taste for nasty weaponry; indeed, at their Saddam was feeling cocky. With the sup- lomat to wish for the demise of a former meeting in 1983, Rumsfeld warned that port of the West, he had defeated the Islamic ally. After all, before the cold war, the So- Saddam’s use of chemical weapons might revolutionaries in Iran. America favored him viet Union was America’s partner against ‘‘inhibit’’ American assistance. But top offi- as a regional pillar; European and American Hitler in World War II. In the real world, as cials in the Reagan administration saw Sad- corporations were vying for contracts with the saying goes, nations have no permanent dam as a useful surrogate. By going to war Iraq. He was visited by congressional delega- friends, just permanent interests. Nonethe- with Iran, he could bleed the radical mullahs tions led by Sens. Bob Dole of Kansas and less, Rumsfeld’s long-ago interlude with Sad- who had seized control of Iran from the pro- Alan Simpson of Wyoming, who were eager dam is a reminder that today’s friend can be American shah. Some Reagan officials even to promote American farm and business in- tomorrow’s mortal threat. As President saw Saddam as another Anwar Sadat, capa- terests. But Saddam’s megalomania was on George W. Bush and his war cabinet ponder ble of making Iran into a modern secular the rise, and he overplayed his hand. In 1990, Saddam’s successor’s regime, they would do state, just as Sadat had tried to lift up Egypt a U.S. Customs sting operation snared sev- well to contemplate how and why the last before his assassination in 1981. eral Iraqi agents who were trying to buy

VerDate Sep 04 2002 04:57 Sep 21, 2002 Jkt 099060 PO 00000 Frm 00036 Fmt 4637 Sfmt 0634 E:\CR\FM\A20SE6.044 S20PT1 September 20, 2002 CONGRESSIONAL RECORD — SENATE S8993 electronic equipment used to make triggers mount covert actions aimed at toppling Sad- pouch. There are any number of grim end- for nuclear bombs. Not long after, Saddam dam in the 1990s, but by most accounts they game scenarios. Saddam could try black- gained the world’s attention by threatening were badly organized and halfhearted. In the mail, threatening to unleash smallpox or ‘‘to burn Israel to the ground.’’ At the Pen- north, CIA operatives supported a Kurdish some other grotesque virus in an American tagon, analysts began to warn that Saddam rebellion against Saddam in 1995. According city if U.S. forces invaded. Or, like a cor- was a growing menace, especially after he to the CIA’s man on the scene, former case nered dog, he could lash out in a final spasm tried to buy some American-made high-tech officer Robert Baer, Clinton administration of violence, raining chemical weapons down furnaces useful for making nuclear-bomb officials back in Washington ‘‘pulled the on U.S. troops, handing out his bioweapons parts. Yet other officials in Congress and in plug’’ on the operation just as it was gath- to terrorists. ‘‘That’s the single biggest the Bush administration continued to see ering momentum. The reasons have long re- worry in all this,’’ says a senior administra- him as a useful, if distasteful, regional mained murky, but according to Baer, Wash- tion official. ‘‘We are spending a lot of time strongman. The State Department was ington was never sure that Saddam’s suc- on this,’’ said another top official. equivocating with Saddam right up to the cessor would be an improvement, or that Some administration critics have said, in moment he invaded Kuwait in August 1990. Iraq wouldn’t simply collapse into chaos. effect, let sleeping dogs lie. Don’t provoke AMBIVALENT ABOUT SADDAM’S FATE ‘‘The question we could never answer,’’ Baer Saddam by threatening his life; there is no Some American diplomats suggest that told Newsweek, ‘‘was, ‘After Saddam goes, evidence that he has the capability to deliver Saddam might have gotten away with invad- then what?’’’ A coup attempt by Iraqi Army weapons of mass destruction. Countered ing Kuwait if he had not been quite so officers fizzled the next year. Saddam bru- White House national-security adviser greedy. ‘‘If he had pulled back to the Mutla tally rolled up the plotters. The CIA Condoleezza Rice, ‘‘Do we wait until he’s bet- Ridge [overlooking Kuwait City], he’d still operatives pulled out, rescuing everyone ter at it?’’ Several administration officials be there today,’’ one ex-ambassador told they could, and sending them to Guam. indicated that an intense effort is underway, Newsweek. And even though President Meanwhile, Saddam was playing cat-and- covert as well as overt, to warn Saddam’s George H.W. Bush compared Saddam to Hit- mouse with weapons of mass destruction. As lieutenants to save themselves by breaking ler and sent a half-million-man Army to part of the settlement imposed by America from the dictator before it’s too late. ‘‘Don’t drive him from Kuwait, Washington re- and its allies at the end of the gulf war, Sad- be the fool who follows the last order’’ is the mained ambivalent about Saddam’s fate. It dam was supposed to get rid of his existing way one senior administration official puts was widely assumed by policymakers that stockpiles of chem-bio weapons, and to allow it. Saddam would collapse after his defeat in in inspectors to make sure none were being The risk is that some will choose to go Desert Storm, done in by him humiliated of- hidden or secretly manufactured. The U.N. down with Saddam, knowing that they stand ficer corps or overthrown by the revolt of a inspectors did shut down his efforts to build to be hanged by an angry mob after the dic- restive minority population. But Washington a nuclear weapon. But Saddam continued to tator falls. It is unclear what kind of justice did not want to push very hard to topple secretly work on his germ- and chemical- would follow his fall, aside from summary Saddam. The gulf war, Bush I administration warfare program. When the inspectors first hangings from the nearest lamppost. officials pointed out, had been fought to lib- suspected what Saddam was trying to hide in POST-SADDAM IRAQ erate Kuwait, not oust Saddam. ‘‘I am cer- 1995, Saddam’s son-in-law, Hussein Kamel, The Bush administration is determined not tain that had we taken all of Iraq, we would suddenly fled Iraq to Jordan. Kamel had have been like the dinosaur in the tar pit— to ‘‘overthrow one strongman only to install overseen Saddam’s chem-bio program, and another,’’ a senior administration official we would still be there,’’ wrote the American his defection forced the revelation of some of commander in Desert Storm, Gen. Norman told Newsweek. This official said that the the secret locations of Saddam’s deadly labs. president has made clear that he wants to Schwarzkopf, in his memoirs. America’s al- That evidence is the heart of the ‘‘white lies in the region, most prominently Saudi press for democratic institutions, govern- paper’’ used last week by President Bush to ment accountability and the rule of law in Arabia, feared that a post-Saddam Iraq support his argument that Iraq has been would splinter and destabilize the region. post-Saddam Iraq. But no one really knows defying U.N. resolutions for the past decade. how that can be achieved. Bush’s advisers The Shiites in the south might bond with (Kamel had the bad judgment to return to their fellow religionists in Iran, strength- are counting on the Iraqis themselves to re- Iraq, where he was promptly executed, along sist a return to despotism. ‘‘People subject ening the Shiite mullahs, and threatening with various family members.) the Saudi border. In the north, the Kurds to horrible tryanny have strong antibodies By now aware of the scale of Saddam’s ef- to anyone who wants to put them back under were agitating to break off parts of Iraq and forts to deceive, the U.N. arms inspectors Turkey to create a Kurdistan. So Saddam tyranny,’’ says a senior administration offi- were unable to certify that Saddam was no cial. But as another official acknowledged, was allowed to keep his tanks and heli- longer making weapons of mass destruction. copters—which he used to crush both Shiite ‘‘a substantial American commitment’’ to Without this guarantee, the United Nations Iraq is inevitable. and Kurdish rebellions. was unwilling to lift the economic sanctions The Bush administration played down At what cost? And who pays? Will other imposed after the gulf war. Saddam contin- Saddam’s darkness after the gulf war. Pen- nations chip in money and men? It is not ued to play ‘‘cheat and retreat’’ with—the tagon bureaucrats compiled dossiers to sup- clear how many occupation troops will be re- inspectors, forcing a showdown in December port a war-crimes prosecution of Saddam, es- quired to maintain order, or for how long. 1998. The United Nations pulled out its in- pecially for his sordid treatment of POWs. Much depends on the manner of Saddam’s spectors, and the United States and Britain They documented police stations and ‘‘sports exit: whether the Iraqis drive him out them- launched Operation Desert Fox, four days of facilities’’ where Saddam’s henchmen used selves, or rely heavily on U.S. power. Admin- bombing that was supposed to teach Saddam acid baths and electric drills on their vic- istration officials shy away from timeables a lesson and force his compliance. tims. One document suggested that torture and specifies but say they have to be pre- Saddam thumbed his nose. The United should be ‘‘artistic.’’ But top Defense De- pared for all contingencies. ‘‘As General Ei- States and its allies, in effect, shrugged and partment officials stamped the report secret. senhower said, ‘Every plan gets thrown out walked away. While the U.N. sanctions re- One Bush administration official subse- on the first day of battle. Plans are useless. gime gradually eroded, allowing Saddam to quently told The Washington Post, ‘‘Some Planning is everything’,’’ said Vice President people were concerned that if we released it trade easily on the black market, he was free Cheney’s chief of staff, I, Lewis (Scooter) during the [1992 presidential] campaign, peo- to brew all the chem-bio weapons he wanted. Libby. ple would say, ‘Why don’t you bring this guy Making a nuclear weapon is harder, and in- It is far from clear that America will be to justice?’’’ (Defense Department aides say telligence officials still believe he is a few able to control the next leader of Iraq, even politics played no part in the report.) years away from even regaining the capacity if he is not as diabolical as Saddam. Any The Clinton administration was no more to manufacture enriched uranium to build leader of Iraq will look around him and see aggressive toward Saddam. In 1993, Saddam his own bomb. If he can steal or buy ready- that Israel and Pakistan have nuclear weap- apparently hired some Kuwaiti liquor smug- made fissile material, say from the Russian ons and that Iran may soon. Just as England glers to try to assassinate former president mafia, he could probably make a nuclear and France opted to build their own bombs Bush as he took a victory lap through the re- weapon in a matter of months, though it in the cold war, and not depend on the U.S. gion. According to one former U.S. ambas- would be so large that delivery would pose a nuclear umbrella, the next president of Iraq sador, the new administration was less than challenge. may want to have his own bomb. ‘‘He may eager to see an open-and-shut case against LASHING OUT? want to, but he can’t be allowed to,’’ says a Saddam, for fear that it would demand ag- As the Bush administration prepares to Bush official. But what is to guarantee that gressive retaliation. When American intel- oust Saddam, one way or another, senior ad- a newly rich Iraqi strongman won’t buy one ligence continued to point to Saddam’s role, ministration officials are very worried that with his nation’s vast oil wealth? In some the Clintonites lobbed a few cruise missiles Saddam will try to use his WMD arsenal In- ways, Iraq is to the Middle East as Germany into Baghdad. The attack reportedly killed telligence experts have warned that Saddam was to Europe in the 20th century, too large, one of Saddam’s mistresses, but left the dic- may be ‘‘flushing’’ his small, easy-to-conceal too militaristic and too competent to coexit tator defiant. biological agents, trying to get them out of peacebly with neighbors. It took two world CLINTON-ERA COVERT ACTIONS the country before an American invasion. A wars and millions of lives to solve ‘‘the Ger- The American intelligence community, vial of bugs or toxins that could kill thou- man problem.’’ Getting rid of Saddam may under orders from President Bill Clinton, did sands could fit in a suitcase—or a diplomatic be essential to creating a stable, democratic

