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

Vol. 149 WASHINGTON, THURSDAY, FEBRUARY 6, 2003 No. 22 House of Representatives The House was not in session today. Its next meeting will be held on Friday, February 7, 2003, at 10:00 a.m. Senate THURSDAY, FEBRUARY 6, 2003

The Senate met at 9:30 a.m. and was lic for which it stands, one nation under God, EXECUTIVE SESSION called to order by the President pro indivisible, with liberty and justice for all. tempore (Mr. STEVENS). f NOMINATION OF MIGUEL A. PRAYER ESTRADA, OF VIRGINIA, TO BE The Chaplain, Dr. Lloyd John UNITED STATES CIRCUIT JUDGE RESERVATION OF LEADERSHIP Ogilvie, offered the following prayer: FOR THE DISTRICT OF COLUM- TIME Almighty God, who never sends trag- BIA CIRCUIT edies or trouble but is with us in the The PRESIDENT pro tempore. Under The PRESIDING OFFICER (Ms. MUR- midst of nerve-stretching times to give the previous order, leadership time is KOWSKI). Under the previous order, the us courage, we fall on the knees of our reserved. Senate will return to executive session hearts seeking the peace and hope only to resume consideration of Executive You can provide. When there is no- f Calendar No. 21, which the clerk will where else to turn it’s time to return report. to You. With the untimely death of the The legislative clerk read the nomi- heroic astronauts, we are reminded of RECOGNITION OF THE ACTING MAJORITY LEADER nation of Miguel A. Estrada, of Vir- the shortness of our lives and the ginia, to be United States Circuit length of eternity. The PRESIDENT pro tempore. The Judge for the District of Columbia Cir- Yesterday we listened to Secretary of acting majority leader is recognized. cuit. State Colin Powell and realized again The PRESIDING OFFICER. The Sen- that we face a treacherous enemy with f ator from Colorado. formidable, destructive power. For the Mr. ALLARD. Madam President, it is sake of the safety of humankind and SCHEDULE ironic that one of the arguments the world, grant the President, his ad- against Miguel Estrada, the President’s visors, and this Senate Your strategy Mr. ALLARD. Mr. President, on be- nominee for the D.C. Circuit Court, and strength for the crucial decisions half of the majority leader, I have some center around prior judicial experience. confronting them. information for Senators. The Senate This argument is nothing but hollow And now for the work of this day, will resume debate on the nomination political rhetoric aimed at obstructing keep the Senators and all of us who of Miguel Estrada this morning. We the Senate’s constitutional duty to work with and for them mindful that had a productive debate on the Estrada confirm judges. It is also a double You are Sovereign of this land, and nomination on yesterday afternoon, standard of the highest order. To illus- that we are accountable to You for all and it is the majority leader’s objec- trate this point, I bring a Colorado leg- that is said and done. May the bond of tive to arrive at an agreement with the patriotism that binds us together al- end to the attention of my colleagues. other side of the aisle regarding the Byron ‘‘Whizzer’’ White may have ways be stronger than any issue that consideration and vote on the nomina- threatens to divide us. You are our passed away almost a year ago, but the tion in the near future. Lord and Saviour. Amen. Centennial State will forever feel his As previously announced, there will commanding presence. Mr. White was f be no rollcall votes today. It is antici- born in Fort Collins, CO, not far from PLEDGE OF ALLEGIANCE pated that the Senate will adjourn where I live and where my family lives, The Honorable TED STEVENS led the around noon. Therefore, Senators who and was raised in nearby Wellington. Pledge of Allegiance, as follows: wish to speak on the Estrada nomina- He went on to become his high school’s I pledge allegiance to the Flag of the tion are encouraged to make arrange- valedictorian, All-American football United States of America, and to the Repub- ments to do so earlier in the day. star, college valedictorian, Rhodes

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

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VerDate Mar 15 2010 21:10 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00001 Fmt 0637 Sfmt 0634 E:\2003SENATE\S06FE3.REC S06FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2022 CONGRESSIONAL RECORD — SENATE February 6, 2003 scholar, professional football player, I suggest the absence of a quorum. the tactic of alleging that he did not and a decorated World War II soldier. The PRESIDING OFFICER. The say enough. That is ridiculous. They Noting his many significant achieve- clerk will call the roll. controlled everything. They could have ments, President John F.Kennedy nom- The legislative clerk proceeded to asked him anything, and I think they inated him to the Supreme Court in call the roll. did. Now, he didn’t say enough. 1962, saying, Byron White ‘‘excelled at Mr. DORGAN. Madam President, I The fact is that Mr. Estrada cor- everything he has ever attempted.’’ ask unanimous consent that the order rectly refused to answer questions that White, at only 44 years of age, ascended for the quorum call be rescinded. called upon him to prejudge issues that to the bench of our Nation’s highest The PRESIDING OFFICER. Without may very well come before him as a court and went on to serve for three objection, it is so ordered. judge. That is what every nominee decades. Mr. DORGAN. Madam President, I with any brains has done from time im- Why is this significant? It is signifi- ask unanimous consent that I be able memorial. No nominee wants to have cant because had President Kennedy to proceed for 20 minutes as in morning to recuse himself in a serious case later adhered to such a rigid litmus test, business. because of something he said before the Byron White would never have been The PRESIDING OFFICER. Without Senate Judiciary Committee. Well, let seated on the bench of the United objection, it is so ordered. me repeat that. The fact is that Mr. States Supreme Court. Adherence to (The remarks of Mr. DORGAN are Estrada correctly refused to answer the experience litmus test would mean printed in today’s RECORD under questions that called upon him to pre- that five of the eight judges currently ‘‘Morning Business.’’) judge issues that may very well come serving on the D.C. Circuit would not The PRESIDING OFFICER. The Sen- before him as a judge. This includes his have been confirmed because they had ator from Utah is recognized. opinion on whether established prece- no previous judicial experience—in- Mr. HATCH. Madam President, I am dent was correctly decided and how he cluding two of President Clinton’s happy to be able to take the floor this would decide these cases if he were nominees, Merrick Garland and David morning to argue in favor of Miguel working from a clean slate. Tatel, and one appointed by President Estrada. Miguel is one of the finest Lloyd Cutler, who was the White Carter, Judge Harry Edwards, who was lawyers in the country. He has arrived House chief counsel in both the Carter younger than Mr. Estrada currently is. at this position and status, where he is and Clinton administrations, and one It is obvious that the opposition to approved by the American Bar Associa- of the premier lawyers in the country— Miguel Estrada is not concerned with tion as ‘‘unanimously well qualified,’’ certainly in this town—and one of the merit or intellect. They are more con- the highest rating that the American great public servants of all time, in my cerned with partisan politics. Their Bar Association can give. He has had opinion, put it best when he said: work is concentrated on holding our his critics, but only in generalized [I]t would be a tragic development if ide- Nation hostage to their rigid ideology, terms. He has had his critics who I ology became an increasingly important con- unprecedented in the consideration of don’t think have a leg to stand on in sideration in the future. To make ideology judges. While caseloads in the Federal the criticism they are raising. an issue in the confirmation process is to courts continue to increase dramati- One of the more ridiculous assertions suggest that the legal process is and should cally and filings reach all-time highs, that I have heard about Miguel is that be a political one. This is not only wrong as he was not especially or sufficiently re- a matter of political science; it also serves to the opposition pursues an agenda of ob- weaken public confidence in the courts. Just struction, aimed at disrupting the jus- sponsive at his hearing and therefore as candidates should put aside their partisan tice that is guaranteed by our Con- we need to have a second hearing to political views when appointed to the bench, stitution, and creating a vacancy crisis evaluate him. Keep in mind, the Demo- so too should they put aside ideology. in the Federal courts. Chief Justice crats were in control of the Judiciary This is Lloyd Cutler, who was chief William Rehnquist recently warned Committee. They called the hearing, White House counsel for Presidents that the current number of vacancies, they controlled the hearing, they con- Carter and Clinton. He goes on to say: combined with the rising caseloads, trolled the timing of the hearing, they To retain either is to betray dedication to threatens the proper functioning of the controlled the time for questions by the process of impartial judging. Men and Federal courts. Senators. And at least one Democrat women qualified by training to be judges This is a time in our Nation’s history said the hearing was conducted in a generally do not wish to and do not indulge when our courts ought to be fully up fair and responsible manner, and I per- in partisan or ideological approaches to their and functioning. It is a time when sonally agree with that. Senator SCHU- work. there are lots of national security con- MER was the person who chaired that Mr. Cutler concluded: cerns centered around terrorist particular hearing. I give him a lot of Candidates should decline to reply when ef- threats. These extraordinary delays credit because it was a fair hearing and forts are made to find out how they would must end. Miguel Estrada is a highly they asked every question they wanted decide a particular case. qualified and respected individual who to ask. I agree with him, and so did all the deserves the Senate’s consideration. Secondly, after the hearing, on the Democrats on the committee when Mr. Estrada is a man of legal experi- Judiciary Committee we have a right President Clinton’s nominees came be- ence, a man of keen intellect and to ask questions in writing. Only two fore the committee. Now all of a sud- strong character. He has argued 15 Democrats asked questions in writing. den, they are applying a double stand- cases before the Supreme Court and Miguel Estrada had waited 631 days be- ard or a different standard to Miguel has served both as a Federal prosecutor fore he was given the privilege of hav- Estrada and, I might add, other Repub- and Assistant United States Solicitor ing a hearing. Then the hearing was lican nominees who are coming before General. If confirmed, he will be the held. the committee. first Hispanic to serve on the DC Cir- Now we are hearing the same old We should be commending Mr. cuit. I think that is significant. And he wornout complaints that he wasn’t suf- Estrada for refusing to take the bait will be a principal asset to our system ficiently responsive and that, there- and answer these questions. Instead he of justice. fore, we need a second hearing to is being criticized for it and, I think, in Miguel Estrada has received the evaluate him. the view of any impartial observer, is highest rating from the American Bar Since Mr. Estrada didn’t say any- being criticized unfairly for one reason: Association. He has received strong thing at the hearing that could be used They just do not want a Republican support from those who know him the to besmirch him—that is the real prob- conservative Hispanic to sit on the Cir- best—the Hispanic legal community, lem; they could not find anything cuit Court of Appeals in this country. including the Hispanic National Bar wrong with him; there is not one thing That is wrong. We all know it is wrong, Association. I believe he has earned a that anybody has said, other than gen- and yet that is what is behind much of vote in the Senate. He has earned my eralizations, that has any merit at the antagonism toward Mr. Estrada. respect and my support, and I plan to all—since they could not find anything As a fundamental matter, I am per- vote for Miguel Estrada. at his hearing that could be used to plexed by the charges that Mr. I thank the Chair. criticize him, his opponents resorted to Estrada’s record is blank. That is what