VerDate Sep 04 2002 04:57 Sep 21, 2002 Jkt 099060 PO 00000 Frm 00037 Fmt 4637 Sfmt 0634 E:\CR\FM\A20SE6.068 S20PT1 S8994 CONGRESSIONAL RECORD — SENATE September 20, 2002 Iraq. But it may be only a first step on a 08/17/87 (2 each), Iraq Atomic Energy Com- 09/11/80 (45 each), University of Baghdad, Bac- long and dangerous march. mission, Bacteria, Escherichia teria/Fungi/Protozoa, Virus/Viroids (15 03/24/88 (3 each), Iraq Atomic Energy Com- each), not further identified mission, Bacteria, Escherichia 03/17/82 (1 each), University of Mosul, Bac- Per our previous conversation, after re- 04/22/88, Sera and Vaccine Institute, Bacteria, teria/Fungi/Protozoa viewing the available licensing records of the Salmonella (Class I), Clostridium (Class 04/09/82 (6 each), General Establishment/ Bureau of Export Administration, U.S. De- II), Brucella (Class III), Corynebacterium Drugs, Pseudomonas, Salmonella, Asper- partment of Commerce, related to biological (II), Vibrio (Class III) gillus materials exported to the government of 05/05/88 (1 each), Iraq Atomic Energy Com- 04/09/82 (6 each), General Establishment/ Iraq, additional information identifying the mission, Bacteria, Escherichia Drugs, Pseudomonas, Salmonella, Asper- genus species, and strain or origin (if known) 08/16/88, Ministry of Trade, Bacteria, (12 each) gillus of the following viruses, bacteria, fungi, and Bacillus (Class III), (6 each) Bacillus 07/30/82 (3 each), State Co for Drug Industries, protozoa for which export licenses were (Class II), (6 each) Bacillus (Class III), (9 Bacillus granted is requested. each) Clostridium (Class 10) 08/08/84 (2 each), Ministry of Health for Col- Date License Approved, Consignee, and Mate- 11/07/88 (2 each), Iraq Atomic Energy Com- lege, Bacteria Corynebacterium rial information: mission, Bacteria, Escherichia (Class I) 11/30/84 (59 each), College of Medicine, Asper- 12/19/88 (3 each), Iraq Atomic Energy Com- gillus, Epidermophyton, Microsporum, 02/08/85, Iraq Atomic Energy Commission, mission, Bacteria Escherichia (Class I) Penicillium, Trichophyton, Alternaria, Ustilago Neisseria, Clostridium, Bacteroides, 02/22/85 (2 each), Ministry of Higher Edu- The above listing includes only those ma- Escherichia cation, Fungi Histoplasma terial for which export licenses were granted I understand that information for those 07/11/85 (2 each), Middle and Near East Re- from January 1, 1985, until the present. A items exported prior to January 1, 1985 may gional A, Fungi Histoplasma number of requests were returned without 10/02/85 (46 each), Ministry of Higher Edu- be unavailable. Please feel free to contact action. If any information is available as to cation, Bacteria me if you have any questions regarding this the specific materials requested by the con- 10/08/85 (10 each), Ministry of Higher Edu- request at 202–224–4822. cation, Bacteria, Clostridium, signee in these cases, it may also prove use- HEADLINE: Ustilago nuda (Jensen) Francisella ful. A listing of materials for which export Rostrup, ATCC 34718. TEXT: CBS 118.19. H. 03/21/86 (18 each), Agriculture and Water Re- licenses were approved between January 1, Kniep. USDA permit PPQ–526 required. sources, Fungi, Alysidium, Aspergillus, 1980 and December 31, 1984 follows. I under- Growth Conditions: Medium 336 24C. Shipped: Hypopichia stand that record may no longer be available Test tube. Price Code: W. 03/21/86 (21 each), Agriculture and Water Re- for these items, however, if any specific in- HEADLINE: Histoplasma capsulatum var. sources, Fungi, Actinormucor, Asper- formation is available which identifies these farciminosum, ATCC 32136. TEXT: A.A. gillus, Rhizopus, Rhizomucor, materials please forward it as well. Padhye CDC Disagnostic 76–066816 Talaromyces, Fusarium, Penicillium, (Histoplasma farciminosum). CBS 176.57. Tricyoderma Data License Approved, Consignee, and Mate- Class III pathogen, requests must carry 02/04/87 (11 each), State Company for Drug rial Information signed statement assuming all risks and re- Indust, Bacteria Bacillus, Bacillus, Esch- 08/14/80 (20 each), Ministry of Health for Col- sponsibilities for lab handling. Growth Con- erichia, Staphylococcus, Klebsiella, Sal- lege, Bacteria/Fungi, not further identi- ditions: Medium 337 25C. Shipped: Test tube. monella, Pseudomonas fied Price Code: W. AMERICAN TYPE CULTURE COLLECTION, CUSTOMER ACTIVITY DETAIL REPORT, FROM: 01/01/85 TO: 12/31/93; FOR: ALL CUSTOMERS, FOR COUNTRY: IRAQ

Inv. # Date ATCC # Description Batch # Quantity Price

Cust #: 015408 Customer Name: UNIV OF BAGHDAD 010072 .. 05/02/86 000000000010 BACILLUS ANTHRACIS ...... 8–20–82 2 108.80 010072 .. 05/02/86 000000000082 BACILLUS SUBTILIS ...... 6–20–84 2 108.80 010072 .. 05/02/86 000000003502 CLOSTRIDIUM BOTULINUM TYPE A ...... 7–7–81 3 163.20 010072 .. 05/02/86 000000003624 CLOSTRIDIUM PERFRINGENS ...... 10–85SV 2 20.40 010072 .. 05/02/86 000000006051 BACILLUS SUBTILIS ...... 12–6–84 2 20.40 010072 .. 05/02/86 000000006223 FRANCISELLA TULARENSIS VAR. TULARENSIS ...... 5–14–79 2 108.80 010072 .. 05/02/86 000000009441 CLOSTRIDIUM TETANI ...... 3–84 3 163.20 010072 .. 05/02/86 000000009564 CLOSTRIDIUM BOTULINUM TYPE E ...... 3–29–79 2 108.80 010072 .. 05/02/86 000000010779 CLOSTRIDIUM TETANI ...... 4–24–84S 3 30.60 010072 .. 05/02/86 000000012916 CLOSTRIDIUM PERFRINGENS ...... 8–14–80 2 108.80 010072 .. 05/02/86 000000013124 CLOSTRIDIUM PERFRINGENS ...... 7–84SV 3 30.60 010072 .. 05/02/86 000000014185 BACILLUS ANTHRACIS ...... 1–14–80 3 163.20 010072 .. 05/02/86 000000014578 BACILLUS ANTHRACIS ...... 1–6–78 2 108.80 010072 .. 05/02/86 000000014581 BACILLUS MEGATERIUM ...... 4–18–85 2 20.40 010072 .. 05/02/86 000000014945 BACILLUS MEGATERIUM ...... 6–21–81 2 108.80 010072 .. 05/02/86 000000017855 CLOSTRIDIUM BOTULINUM TYPE E ...... 6–21–71 2 108.80 010072 .. 05/02/86 000000019213 BACILLUS MEGATERIUM ...... 3–84 2 108.80 010072 .. 05/02/86 000000019397 CLOSTRIDIUM BOTULINUM TYPE A ...... 8–18–81 3 163.20 010072 .. 05/02/86 000000023450 BRUCELLA ABORTUS BIOTYPE 3 ...... 8–2–84 3 163.20 010072 .. 05/02/86 000000023455 BRUCELLA ABORTUS BIOTYPE 9 ...... 2–5–68 3 163.20 010072 .. 05/02/86 000000023456 BRUCELLA MELITENSIS BIOTYPE 1 ...... 3–8–78 2 108.80 010072 .. 05/02/86 000000023458 BRUCELLA MELITENSIS BIOTYPE 3 ...... 1–29–68 2 108.80 010072 .. 05/02/86 000000025763 CLOSTRIDIUM BOTULINUM TYPE A ...... 8–83 2 108.80 010072 .. 05/02/86 000000035415 CLOSTRIDIUM BOTULINUM TYPE F ...... 2–24–84 2 108.80 297.12 010072 .. 05/02/86 FREIGHT ...... 0.00 010072 .. 05/02/86 TAX ...... 010072 .. 05/02/86 Total Invoice ...... 58 2,813.12 Total for: UNIV OF BAGHDAD ...... 58 2,813.12 Cust #: 016124 Customer Name: STATE CO FOR DRUG INDUST. AC377 ... 08/31/87 000000002601 SACCHAROMYCES CEREVISIAE ...... 8–28–80 1 12.00 AC377 ... 08/31/87 000000006539 SALMONELLA CHOLERAESUIS SUBSP. CHOLERAESUIS ...... 6–86S 1 12.00 AC377 ... 08/31/87 000000006633 BACILLUS SUBTILIS ...... 10–85 2 128.00 AC377 ... 08/31/87 000000010031 KLEBSIELLA PNEUMONIAE SUBSP. PNEUMONIAE ...... 8–13–80 1 64.00 AC377 ... 08/31/87 000000010536 ESCHERICHIA COLI ...... 4–9–80 1 64.00 AC377 ... 08/31/87 000000011778 BACILLUS CEREUS ...... 5–85SV 2 24.00 AC377 ... 08/31/87 000000012228 STAPHYLOCOCCUS EPIDERMIDIS ...... 11–86S 1 12.00 AC377 ... 08/31/87 000000014884 BACILLUS PUMILUS ...... 9–8–80 2 128.00

AC1507, 04/26/88, Total Invoice AC1616, 07/11/88, 000000045031, CAULI- AC1507, 04/26/88, 000000057240, HU LAMBDA FLOWER MOSAIC CAULIMOVIRUS CLONE, 14 PHAGE LYSATE. AC1616, 07/11/88, 0000000035–X, COMMU- 5–28–85. AC1507, 04/26/88, 000000057242, HU LAMBDA NICATION FEES, 35–X. AC1616, 07/11/88, FREIGHT. 15 PHAGE LYSATE. AC1616, 07/11/88, 000000011303, ESCH- AC1616, 07/11/88, TAX. AC1507, 04/26/88, FREIGHT. ERICHIA COLI, 4–87S. 062876, 10/12/87, Total Invoice AC1507, 04/26/88, TAX. AC1616, 07/11/88, 000000037349, PTIBO542 AC1507, 04/26/88, 0000000035–X, COMMU- AC489, 08/31/87, 000000023846, ESCHERICHIA PLASMID IN AGROBACTERIUM NICATION FEES. COLI, 7–29–83. TUMEFACIENS, 6–14–85. AC1507, 04/26/88, 000000057236, HU LAMBDA AC489, 08/31/87, 000000033694, ESCHERICHIA 4X–8 PHAGE LYSATE. COLI, 7–29–83.

VerDate Sep 04 2002 04:57 Sep 21, 2002 Jkt 099060 PO 00000 Frm 00038 Fmt 4637 Sfmt 0634 E:\CR\FM\A20SE6.070 S20PT1 September 20, 2002 CONGRESSIONAL RECORD — SENATE S8995