VerDate Mar 15 2010 21:10 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00002 Fmt 0637 Sfmt 0634 E:\2003SENATE\S06FE3.REC S06FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 6, 2003 CONGRESSIONAL RECORD — SENATE S2023 we call bullcorn out in Utah. The truth stand important lawyers and under- the Second Circuit Court of Appeals in is, Mr. Estrada’s record is replete with stand the success of lawyers—working 1961. Justice Marshall had served in material we used to evaluate his quali- with one of the most important law private practice and as special counsel fications for the bench and how he firms in the country as a full partner, and director of the NAACP prior to his would go about deciding cases. He has and he has both Democrat and Repub- appointment. I do not think anybody written numerous complex and thor- lican partners. I might add, some of the would doubt he made a very important ough briefs for the courts, and he has leading people in support of Mr. contribution to the jurisprudence of argued on a wide range of subjects. Estrada today are Democratic attor- this country. His briefs, all of which are publicly neys—not just attorneys, but top attor- Several well-respected members of available—and I know the Democrat neys—and we have mentioned them, the DC Circuit, including two of Presi- staffers have pored over every one of from Ron Klain to Seth Waxman, Klain dent Clinton’s three appointments to them—provide tremendous insight into having been Vice President Gore’s chief that court, arrived with no prior judi- his legal reasoning and thinking on counsel, both as Vice President and in cial experience. constitutional and statutory interpre- his campaigns. Ron Klain used to work Merrick Garland: I have a lot of re- tation. His achievement of having ar- on the Judiciary Committee as one of gard for Merrick Garland. I helped to gued 15 cases before the U.S. Supreme the top judiciary staff people. He is an see him get through when there was Court provides a record of how he has excellent lawyer and a wonderful per- some opposition to him. He was a Clin- responded to focused interrogation on son. We all care for him. I personally ton appointee. He served at the Depart- the most important matters to Amer- care for him, and one reason I do is be- ment of Justice and was in private ica’s highest court. The transcripts cause he is honest, not just honest practice. He was never on the bench from these oral arguments are also enough to say how good Miguel prior to his appointment. publicly available. Where is the legiti- Estrada is and to back him, but honest David Tatel, also a Clinton ap- mate complaint by the other side about in his dealings in legal matters as well. pointee, had served in private practice this blank-slate business? for 15 years prior to his appointment. Still further, Mr. Estrada not only I have a lot of respect for him. Seth In fact, only three of 18 judges con- said at his hearing he would support es- Waxman is one of the premier lawyers firmed to the DC Circuit before Presi- tablished law, but he proved this when in the country, no question about it. dent Carter’s term began in 1977 pre- he wrote an amicus brief at the Solic- He knows I have a lot of respect for him, and it is not just because of work viously served as judges. itor General’s office in support of the For example, Abner Mikva, appointed National Organization for Women. I do on the Judiciary Committee. He is a by President Carter, was in private not hear any compliments from the fine lawyer, one of the best and former practice for 16 years in Chicago, served other side on his work there. His sup- Solicitors General of the United States in the Illinois Legislature and in the port of a law that backed a reproduc- in the Clinton administration. U.S. Congress and had no judicial expe- tive choice side in that case indicates Some have advanced the prepos- rience prior to his appointment in 1979 there is no reason to expect he would terous argument that Miguel Estrada to the Circuit Court of Appeals for the not follow Roe and Casey as a DC Cir- is not qualified to serve on the DC Cir- District of Columbia. cuit Court judge, and yet that has un- cuit because he has no prior judicial Other Democrat-appointed DC Cir- derlined many of the complaints by my experience. That is one of the most ri- cuit judges with no prior judicial expe- friends on the other side. They are so diculous arguments of all. Of all the ri- rience include Harry Edwards, Patricia afraid that somebody on these Circuit diculous arguments his opponents have Wald, and notably Ruth Bader Gins- Courts of Appeals might possibly do drummed up, to me this is the most lu- burg, now sitting on the Supreme something to overrule Roe v. Wade or dicrous. There are literally hundreds of Planned Parenthood v. Casey, two very examples of judicial nominees who Court. Several other Clinton appointees to important abortion cases. have gone on to serve as great Federal I have not heard one President Bush judges at both the Court of Appeals and the Courts of Appeals received their ap- nominee say he or she will not uphold Supreme Court levels despite having no pointments despite having no prior ju- the laws of this land, including Roe v. prior judicial experience. dicial experience: Ninth Circuit ap- Wade and Planned Parenthood v. Chief Justice Rehnquist in his 2001 pointees Richard Tallman, Marsha Casey. The truth is, many on the other yearend report on the Federal judiciary Berzon, Ronald Gould, Raymond Fish- side have not even liked Planned Par- noted: er, William Fletcher—who was a law enthood v. Casey because it does take a The Federal judiciary has traditionally professor at Boalt Hall at Berkeley— more moderate position with regard to drawn from a wide diversity of professional Margaret McKeown, Sidney Thomas, abortion. Now it is the law of the land backgrounds with many of our well-re- and Michael Hawkins all had no judi- and, of course, it is one of the cases spected judges coming from private practice. cial experience prior to taking the they certainly do not want to have Such Justices included Louis Bran- bench. overruled. deis, who spent his whole career in pri- Seven of these eight, all but Fletch- Mr. Estrada’s opponents are so eager vate practice before he was named to er, were in private practice when they to distort his record that they do not the U.S. Supreme Court in 1916 and were nominated by President Clinton. mention this case or any one of many came to be known as ‘‘the people’s at- Second Circuit appointees Robert other cases which reveal his legal rea- torney’’ for his pro bono work. Katzmann, Robert David Sack, and soning and willingness to follow the Supreme Court Justice Byron Chester Straub had no judicial experi- law. White—I knew Byron White very well. ence prior to their appointments. Third It needs to be explained to everybody He was very friendly to me throughout circuit nominee Thomas Ambro, that not only do they have access to all my career. He spent 14 years in private Fourth Circuit nominees Robert King these briefs he has written, both in the practice and 2 years at the Justice De- and Blane Michael, and Sixth Circuit Supreme Court and other courts of the partment before his appointment to nominee Eric Clay and Karen Moore land, but they could have asked any the Court by President Kennedy in also had no prior judicial experience. question they wanted of Mr. Estrada. 1962. He is a wonderful man. Byron What is the point? Is it that it is all Any member of the committee can do White served this country well and his right for Democrat Presidents to ap- that. Some may be ill-advised and not memory will always be a good memory. point people without prior judicial ex- very fair, but we allow them to ask any Byron White moved from the left to perience, who become very good judges questions they want. Then they can the center to even a little bit to the on the bench, but it is not all right for ask any questions in writing. In almost right on the Court, and that did not Republican Presidents to do so? Is it every case, Mr. Estrada asked to meet please a lot of our friends on the other all right to have more moderate-to-lib- with individual Senators beforehand so side. eral appointees who have never had they could meet privately and ask any Supreme Court Justice Thurgood any judicial experience, but it is not all questions they had. Marshall had no judicial experience right to have moderate-to-conservative Mr. Estrada today is known all over when President Kennedy recess-ap- appointees appointed by a Republican the country by those who really under- pointed him to his first judgeship in President? It is all right to have liberal

VerDate Mar 15 2010 21:10 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00003 Fmt 0637 Sfmt 0634 E:\2003SENATE\S06FE3.REC S06FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2024 CONGRESSIONAL RECORD — SENATE February 6, 2003 Hispanics appointed to the courts—I not being very fair, when there was they can raise that might make the agree with that—but it is not all right bias and bigotry, but there is none of process better in some cases or that to have a Republican Hispanic who, that now. I think they are doing a ter- might scuttle a President’s nominee in perish the thought, Democrats think rific job now, and as long as they do it other cases. There is a lot of partisan- may be conservative? fairly and down the middle, without ship sometimes. That is not all bad be- Given this illustrious group of former bias and without being political, they cause we want the best people we can practitioners like Mr. Estrada, who are going to have my support, and I get to serve on the Federal bench in were not Federal judges, I find it hard support them right now. But we then this country. to swallow that Mr. Estrada’s lack of have the American Bar Association This editorial indicates this is just a prior judicial service should somehow look into these people and they go steamrolling of nominees. Now, that is be counted as a strike against him. right into the person’s hometown. crazy. In the case of Estrada, his nomi- I noticed this morning in the New They talk to the attorneys who know nation has been pending for 631 days, York Times—now, I read the New York him. They talk to their top attorneys having had every aspect of his life Times regularly. It is a very important whom they know are people of integ- combed over and because they cannot paper in this country, and I have a rity and ability and leaders in the bar find anything to smear him with or great deal of respect for most of the in their community. They talk to just find fault with—it depends on who the people who work at the New York about everybody who has any interest person is—or to criticize, all of a sud- Times, but their editorial department in the nominee, and this has all been den he is being steamrolled. has been almost amazingly inac- done for Mr. Estrada. Then they sit Well, 631 days is almost 2 years. It is curate—not almost amazingly, it has down and they have their standing way too long. I have to admit, there been amazingly inaccurate. committee make an evaluation of were some mistakes when I was chair- Today, they have an editorial dated these nominees. man during the Clinton years, but no- February 6, 2003, entitled ‘‘Steam- These evaluations are tough evalua- body should doubt for a minute that rolling Judicial Nominees.’’ They say: tions, especially on those who do not President Clinton was treated fairly. President Reagan was the all-time con- The new Senate Republican majority is come out of them very well. In this ushering in an era of conveyer-belt confirma- case, Mr. Estrada has a ‘‘unanimously firmation champion with 382 judges tions of Bush administration judicial nomi- well-qualified’’ rating from the Stand- confirmed in his 8 years, and he had a nations. No matter which party holds the ing Committee of the American Bar Republican Senate to help him do it. gavel, the Federal courts are too important Association—I should say from the President Clinton had virtually the for the Senate to give short shrift to its con- American Bar Association because same number, 377, as the all-time stitutional role of advice and consent. they represent the whole bar. That is champion, and he had 6 years of an op- I agree with that. I do not think we something that does not always hap- position party to help him do it. I should give short shrift to any degree. pen. In fact, it does not happen very know. I was the chairman during that These are important positions. They often, to have ‘‘unanimously well- time, and I did everything I could per- are lifetime appointments. We ought to qualified.’’ sonally to help the President because do a thorough examination of them. All of that is unbelievably difficult he was our President. There was only So everybody understands, and I for the nominee. The nominee has to one person voted down in that whole want the New York Times editorial sign a disclosure form that just about time, and I have to admit I do not feel board to understand, before a person lays bare everything in that nominee’s good about that. And there were less even comes up to the Senate, that per- life. One can see why some people do people left holding at the end than son has been evaluated by the White not even want to become judges any- there were when Democrats had con- House, by the White House Counsel’s more. Some of the greatest lawyers in trol of the committee. Office, by the Justice Department. the country, who would serve on the Going back to this editorial, because I want to help my friends at the New There has been a complete FBI review bench, do not want to go through this York Times to be a little more accu- of that person’s life. The FBI inter- process. The investigation of the nomi- rate—frankly, I think they can use views just about everybody who wants nee includes Finances and everything, some help because their editorials, es- to be interviewed and some who do not it is all laid out; cases are laid out. pecially in this area, have been awful. want to be interviewed. The interviews They are asked questions that are very range from people who love the can- And this is a perfect illustration. intrusive into their lives. I think the Going to the second paragraph: didate or the nominee to people who questionnaire is too strong, but it has hate his or her guts. Republicans on the Judiciary Committee been very difficult to change over the held a single hearing last week for three con- There are people who make scur- years. That is what they go through. troversial appeals court nominees. rilous comments, all kinds of anony- Then they are nominated. The Judici- Just for information, that was Jef- mous things. These are raw reports ary Committee then starts its work, frey Sutton. That was John Roberts, that come into the FBI file. They re- and we go through every one of these and a wonderful woman named Cook— port it all. Then it comes to the Judici- documents. Sutton and Cook and Bill Roberts from ary Committee, and the chairman and We go through that FBI report with a DC Court of Appeals. ranking member and our staffs go fine-tooth comb. If there is anything By the way, all three are well known. through those FBI reports with a fine- left undone, we then ask the FBI to fol- Sutton is one of the top appellate law- tooth comb. low up. We do not leave anything un- yers in the country; Roberts, who was To the credit of both the Republicans done to the extent that we can. If there considered if not the top, one of the and Democrats—or Democrats and Re- are some particular problems, we bring two top appellate lawyers before the publicans, I should say—both sides both sides of the Judiciary Committee Supreme Court of the United States; have worked very well to get rid of the together and tell them these are prob- and Cook is a Supreme Court justice in chaff and to do what is in the best in- lems. We disclose it to the members of Ohio. terest of this country and to be fair to the Judiciary Committee. The ranking Republicans on the Judiciary Committee these nominees. That is a very arduous member will disclose it to his side. The held a single hearing last week for three con- process. The minute they decide to Chairman discloses it to his or her side. troversial appeals court nominees. There was pick one of these people, or even maybe Once that is done, then we set it for no way, given the format, for Senators to before sometimes, they then tell the a hearing. The hearings usually do not consider each nominee with care. American Bar Association—not be- last days at a time for circuit court We held one of the longest hearings cause they have a formal role in the nominees or district court nominees. ever on record, from 9:30 in the morn- process but because we want to have They are generally a 1-day affair, as ing until 9:30 that night. I was willing the leading bar association in the coun- they should be, because we have all to stay longer. I told the Committee we try involved. At least the Democrats this information. Anybody can cull would finish that hearing that day and have always wanted to have them in- through all that information, and their I would stay as long as it took. volved. I have to admit I did not want staffs really do. Sometimes they are There was no way, given the format, for to have them involved when they were looking for dirt, looking for things senators to consider each nominee with care.