AC489, 08/31/87, FREIGHT. CDC SHIPMENTS TO IRAQ OCTOBER 1, 1984 5 X 1.0 ml Sandfly Fever/Naples (original) AC489, 08/31/87, MINIMUM. THROUGH PRESENT antibody; CUST #: 022913, Customer Name: TECHNICAL 4/26/85—MINISTER OF HEALTH, MINISTRY OF 5 X 2.0 ml Sandfly Fever/Sicilian (original) & SCIENTIFIC HEALTH, BAGHDAD, IRAQ antibody; 5 X 1.0 ml Sindbis (EgAr 339) antibody; 8 Vials antigen and antisera, (R. rickettsii AC2658, 09/29/88, 000000000240, BACILLUS 5 X 1.0 ml Tahyna (Bardos 92) antibody; and R. typhi) to diagnose rickettsial infec- ANTHRACIS, 5–14–63. 5 X 1.0 ml Thogoto (II A) antibody; tions (non-infectious). AC2658, 09/29/88, 000000000938, BACILLUS 5 X 1.0 ml West Nile (Eg 101) antibody; ANTHRACIS, 1963. 5/21/85—DR. MAHAMMAD IMAD, AL-DEAN M. 3 X 1.0 ml Normal MHIAF (SMB) antibody; AC2658, 09/29/88, 000000003629, CLOS- MAHMUD, DEPT. OF MICROBIOLOGY, COLLEGE 3 X 1.0 ml Normal MHIAF (SML) antibody; TRIDIUM PERFRINGENS, 10–23–85. OF MEDICINE, UNIVERSITY OF BASRAH, 1.0 ml A polyvalent grouping fluid; AC2658, 09/29/88, 000000008009, CLOS- BASRAH, IRAQ 1.0 ml AIYA, etc. polyvalent grouping TRIDIUM PERFRINGENS, 3–30–84. Etiologic Agents:—lyophilized arbovirus fluid; AC2658, 09/29/88, 000000008705, BACILLUS seed; 1.0 ml B polyvalent grouping fluid; ANTHRACIS, 6–27–62. West Nile Fever Virus, Lyophilized cul- 1.0 ml BUN polyvalent grouping fluid; AC2658, 09/29/88, 000000009014, BRUCELLA tures of avirulant yersinia pestis and Y. 1.0 ml BWA polyvalent grouping fluid; ABORTUS, 5–11–66. pseudotuberculosis ((strain r); 1.0 ml C–1 polyvalent grouping fluid; AC2658, 09/29/88, 000000010388, CLOS- 0.5 m1 Bhania Virus (Iq 690); 1.0 ml C–2 polyvalent grouping fluid; TRIDIUM PERFRINGENS, 6–1–73. 0.5 m1 Dongua Virus type 2 (New Guinea 1.0 ml CAL polyvalent grouping fluid; AC2658, 09/29/88, 000000011966, BACILLUS C); 1.0 ml CAP polyvalent grouping fluid; ANTHRACIS, 5–5–70. 0.5 m1 Dongua Virus type 3 (H–97); 1.0 ml CON polyvalent grouping fluid; AC2658, 09/29/88, 000000025763, CLOS- 0.5 m1 Hazara Virus (Pak IC 280); 1.0 ml GMA polyvalent grouping fluid; TRIDIUM BOTULINUM TYPE A, 7–86. 0.5 m1 Kemeroud Virus (rio); 1.0 ml KEM polyvalent grouping fluid; AC2658, 09/29/88, 000000033018, BACILLUS 0.5 m1 Langat Virus (TP 21); 1.0 ml PAL polyvalent grouping fluid; CEREUS, 4–83. 0.5 m1 Sandfly Fever/Naples Virus (origi- 1.0 ml PAT polyvalent grouping fluid; AC2658, 09/29/88, 000000033019, BACILLUS nal); 1.0 ml PHL polyvalent grouping fluid; CEREUS, 3–88. 0.5 m1 Sandfly Fever/Sicilian Virus (origi- 1.0 ml ORF polyvalent grouping fluid; AC2658, 09/29/88, DISCOUNT. nal); 1.0 ml Rabies, etc. polyvalent grouping AC2658, 09/29/88, FREIGHT. 0.5 m1 Sindbis Virus (Egar 339); fluid; AC2658, 09/29/88, TAX. 0.5 m1 Tahyna Virus (Bardos 92); 1.0 ml STM polyvalent grouping fluid; AC3352, 01/17/89, Total Invoice 0.5 m1 Thgoto Virus (II A). 1.0 ml TCR polyvalent grouping fluid; Diagnostic Reagents and Associated Mate- 1.0 ml VSV polyvalent grouping fluid; AC1639, 01/31/89, 0000000035–X, COMMU- rials: 1.0 ml polyvalent 1; NICATION FEES, 35–X. 2. vials each Y. pestis FA (+ & -) con- 1.0 ml polyvalent 2; AC1639, 01/31/89, 000000057056, PHPT31 jugates; 1.0 ml polyvalent 3; PLASMID IN ESCHERICHIA COLI JM83, 3– 2 vials Y. pestis Fraction 1 antigen; 1.0 ml polyvalent 4; 88. 10 vials Y. pestis bacteriophage impreg- 1.0 ml polyvalent 5; AC1639, 01/31/89, 000000057212, P LAMBDA nated paper strips; 1.0 ml polyvalent 6; 500 PLASMID IN ESCHERICHIA COLI, 88–09. 5 plague-infected mouse tissue smears 1.0 ml polyvalent 7; AC1639, 01/31/89, FREIGHT. (fixed); 1.0 ml polyvalent 8; AC1639, 01/31/89, TAX. Various protocols for diagnostic bacteri- 1.0 ml polyvalent 9; ology tests; 1.0 ml polyvalent 10; DEPARTMENT OF HEALTH & HUMAN 23 X 0.5 m1 Bhanja (Ig 690) antigen; 1.0 ml polyvalent 12; SERVICES, CENTERS FOR DISEASE 22 X 0.5 m1 Dengue Type 2 (New Guinea C) 1.0 ml Group B1 reagent; CONTROL AND PREVENTION, antigen; 1.0 ml Bluetongue reagent; Atlanta, GA, June 21, 1995. 22 X 0.5 ml Dengue type 3 (H–69) antigen; 4 X 0.5 ml Dengue 1–4 set monoclonal anti- Hon. DONALD W. RIEGLE, Jr., 22 X 0.5 ml Hazara (Pak IC 290) antigen; bodies; U.S. Senate, 22 X 0.5 ml Kemarovo (Rio) antigen; 1.0 ml St. Louis Enc. (MSI–7) monoclonal Washington, DC. 22 X 0.5 ml Langat (IF 21) antigen, antibody; DEAR SENATOR RIEGLE: In 1993, at your re- 24 X 0.5 ml Sandfly Fever/Naples (original) 1.0 ml Western Eq. Enc. (McMillian) quest, the Centers for Disease Control and antigen; monoclonal antibody. Prevention (CDC) forwarded to your office a 24 X 0.5 ml Sandfly Fever/Sicilian (origi- 6/26/85— listing of all biological materials, including nal) antigen; Dr. Mohammed S. Khidar, University of viruses, retroviruses, bacteria, and fungi, Diagnostic Reagents and Associated Mate- which CDC provided to the government of Baghdad, College of Medicine, Department of rials: Microbiology, Baghdad, Iraq 3 yeast cultures Iraq from October 1, 1984, through October 13, ¥ 2 vials each Y. pestis PA (+6 ) conjugates; Candida sp. (etiologic). 1993. Recently, in the course of reviewing our 2 vials Y. pestis Fraction 2 antigen; shipping records for a Freedom of Informa- 10 vials Y. pestis bacteriophage impreg- 3/10/86 tion Act (FOIA) request from a private cit- nated paper stripe; Dr. Rowil Shawil Georgis, izen, we identified an additional shipment, 5 plague-infected mouse tissue smears M.B.CH.B.D.F.H., Officers City Al-Muthanna, on May 21, 1985, that was not included on the (fixed); Quartret 710, Street 13, Close 69, House 28/I, list that was provided to your office. Fol- Various protocols for diagnostic bacteri- Baghdad, Iraq. 1 vial Botulinum Toxiod # A– lowing this discovery, we conducted a thor- ology tests; 2 (non-infectious). ough review of all of our shipping records 23 X 0.5 ml Bhanja (Ig 690) antigen; 4/21/56—DR. ROWIL SHAWIL GEORGIS, N.B. CIR. and are confident that we have now included 22 X 0.5 ml Dengue Type 2 (New Guinea C) D.D.F.H., OFFICERS CITY AL-MUTHANA, a listing of all shipments. A corrected list is antigen; QUARTRET 710, STREET 13, CLOSE 69, HOUSE 23/ enclosed (Note: the new information is 22 X 0.5 ml Dengue Type 3 (H–67) antigen; R, BAGHDAD, IRAQ italicized). 22 X 0.5 ml Hazara (Pak IC 280) antigen; 1 vial Botulinum toxin (non-infections). These additional materials were hand-car- 23 X 0.5 ml Kemorovo (Rio) antigen; ried by Dr. Mohammad Mahoud to Iraq after 21 X 0.5 ml Langat (TP 21) antigen; 7/21/88—DR. FAQID ALFARHOOD, MAHELA 887, he had spent three months training in a CDC 24 X 0.5 ml Sandfly Fever/Maples (original) ZIKAK 54, HOUSE 97, HAY ALJIHAD, KERK, laboratory. Most of the materials were non- antigen; BAGHDAD, IRAQ infectious diagnostic reagents for detecting 24 X 0.5 ml Sandfly Fever/Sicilian (origi- teaching supplies (non-infectious); CDC evidence of infections to mosquito-borne vi- nal) antigen; procedures manuals. ruses. Only two of the materials are on the 23 X 0.5 ml Sindbis (EgAr 339) antigen; 7/27/88—DR. FAGID ALFARHOOD, MAHELA 887, Commodity Control List, i.e., Yersinin 23 X 0.5 ml Tahyna (Bardos 92) antigen; ZIKAK 54, HOUSE 97, HAY ALJIHAD, KERK, Pestis (the agent of plague) and dengue 20 X 0.5 ml Thogoto (II A) antigen; BAGHDAD, IRAQ virus. (the strain of plague bacillus was non- 23 X 0.5 ml Bhanja (Ig 690) antigen; teaching supplies (non-infectious); CDC virulent, and CDC is currently petitioning 21 X 0.5 ml West Nile (Eg 101) antigen; procedure manuals. the Department of Commerce to remove this 20 X 0.5 ml Normal SMB antigen; particular variant from the list of controlled 10 X 0.5 ml Normal SML antigen; 11/28/89—DR. NADEAL T. AL HADITHI, UNIVERSITY materials). 5 X 1.0 ml Bhanja (Ig 690) antibody; OF BASRAH, COLLEGE OF SCIENCE, DEPART- We regret that our earlier list was incom- 5 X 1.0 ml Dengue Type 2 (New Guinea C) MENT OF BIOLOGY, BASRAH, IRAQ plete and appreciate your understanding. antibody; 5.0 mls Enterococcus faecalis; Sincerely, 5 X 1.0 ml Dengue Type 3 (H–87) antibody; 5.0 mls Enterococcus faccium; DAVID SATCHER, 5 X 1.0 ml Hazara (Pak IC 280) antibody; 5.0 mls Enterococcus avium; Director. 5 X 1.0 ml Xemerovo (Rio) antibody; 5.0 mls Enterococcus raffinosus; Enclosure. (Copy unclear) 5 X 2.0 ml Langat (TP 21) antibody; 5.0 mls Enterococcus gallinarum;