VerDate Mar 15 2010 21:10 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00004 Fmt 0637 Sfmt 0634 E:\2003SENATE\S06FE3.REC S06FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 6, 2003 CONGRESSIONAL RECORD — SENATE S2025 A fourth nominee had a hearing yesterday, one that is good, is settled before it tion.’’ Give me a break. He did answer. and a fifth is likely to have one next week. gets to court. It is only the hard cases He said that he would apply the law re- What is wrong with that? They have that basically have to be tried. And in gardless of his personal viewpoints. been sitting there for months and many instances, those cases are not This is a man who argued the case for months and they are high-quality peo- good cases. Some on the other side NOW. Who knows where he stands—I ple. They have gone through this hor- seem to think, well, she sides with cor- don’t know. All I can say is that is a ri- rendous process to get to where they porations. My gosh, she sides with who diculous statement. I guess editorials have a hearing. is right. And that is what we should do. can be ridiculous, but this one is par- During the Clinton years, the committee Admittedly, sometimes it was a dis- ticularly. took six months or more to consider the sent, and she was known for the dis- Meanwhile, the White House refused to number of appeals court nominees this com- sent. That is not bad. Dissenting judges hand over memos Mr. Estrada wrote as a mittee is hearing from in two weeks. play a noble role. You can disagree government lawyer that could have shed I would add that many nominees with cases but you cannot disagree light on his beliefs. have been waiting longer, not 6 months with her integrity. No one would at- They wanted memos on that side be- or more, 2 years, in the ones we have tack her integrity. cause they could not find anything else to give him a rough time about. They called up. In one case she maintained that a worker By the way, Mr. ROBERTS had been whose employer lied to him about his expo- wanted memos on that side from the sitting there since 1990 or 1991 or 1992. sure to dangerous chemicals should not be Solicitor General’s office and seven I know he has been sitting there for at able to sue for his injuries. former Solicitors General, four of least 11 years. He has been nominated That is the most oversimplification I whom are Democrats, came in and said three times. This is too much of a have ever seen. It is wrong. that would be a very inadvisable thing rush? Give me a break. They took a lot Jay Bybee, who was heard from yesterday, to do because it would chill the work of longer than 6 months to consider the has argued that United States senators the Solicitor General’s office. People Bush nominees. should be elected by state legislators, not would not give their honest opinions if The nominees being whisked through all the voters. they knew that later they would be pil- have records that cry out for greater scru- That is purely wrong; it is bunk. The loried with those in the Senate of the tiny. fact is, this system we have is a good United States. I have covered how scrutinizing we system. But we know one time Sen- Meanwhile, the White House refused to ators were elected by State legisla- hand over memos Mr. Estrada wrote as a are in the committee. We do not miss government lawyer that could shed light on anything. My friends on the other side tures. He has expounded on that. his beliefs. do not miss anything. We don’t either. Questions have also been raised about Mr. Estrada said it would have been whether, as a White House aide, Mr. Bybee One, Jeffrey Sutton, is a leading states’ all right with him. He is proud of his rights advocate who in 2001 persuaded the attempted to suppress a criminal investiga- tion of financing of Iraqi weapons purchases. work. Supreme Court to rule against a nurse with I have to say that the greater ap- breast cancer on the ground that the Ameri- Come on. That is totally bunk. They proach would be to recognize that cans With Disabilities Act does not apply to have not talked to Mr. Bybee and given state employers. there are some things that have to be him any consideration. That, first, privileged. As I say, all seven living I was one of the authors of the Amer- should never have been disclosed. But former Solicitors General have said icans with Disabilities Act. I was not it was. And not one person asked a that. enthused about that case. But the fact question about it. I am sure they will ‘‘The Bush administration is natu- is, it was a legitimate legal matter and say they were watching Colin Powell’s rally going to nominate candidates for he had every right to represent the speech. I was not. I was sitting there in the bench who are more conservative States in that matter. The attitude committee, making sure they had a than some Democrats would like,’’— around here is, if he represented the chance to ask any questions they want- that is fair—‘‘and the Republican ma- States, it must have been wrong. Or, if ed. We delayed the committee until jority in the Senate is going to approve he represents big corporations, he must after Colin Powell finished to enable them.’’ That is fair. ‘‘That does not be wrong. any Democrat to come, and at least mean, however, that the administra- Sometimes the States are right. two said they would come, to come tion should be allowed to act without Sometimes the corporations are right. back and question. They did not come scrutiny,’’—that is not fair, because it Mr. SESSIONS. Will the Senator back. is tremendously scrutinized—‘‘and yield? The committee’s new leadership showed pack the courts with new judges who There is some statement in there similar recklessness when it waved Miguel hold views that are out of whack with that sounds odd to me. They criticize Estrada through on a straight party-line those of the vast majority of Ameri- Mr. Sutton for persuading the Supreme vote. cans.’’ Court, like it is something bad. And I What are we suppose to do if the Now, come on. make a note that the Supreme Court other side plays politics with the We fear that that is what the hasty hear- ruled with him and agreed with his po- judges? They did not have one good ar- ing process is trying to— sition. gument through the whole process, and Come on. Hasty—631 days before he I know the Senator is so knowledge- we have had a horrendous process to even gets a hearing with all of that able about these issues. I just ask, Is begin with that took 631 days before he scrutinization that has gone on? It is there something wrong, is it disquali- came to the committee. The only rea- not fair. This editorial is not fair. fying for an attorney to prevail on the son he came then was because the Re- I call on my friends at the New York Supreme Court? publicans took control of the Senate. Times: be fair about the judges. I know Mr. HATCH. Apparently to the New Thank goodness for that or he would the paper is more liberal than I, and I York Times. The fact is, that case was never have come up. He would never expect you to be more liberal. But I ex- written by the Supreme Court. He ad- have had a chance. We all know it pect you to be fair. This business about vocated, as any advocate, and he was around here. three judges being called at one time— representing, as I recall, one of the ‘‘Mr. Estrada, a conservative law- they have been sitting there for 631 States. yer’’—who knows if he is. I don’t know days or more; actually more. They Another, Deborah Cook, regularly sides, as his ideology. I know he is a great law- have been sitting there since May 9, a state judge, with corporations. yer. And I presume, as I am sure the 2001. They have been scrutinized to Oh, my goodness. You mean we have President does, that he is probably death. We gave every opportunity to somebody who will be on the Federal moderate to conservative. question and every opportunity to file bench who occasionally finds corpora- ‘‘Mr. Estrada, a conservative lawyer additional questions. tions might be right? What a terrible with almost no paper trail,’’—I just By the way, I remember during the thing that must be, that corporations made the case there is a paper trail on Carter years, when Senator KENNEDY are right? Let’s be honest about it. A him—‘‘refused to answer senators’ was chairman of the committee, if I re- lot of employment cases, almost every questions on crucial issues like abor- call correctly we had seven circuit

VerDate Mar 15 2010 21:10 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00005 Fmt 0637 Sfmt 0634 E:\2003SENATE\S06FE3.REC S06FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2026 CONGRESSIONAL RECORD — SENATE February 6, 2003 nominees on one hearing. Is it wrong should be held up, why he does not of the nominees we had last week who for Republicans to try to move these qualify for the bench, and why there is were nominated with him in May 2 judges after all of these delays when something wrong with an individual years ago got their first hearing just they have the opportunity to do so, but who was given the highest possible rat- last week. He was not part of that not wrong for the Democrats to move ing, unanimously, by the American Bar group. the judges they want moved when they Association. Mr. Estrada came to this country at have control of the White House and Having said that, I withdraw my ob- 17. He went to Columbia College where the Judiciary Committee? I don’t think jection to the unanimous consent re- he graduated with honors magna cum there should be a double standard. I quest. laude. Then he went on to Harvard Law wanted to move as many of those May The PRESIDING OFFICER. Without School. He grew up in Honduras. His 9 judges as we could. If you will take objection, it is so ordered. The Senator mother came here. She could not speak note, the next week we had only one from Washington. English. He has done exceedingly well. and that was Jay Bybee. That was this (The remarks of Mrs. MURRAY are He is a tremendous American success week. And next week we will probably printed in today’s RECORD under story. He is a great American, the kind only have one more. ‘‘Morning Business.’’) of person we all respect because of his We are doing the best we can to try Mrs. MURRAY. I yield the floor. merit, his humility, his strength of help solve judicial problems in this The PRESIDING OFFICER (Mr. character, his hard work, and his intel- country. Just for the information of BURNS). The Senator from Alabama. lect. the New York Times, there are around Mr. SESSIONS. Mr. President, I as- After going to the Harvard Law 25 judicial emergencies in this coun- sume we are on the business of the School, which many consider the most try—emergencies. The Circuit Court of Estrada nomination. prestigious law school in the world, he Appeals for the District of Columbia is The PRESIDING OFFICER. The Sen- not only finished at the top of his one. The Sixth Circuit Court of Appeals ator is correct. class, he was chosen to be editor of the in Ohio is another. We need to do some- Mr. SESSIONS. Mr. President, that Harvard Law Review. The editor of the thing about that if we want justice in is the pending business before the Sen- Harvard Law Review or any law review this country, if we want to have cases ate today. It is a matter of importance. at a good law school is considered to be heard and tried and resolved—and that The Court of Appeals of the United one of the most outstanding honors a is what we want. That is what good States are important judicial offices. graduate can have. It is probably more lawyers want, fair judges who will fair- We need good people for those offices. significant in the minds of many peo- ly listen to their case and give them a There is no doubt in my mind that ple than who had the highest grade fair trial. And these judges will. That Miguel Estrada is one of the finest point average, who finished No. 1 in the is why they are so highly rated by the nominees we have seen in years. He has class. Being editor of the law review is American Bar Association and that is an impeccable record, with extreme ca- something you are chosen for by your why Miguel Estrada has the highest pability, and wonderful integrity. He classmates and the faculty. It is a rating possible. had a great demeanor in the committee great honor. It requires exceptional I think it is time for the New York when he testified. So I am very im- academic excellence. He finished Times to be more fair in its reporting pressed with him. magna cum laude at Harvard. It also on these judges. I noticed the day be- It is very disturbing to me that we requires leadership skills and analysis, fore they were reporting as though would have a blockage, an obstruction the kind of skills that most people Paul Bender’s opinion really amounted being carried on here by the members think make a good lawyer. He was suc- to something. It may in some areas, of the Democratic Party. They stalled cessful in that. but certainly I think the opinions he him in committee. They failed to give After doing that, he was an assistant gave at the Solicitor’s office are more him and several other superb President U.S. attorney in the Southern District important than politically motivated Bush nominees to the court of appeals of New York. I was an assistant U.S. opinions that he gives later as a liberal a hearing at all—over 600 days. It attorney in my prior life, and a U.S. at- Democrat—and, I might add, a very lib- would have been 2 years in May since torney. But those in the Southern Dis- eral Democrat. they were nominated, and there was trict of New York, rightly or wrongly, I have taken enough time. I yield the not a hearing even held. considers themselves to be the premier floor. So when the majority switched, Sen- U.S. attorney’s office in the country. The PRESIDING OFFICER. The Sen- ator HATCH had hearings on Mr. They hire only the highest achieving ator from Washington. Estrada. I thought he testified just su- assistant U.S. attorneys. They are very Mrs. MURRAY. Madam President, I perbly, with such a winning manner. proud of that. Just being chosen at ask unanimous consent to speak as in He is a low-key person, but he has a that office is a great honor. I would morning business for 25 minutes. brilliant mind. He analyzed the ques- suspect there are more than 100 appli- The PRESIDING OFFICER. Is there tions carefully, and gave responsible cants for every vacancy they have. It is objection? answers time and again in a way that an office that handles complex mat- Mr. SESSIONS. Madam President, re- few could disagree with, in my view. ters. Some of the biggest financial and serving the right to object, I assume If we are going to slow down the international matters often get han- the Senator will be speaking on a sub- work of the Senate, if we are going to dled in the Southern District of New ject other than the Estrada nomina- stop what we are doing to talk about a York. tion? nominee for the court of appeals, I While he was there, he became active Mrs. MURRAY. That is correct. would like to hear people step up to the in and chairman of the appellate litiga- Mr. SESSIONS. I will say, I was down plate and talk about that nominee. tion section. That means he wrote here to speak on the Estrada nomina- Let’s see what the problems are. I briefs that would be presented to the tion. I think the individuals who op- haven’t seen them. We have had two Second Circuit Court of Appeals in New pose him say they want to talk about speakers today from the other side who York. The Second Circuit is considered it. I would like to hear what they have talked about asbestos and hydrogen one of the great circuits in America. So to say. This morning there is nobody automobiles, not the subject at hand. he was chosen to represent the United down from the other side, the opposi- We have agreed to that. I don’t know States in the attorney’s office, to write tion, to speak against him. I don’t how long we ought to agree to that. their appellate briefs before one of the know what they could say if they Maybe we should just say, if you want great circuit courts. came. So it is frustrating to me. to slow down the Senate, then so be it. One reason he was chosen for that is I know the Senator has some issues We will just talk about that day after that Miguel Estrada, after graduating she cares about deeply and wants to day. I am concerned about that. from Harvard, clerked for a U.S. Court talk. I suppose that is appropriate at I did misspeak in saying that Estrada of Appeals judge for the Second Circuit this time, although in reality I think didn’t have a nomination hearing there in New York and had a good we ought to be engaged in a debate under the Democratic majority. He did record. After having clerked for the about this nomination and why it get a hearing late in the process. Three Second Circuit, he was chosen to be a

VerDate Mar 15 2010 21:10 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00006 Fmt 0637 Sfmt 0634 E:\2003SENATE\S06FE3.REC S06FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 6, 2003 CONGRESSIONAL RECORD — SENATE S2027 clerk for the U.S. Supreme Court, Jus- preme Court. You could count on both fied rating. Very few people get the tice Anthony Kennedy. hands probably the number of prac- well-qualified rating. This is what it For lawyers graduating from Har- ticing lawyers today who have ever ar- requires to get it, according to the vard, or from any law school in Amer- gued 15 cases before the Supreme ABA manual: ica, being chosen to be a law clerk for Court. To merit a rating of well qualified, the a Justice on the Supreme Court is an That is a reflection of the confidence nominee must be at the top of the legal pro- exceedingly great honor. It is sought that clients and his law firm had in fession in his or her legal community . . . by thousands and thousands, and very him. This isn’t politics. When you have The ‘‘top’’ of the profession . . . few are selected. He was selected be- a big case before the Supreme Court of . . . have outstanding legal ability, cause of his excellent record, his back- the United States and you have to have breadth of experience, the highest reputation ground, and expertise. It is a great somebody there arguing that case, you for integrity, and either have demonstrated compliment to him that he was chosen don’t want second rate, you want the or exhibited the capacity for judicial tem- to clerk for Justice Anthony Kennedy, best person you can get. The Supreme perament. who is considered to be a swing Justice Court hears less than 100 cases per That is what is required for a person on the Court. year. They select only a very few. to get the well-qualified rating. They After that, he went to the U.S. attor- Whenever your case is chosen for the have 15 of so lawyers study and talk to ney’s office, where they prosecute Supreme Court, there is no doubt about judges and to the lawyers in the firm criminal cases and work on the appeals it, the clients start looking around for with the person, and they talk to law- that arise from those kind of cases and superior appellate lawyers to represent yers on the other side of cases from the other matters relating to U.S. litiga- their interests in a case that may set nominee; they make the nominee list tion in court. That is what they do national policy for generations to the top 10 or so cases they have han- there. He did a good job there. come. We still cite many of those Su- dled, and they talk to the lawyers and Then he was chosen to come to the preme Court cases time and again to judges to see how well they performed Solicitor General’s Office of the U.S. indicate the importance of them and in handling those cases, and so forth. Department of Justice. Inside the De- how much they impact our daily lives. When all of that was done, Miguel partment of Justice, one of the oldest So he was chosen 15 times to appear be- Estrada was unanimously voted well Cabinet positions in our Government, fore the Supreme Court. I think that is qualified, which is the highest possible one of the founding Cabinet positions, a tremendous testament to his merit, rating for the court of appeals. In fact, there is the Litigation Division. Inside his capability. he is one of the finest young lawyers in the appellate litigation section is the I will tell you something else. You America today, a man of extraordinary Solicitor General’s Office. The Solic- don’t hotdog before the Supreme Court capabilities, and I think a man who itor General has often been referred to of the United States. You have to know would be perfect for the court of ap- as the Government’s lawyer. The posi- what you are talking about. You have peals. He will be handling cases in a tion of Solicitor General has been to be disciplined and you must under- number of different aspects. These will called one of the finest lawyer jobs in stand the rulings of the Supreme be the kinds of matters he has spent the world, because the Solicitor Gen- Court, how they impact the case at his life handling, because the kinds of eral and his team get to appear before hand, and you have to argue to the Jus- cases they have here in DC are cases he the Supreme Court and represent the tices within the realm of their existing has worked with both as an Assistant United States. philosophy and the existing status of U.S. Attorney when he represented the I used to be thrilled when I could the case law as to why you think your United States of America, and at the stand in a courtroom in the Southern client should prevail or why the oppo- Solicitor General’s office, and also the District of Alabama and say: I rep- nent should not prevail. That is a great kind of appellate cases he has had in resent the United States of America. compliment to him. private practice before the Supreme The United States is ready, Your Now, for some time, our Democratic Court. I am proud of him. I have ob- Honor. colleagues have complained we did not That was a great honor for me. To be served no complaint that in any way give enough prominence to the opin- able to do that in the highest court in damages his qualities and capabilities. Miguel Estrada has support across the land and represent the United ions of the American Bar Association. the aisle from Democrats and Repub- States before the Supreme Court is a They evaluate judges. They are not any licans. He is the kind of person who premier honor for any lawyer. official body. The American Bar Asso- Miguel Estrada was chosen for that. ciation is just an institution out there ought to move forward. I remain ut- He served over 5 years in that capacity. that does legal matters and represents terly baffled about why such a fine During that time, overwhelmingly, he lawyers as a group. They evaluate nominee would be given the kind of served in the Clinton Department of these judges. So they want to do it and grief he has gotten so far, and to be Justice. During that time, every single they do it. They have every right to do held up the way he has been held up, year while he served in the Department it. I, frankly, value their opinions. I and how people say they are going to of Justice, he got the highest possible have always thought they were good. fight it for weeks, perhaps. I hope that evaluation that the Department of Jus- Some have felt they were biased a bit is not so. I hope we don’t have a fili- tice evaluators give—year after year. to the left. The positions the ABA buster. At the time the Republicans They said he was cooperative, a leader; takes at conferences consistently are had the majority in the Senate, and he inspired other lawyers to do their liberal positions, which irritates a lot when President Clinton was nomi- best. They said he followed the policies of lawyers and conservatives in the nating judges, we never had a fili- of the Department of Justice, not country. They have felt the ABA could buster. During that time, we confirmed someone running off doing independent not be trusted to evaluate judges objec- 377 of President Clinton’s nominees and things and nutty things. tively. In fact, I have noted some tend- voted only one down. Not one nominee He was a solid, committed attorney ency to be less favorable to conserv- was ever blocked in committee, and in to the Solicitor General’s Office, to the ative judges than to liberal judges, but less than 2 years we have had two ideals of the Solicitor General’s Office. I feel their contributions are valuable— nominees blocked in the committee al- He was commended in his evaluations I always have—and I continue to be- ready, when the Democrats had the for following the policies of that office. lieve they are valuable. So that was a majority. That is quite an achievement. He left complaint from our friends on the Regardless of that, this nominee there and joined the prestigious law other side of the aisle, that we ought to ought to move forward. He is the kind firm of Gibson, Dunn & Crutcher, one listen to them more. of person we need on the bench. We of the great law firms in the world, no The ABA has reviewed Miguel should celebrate the fact that an indi- doubt. He has been highly successful Estrada’s nomination. They have con- vidual of his quality, with his potential there, and the President has now nomi- ducted a thorough review of it. They to create high income in one of the fin- nated him for the court of appeals. give several different kinds of ratings. est law firms in the country, right here He has, in the course of his career, They give ratings of nonqualified, un- in one of the most prestigious practices argued 15 cases before the U.S. Su- qualified, qualified, and a well-quali- in the country, is willing to give that