VerDate Sep 04 2002 05:11 Sep 21, 2002 Jkt 099060 PO 00000 Frm 00039 Fmt 4637 Sfmt 0634 E:\CR\FM\A20SE6.054 S20PT1 S8996 CONGRESSIONAL RECORD — SENATE September 20, 2002 5.0 mls Enterococcus durans; general weakness, headache, fever, diz- 9. Clostridium tetani (ATCC 10779). Batch 5.0 mls Enterococcus hirac; ziness, double vision, dilation of the #04–24–84S (3 each). 5.0 mls Streptococcus bovis (cciologic). pupils and paralysis of the muscles in- 10. Clostridium perfringens (ATCC 12916). FROM U.S. SENATE HEARING REPORT 103–900 volving swallowing. It is often fatal. Batch #08–14–80 (2 each). Agglutinating type 2. U.S. EXPORTS OF BIOLOGICAL MATERIALS TO Histoplasma Capsulatum: causes a IRAQ 11. Clostridium perfringens (ATCC 13124). disease superficially resembling tuber- Batch #07–84SV (3 each). Type A, alpha- The Senate Committee on Banking, culosis that may cause pneumonia, en- toxigenic, produces lechitinase C.J. Appl. Housing, and Urban Affairs has over- largement of the liver and spleen, ane- 12. Bacillus Anthracis (ATCC 14185). Batch sight responsibility for the Export Ad- mia, an influenza-like illness and an #01–14–80 (3 each). G.G. Wright (Fort Dertick) ministration Act. Pursuant to the Act, acute inflammatory skin disease V770–NP1–R. Bovine anthrax, Class III patho- Committee staff contacted the U.S. De- marked by tender red modules, usually gen. partment of Commerce and requested on the shins. Reactivated infection 13. Bacillus Anthracis (ATCC 14578). Batch #01–06–78 (2 each). Class III pathogen. information on the export of biological usually involves the lungs, the brain, materials during the years prior to the 14. Bacillus megaterium (ATCC 14581). spinal membranes, heart, peritoneum, Batch #04–18–85 (2 each). Gulf War. After receiving this informa- and the adrenals. 15. Bacillus megaterium (ATCC 14945). tion, we contacted a principal supplier Brucella Melitensis: a bacterial Batch #06–21–81 (2 each). of these materials to determine what, which can cause chronic fatigue, loss of 16. Clostridium botulinum Type E (ATCC if any, materials were exported to Iraq appetite, profuse sweating when at 17855. Batch #06–21–71. Class III pathogen. which might have contributed to an of- rest, pain in joints and muscles, insom- 17. Bacillus megaterium (ATCC fensive or defensive biological warfare nia, nausea, and damage to major or- 19213). Batch #3–84 (2 each). program. Records available from the gans. 18. Clostridium botulinum Type A (ATCC supplier for the period from 1985 until Clostridium Perfringens: a highly 19397). Batch #08–18–81 (2 each). Class III the present show that during this time, toxic bacteria which causes gas gan- pathogen. pathogenic (meaning ‘‘disease pro- 19. Brucella abortus Biotype 3 (ATCC grene. The bacteria produce toxins that 23450). Batch #08–02–84 (3 each). Class III ducing’’), toxigenic (meaning ‘‘poi- move along muscle bundles in the body pathogen. sonous’’), and other biological research killing cells and producing necrotic tis- 20. Brucella abortus Biotype 9 (ATCC materials were exported to Iraq pursu- sue that is then favorable for further 23455). Batch #02–05–68 (3 each). Class III ant to application and licensing by the growth of the bacteria itself. Eventu- pathogen. U.S. Department of Commerce. Records ally, these toxins and bacteria enter 21. Brucella melitensis Biotype 1 (ATCC prior to 1985 were not available, accord- the bloodstream and cause systemic 23456). Batch #03–08–78 (2 each). Class III ing to the supplier. These exported bio- illness. pathogen. logical materials were not attenuated In addition, several shipments of 22. Brucella melitensis Biotype 3 (ATCC 23458. Batch #01–29–68 (2 each). Class III or weakened and were capable of repro- Escherichia Coli (E.Coli) and genetic pathogen. duction. According to the Department materials, as well as human and bac- 23. Clostridium botulinum Type A (ATCC of Defense’s own Report to Congress on terial DNA, were shipped directly to 25763. Batch #8–83 (2 each). Class III patho- the Conduct of the Persian Gulf War, the Iraq Atomic Energy Commission. gen. released in April 1992: The following is a detailed listing of 24. Clostridium botulinum Type F (ATCC ‘‘By the time of the invasion of Ku- biological materials, provided by the 35415). Batch #02–02–84 (2 each). Class III wait, Iraq had developed biological American Type Culture Collection, pathogen. weapons. It’s advanced and aggressive which were exported to agencies of the Date: August 31, 1987. biological warfare program was the Sent to: State Company for Drug Indus- government of Iraq pursuant to the tries. most advanced in the Arab world. The issuance of an export licensed by the Materials Shipped: program probably began late in the U.S. Commerce Department: 1. Saccharomyces cerevesia (ATCC 2601). 1970’s and concentrated on the develop- Date: February 8, 1985 Batch #08–28–08 (1 each). ment of two agents, botulinum toxin Sent to: Iraq Atomic Energy Agency 2. Salmonella choleraesuis subsp. and anthrax bacteria. . . . Large scale Materials Shipped: Ustilago nuda choleraesuis Serotype typhia (ATCC 6539). production of these agents began in (Jensen) Rostrup. Batch #06–86S (1 each). 1989 at four facilities near Baghdad. De- Date: February 22, 1985 3. Bacillus subtillus (ATCC 6633). Batch# livery means for biological agents Sent to: Ministry of Higher Edu- 10–85 (2 each). 4. Klebsiella pneumoniae subsp. ranged from simple aerial bombs and cation Materials Shipped: Histoplasma pneumoniae (ATCC 10031). Batch# 08–13–80 (1 artillery rockets to surface-to-surface each). missiles.’’ capsulanum var. farciminosum (ATCC 5. Escherichia coli (ATCC 10536). Batch# 04– Included in the approved sales are 32136). Class III pathogen. 09–80 (1 each). Date: July 11, 1985. 6. Bacillus cereus (11778). Batch# 05–85SV (2 the following biological materials Sent to: Middle And Near East Regional A. each). (which have been considered by various Materials Shipped: Histoplasma 7. Staphylococcus epidermidis (ATCC nations for use in war), with their asso- capsulatum var. farciminosum (ATCC 32136). 12228). Batch# 11–86s (1 each). ciated disease symptoms: Class III pathogen. 8. Bacillus pumilus (ATCC 14884). Batch# Bacillus Anthracis: anthrax is a dis- Date: May 2, 1986. Sent to: Ministry of Higher Education. 09–08–90 (2 each). ease-producing bacteria identified by Date: July 11, 1988. the Department of Defense in the The Materials Shipped: 1. Bacillus Anthracis Cohn (ATCC 10). Batch #08–20–82 (2 each). Sent to: Iraq Atomic Energy Commission. Conduct of the Persian Gulf War: Final Class III pathogen. Materials Shipped: Report to Congress, as being a major 2. Bacillus Subtitlis (Ehrenberg) Cohn 1. Escherichia coli (ATCC 11303). Batch# 04– component in the Iraqi biological war- (ATCC 82). Batch #06–20–84 (2 each). 87S. Phage host. fare program. 3. Clostridium botulinum Type A (ATCC 2. Cauliflower Mosaic Caulimovirus (ATCC Anthrax is an often-fatal infectious 3502). Batch #07–07–81 (3 each). Class III 45031). Batch# 06–14–85. Plant virus. disease due to ingestion of spores. It Pathogen. 3. Plasmid in Agrobacterium Tumefaciens (ATCC 37349). (Ti plasmid for co-cultivation begins abruptly with high fever, dif- 4. Clostridium perfringens (Weillon and Zuber) Hauduroy, et al (ATCC 3624). Batch with plant integration vectors in E Coli). ficulty in breathing, and chest pain. #10–85SV (2 each). Batch# 05–28–85. The disease eventually results in septi- 5. Bacillus subtilis (ATCC 6051). Batch #12– Date: April 26, 1988. cemia (blood poisoning), and the mor- 06–84 (2 each). Sent to: Iraq Atomic Energy Commission. tality is high. Once septicemia is ad- 6. Francisella tularensis, var. tularensis Materials Shipped: vanced, antibiotic therapy may prove Olsufiev (ATCC 6223) Batch #05–14–79 (2 each). Hulambda4x-8, clone: human hypoxanthine useless, probably because the exotoxins Avirulent, suitable for preparations of diag- phosphoribosyltransferase (HPRT). Chro- remain, despite the death of the bac- nostic antigens. mosome(s): X q26.1 (ATCC 57236) Phage vec- 7. Clostridium tetani (ATCC 9441). Batch tor; Suggested host: E.coli. teria. #03–84 (3 each). Highly toxigenic. 2. Hulambdal 14–8, clone: human Clostridium Botulinum: a baterial 8. Clostridium botulinum Type E (ATCC hypoxanthine phosphoribosyltransferase source of botulinum toxin, which 9564). Batch #03–02–79 (2 each). Class III (HPRT). Chromosome(s): X q26.1 (ATCC causes vomiting, constipation, thirst, pathogen. 57240) Phage vector; Suggest host: E.coli.