VerDate Mar 15 2010 21:10 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00007 Fmt 0637 Sfmt 0634 E:\2003SENATE\S06FE3.REC S06FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2028 CONGRESSIONAL RECORD — SENATE February 6, 2003 up for public service because he loves The Senators are exercising their We simply ask that the President nomi- his country and the principles of our rights. I do not object to them exer- nate qualified candidates with reasonable country. cising their rights, but I do ask them promptness and that the Senate act within a I think he is the kind of person we very respectfully to tell us the nature reasonable time to confirm or reject them. need on the bench, and I think it is of the test they are applying to these I cannot imagine a clearer signal to time for us to give him a vote. I am nominees so that we can know in ad- the Senate to fulfill its responsibility sure we will and, when we do, I believe vance in future circumstances which to confirm judges. President Bush has done his part in he will be confirmed. nominees will not pass their test, nominating candidates of the highest I thank the Chair and yield the floor. which nominees will fail that test. In moral integrity and legal expertise. The PRESIDING OFFICER. The Sen- order to do that, we need to know what Each of his nominees has been care- ator from Utah is recognized. that test is. Mr. BENNETT. Mr. President, I have fully selected, and each deserves a The PRESIDENT pro tempore. The been an observer of all of these debates hearing and a vote, which leads us to Senator from Kentucky. about judges because I am not a lawyer the nomination before us today. Mr. BUNNING. Mr. President, I ask and I don’t sit on the Judiciary Com- Mr. Estrada was nominated by Presi- unanimous consent that further mate- mittee, but I have been interested to dent Bush in early 2001. Although he rials be printed in the RECORD fol- note that when President Bush became did get a hearing in the Judiciary Com- the President, he announced he would lowing my remarks. mittee after well over a year, he was The PRESIDENT pro tempore. With- not allow the American Bar Associa- not granted a vote. It took almost 2 tion to, in effect, veto Presidential out objection, it is so ordered. years for him just to get his day in (See exhibit 1.) nominees. He said the Constitution court. In fact, when the 107th Congress Mr. BUNNING. I thank the Chair. doesn’t give the American Bar Associa- ended last year, 31 nominees were still Mr. President, today I rise in support tion any right to determine who should waiting in committee for a vote. We of the nomination of Miguel Estrada to be on the Federal bench and who had not even had hearings in the Judi- sit on the DC Circuit Court of Appeals. should not, and that he would not bow ciary Committee. to the American Bar Association for As has been said many times in this Twelve of the 14 pending nominees their recommendations. Chamber, Mr. Estrada is highly quali- for the court of appeals were nomi- Our friends on the Democratic side of fied to sit on this court and deserves a nated in 2001, and six of them, includ- the aisle, in the popular phrase of the fair hearing and a vote in the Senate. ing Miguel Estrada, were among the teenagers, went ballistic. They said the There are four vacancies on the DC first group of nominees submitted to American Bar Association was the gold Circuit’s 12 seats. Most lawyers con- the Senate nearly 2 years ago. standard by which everybody should be sider the DC Circuit to be the second The judicial nomination situation in judged. And Senator LEAHY, when he most important court in the United the Senate is totally unacceptable. Fif- was chairman of the Judiciary Com- States. That means the court is miss- teen of President Bush’s appellate mittee, made it very clear that even ing one-third of its judges. nominees have had to wait more than a though a recommendation from the That is alarming. The seat for which year for a hearing—not even a vote, American Bar Association is Mr. Estrada has been nominated has just a hearing. According to the Jus- extraconstitutional, he would apply been designated as a judicial emer- tice Department, 15 of President Bush’s that extraconstitutional test to every- gency by the Judicial Conference of the appellate court nominees have had to one who came up; and if they did not United States. To leave the seat empty wait over a year for a hearing. This is pass that test—extraconstitutional for any longer is unacceptable and dan- a higher total than the combined total though it is—they could not be con- gerous. that had to wait over a year for the firmed. He made that very clear. I am In Kentucky, we know a little bit past 50 years. grateful to him for his candor. I appre- about vacancies. We are part of the Almost 90 percent of the appellate ciate the fact he was open with this Sixth Circuit Court of Appeals, and court nominees made in the first 2 body and the American public that that panel has 6 vacancies right now years of the Reagan, George H. W. that particular test was being added to out of 16 total seats. That is a little Bush, and Clinton administrations the constitutional test that a nominee better from not too long ago when we were confirmed by the Senate. But in should pass. had 8 openings, but it is not much bet- the first 2 years of this administration, Now we have someone before us who ter. In all, the U.S. Courts of Appeals only 54 percent were confirmed. passes not only the constitutional test have 25 vacancies, totaling 15 percent Chief Justice Rehnquist is not exag- but the extraconstitutional test laid of the entire system. gerating when he says the status of ju- down by the Democrats. He is not only The situation is so bad the American dicial nominations threatens the very qualified—according to the American Bar Association has described it as an function of our court system and jus- Bar Association, ‘‘well qualified’’—he emergency. Fortunately, the Judiciary tice itself. was found unanimously well qualified Committee held hearings on four appel- As for Mr. Estrada, he is a fitting by the American Bar Association. Yet late court nominees recently, and one nominee to break this logjam. Mr. Senator LEAHY is leading a form of fili- of those nominees is now before the Estrada is an inspiration. He has lived buster against this nominee that gives Senate. At least we are starting to see the American dream. He will become rise to this question, which I have some progress. the first Hispanic to serve on that pres- asked on the floor before and, undoubt- Recently, Chief Justice Rehnquist de- tigious court. He is a fine example of edly, in this extended debate I will ask livered his annual report on the state the quality nominees President Bush again. I would ask Senator LEAHY, Sen- of the Federal judiciary. One of the key has sent to the Senate. ator KENNEDY, and the others: What points he emphasized was promptly Mr. Estrada came to the United additional, extraconstitutional test filling vacancies. With this nomina- States when he was 17 years old, grow- have you devised that you are applying tion, we have the opportunity to begin ing up in Honduras. He spoke little to nominees for the judiciary? You filling empty seats on the bench. English when he arrived in America, have told us the first one. You have Case filings in the Federal court sys- but that did not keep him from grad- been very up front about it and tell us tem hit a new record high last year, uating magna cum laude from Colum- what additional, extraconstitutional and I believe that trend will continue bia College and Harvard Law School. test you have determined must be this year also. The record number of He is no stranger to the appellate court passed by a nominee because there is cases in the court system, combined system. no obvious reason this nominee should with judicial vacancies, led the Chief After law school, he clerked for a be objected to; there is no obvious rea- Justice to warn Congress that proper judge at the Second Circuit Court of son every single Democrat on the Judi- functioning of the court system is in Appeals. After that, he was a clerk for ciary Committee should have voted jeopardy. The Senate cannot and must Justice Kennedy at the Supreme Court. against him and we should see the com- not allow that to happen. Mr. Estrada then served as an assistant ing of a filibuster against his nomina- In concluding his remarks on judicial U.S. attorney in New York and a dep- tion. vacancies, the Chief Justice said: uty chief of the appellate section of the