VerDate Sep 04 2002 04:13 Sep 21, 2002 Jkt 099060 PO 00000 Frm 00040 Fmt 4637 Sfmt 0634 E:\CR\FM\A20SE6.073 S20PT1 September 20, 2002 CONGRESSIONAL RECORD — SENATE S8997 3. Hulambda 15, clone: human Date: March 10, 1986. individual immunity because the large num- hypoxanthine phosphoribosyltransferase Sent to: Officers City Al-Muthanna, ber of micro-organisms entering the body (HPRT). Chromosome(s): X q26.1 (ATCC Quartret 710, Street 13, Close 69 House 28/I, could overwhelm the natural body defenses. 57242) Phage vector; Suggested host: E.coli. Baghdad, Iraq. Types of biological agents Date: August 31, 1987. Materials Shipped: Different antipersonnel agents require Sent to: Iraq Atomic Energy Commission. 1. 1 vial botulinum toxoid #A2 (non-infec- varying periods of time before they take ef- Materials Shipped: tious). fect, and the periods of time for which they Date: June 25, 1985. 1. Escherichia coli (ATCC 23846). Batch# 07– will incapacitate a person also vary. Most of Sent to: University of Baghdad, College of 29–83 (1 each). the diseases having antipersonnel employ- 2. Escherichia coli (ATCC 33694). Batch# 05– Medicine, Department of Microbiology. ment potential are found among group of dis- 87 (1 each). Materials Shipped: eases that are naturally transmitted be- Date: September 29, 1988. 1. 3 yeast cultures (etiologic) Candida sp. tween animals and man. Mankind is highly Sent to: Ministry of Trade. Date: May 21, 1985. vulnerable to them since he has little con- Materials Shipped: Sent to: Basrah, Iraq. tact with animals in today’s urban society. 1. Bacillus anthracis (ATCC 240). Batch# Materials Shipped: The micro-organisms of possible use in war- 05–14–63 (3 each). Class III pathogen. 1. Lyophilized arbovirus seed (etiologic). 2. Bacillus anthracis (ATCC 938). Batch# 2. West Nile Fever Virus. fare are found in four naturally occurring 1963 (3 each). Class III pathogen. Date: April 26, 1985. groups—the fungi, bacteria, ricketisiae, and 3. Clostridium perfringens (ATCC 3629). Sent to: Minister of Health, Ministry of viruses. a. Fungi. Fungi occur in many forms and Batch# 10–23–85 (3 each). Health, Baghdad, Iraq. are found almost everywhere. They range in 4. Clostridium perfringens (ATCC 8009). Materials Shipped: size from a single cell, such as yeast, to Batch# 03–30–84 (3 each). 1.8 vials antigen and antisera (r. rickettsii 5. Bacillus anthracis (ATCC 8705). Batch# and r. typhi) to diagnose rickettsial infec- multicellular forms, such as mushrooms and 06–27–62 (3 each). Class III pathogen. tions (non-infectious). puffballs. Their greatest employment poten- tial is against plants, although some forms 6. Brucella abortus (ATCC 9014). Batch# 05– UNSCOM BIOLOGICAL WARFARE INSPECTIONS cause disease in man. A fungus causes the 11–66 (3 each). Class III pathogen. UNSCOM inspections uncovered evidence 7. Clostridium perfringens (ATCC 10388). disease coccidioidomycosis in man. Other that the government of Iraq was conducting common infections caused by Fungi include Batch# 06–01–73 (3 each). research on pathogen enhancement on the 8. Bacillus anthracis (ATCC 11966). Batch# ringworm and ‘‘athletes foot.’’ following biological warfare-related mate- b. Bacteria. Bacteria comprise a large and 05–05–70 (3 each). Class III pathogen. rials: bacillus anthracis; clostridium botu- varied group of organisms. They occur in 9. Clostridium botulinum Type A. Batch# linum; clostridium perfirgens; brucella varying shapes, such as rods, spheres, and 07–86 (3 each). Class III pathogen. abortis; brucella melentensis; francisella spirals, but they are all one-celled plants. 10. Bacillus cereus (ATCC 33018). Batch# 04– tularensis; and clostridium tetani. Some bacteria can assume a resistant struc- 83 (3 each). In addition, the UNSCOM inspections re- 11. Bacillus ceres (ATCC 33019). Batch# 03– ture called a spore, which enables them to vealed that biological warfare-related stimu- resist adverse environmental conditions. 88 (3 each). lant research was being conducted on the fol- Date: January 31, 1989. Others may produce poisonous substances lowing materials: bacillus subtillus; bacillus called toxins. Examples of human disease Sent to: Iraq Atomic Energy Commission. ceres; and bacillus megatillus. Materials Shipped: caused by bacteria are anthrax, brucellosis, UNSCOM reported to Committee staff that tularemia, staphylococcus, and strepto- 1. PHPT31, clone: human hypoxanthine a biological warfare inspection (BW3) was phosphoribosyltransferase (HPRT). Chro- coccus. conducted at the Iraq Atomic Energy Com- c. Rickettsiae. Rickettsiae organisms have mosome(s): X q26.1 (ATCC 57057) mission in 1993. This suggests that the Iraqi the physical appearances of bacteria and the 2. plambda500, clone: human hypoxanthine government may have been experimenting growth characteristics of viruses. Members phosphoribosyltransferase pseudogene with the materials cited above (E. coli and of this group must have living tissue for (HPRT). Chromosome(s): 5 p14–p13 (ATCC rDNA) in an effort to create genetically al- growth and reproduction, whereas most 57212). tered microorganisms (novel biological war- fungi and bacteria can be grown on artificial Date: January 17, 1989 fare agents). Committee staff plans to inter- material. Another characteristic of Sent to: Iraq Atomic Energy Commission. view the BW3 team leader, Col. David Franz Materials Shipped: rickettsiae is that most diseases caused by of the United States Army Medical Research this group are transmitted by the bite of an 1. Hulambda4x–8, clone: human Institute for Infectious Diseases hypoxanthine phosphoribosyltransferase insect, such as the mosquito, mite, or tick. (USAMRIID) in the near future. This phase Rocky Mountain Spotted Fever, Q fever, and (HPRT). Chromosome(s): X q26.1 (ATCC of the investigation continues. 57237) Phage vector; Suggested host: E. coli. typhus are diseases of mankind caused by 2. Hulambda14, clone: human hypoxanthine BIOLOGICAL WARFARE DEFENSE rickettsiae. d. Virus. The smallest living things known phosphoribosyltransferase (HPRT). Chro- The following section, describing the to mankind are virsuses. Viruses are so mosome(s): X q26.1 (ATCC 57240) Cloned from types, dissemination, and defensive measures small that an electron microscope is re- human lymphoblast. Phage vector; Sug- against biological agents, is quoted verbatim quired to see them. Viruses cannot be grown gested host: E. coli. from a United States Marine Corps Institute in the absence of living tissue. Diseases 3. Hulambda15, clone: human hypoxanthine document, Nuclear and Chemical Operations, which are caused by viruses cannot normally phosphoribosyltransferase (HPRT). Chro- MCI 7711B, used in the Command and Staff be treated with antibiotics. Viruses cause mosome(s): X q26.1 (ATCC 57241) Phage vec- College’s nonresident program. It is clear yellow fever, rabies, and poliomyelitis. tor; Suggested host: E. coli. from this document that the Department of Additionally, the Centers for Disease Con- Defense recognizes both the threat and U.S. Dissemination of biological agents trol has compiled a listing of biological ma- vulnerability to biological weapons. This a. Aerosol. Biological agents may be dis- terials shipped to Iraq prior to the Gulf War. document also outlines the Department’s un- seminated on, or over, the target by many The listing covers the period from October 1, derstanding of what actions should be taken means, such as aircraft, missiles, and explo- 1984 (when the CDC began keeping records) in the event that a biological weapon has sive munitions. These devices produce a bio- through October 13, 1993. The following ma- been or is suspected to have been employed. logical aerosol, and, if antipersonnel biologi- terials with biological warfare significance ‘‘Biological agents cannot be detected by cal agents are ever used, they will probably were shipped to Iraq during this period: the human senses. A person could become a be disseminated in the form of biological Date: November 28, 1989. casualty before he is aware he has been ex- mists or aerosols. This method of dissemina- Sent to: University of Basrah, College of posed to a biological agent. An aerosol or tion would be extremely effective because Science, Department of Biology. mist of biological agent is borne in the air. the micro-organisms would be drawn into Materials Shipped: These agents can silently and effectively at- the lungs as a person breathes, and there 1. Enterococcus faecalis. tack man, animals, plants, and in some they would be rapidly absorbed into the 2. Enterococcus faecium. cases, materiel. Agents can be tailored for a blood stream. The hours from dusk until dawn 3. Enterococcus avium. specific type of target. appear to be the best time for dissemination of 4. Enterococcus raffinosus. Methods of using antipersonnel agents un- biological agents. The weather conditions are 5. Enterococcus gallinarium. doubtedly vary so that no uniform pattern of most favorable for these agents at night, since 6. Enterococcus durans. employment or operation is evident. It is sunlight will destroy many of them. In field 7. Enterococcus hirae. likely that agents will be used in combina- trials, using harmless biological aerosols, area 8. Streptococcus bovis (etiologic). tions so that the disease symptoms will con- coverages of thousands of square miles have Date: April 21, 1986. fuse diagnosis and interfere with proper been accomplished. The aerosol particles were Sent to: Officers City Al-Muthanna, treatment. It is also probable that biological carried for long distances by air currents. (em- Quartret 710, Street 13, Close 69 House 28/I, agents would be used in heavy concentra- phasis added) Baghdad, Iraq. tions to insure a high percentage of infection b. Living Hosts. Personnel may be infected Materials Shipped: in the target area. The use of such con- by disease carrying vectors, such as insects, 1. 1 vial botulinum toxoid (non-infectious). centrations could result in the breakdown of rats, or other animals. Mosquitos may

VerDate Sep 04 2002 04:13 Sep 21, 2002 Jkt 099060 PO 00000 Frm 00041 Fmt 4637 Sfmt 0634 E:\CR\FM\A20SE6.061 S20PT1 S8998 CONGRESSIONAL RECORD — SENATE September 20, 2002 spread malaria, yellow fever, or encephalitis; A bill (H.R. 2121) to make available funds ø(C) United States-funded programs help to rats spread plague (any mammal may carry under the Foreign Assistance Act of 1961 to fight corruption and financial crime, such as rabies). Militarily, specific vectors may be expand democracy, good governance, and money laundering, by helping to— selected, infected as required, and then re- anti-corruption programs in the Russian ø(i) establish a commercial legal infra- leased in the target area to seek out their Federation in order to promote society in structure; human victims and pass on the disease. that country and to support independent ø(ii) develop an independent judiciary; Since infection is transmitted through a bite media. ø(iii) support the drafting of a new crimi- in the skin, protective masks offer no protec- There being no objection, the Senate nal code, civil code, and bankruptcy law; tion. A vectorborne agent may remain in the ø(iv) develop a legal and regulatory frame- proceeded to consider the bill, which target area for as long as there are live work for the Russian Federation’s equivalent hosts; thus, a major disadvantage results. had been reported from the Committee of the United States Securities and Ex- The vectorborne agent can become a perma- on Foreign Relations, with an amend- change Commission; nent hazard in the area as the host infects ment to strike all after the enacting ø(v) support Russian law schools; others of his species. clause and insert in lieu thereof the ø(vi) create legal aid clinics; and c. Food and Water Contamination. Biologi- following: ø(vii) bolster law-related activities of non- cal agents could also be delivered to target governmental organizations. personnel by placing the agent in food and [Strike the part shown in black ø(6) Because the capability of Russian water supplies (sabotage). This type of at- brackets and insert the part shown in democratic forces and the civil society to or- tack would probably be directed against italic] ganize and defend democratic gains without small targets, such as industrial complexes, Be it enacted by the Senate and House of Rep- international support is uncertain, and be- headquarters, or specific individuals. The resentatives of the United States of America in cause the gradual integration of the Russian methods of delivering the attack are many Congress assembled, Federation into the global order of free-mar- and varied. øSECTION 1. SHORT TITLE. ket, democratic nations will further enhance Defensive Measures Russian cooperation with the United States ø The United States carries out research This Act may be cited as the ‘‘Russian De- on a wide-range of political, economic, and aimed at improved means of detection of bio- mocracy Act of 2001’’. security issues, the success of democracy in logical agents and treatment and immuniza- øSEC. 2. FINDINGS AND PURPOSES. Russia is in the national security interest of tion of personnel. Both of these are essential ø(a) FINDINGS.—Congress makes the fol- the United States, and the United States to biological defense. lowing findings: Government should develop a far-reaching a. Before an Attack. The inability of the ø(1) Since the dissolution of the Soviet and flexible strategy aimed at strengthening individual to detect a biological attack is Union, the leadership of the Russian Federa- Russian society’s support for democracy and perhaps the greatest problem. Contributing tion has publicly committed itself to build- a market economy, particularly by enhanc- factors are the delay experienced before the ing— ing Russian democratic institutions and edu- onset of symptoms and the time required to ø(A) a society with democratic political in- cation, promoting the rule of law, and sup- identify specific agents. Without an ade- stitutions and practices, the observance of porting Russia’s independent media. quate means of detection, complete defensive universally recognized standards of human ø(7) Since the tragic events of September measures may not be taken since an attack rights, and religious and press freedom; and 11, 2001, the Russian Federation has stood must first be detected before you can defend ø(B) a market economy based on inter- with the United States and the civilized against it. Diseases caused by biological nationally accepted principles of trans- world in the struggle against terrorism and agents do not appear until a few days to parency, accountability, and the rule of law. has cooperated in the war in Afghanistan by weeks after contact with the agent. Per- ø(2) In order to facilitate this transition, sharing intelligence and through other sonnel are protected against biological the international community has provided means. agents in aerosol form by the protective multilateral and bilateral technical assist- ø mask. Ordinary clothing protects the skin (b) PURPOSES.—The purposes of this Act ance, and the United States’ contribution to are— from contamination by biological agents. these efforts has played an important role in Other means of protection include immuni- ø(1) to strengthen and advance institutions developing new institutions built on demo- of democratic government and of a free and zations; quarantining contaminated areas; cratic and liberal economic foundations and cleanliness of the body, clothing, and living independent media and to sustain the devel- the rule of law. opment of an independent civil society in the quarters; stringent rodent and pest control; ø (3)(A) Since 1992, United States Govern- Russian Federation based on religious and proper care of cuts and wounds; and edu- ment democratic reform programs and pub- cation of troops to eat and drink only from ethnic tolerance, internationally recognized lic diplomacy programs, including training, human rights, and an internationally recog- approved sources. small grants, and technical assistance to b. After an Attack: After a biological agent nized rule of law; and independent television, radio, and print attack has occurred, it will be necessary to iden- ø(2) to focus United States foreign assist- media across the Russian Federation, have tify the agent used in the attack so that proper ance programs on using local expertise and strengthened nongovernment-owned media, medical treatment may be given to exposed per- giving local organizations a greater role in provided access to and training in the use of sonnel. To perform this identification, it is nec- designing and implementing such programs, the Internet, brought nearly 40,000 Russian essary to collect samples or objects from the con- while maintaining appropriate oversight and citizens to the United States, and have led to taminated area and send them to a laboratory monitoring. the establishment of over 65,000 nongovern- or suitable facility for processing. Samples may mental organizations, thousands of vibrant øSEC. 3. UNITED STATES POLICY TOWARD THE be taken from the air, from contaminated sur- independent media outlets, and numerous RUSSIAN FEDERATION. faces, or from contaminated water. After the political parties. sample is taken, laboratory time will be required ø(a) SENSE OF CONGRESS.—It is the sense of ø(B) These efforts contributed to the sub- to identify the suspected biological agent. The Congress that the United States Government stantially free and fair Russian parliamen- length of time for identification is being sig- should— tary elections in 1995 and 1999 and Presi- nificantly shortened through the use of new ø(1) recognize that a democratic and eco- dential elections in 1996 and 2000. medical and laboratory techniques. Proper nomically stable Russian Federation is in- ø(4) The United States has assisted Russian defensive actions taken during a biological herently less confrontational and desta- efforts to replace its centrally planned, attack depend upon the rapid detection of bilizing in its foreign policy and therefore state-controlled economy with a market the attack. Biological defense is continuous. that the promotion of democracy in Russia economy and helped create institutions and You must always be prepared for the employ- is in the national security interests of the infrastructure for a market economy by en- ment of these weapons. (emphasis added) United States; and couraging the transparent privatization of ø(2) continue and increase assistance to the Mr. BYRD. Mr. President, I thank state-owned enterprises. Approximately two- democratic forces in the Russian Federation, the Chair and I thank all Members. thirds of the Russian Federation’s gross do- including the independent media, regional mestic product is now generated by the pri- f administrations, democratic political par- vate sector. ties, and nongovernmental organizations. RUSSIAN DEMOCRACY ACT OF 2002 ø(5)(A) The United States fostered grass- Mr. BYRD. Mr. President, by request roots entrepreneurship in the Russian Fed- ø(b) STATEMENT OF POLICY.—It shall be the of the majority leader, I ask unani- eration by focusing United States economic policy of the United States— ø mous consent that the Senate proceed assistance on small- and medium-sized busi- (1) to facilitate Russia’s integration into nesses and by providing training, consulting the Western community of nations, includ- to the immediate consideration of Cal- services, and small loans to more than ing supporting the establishment of a stable endar Order No. 543, H.R. 2121. 250,000 Russian entrepreneurs. democracy and a market economy, and also The PRESIDING OFFICER. The ø(B) There are now more than 900,000 small including Russia’s membership in the appro- clerk will state the bill by title. businesses in the Russian Federation, pro- priate international institutions; The assistant legislative clerk read ducing 12 to 15 percent of the gross domestic ø(2) to engage the Government of Russian as follows: product of the Russian Federation. Federation and Russian society in order to