VerDate Mar 15 2010 21:10 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00008 Fmt 0637 Sfmt 0634 E:\2003SENATE\S06FE3.REC S06FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 6, 2003 CONGRESSIONAL RECORD — SENATE S2029 U.S. Attorney’s Office. Those jobs re- eral’s Office in 1992. He stayed with that of- to uphold the law regardless of his personal quired him to try cases in the district fice for most of the Clinton Administration. convictions. I have no doubt that Mr. courts and argue before the Second Cir- When he left that office in 1997, he joined the Estrada will be one of the most brilliant fed- Washington, D.C., office of Gibson, Dunn & eral appellate judges of our time, and I urge cuit Court of Appeals. Crutcher, where he has continued to excel as you to join me in voting to confirm him. Next, he served in the Office of the a partner. He has argued an impressive 15 Sincerely, Solicitor General during William Jef- cases before the United States Supreme ORRIN G. HATCH, ferson Clinton’s administration. Now Court, and the non-partisan American Bar Chairman. he is a partner in the Washington, DC, Association has bestowed upon him its high- law firm of Gibson, Dunn, & Crutcher. est rating of Unanimously Well Qualified. LATINO COALITION It has been said many times, but I I take the time to offer up this brief recita- FOR MIGUEL ESTRADA, think it is worth repeating, Mr. tion of Mr. Estrada’s personal and profes- Washington, DC, February 5, 2003. sional history because I think it illustrates Estrada earned the American Bar Asso- Hon. JIM BUNNING, that he is, in fact, far from the right-wing Member, U.S. Senate, ciation’s highest rating for a nominee, ideologue that some have portrayed him to Washington, DC. a ‘‘unanimously well-qualified’’ rating. be. He clerked for Judge Kearse, a Carter ap- DEAR SENATOR BUNNING: At a time of a se- He has been endorsed by a long list of pointee, then Justice Kennedy, a moderate rious judicial vacancy crisis in our country, political, business, and civil rights or- by any standard. He joined the Solicitor it is simply disingenuous that the Senate ganizations. I have yet to hear any de- General’s Office during the first Bush Ad- Democratic leadership is threatening to fili- tractors make credible arguments that ministration, but stayed on through much of buster a nominee to the U.S. Court of Ap- he is not qualified. I can see no obsta- the Clinton Administration. His supporters peals, with impeccable credentials and a include a host of well-respected Clinton Ad- cle to his being confirmed. He is sup- unanimous ‘‘well qualified’’ rating from the ministration lawyers, including Ron Klain, American Bar Association. ported by Seth Waxman, a Solicitor former Vice President Gore’s Chief of Staff; On May 9, 2001, President Bush nominated General under former President Clin- Robert Litt, head of the Criminal Division in Miguel A. Estrada to fill a vacancy on the ton, as well as the former chief legal the Reno Justice Department; Randolph United States Court of Appeals for the Dis- counsel to Vice President Gore. There Moss, former Assistant Attorney General; trict of Columbia Circuit. Mr. Estrada would is no question in my mind that Mr. and Seth Waxman, former Solicitor General be the first Hispanic in history to sit on that Estrada will make a fine judge once for President Clinton. He has defended pro court, which is widely viewed as the most important and prestigious Court of Appeals confirmed. His life story is an inspira- bono convicted criminals, including a death row inmate whom he represented before the in the nation. No wonder George Herrera, tion for minorities, and all of us, Supreme Court in an effort to overturn his President and Chief Executive Officer of the throughout America. His hard work death sentence. He has broad support from United States Hispanic Chamber of Com- and dedication is obvious. His aca- the Hispanic community, including the en- merce, concludes that ‘‘Estrada’s nomina- demic and legal achievements cannot dorsement of the League of United Latin tion can be a historic event for the Hispanic be denied. American Citizens (which is the country’s community. Latinos in this country have I urge the Senate to quickly hold a oldest Hispanic civil rights organization), worked hard to break the barriers and obsta- vote on this nomination, and I urge my the Hispanic National Bar Association, the cles that have stood in our way for too long colleagues to support Miguel Estrada. U.S. Hispanic Chamber of Commerce, the and we now have the opportunity to do so. I yield the floor. Hispanic Business Roundtable, the Latino Estrada’s appointment will also be a role Coalition, and many others. model for Latino youth by demonstrating EXHIBIT 1 Mr. Estrada has been unfairly criticized by that a Latino can be appointed to one of the U.S. SENATE, some for declining to answer questions at his highest courts in the nation.’’ He is just one Washington, DC, February 4, 2003. hearing about whether particular Supreme of the overwhelming majority of national DEAR COLLEAGUE: I write to urge you to Court cases were correctly decided. Lloyd Hispanic grassroots organizations that are support the confirmation of Miguel A. Cutler, who was White House counsel to both enthusiastically supporting his nomination, Estrada, who has been nominated for a seat President Carter and President Clinton, put not just because he is Hispanic, but because on the United States Court of Appeals for it best when he testified before a Judiciary he is superbly qualified. the District of Columbia Circuit. If he is con- Committee subcommittee in 2001. He said, Mr. Estrada is unique in another respect, firmed, he will be the first Hispanic to sit on ‘‘Candidates should decline to reply when ef- too. As his colleagues can attest, both con- this court, which is widely considered to be forts are made to find out how they would servatives and liberals alike, Mr. Estrada is the second most important court in the decide a particular case.’’ He further ex- one of the most brilliant and effective appel- country. plained, ‘‘What is most important is the ap- late lawyers in the country. Having worked Mr. Estrada represents an immigrant suc- pointment of judges who are learned in the at the Justice Department under Republican cess story. Born in Tegucigalpa, Honduras, law, who are conscientious in their work and Democratic Administrations, he has his parents divorced when he was only four ethic, and who possess what lawyers describe demonstrated a commitment to upholding years old. Mr. Estrada remained in Honduras as ‘judicial temperament.’’ ’ Mr. Estrada’s the integrity of the law and a dedication to with his father while his sister immigrated academic achievement, his professional ac- public service. During his career, he has ar- to the United States with his mother. Years complishments, and the letters of bipartisan gued fifteen cases before the Supreme later, as a teenager, Mr. Estrada joined his support we have received from his colleagues Court—all before reaching the age of 40. He mother in the United States. Although he all indicate that Mr. Estrada fits this de- richly deserves the unanimous ‘‘well quali- had taken English classes during school in scription. fied’’ rating the American Bar Association Honduras, he actually spoke very little Several opponents of Mr. Estrada have at- bestowed on him—the organization’s highest English when he immigrated. He neverthe- tempted to block his confirmation by boldly possible evaluation. less taught himself the language well enough demanding that the Department of Justice Miguel Estrada is more than just a tal- to earn a B¥ in his first college English release internal memoranda he authored ented lawyer. He represents the potential of course. In a matter of years, he not only per- while he was an Assistant to the Solicitor a growing population and what is possible in fected his English skills, but he exceeded the General. All seven living former Solicitors the United States. A native of Honduras, Mr. achievements of many persons for whom General—four Democrats and three Repub- Estrada arrived in the United States at age English is their native tongue. He graduated licans—oppose this request. Their letter to 17, unable to speak much English. Yet he with a bachelor’s degree magna cum laude the Committee explains that the open ex- graduated magna cum laude from Columbia and Phi Beta Kappa in 1983 from Columbia change of ideas upon which they relied as So- University and magna cum laude from Har- College, then received a J.D. degree magna licitors General ‘‘simply cannot take place if vard Law School, where he was an editor of cum laude in 1986 from Harvard Law School, attorneys have reasons to fear that their pri- the Harvard Law Review. He clerked for Su- where he was editor of the Harvard Law Re- vate recommendations are not private at all, preme Court Justice Anthony Kennedy—one view. but vulnerable to public disclosure.’’ They of the more moderate Republican appointees Mr. Estrada’s professional career has been concluded that ‘‘any attempt to intrude into who continues to be Estrada’s mentor. Mr. marked by one success after another. He the Office’s highly privileged deliberations Estrada’s own journey from immigrant to clerked for Second Circuit Judge Amalya would come at a cost of the Solicitor Gen- successful attorney has inspired him to de- Kearse—a Carter appointee—then Supreme eral’s ability to defend vigorously the United vote much of his career to serving his fellow Court Justice Anthony Kennedy. He worked states’ litigation interests cost that also Americans. Both in government service and as an associate at Wachtell Lipton in New would be borne by Congress itself.’’ The Wall in private practice, he has sought to ensure York—as high powered a law firm as they Street Journal and the Washington Post that all citizens receive the law’s fullest pro- come. He then worked as a federal pros- have also criticized the attempts to obtain tections and benefits, whether they are ecutor in Manhattan, rising to become dep- these memoranda. death-row inmates or abortion clinics tar- uty chief of the appellate division. In rec- These misguided efforts should not prevent geted by violent protestors. ognition of his appellate skills, he was hired our confirmation of a well-qualified nominee Never has a judicial nominee that has been by the Department of Justice Solicitor Gen- who has pledged to be fair and impartial, and voted out of the Judiciary Committee been

VerDate Mar 15 2010 21:10 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00009 Fmt 0637 Sfmt 0634 E:\2003SENATE\S06FE3.REC S06FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2030 CONGRESSIONAL RECORD — SENATE February 6, 2003 successfully filibustered in the Senate. country, we urge the leadership of both par- Columbia and then Harvard Law Estrada’s opponents argue that he is a His- ties in the U.S. Senate to put partisan poli- School. He was on Law Review, it is panic in name only and is an ideologue. This tics aside so that Hispanics are no longer de- my understanding, at Harvard Law is absolute non-sense. nied representation in one of the most pres- School. These are truly lofty attain- Miguel Estrada is considered by all who tigious courts in the land. have worked with him to be a brilliant attor- Sincerely, ments and a demonstration of not only ney who has demonstrated the ability to set League of United Latin Americans Citi- a powerful intellect but a rigorous atti- aside any personal beliefs he may have and zens, the Hispanic National Bar Association, tude toward his studies and a commit- effectively argue cases based on the US con- the U.S. Hispanic Chamber of Commerce, the ment to excellence. stitution and the law. Perhaps the most Association for the Advancement of Mexican He clerked for the appellate court, compelling praise in support of Mr. Estrada’s Americans, The Latino Coalition, Mexican which is a high honor very rarely be- nomination has come from Democratic polit- American Grocers Association, the Hispanic stowed upon graduates of law school, ical appointees who worked with him in the Contractors Association, the Interamerican and even a more rare honor is to clerk Clinton Administration. College of Physicians & Surgeons, the Amer- Prominent Democrats including Ron ican G.I. Forum, the Federation of Mayors of for a Supreme Court Justice. He obvi- Klain, the former Chief of Staff of Vice Puerto Rico, the Casa De Sinaloense, the ously has the intellectual capability, President Gore; Seth Waxman, Clinton’s So- Cuban American National Foundation, the even at a young age; that was estab- licitor General; Robert Litt, Associate Dep- Hispanic Business Roundtable, the Cuban lished. He has gone on with a distin- uty Attorney General in the Criminal Divi- Liberty Council, the Congregacion Cristiana guished career in law, public service, sion; Drew Days III, Solicitor General; and y Misionera ‘‘Fe y Alabanza’’, the MANA, a and in the private sector. He has ar- Randolph Moss, Assistant Attorney General National Latina Organization, theNueva gued numerous cases before the Su- in the Office of Legal Counsel have all Esperanza Inc. Cuban American Voters Na- preme Court, which, frankly, standing praised Miguel Estrada for his brilliance, tional Community, the Puerto Rican Amer- compassion, fairness and respect for prece- ican Foundations up before a panel of Supreme Court dent (quotes attached). Justices is hard enough but, in all can- It would be an ironic travesty of justice for The PRESIDENT pro tempore. The dor, standing up when you have a any member of the US Senate—a body with- Senator from Pennsylvania. speech impediment has to be a thor- out a single Hispanic member—to vote Mr. SANTORUM. Mr. President, I oughly paralyzing experience. To have against Mr. Estrada with the excuse that he compliment the Senator from Ken- the courage to persuasively make argu- is a Hispanic in name only or that he does tucky for his excellent remarks. He not understand or represent the values of our ments, nonetheless, and deal with the said much of what I wanted to say, out- bench under this context is a testa- community? Under normal circumstances, lining the extraordinary qualifications this argument would be so absurd that we ment not only to his intellectual capa- would have ignored it. But under the current of Miguel Estrada. He very clearly laid bility and to the hard work he puts partisan environment, we cannot stand by out the case that there is no legitimate into his job but to the personal courage and allow Mr. Estrada’s ethnic background reason to filibuster his nomination, but and determination this man has. to be used against him. that appears to be the tactic that is So we have in this nominee someone Miguel Estrada was nominated on May 9, being contemplated and maybe even who has overcome adversity in lan- 2001. He did not receive his first hearing being engaged in by many on the other until September 26, 2002, 16 months after his guage, adversity in disability, and per- side of the aisle, certainly not all on formed at the highest levels of the nomination. Now his opponents complain the other side of the aisle. We are cer- that they have not enough time to evaluate legal profession in this country. his record and that his nomination should tainly grateful for Members who are As the Senator from Kentucky men- not be rushed to a vote. We believe that a discerning enough to understand, as tioned, he has a unanimous well-quali- nominee should not have to wait for 21 has been quoted many times—the fied rating. I am sure this has been re- months for a vote and that the Senate has Washington Post has suggested that peated many times, but the other side had plenty of opportunity to consider Miguel filibustering this nomination would be has said this is the gold standard, this Estrada’s qualifications. This same tactic unjustifiable, I think is their term, and was used to delay Richard Paez’s nomination is the stamp of approval, getting a certainly beneath the standards in the qualified rating from the American Bar for more than 4 years. It was unfair then and Senate. The standard is that we do not it is unfair now. Association. Any attorney who has argued 15 cases be- filibuster judges for the circuit courts, This was not a qualified rating. This fore the US Supreme Court has an extensive that it would be an unprecedented was not a well-qualified rating. This legal track record that can be analyzed for move to filibuster a judge. was a unanimously well-qualified rat- accuracy, quality, effectiveness and bias. In the 220-odd-year history of the ing. Yet, incredibly, Mr. Estrada’s detractors Senate, what makes this judge so So what is it? What could it possibly claim that his legal record is too skimpy for unique? And that is what it would be, be that this nominee has done in his them to make an informed decision on his it would be unique because it is the nomination. This ridiculous claim under- life to potentially warrant the first scores the opposition’s real problem . . . that first time in the history of this country ever filibuster of a circuit court judge there is nothing in Miguel Estrada’s record a filibuster would be conducted on a in the history of the Senate? What has that would lead a reasonable person to con- circuit court nominee. he done? What are the arguments on clude anything other than this nominee is an What makes this nominee so unique the other side? exceptionally well qualified, highly prin- to warrant—and I am not using this One of the arguments on the other cipled attorney, who will make a fine judge term in a pejorative sense but in a fac- side is he does not have sufficient expe- on the DC Circuit. tual context—an extreme reaction, ex- The Hispanic National Bar Association, rience. Well, I am a lawyer, and I can the League of United Latin American Citi- treme by the definition that it is the say I do not have near the experience zens (LULAC), The Latino Coalition, the first time in almost 230 years of Amer- Miguel Estrada has. I have not per- United States Hispanic Chamber of Com- ican history that this would occur, formed nearly in the arena of the law merce, the American Association for the Ad- that this would be an extreme reaction he has. His experience is abundant. vancement of Mexican Americans, MANA—a because it has never been done before. He has never been a judge. He is national Latina organization, and the Mexi- What has this nominee done, or what being nominated for a position on a can American Grocers Association are about this nominee causes such an court where there are eight judges among the many Hispanic organizations sup- overreaction, or extreme reaction, that right now. Five of the eight confirmed porting the nomination of Miguel Estrada. Miguel Estrada is a perfect example of an raises the bar to this high level? by this Senate had no prior judicial ex- American success story, who deserves an up Let’s look at this nominee. The Sen- perience. So if judicial experience was or down vote on the Senate floor. He brings ator from Kentucky noted he is intel- so important for this court, then why to the court a distinguished and extensive lectually clearly qualified. He got into do over half the members on this court legal record based on his many years of work colleges I was not able to get into, I have no prior judicial experience? One in the public and private sector. Mr. Estrada can say that. As the Senator from Ken- could make that argument, but the cup also brings unique perspective and human tucky said, he is a man who was raised the water is being held in is as empty experience understood only by those who in Honduras. English was not his first have migrated to a foreign land. as the top. It flows straight through. It It is for this cultural depth and his unique language. He was able to perform at does not hold any water. legal qualifications that on behalf of an the highest levels at some of the most He has refused to disclose his judicial overwhelming majority of Hispanics in this rigorous universities in the country, philosophy. Since when do we expect