VerDate Sep 04 2002 04:13 Sep 21, 2002 Jkt 099060 PO 00000 Frm 00042 Fmt 4637 Sfmt 0634 E:\CR\FM\A20SE6.065 S20PT1 September 20, 2002 CONGRESSIONAL RECORD — SENATE S8999 strengthen democratic reform and institu- ø‘‘(H) support for civic organizations com- Radio Liberty and the Voice of America tions, and to promote good governance prin- mitted to promoting human rights; and’’; should use new and innovative techniques, in ciples based on the internationally recog- and cooperation with local independent media nized norms of transparency in business ø(E) by adding at the end the following: sources, to disseminate information through- practices, the rule of law, religious freedom, ø‘‘(J) strengthened administration of jus- out the Russian Federation relating to de- and human rights; tice through programs and activities carried mocracy, free-market economics, the rule of ø(3) to advance a dialog between United out in accordance with section 498B(e), in- law, and human rights. States Government officials and private sec- cluding— øSEC. 6. AUTHORIZATION OF ASSISTANCE FOR tor individuals and representatives of the ø‘‘(i) support for nongovernmental organi- DEMOCRACY, INDEPENDENT MEDIA, Government of the Russian Federation re- zations, civic organizations, and political AND THE RULE OF LAW. garding Russian integration into the West- parties that favor a strong and independent øOf the amounts made available to carry ern community of nations; judiciary based on merit; out the provision of chapter 11 of part I of ø(4) to encourage United States Govern- ø‘‘(ii) support for local organizations that the Foreign Assistance Act of 1961 (22 U.S.C. ment officials and private sector individuals work with judges and law enforcement offi- 2295 et seq.) and the Freedom for Russia and to meet regularly with democratic activists, cials in efforts to achieve a reduction in the Emerging Eurasian Democracies and Open human rights activists, representatives of number of pretrial detainees; and Markets Support Act of 1992 for fiscal year ø the independent media, representatives of ‘‘(iii) support for the creation of Russian 2002, not less than $50,000,000 is authorized to nongovernmental organizations, civic orga- legal associations or groups that provide be available for the activities authorized by training in human rights and advocacy, pub- nizers, and reform-minded politicians from paragraphs (2) and (3) of section 498 of the lic education with respect to human rights- Moscow and the various regions of the Rus- Foreign Assistance Act of 1961, as amended related laws and proposed legislation, and sian Federation; by section 4(a) of this Act.¿ legal assistance to persons subject to im- ø(5) to incorporate democratic reforms, the SECTION 1. SHORT TITLE. proper government interference.’’. promotion of an independent media, and eco- This Act may be cited as the ‘‘Russian Democ- ø(2) INDEPENDENT MEDIA.—Section 498 of nomic reforms in the broad United States racy Act of 2002’’. the Foreign Assistance Act of 1961 (22 U.S.C. agenda with the Government of the Russian 2295) is amended— SEC. 2. FINDINGS AND PURPOSES. Federation; ø(A) by redesignating paragraphs (3) (a) FINDINGS.—Congress makes the following ø (6) to encourage the Government of the through (13) as paragraphs (4) though (14), re- findings: Russian Federation to address cross-border spectively; and (1) Since the dissolution of the Soviet Union, issues, including the environment, crime, ø(B) by inserting after paragraph (2) the the leadership of the Russian Federation has trafficking, and corruption in a cooperative following: publicly committed itself to building— and transparent manner consistent with ø‘‘(3) INDEPENDENT MEDIA.—Developing a (A) a society with democratic political institu- internationally recognized and accepted free and independent media, including— tions and practices, the observance of univer- principles of the rule of law; ø‘‘(A) supporting all forms of non-state- sally recognized standards of human rights, and ø (7) to consult with the Government of the owned media reporting, including print, religious and press freedom; and Russian Federation and the Russian Par- radio, and television; (B) a market economy based on internation- liament on the adoption of economic and so- ø‘‘(B) providing special support for, and un- ally accepted principles of transparency, ac- cial reforms necessary to sustain Russian restricted public access to, nongovernmental countability, and the rule of law. economic growth and to ensure Russia’s Internet-based sources of information, dis- (2) In order to facilitate this transition, the transition to a fully functioning market semination and reporting, including pro- international community has provided multilat- economy; viding technical and other support for web eral and bilateral technical assistance, and the ø (8) to persuade the Government of the radio services, providing computers and United States’ contribution to these efforts has Russian Federation to honor its commit- other necessary resources for Internet played an important role in developing new in- ments made to the Organization for Security connectivity and training new Internet users stitutions built on democratic and liberal eco- and Cooperation in Europe (OSCE) at the No- in nongovernmental and other civic organi- nomic foundations and the rule of law. vember 1999 Istanbul Conference and to con- zations on methods and uses of Internet- (3)(A) Since 1992, United States Government duct a genuine good neighbor policy toward based media; and democratic reform programs and public diplo- the other independent states of the former ø‘‘(C) training in journalism, including in- macy programs, including training, and small Soviet Union in the spirit of internationally vestigative journalism techniques which grants have provided access to and training in accepted principles of regional cooperation; educate the public on the costs of corruption the use of the Internet, brought nearly 40,000 and and act as a deterrent against corrupt offi- Russian citizens to the United States, and have ø (9) to encourage the G–7 partners and cials.’’. led to the establishment of more than 65,000 international financial institutions, includ- ø(b) CONFORMING AMENDMENT.—Section nongovernmental organizations, thousands of ing the World Bank, the International Mone- 498B(e) of such Act is amended by striking independent local media outlets, despite govern- tary Fund, and the European Bank for Re- ‘‘paragraph (2)(G)’’ and inserting ‘‘paragraph mental opposition, and numerous political par- construction and Development, to develop fi- (2)(J)’’. ties. nancial safeguards and transparency prac- øSEC. 5. ACTIVITIES TO SUPPORT THE RUSSIAN (B) These efforts contributed to the substan- tices in lending to the Russian Federation. FEDERATION. tially free and fair Russian parliamentary elec- tions in 1995 and 1999. ø ø(a) ASSISTANCE PROGRAMS.—In providing SEC. 4. AMENDMENTS TO THE FOREIGN ASSIST- (4) The United States has assisted Russian ef- ANCE ACT OF 1961. assistance to the Russian Federation under chapter 11 of part I of the Foreign Assistance forts to replace its centrally planned, state-con- ø(a) AMENDMENTS.— Act of 1961 (22 U.S.C. 2295 et seq.), the Presi- trolled economy with a market economy and ø(1) DEMOCRACY AND RULE OF LAW.—Section dent is authorized to carry out the following helped create institutions and infrastructure for 498(2) of the Foreign Assistance Act of 1961 specific activities: a market economy. Approximately two-thirds of (22 U.S.C. 2295(2)) is amended— ø(1) Work with the Government of the Rus- the Russian Federation’s gross domestic product ø(A) in the heading, by striking ‘‘DEMOC- sian Federation, the Duma, and representa- is now generated by the private sector, and the RACY’’ and inserting ‘‘DEMOCRACY AND RULE tives of the Russian Federation judiciary to United States recognized Russia as a market OF LAW’’; help implement a revised and improved code economy on June 7, 2002. ø(B) by striking subparagraphs (E) and (G); of criminal procedure and other laws. (5)(A) The United States has fostered grass- ø(C) by redesignating subparagraph (F) as ø(2) Establish civic education programs re- roots entrepreneurship in the Russian Federa- subparagraph (I); lating to democracy, public policy, the rule tion by focusing United States economic assist- ø(D) by inserting after subparagraph (D) of law, and the importance of an independent ance on small- and medium-sized businesses and the following: media, including the establishment of by providing training, consulting services, and ø‘‘(E) development and support of grass- ‘‘American Centers’’ and public policy small loans to more than 250,000 Russian entre- roots and nongovernmental organizations schools at Russian universities and programs preneurs. promoting democracy, the rule of law, trans- by universities in the United States to offer (B) There are now more than 900,000 small parency, and accountability in the political courses through Internet-based off-site businesses in the Russian Federation, producing process, including grants in small amounts learning centers at Russian universities. 12 to 15 percent, depending on the estimate, of to such organizations; ø(3) Support the Regional Initiatives (RI) the gross domestic product of the Russian Fed- ø‘‘(F) international exchanges to promote program, which provides targeted assistance eration. greater understanding by Russian Federa- in those regions of the Russian Federation (C) United States-funded programs have con- tion citizens on how democracy, public pol- that have demonstrated commitment to re- tributed to fighting corruption and financial icy process, market institutions, and an form, democracy, and the rule of law, and crime, such as money laundering, by helping independent judiciary function in Western which promote the concept of such programs to— societies; as a model for all regions of the Russian Fed- (i) establish a commercial legal infrastructure; ø‘‘(G) political parties committed to pro- eration. (ii) develop an independent judiciary; moting democracy, human rights, and eco- ø(b) RADIO FREE EUROPE/RADIO LIBERTY (iii) support the drafting of a new criminal nomic reforms; AND VOICE OF AMERICA.—Radio Free Europe/ code, civil code, and bankruptcy law;

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(iv) develop a legal and regulatory framework (4) to encourage United States Government of- (2) INDEPENDENT MEDIA.—Section 498 of the for the Russian Federation’s equivalent of the ficials and private sector individuals to meet Foreign Assistance Act of 1961 (22 U.S.C. 2295) is United States Securities and Exchange Commis- regularly with democratic activists, human amended— sion; rights activists, representatives of the inde- (A) by redesignating paragraphs (3) through (v) support Russian law schools; pendent media, representatives of nongovern- (13) as paragraphs (4) through (14), respectively; (vi) create legal aid clinics; and mental organizations, civic organizers, church and (vii) bolster law-related activities of non- officials, and reform-minded politicians from (B) by inserting after paragraph (2) the fol- governmental organizations. Moscow and all other regions of the Russian lowing: (6) Because the capability of Russian demo- Federation; ‘‘(3) INDEPENDENT MEDIA.—Developing free cratic forces and the civil society to organize (5) to incorporate democratic reforms, the pro- and independent media, including— and defend democratic gains without inter- motion of independent media, and economic re- ‘‘(A) supporting all forms of independent national support is uncertain, and because the forms in a broader United States dialogue with media reporting, including print, radio, and tel- gradual integration of the Russian Federation the Government of the Russian Federation; evision; into the global order of free-market, democratic (6) to encourage the Government of the Rus- ‘‘(B) providing special support for, and unre- nations would enhance Russian cooperation sian Federation to address, in a cooperative and stricted public access to, nongovernmental Inter- with the United States on a wide range of polit- transparent manner consistent with internation- net-based sources of information, dissemination ical, economic, and security issues, the success ally recognized and accepted principles, cross- and reporting, including providing technical of democracy in Russia is in the national secu- border issues, including the nonproliferation of and other support for web radio services, pro- rity interest of the United States, and the weapons of mass destruction, environmental viding computers and other necessary resources United States Government should develop a far- degradation, crime, trafficking, and corruption; for Internet connectivity and training new reaching and flexible strategy aimed at (7) to consult with the Government of the Rus- Internet users in nongovernmental civic organi- strengthening Russian society’s support for de- sian Federation and the Russian Parliament on zations on methods and uses of Internet-based mocracy and a market economy, particularly by the adoption of economic and social reforms media; and enhancing Russian democratic institutions and necessary to sustain Russian economic growth ‘‘(C) training in journalism, including inves- education, promoting the rule of law, and sup- and to ensure Russia’s transition to a fully tigative journalism techniques that educate the porting Russia’s independent media. functioning market economy and membership in public on the costs of corruption and act as a (7) Since the tragic events of September 11, the World Trade Organization; deterrent against corrupt officials.’’. 2001, the Russian Federation has stood with the (8) to persuade the Government of the Russian (b) CONFORMING AMENDMENT.—Section United States and the rest of the civilized world Federation to honor its commitments made to 498B(e) of such Act is amended by striking in the struggle against terrorism and has co- the Organization for Security and Cooperation ‘‘paragraph (2)(G)’’ and inserting ‘‘paragraph operated in the war in Afghanistan by sharing in Europe (OSCE) at the November 1999 Istanbul (2)(J)’’. intelligence and through other means. Conference, and to conduct a genuine good SEC. 5. ACTIVITIES TO SUPPORT THE RUSSIAN (8) United States-Russia relations have im- neighbor policy toward the other independent FEDERATION. proved, leading to a successful summit between states of the former Soviet Union in the spirit of (a) ASSISTANCE PROGRAMS.—In providing as- President Bush and President Putin in May internationally accepted principles of regional sistance to the Russian Federation under chap- 2002, resulting in a ‘‘Foundation for Coopera- cooperation; and ter 11 of part I of the Foreign Assistance Act of tion’’. (9) to encourage the G–8 partners and inter- 1961 (22 U.S.C. 2295 et seq.), the President is au- (b) PURPOSES.—The purposes of this Act are— national financial institutions, including the (1) to strengthen and advance institutions of thorized to— World Bank, the International Monetary Fund, (1) work with the Government of the Russian democratic government and of free and inde- and the European Bank for Reconstruction and Federation, the Duma, and representatives of pendent media, and to sustain the development Development, to develop financial safeguards the Russian Federation judiciary to help imple- of an independent civil society in the Russian and transparency practices in lending to the ment a revised and improved code of criminal Federation based on religious and ethnic toler- Russian Federation. procedure and other laws; ance, internationally recognized human rights, (2) establish civic education programs relating and an internationally recognized rule of law; SEC. 4. AMENDMENTS TO THE FOREIGN ASSIST- ANCE ACT OF 1961. to democracy, public policy, the rule of law, and and (a) IN GENERAL.— (2) to focus United States foreign assistance the importance of independent media, including (1) DEMOCRACY AND RULE OF LAW.—Section programs on using local expertise and to give the establishment of ‘‘American Centers’’ and 498(2) of the Foreign Assistance Act of 1961 (22 local organizations a greater role in designing public policy schools at Russian universities and U.S.C. 2295(2)) is amended— encourage cooperative programs with univer- and implementing such programs, while main- (A) in the paragraph heading, by striking taining appropriate oversight and monitoring. sities in the United States to offer courses ‘‘DEMOCRACY’’ and inserting ‘‘DEMOCRACY AND through Internet-based off-site learning centers SEC. 3. UNITED STATES POLICY TOWARD THE RULE OF LAW’’; RUSSIAN FEDERATION. at Russian universities; and (B) by striking subparagraphs (E) and (G); (3) support the Regional Initiatives (RI) pro- (a) SENSE OF CONGRESS.—It is the sense of (C) by redesignating subparagraph (F) as sub- Congress that the United States Government gram, which provides targeted assistance in paragraph (I); those regions of the Russian Federation that should— (D) by inserting after subparagraph (D) the (1) recognize that a democratic and economi- have demonstrated a commitment to reform, de- following: mocracy, and the rule of law, and which pro- cally stable Russian Federation is inherently ‘‘(E) development and support of grass-roots motes the concept of such programs as a model less confrontational and destabilizing in its for- and nongovernmental organizations promoting for all regions of the Russian Federation. eign policy and therefore that the promotion of democracy, the rule of law, transparency, and (b) RADIO FREE EUROPE/RADIO LIBERTY AND democracy in Russia is in the national security accountability in the political process, including VOICE OF AMERICA.—RFE/RL, Incorporated, interests of the United States; and grants in small amounts to such organizations; and the Voice of America should use new and (2) continue and increase assistance to the ‘‘(F) international exchanges and other forms innovative techniques, in cooperation with local democratic forces in the Russian Federation, in- of public diplomacy to promote greater under- independent media sources and using local lan- cluding the independent media, regional admin- standing on how democracy, the public policy guages as appropriate and as possible, to dis- istrations, democratic political parties, and non- process, market institutions, and an inde- seminate throughout the Russian Federation in- governmental organizations. pendent judiciary function in Western societies; (b) STATEMENT OF POLICY.—It shall be the ‘‘(G) political parties and coalitions committed formation relating to democracy, free-market ec- policy of the United States— to promoting democracy, human rights, and eco- onomics, the rule of law, and human rights. (1) to facilitate Russia’s integration into the nomic reforms; SEC. 6. AUTHORIZATION OF ASSISTANCE FOR DE- Western community of nations, including sup- ‘‘(H) support for civic organizations committed MOCRACY, INDEPENDENT MEDIA, porting the establishment of a stable democracy to promoting human rights;’’; and AND THE RULE OF LAW. and a market economy within the framework of (E) by adding at the end the following: Of the amounts made available to carry out the rule of law and respect for individual rights, ‘‘(J) strengthened administration of justice the provision of chapter 11 of part I of the For- including Russia’s membership in the appro- through programs and activities carried out in eign Assistance Act of 1961 (22 U.S.C. 2295 et priate international institutions; accordance with section 498B(e), including— seq.) and the FREEDOM Support Act for fiscal (2) to engage the Government of the Russian ‘‘(i) support for nongovernmental organiza- year 2003, $50,000,000 is authorized to be avail- Federation and Russian society in order to tions, civic organizations, and political parties able for the activities authorized by paragraphs strengthen democratic reform and institutions, that favor a strong and independent judiciary; (2) and (3) of section 498 of the Foreign Assist- and to promote transparency and good govern- ‘‘(ii) support for local organizations that work ance Act of 1961, as amended by section 4(a) of ance in all aspects of society, including fair and with judges and law enforcement officials in ef- this Act. honest business practices, accessible and open forts to achieve a reduction in the number of Amend the title so as to read: ‘‘An Act to legal systems, freedom of religion, and respect pretrial detainees; and make available funds under the Foreign As- for human rights; ‘‘(iii) support for the creation of legal associa- sistance Act of 1961 to expand democracy, (3) to advance a dialogue among United States tions or groups that provide training in human good governance, and anti-corruption pro- Government officials, private sector individuals, rights and advocacy, public education with re- grams in the Russian Federation in order to and representatives of the Government of the spect to human rights-related laws and proposed promote and strengthen democratic govern- Russian Federation regarding Russia’s integra- legislation, and legal assistance to persons sub- ment and civil society and independent tion into the Western community of nations; ject to improper government interference.’’. media in that country.’’.

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AMENDMENT NO. 4697 (3)(A) Since 1992, United States Government (2) to focus United States foreign assistance Mr. BYRD. Mr. President, I send an democratic reform programs and public diplo- programs on using local expertise and to give amendment to the desk. macy programs, including training, and small local organizations a greater role in designing The PRESIDING OFFICER. The grants have provided access to and training in and implementing such programs, while main- the use of the Internet, brought nearly 40,000 taining appropriate oversight and monitoring. clerk will report. Russian citizens to the United States, and have SEC. 3. UNITED STATES POLICY TOWARD THE The assistant legislative clerk read led to the establishment of more than 65,000 RUSSIAN FEDERATION. as follows: nongovernmental organizations, thousands of (a) SENSE OF CONGRESS.—It is the sense of The Senator from West Virginia [Mr. independent local media outlets, despite govern- Congress that the United States Government BYRD], for Mr. BIDEN and Mr. HELMS, pro- mental opposition, and numerous political par- should— poses an amendment numbered 2121. ties. (1) recognize that a democratic and economi- (B) These efforts contributed to the substan- cally stable Russian Federation is inherently At the appropriate place in the bill insert tially free and fair Russian parliamentary elec- less confrontational and destabilizing in its for- the following: tions in 1995 and 1999. eign policy and therefore that the promotion of SEC. . PRESERVING THE ARCHIVES OF HUMAN (4) The United States has assisted Russian ef- democracy in Russia is in the national security RIGHTS ACTIVIST AND NOBEL forts to replace its centrally planned, state-con- interests of the United States; and PEACE PRIZE WINNER ANDREI (2) continue and increase assistance to the SAKHAROV. trolled economy with a market economy and helped create institutions and infrastructure for democratic forces in the Russian Federation, in- (a) AUTHORIZATION.—The President is au- cluding the independent media, regional admin- thorized, on such terms and conditions as a market economy. Approximately two-thirds of the Russian Federation’s gross domestic product istrations, democratic political parties, and non- the President determines to be appropriate, governmental organizations. to make a grant to Brandeis University for is now generated by the private sector, and the United States recognized Russia as a market (b) STATEMENT OF POLICY.—It shall be the an endowment for the Andrei Sakharov Ar- policy of the United States— chives and Human Rights Center for the pur- economy on June 7, 2002. (5)(A) The United States has fostered grass- (1) to facilitate Russia’s integration into the pose of collecting and preserving documents roots entrepreneurship in the Russian Federa- Western community of nations, including sup- related to the life of Andrei Sakharov and tion by focusing United States economic assist- porting the establishment of a stable democracy the administration of such Center. ance on small- and medium-sized businesses and and a market economy within the framework of (b) FUNDING.—There is authorized to be ap- by providing training, consulting services, and the rule of law and respect for individual rights, propriated to the President to carry out sub- small loans to more than 250,000 Russian entre- including Russia’s membership in the appro- section (a) not more than $1,500,000. preneurs. priate international institutions; SEC. . EXTENSION OF LAW. (B) There are now more than 900,000 small (2) to engage the Government of the Russian The provisions of section 108(c) of H.R. businesses in the Russian Federation, producing Federation and Russian society in order to strengthen democratic reform and institutions, 3427, as enacted by section 1000(a)(7) of P.L. 12 to 15 percent, depending on the estimate, of and to promote transparency and good govern- 106–113, shall apply to U.S. contributions for the gross domestic product of the Russian Fed- ance in all aspects of society, including fair and fiscal year 2003 to the organization described eration. in section 108(c) of H.R. 3427. (C) United States-funded programs have con- honest business practices, accessible and open legal systems, freedom of religion, and respect Mr. BYRD. Mr. President, I ask unan- tributed to fighting corruption and financial crime, such as money laundering, by helping for human rights; imous consent that the Biden-Helms (3) to advance a dialogue among United States to— amendment at the desk be agreed to, (i) establish a commercial legal infrastructure; Government officials, private sector individuals, the committee amendment be agreed (ii) develop an independent judiciary; and representatives of the Government of the to, the bill, as amended, be read the (iii) support the drafting of a new criminal Russian Federation regarding Russia’s integra- code, civil code, and bankruptcy law; tion into the Western community of nations; third time and passed, and the amend- (4) to encourage United States Government of- ment to the title be agreed to; that the (iv) develop a legal and regulatory framework for the Russian Federation’s equivalent of the ficials and private sector individuals to meet motion to reconsider be laid upon the United States Securities and Exchange Commis- regularly with democratic activists, human table with no intervening action or de- sion; rights activists, representatives of the inde- bate; and that any statements relating (v) support Russian law schools; pendent media, representatives of nongovern- thereto be printed in the RECORD at the (vi) create legal aid clinics; and mental organizations, civic organizers, church appropriate place as if read. (vii) bolster law-related activities of non- officials, and reform-minded politicians from The PRESIDING OFFICER. Without governmental organizations. Moscow and all other regions of the Russian (6) Because the capability of Russian demo- Federation; objection, it is so ordered. cratic forces and the civil society to organize (5) to incorporate democratic reforms, the pro- The amendment (No. 4697) was agreed and defend democratic gains without inter- motion of independent media, and economic re- to. national support is uncertain, and because the forms in a broader United States dialogue with The committee amendment in the gradual integration of the Russian Federation the Government of the Russian Federation; nature of a substitute, as amended, was into the global order of free-market, democratic (6) to encourage the Government of the Rus- agreed to. nations would enhance Russian cooperation sian Federation to address, in a cooperative and The title amendment was agreed to. with the United States on a wide range of polit- transparent manner consistent with internation- ical, economic, and security issues, the success ally recognized and accepted principles, cross- The bill (H.R. 2121), as amended, was of democracy in Russia is in the national secu- border issues, including the nonproliferation of read the third time and passed, as fol- rity interest of the United States, and the weapons of mass destruction, environmental lows: United States Government should develop a far- degradation, crime, trafficking, and corruption; Strike out all after the enacting clause and reaching and flexible strategy aimed at (7) to consult with the Government of the Rus- insert: strengthening Russian society’s support for de- sian Federation and the Russian Parliament on SECTION 1. SHORT TITLE. mocracy and a market economy, particularly by the adoption of economic and social reforms necessary to sustain Russian economic growth This Act may be cited as the ‘‘Russian Democ- enhancing Russian democratic institutions and and to ensure Russia’s transition to a fully racy Act of 2002’’. education, promoting the rule of law, and sup- porting Russia’s independent media. functioning market economy and membership in SEC. 2. FINDINGS AND PURPOSES. (7) Since the tragic events of September 11, the World Trade Organization; (a) FINDINGS.—Congress makes the following 2001, the Russian Federation has stood with the (8) to persuade the Government of the Russian findings: United States and the rest of the civilized world Federation to honor its commitments made to (1) Since the dissolution of the Soviet Union, in the struggle against terrorism and has co- the Organization for Security and Cooperation the leadership of the Russian Federation has operated in the war in Afghanistan by sharing in Europe (OSCE) at the November 1999 Istanbul publicly committed itself to building— intelligence and through other means. Conference, and to conduct a genuine good (A) a society with democratic political institu- (8) United States-Russia relations have im- neighbor policy toward the other independent tions and practices, the observance of univer- proved, leading to a successful summit between states of the former Soviet Union in the spirit of sally recognized standards of human rights, and President Bush and President Putin in May internationally accepted principles of regional religious and press freedom; and 2002, resulting in a ‘‘Foundation for Coopera- cooperation; and (B) a market economy based on internation- tion’’. (9) to encourage the G–8 partners and inter- ally accepted principles of transparency, ac- (b) PURPOSES.—The purposes of this Act are— national financial institutions, including the countability, and the rule of law. (1) to strengthen and advance institutions of World Bank, the International Monetary Fund, (2) In order to facilitate this transition, the democratic government and of free and inde- and the European Bank for Reconstruction and international community has provided multilat- pendent media, and to sustain the development Development, to develop financial safeguards eral and bilateral technical assistance, and the of an independent civil society in the Russian and transparency practices in lending to the United States’ contribution to these efforts has Federation based on religious and ethnic toler- Russian Federation. played an important role in developing new in- ance, internationally recognized human rights, SEC. 4. AMENDMENTS TO THE FOREIGN ASSIST- stitutions built on democratic and liberal eco- and an internationally recognized rule of law; ANCE ACT OF 1961. nomic foundations and the rule of law. and (a) IN GENERAL.—