VerDate Mar 15 2010 21:10 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00010 Fmt 0637 Sfmt 0634 E:\2003SENATE\S06FE3.REC S06FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 6, 2003 CONGRESSIONAL RECORD — SENATE S2031 people who are applying for judicial threaten the viability of the Solicitor would be consistent. Either minority nominations to tell us how they would General’s office if this information status does not matter or it does, and rule on future cases? That would truly were discoverable through this nomina- if it does, as they insist, it should be a be an extreme view, an unprecedented tion process. reason for them to vote for this nomi- view, for the consideration of judges in Mr. BENNETT. If I could comment nee. the Senate. We do not require people to on the question, I find it interesting for Mr. SANTORUM. I stand here, as the prejudge cases. In fact, part of the can- those who supported Janet Reno for Senator from Kentucky and the Sen- ons is one does not prejudge cases. So Attorney General and supported Presi- ator from Utah, and ask the question, to ask a judge-nominee how he would dent Clinton’s Presidential nominees in Why this nominee? The Senator may rule or what his feeling is on these that office, which nominees, after con- have—I hope he has not—may have un- matters is inappropriate and that is firmed, are saying Estrada’s notes covered what may be the underlying why most judges, if not—well, maybe should not be made public, are saying cause of this obstruction. We have some give opinions, but most nominees those nominees are wrong. passed and considered judges who, who come before the Senate for con- Mr. SANTORUM. I find that incon- through their nominating process, have firmation do not answer that question. gruous. I find, frankly, all of the argu- disclosed their conservative ideology They can talk general judicial philos- ments to be specious, at best. equal to Miguel Estrada. It is accepted ophy, but to go through and talk about What is confounding is that such an that Miguel Estrada is conservative in how they would rule on certain cases is extreme measure appears to be in the answering his questions and how he in- something that is an inappropriate offing, which is a filibuster, on such a terprets the law. It seems to be con- question, in my mind, and should not pathetically weak case against this sistent with, frankly, most if not all of be answered. nominee. President Bush’s nominees. President The other side is saying he did not So one has to step back and ask, Bush believes in commonsense judges turn over his work papers. Now, I did Why? What is going on here? Why is who take the Constitution for what it practice a little bit of law, and there is this nominee being singled out? What says and who follow the law. a privileged work product of lawyers is it about this nominee that is un- As Miguel Estrada has said in his tes- that is not available to the other side usual, that has raised the fear or the timony, he would follow the law. The in a case. Generally speaking, it is not ire of so many in this Chamber? Supreme Court says this is the law; he available for discovery. Why? Because Mr. BENNETT. Will the Senator will follow the law. That is all this when you are working on a case—hav- yield? President wants. That is all most Mem- ing worked in my capacity for a senior Mr. SANTORUM. I am happy to bers, certainly on our side, would like partner in most cases, as is the case yield. to see—which is, judges who are not here, because Miguel Estrada was an Mr. BENNETT. I recall in the last Supreme Court Judges now, because Assistant Solicitor; he was not the So- Congress where the Democratic mem- they are making more law than fol- licitor General; he was working for bers of the Judiciary Committee, and lowing law—judges on the district someone in the capacity of the Solici- particularly the Democratic leader, court and appellate courts and their re- tor’s office—you are preparing the case then majority leader, along with the sponsibility to follow the higher court. and trying to share his opinions, his then-chairman of that committee, Sen- Miguel Estrada said, without question, candid opinions about what his boss ator LEAHY, attacked Republicans for he will do so. should do. being insufficiently supportive of It is not that he will not follow His boss may make a different deci- nominees who were women or members precedent. The objection must be phi- sion, but his boss needs, as my senior of minorities. We were given quotas, if losophy. If it is philosophy, look at all partner needed, my candid opinion you will, at least the language of the nominees of this President. They about what I thought of the merits of quotas, that we should have so many are overwhelmingly almost universally our argument or the facts in the case women and so many minorities, and we more conservative than they are lib- or whatever the case may be. He need- were attacked in the strongest possible eral. I don’t know how you measure ed my candid assessment. Why? Be- language. Indeed, it came close to vio- conservatism, but certainly they are cause I understood the issue better lating Senate rules, of implying that almost all generally right around than he or she did. That work product everyone on this side of the aisle was where Miguel Estrada is as far as his was essential for coming to the deci- either sexist or racist because we did philosophy is concerned of government sionmaking with all the best informa- not support a sufficient number of mi- and of jurisprudence. Yet none of them tion that decisionmaker needed to nority nominees or female nominees. have been filibustered on the floor of make the property assessment of the Mr. SANTORUM. I suggest it went the Senate. case and to move forward. further. We were accused, if we voted So, again, you come back: What is Mr. BENNETT. Will the Senator against any minority—they would sin- different about Miguel Estrada than all yield? gle out any negative vote against any the other conservative district court Mr. SANTORUM. I am happy to minority member—it was the equiva- judges, appellate court judges, who yield. lent of having some sort of antiracial have been confirmed by the Senate? Mr. BENNETT. It is my under- agenda; that somehow we harbored ill They have been given a vote. I won’t standing that Mr. Estrada was em- feelings toward whatever particular even go to confirmed. They have just ployed during the Reno Justice Depart- race or gender happened to be the sub- been given the opportunity for a vote. ment; is that the Senator’s under- ject of that nominee. I can speak from personal experience, standing? Mr. BENNETT. The Senator’s mem- one I know very well. We had probably Mr. SANTORUM. That is correct. ory is correct. We were told if we voted the most contentious nominee to hit Mr. BENNETT. Is it not then the against any nominee who happens to be the floor the last session of Congress, a case that some of these papers the either a woman or a minority, we were, judge from Pennsylvania, Judge committee is demanding are papers indeed, guilty. Brooks Smith. He was from the west- that were submitted to a Clinton Presi- Now we have one who happens to be ern district of Pennsylvania. Judge dential appointee who acted as Solic- a minority. I do not believe nomina- Brooks Smith is a conservative judge, itor General; is that not the case? tions should be made on the basis of very much in the mainstream of ide- Mr. SANTORUM. That is correct. gender or minority status. But when ology on the court and America. But he Mr. BENNETT. So is it not true that we have a nominee based on quality, tracks more conservatively in his opin- it is a Clinton appointee, former Solic- who happens to be in a minority status, ions than those more activist in na- itor General, who is now saying it I find it disingenuous of those who ture, or more liberal. would be inappropriate for Mr. made the point of the minority status. Did they oppose him on that? No, Estrada’s material to be made public? We didn’t; they did. Those who made they found a few issues having to do Mr. SANTORUM. That is correct, in- the point of the minority status now with him being involved with a club, cluding, I believe, six other Solicitor are insisting that the minority status years ago, that excluded women. So Generals who have said it would should not be considered. I wish they they began to make this case that he