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(1) DEMOCRACY AND RULE OF LAW.—Section ‘‘paragraph (2)(G)’’ and inserting ‘‘paragraph Amend the title so as to read: ‘‘An Act to 498(2) of the Foreign Assistance Act of 1961 (22 (2)(J)’’. make available funds under the Foreign As- U.S.C. 2295(2)) is amended— SEC. 5. ACTIVITIES TO SUPPORT THE RUSSIAN sistance Act of 1961 to expand democracy, (A) in the paragraph heading, by striking FEDERATION. good governance, and anti-corruption pro- ‘‘DEMOCRACY’’ and inserting ‘‘DEMOCRACY AND (a) ASSISTANCE PROGRAMS.—In providing as- grams in the Russian Federation in order to RULE OF LAW’’; sistance to the Russian Federation under chap- promote and strengthen democratic govern- (B) by striking subparagraphs (E) and (G); ter 11 of part I of the Foreign Assistance Act of ment and civil society and independent (C) by redesignating subparagraph (F) as sub- 1961 (22 U.S.C. 2295 et seq.), the President is au- media in that country.’’. paragraph (I); thorized to— (D) by inserting after subparagraph (D) the (1) work with the Government of the Russian f following: Federation, the Duma, and representatives of ‘‘(E) development and support of grass-roots the Russian Federation judiciary to help imple- ADJOURNMENT UNTIL MONDAY, and nongovernmental organizations promoting ment a revised and improved code of criminal SEPTEMBER 23, 2002, AT 2.30 P.M. democracy, the rule of law, transparency, and procedure and other laws; Mr. BYRD. Mr. President, that con- accountability in the political process, including (2) establish civic education programs relating cludes the business of the Senate for grants in small amounts to such organizations; to democracy, public policy, the rule of law, and today. ‘‘(F) international exchanges and other forms the importance of independent media, including of public diplomacy to promote greater under- the establishment of ‘‘American Centers’’ and Thereupon, the Senate, at 3:38 p.m., standing on how democracy, the public policy public policy schools at Russian universities and adjourned until Monday, September 23, process, market institutions, and an inde- encourage cooperative programs with univer- 2002, at 2:30 p.m. pendent judiciary function in Western societies; sities in the United States to offer courses f ‘‘(G) political parties and coalitions committed through Internet-based off-site learning centers to promoting democracy, human rights, and eco- at Russian universities; and NOMINATIONS nomic reforms; (3) support the Regional Initiatives (RI) pro- ‘‘(H) support for civic organizations committed gram, which provides targeted assistance in Executive nominations received by to promoting human rights;’’; and those regions of the Russian Federation that the Senate September 20, 2002: (E) by adding at the end the following: have demonstrated a commitment to reform, de- DEPARTMENT OF JUSTICE ‘‘(J) strengthened administration of justice mocracy, and the rule of law, and which pro- KEVIN J. O’ CONNOR, OF CONNECTICUT, TO BE UNITED through programs and activities carried out in motes the concept of such programs as a model STATES ATTORNEY FOR THE DISTRICT OF CONNECTICUT accordance with section 498B(e), including— for all regions of the Russian Federation. FOR THE TERM OF FOUR YEARS, VICE STEPHEN C. ROB- ‘‘(i) support for nongovernmental organiza- (b) RADIO FREE EUROPE/RADIO LIBERTY AND INSON, RESIGNED. JOHN FRANCIS CLARK, OF VIRGINIA, TO BE UNITED OICE OF MERICA tions, civic organizations, and political parties V A .—RFE/RL, Incorporated, STATES MARSHAL FOR THE EASTERN DISTRICT OF VIR- that favor a strong and independent judiciary; and the Voice of America should use new and GINIA FOR THE TERM OF FOUR YEARS, VICE JOHN WIL- ‘‘(ii) support for local organizations that work innovative techniques, in cooperation with local LIAM MARSHALL, RESIGNED. with judges and law enforcement officials in ef- independent media sources and using local lan- f forts to achieve a reduction in the number of guages as appropriate and as possible, to dis- pretrial detainees; and seminate throughout the Russian Federation in- CONFIRMATIONS ‘‘(iii) support for the creation of legal associa- formation relating to democracy, free-market ec- tions or groups that provide training in human onomics, the rule of law, and human rights. Executive nominations confirmed by rights and advocacy, public education with re- SEC. 6. AUTHORIZATION OF ASSISTANCE FOR DE- the Senate September 20, 2002: spect to human rights-related laws and proposed MOCRACY, INDEPENDENT MEDIA, IN THE COAST GUARD legislation, and legal assistance to persons sub- AND THE RULE OF LAW. THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT ject to improper government interference.’’. Of the amounts made available to carry out IN THE UNITED STATES COAST GUARD TO THE GRADE IN- (2) INDEPENDENT MEDIA.—Section 498 of the the provision of chapter 11 of part I of the For- DICATED UNDER TITLE 14, U.S.C., SECTION 271: Foreign Assistance Act of 1961 (22 U.S.C. 2295) is eign Assistance Act of 1961 (22 U.S.C. 2295 et To be rear admiral (lower half) amended— seq.) and the FREEDOM Support Act for fiscal CAPT. JODY A. BRECKENRIDGE (A) by redesignating paragraphs (3) through year 2003, $50,000,000 is authorized to be avail- CAPT. JOHN E. CROWLEY (13) as paragraphs (4) through (14), respectively; able for the activities authorized by paragraphs CAPT. LARRY L. HERETH and (2) and (3) of section 498 of the Foreign Assist- CAPT. RICHARD R. HOUCK CAPT. CLIFFORD I. PEARSON (B) by inserting after paragraph (2) the fol- ance Act of 1961, as amended by section 4(a) of CAPT. JAMES C. VAN SICE lowing: this Act. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ‘‘(3) INDEPENDENT MEDIA.—Developing free SEC. 7. PRESERVING THE ARCHIVES OF HUMAN TO THE GRADE INDICATED IN THE UNITED STATES and independent media, including— RIGHTS ACTIVIST AND NOBEL PEACE COAST GUARD UNDER TITLE 14, U.S. CODE, SECTION 211: ‘‘(A) supporting all forms of independent PRIZE WINNER ANDREI SAKHAROV. To be rear admiral (lower half) (a) AUTHORIZATION.—The President is author- media reporting, including print, radio, and tel- STEPHEN W. ROCHON ized, on such terms and conditions as the Presi- evision; THE ABOVE NOMINATIONS WERE APPROVED SUBJECT ‘‘(B) providing special support for, and unre- dent determines to be appropriate, to make a TO THE NOMINEES’ COMMITMENT TO RESPOND TO RE- stricted public access to, nongovernmental Inter- grant to Brandeis University for an endowment QUESTS TO APPEAR AND TESTIFY BEFORE ANY DULY net-based sources of information, dissemination for the Andrei Sakharov Archives and Human CONSTITUTED COMMITTEE OF THE SENATE. and reporting, including providing technical Rights Center for the purpose of collecting and THE JUDICIARY and other support for web radio services, pro- preserving documents related to the life of REENA RAGGI, OF NEW YORK, TO BE UNITED STATES viding computers and other necessary resources Andrei Sakharov and the administration of such CIRCUIT JUDGE FOR THE SECOND CIRCUIT. for Internet connectivity and training new Center. DEPARTMENT OF JUSTICE (b) FUNDING.—There is authorized to be ap- Internet users in nongovernmental civic organi- ANTONIO CANDIA AMADOR, OF CALIFORNIA, TO BE zations on methods and uses of Internet-based propriated to the President to carry out sub- UNITED STATES MARSHAL FOR THE EASTERN DISTRICT media; and section (a) not more than $1,500,000. OF CALIFORNIA FOR THE TERM OF FOUR YEARS. ‘‘(C) training in journalism, including inves- SEC. 8. EXTENSION OF LAW. IN THE COAST GUARD tigative journalism techniques that educate the The provisions of section 108(c) of H.R. 3427, COAST GUARD NOMINATIONS BEGINNING CHRISTINE D. public on the costs of corruption and act as a as enacted by section 1000(a)(7) of Public Law BALBONI AND ENDING STEVEN E. VANDERPLAS, WHICH deterrent against corrupt officials.’’. 106–113, shall apply to United States contribu- NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- PEARED IN THE CONGRESSIONAL RECORD ON SEP- (b) CONFORMING AMENDMENT.—Section tions for fiscal year 2003 to the organization de- TEMBER 17, 2002. 498B(e) of such Act is amended by striking scribed in section 108(c) of H.R. 3427. COAST GUARD NOMINATION OF DAVID C. CLIPPINGER.

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