VerDate Mar 15 2010 21:10 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00011 Fmt 0637 Sfmt 0634 E:\2003SENATE\S06FE3.REC S06FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2032 CONGRESSIONAL RECORD — SENATE February 6, 2003 was antiwoman. So that was the reason son to go to such an extreme unprece- whether or not there will be a fili- for this whole thing, even though we dented measure of filibustering an ob- buster, but that decision has not been had the local chapter of NOW in his viously competent, well-qualified— made, to my knowledge. own county come out and suggest this unanimously supported by the Amer- Let me say there are people who care is a good guy. It didn’t matter. They ican Bar Association—nominee for the a great deal about our country who op- had a hook. So they stuck the hook in. circuit court. pose this nomination. There are people But they gave him a vote. They re- I would just say this in closing. It is who care a great deal about our coun- ported him out of committee and we my intention as a Senator to see this try who favor this nomination. That is gave him a vote on the Senate floor nominee through to a vote. I think this the reason our Founding Fathers estab- and he passed with 60-plus votes here nominee deserves a vote. There has lished the Senate of the United States. on the floor of the Senate. been no reason, no legitimate judicial We do not live in a dictatorship. I know Judge Smith well and have reason why this nominee should not be President Bush is President Bush, not tremendous respect for him. But I sug- given an opportunity to be voted on. So King George. He knows that, I hope, gest Judge Smith and Miguel Estrada, I will make this statement. It is this and I am confident he does. when it comes to judicial philosophy, Senator’s intention to do everything I Take, for example, the New York are pretty much two peas in a pod. It’s can do to keep the Senate on this issue Times which said, among other things: pretty hard to tell the difference be- for as long as it takes for a vote to The Senate Judiciary Committee is sched- occur. uled to vote tomorrow on Miguel Estrada, a tween how they would approach the nominee to the D.C. Circuit Court of Ap- issues. Judge Smith got a vote, even When I say ‘‘as long as it takes,’’ let me underscore what I mean: As long as peals. Mr. Estrada comes with a scant paper though, arguably—even though I think trail but a reputation for taking extreme po- it was a red herring—he had some it takes. sitions on important legal questions. He other issue out there that could have If the other side likes to stand up and stonewalled when he was asked at his con- been used to discolor or discredit him. criticize Miguel Estrada and wants to firmation hearings last fall to address con- What issue does Miguel Estrada have filibuster his nomination, let me assure cerns about his views. Given these concerns, that could potentially disqualify him? you, we will provide you plenty of op- and given the thinness of the record he and portunity and time to do that if that is his sponsors in the administration have cho- What has he done in his legal career sen to make available, the Senate should that could be used against him? I have what you want to do. If you want to make the next days, weeks, months, vote to reject his nomination. not heard anything that, through his Mr. President, this is the New York experience or education or actions, has years an opportunity to talk about Judge Estrada’s qualifications for this Times. It is a newspaper that has cir- disqualified him from this position. I job, it is this Senator’s intention to culation not in the tens of thousands or haven’t heard of any clubs he belonged give you the opportunity to do that. He hundreds of thousands but in the mil- to. He is a minority, so it’s hard to be- deserves, through his outstanding lions. long to a club that excluded minorities, record of accomplishment, overcoming Among other things, this editorial if he was one, so we can’t run into that language, disability, and prejudice states: problem. heretofore and potentially now, to get Mr. Estrada has put few of his views in the Maybe that is the problem. Maybe this vote. public record. One way to begin to fill this that is the problem, that we have I yield the floor. gap, and give the Senate something to work with, would be to make available the numer- someone who is a conservative and a The PRESIDING OFFICER (Mr. GRA- minority. Is that the combination that ous memorandums of law that Mr. Estrada HAM of South Carolina). The Senator wrote when he worked for the solicitor gen- is lethal? from Nevada. Mr. BENNETT. Will the Senator eral’s office, as other nominees have done. Mr. REID. Mr. President, because of But the White House has refused senators’ yield? the statements made by my friends on reasonable requests to review these docu- Mr. SANTORUM. I am happy to the other side of the aisle relative to ments. yield. Mr. Estrada, I would like to take a few Mr. Estrada, now a lawyer in Washington, Mr. BENNETT. As the Senator from minutes and rebut some of what they also had an opportunity to elaborate on his Pennsylvania seeks to find a reason for have stated during today’s session of views, and assuage senators’ concerns, at his confirmation hearing, but he failed to do so. opposing Mr. Miguel Estrada, I suggest the Senate. to him one that comes out of yester- When asked his opinion about important It is true there is a conflict in our legal questions, he dodged. Asked his views day’s editorial in the Washington Post, country as to whether or not he should of Roe v. Wade, the landmark abortion case, as the Washington Post points out that be approved by the Senate. We have Mr. Estrada responded implausibly that he Mr. Estrada did not cooperate with the newspapers saying yes, newspapers say- had not given enough thought to the ques- Democrats in producing a case against ing no. My friend from Pennsylvania, tion. Mr. Estrada’s case is particularly trou- him. Then it says, the junior Senator from Pennsylvania, bling because the administration has more Because it stems from his own and the ad- who stated he could not understand information about his views, in the form of ministration’s discourteous refusal to arm his solicitor general memos, but is refusing why there was a filibuster, first has to to share it with the Senate. Democrats with examples of the extremism understand there has never been a Finally, the article says: that would justify their opposition, they are statement on the floor to the effect opposed to him. there is a filibuster. A decision has not The very absence of a paper trail on mat- The editorial concludes: ters like abortion and civil liberties may be been made by the leadership on this one reason the administration chose him. It Such circular logic should not stall Mr. side as to whether or not there will be is also a compelling—indeed necessary—rea- Estrada’s confirmation any longer. a filibuster. But let me just say I think son to reject him. I agree with the Washington Post in something as controversial as this It is not as if the objection to this this circumstance. It may be they were nomination should have some consider- man is out of nowhere. We have edi- hoping he would be cooperative enough ation. torials and newspapers that are trans- to give them something to use against We just started this process at 2:45 mitted to millions of people every day him and when he refused to do that, p.m. yesterday. There was good debate that take the position this man and indeed his background says there on Wednesday. We had a memorial shouldn’t be confirmed as a circuit is nothing in there he could have given service for the Columbia this week in court judge. We can’t discount those them, in anger they decided to turn Houston. We had another one this opinions, or think there are some left- against him. morning. Many Senators attended the wing kooks who have decided for rea- As the Senator looks for some reason two services. There is no session this sons which are not substantive not to why they are opposed to him, maybe afternoon or Friday because of the ma- go with this man. they are just disappointed over the fact jority being engaged in a retreat. There I would also say that there have been he passed? is nothing wrong with having a retreat. a number of Senators talking about Mr. SANTORUM. I know when you We are going to have one in May. We how unusual it is—how unusual it is— try to bully someone into doing some- will have to take some time off. that we are talking about a judge’s thing and they don’t do it, it can be But we should not rush to judgment. qualifications. I think if there is any- pretty frustrating. But that is no rea- There will be a decision made as to thing in the extreme, all we need to do

VerDate Mar 15 2010 21:10 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00012 Fmt 0637 Sfmt 0634 E:\2003SENATE\S06FE3.REC S06FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 6, 2003 CONGRESSIONAL RECORD — SENATE S2033 is look at the newspaper of today—the ranking member or their designees, ers who wish to have the opportunity Roll Call: ‘‘GOP Calls on K Street to and that following the conclusion of to speak. And certainly to cut off de- Boost Estrada.’’ that time, the Senate proceed to a vote bate prior to the time they have had What this is all about is getting the on the confirmation of the nomination, that occasion, especially with a nomi- lobbyists involved—to put pressure on with no intervening action or debate. nation of this import, would be unwise. Senators to move forward on this nom- Mr. DASCHLE. Mr. President, I ob- But there is no filibuster as we speak. ination and approve him. This Roll Call ject. Mr. FRIST. Mr. President, I very story documents special interests being The PRESIDING OFFICER. Objec- much appreciate the comments made told by members of the Republican tion is heard. by the assistant Democratic leader and leadership that they have a stake in Mr. FRIST. Given the objection, Mr. the Democratic leader on the impor- this nomination process. President, I ask my colleagues on the tance of this nomination and the im- I think if there is anything untoward, other side of the aisle if they need addi- portance of having adequate time for it is the pressure being put on these tional time, which I assume they do? debate and discussion, in part because people. And if so, would they be willing for me this is the first judge to come through I also note that one of the Senators to modify the request to 8 hours or 10 in this Congress, and it is important in the majority complained today hours or 12 hours? that it be handled well and it be han- about vacancies in the Federal court The PRESIDING OFFICER. The dled fairly and it be handled in a coop- system. We are talking about the D.C. Democratic leader. erative spirit, which has been dem- Court of Appeals. We Democrats tried Mr. DASCHLE. Mr. President, I onstrated over the last 2 days. to fill those. We were not allowed to do would be happy to respond to the dis- The reason for extending the unani- so. Why? Among other reasons, we were tinguished Republican leader, the ma- mous consent request for Monday, told by the majority that the D.C. jority leader. As he knows, we began which was objected to—I do want to Court of Appeals was too big and the this debate yesterday afternoon. We state very clearly we need to have peo- people we wanted to put on would be had a good debate yesterday, I think, ple on the floor talking and debating just unnecessary baggage; that it for 3 or 4 hours. I thought it was a con- and discussing as much as possible for wasn’t necessary to fill those vacan- structive debate. the times that are made available. I cies. There are strong feelings on both will shortly announce we will come What our friend on the other side of sides of the aisle with regard to this back Monday. I would hope we could go the aisle complained about was OK, but nomination. I think our colleagues, of through Monday and Monday evening, he failed to explain that the vacancies course, would have been prepared to if necessary, and use that time effec- on the two courts he mentioned—the continue the debate this week, and, for tively so we do have adequate discus- D.C. Court of Appeals and the Sixth good reason, we are unable to do that sion and debate. Circuit—were caused by the Repub- because of the Republican conference. This is an important nomination. licans’ failure to act, or their success Our conference is later on this spring. There has been good debate to date. I in blocking nominees to the DC court. Theirs is now. That precludes our op- encourage all of our colleagues to take Allen Snyder, who was a nominee portunity to continue the debate. But advantage of the opportunity we are voted qualified by the ABA, was never clearly, very few Senators have had a making available. We will extend the given a hearing, and never had a com- chance to be heard. Few Senators have hours, starting earlier and going later, mittee vote for a seat on the District of had the occasion to look more care- in order to make sure people do have Columbia Circuit. fully at these facts. that ample opportunity. Elena Kagan, a well-respected law We cannot prescribe a particular In terms of the allegations of a fili- professor, was never given a hearing time, at least at this point. We will buster—and certainly even the use of and was never given a committee vote continue to discuss this matter with the term yet—individual Senators can for her nomination to the District of our colleagues, and I will be in touch express themselves, but I think it does Columbia Circuit Court. with the distinguished Republican show the desire to have good debate, On the Sixth Circuit, Kathleen leader at a later date. But clearly this useful debate, to have the points made McCree Lewis—I am only giving you nomination deserves careful consider- on both sides of the aisle, and then to examples—waited for more than a year, ation, with ample time for debate. allow an up-or-down vote on this nomi- was never given a hearing, and was I would hope colleagues on both sides nee. I think we are on course for that. never given a committee vote on the of the aisle could be afforded their I would appreciate, in the early part of Sixth Circuit. chance to speak to this nomination. It next week—after checking with your Kent Markus—no hearing and no is a controversial nomination and, side of the aisle; and I will do like- vote; Helene White waited 4 years—no therefore, requires perhaps more time wise—for us to try to get some sort of hearing and no vote. than others. So for that reason, I ob- time certain so we can further plan the We have said here—Senator DASCHLE ject. business of the Senate. when he was majority leader and I have I, of course, would not be able to say Mr. REID. Mr. President, can I ask said—that this isn’t get even time for how much additional time we would re- the distinguished majority leader a when we were in the majority. We tried quire, but certainly some time next couple questions? to treat the minority then as we want- week will be required. Mr. FRIST. Yes. ed to be treated when we were in the Mr. REID. Will the majority leader Mr. REID. First question. I believe minority. We expect to be treated as yield so I can ask a question of the you will announce it later. Do you ex- we treated the minority when we were Democratic leader? pect any votes on Monday? in the majority for approximately 18 Mr. FRIST. I am happy to yield, Mr. Mr. FRIST. Yes. We will have votes months. That is what we are asking. President. on Monday. Mr. President, the majority leader is Mr. REID. I say to the distinguished Mr. REID. Second question: Let’s say on the floor. I would be happy to yield Senator from South Dakota, there has there is something worked out and we to the majority leader and then would been talk here by the majority that have a vote on this on Tuesday. What retain the floor when the majority there is a filibuster taking place. I are we going to take up after that? leader completes his statement. said, just a few minutes ago, unless I Mr. FRIST. We will have other judges The PRESIDING OFFICER. Without missed something you said, there has we will go to, and there are a number objection, the majority leader is recog- been no decision made from you as to of bills that are being considered. nized. whether or not there is going to be a There is a children’s bill that is related Mr. FRIST. Mr. President, I ask filibuster. Is that a fair statement? to pornography we will be taking up at unanimous consent that on Monday Mr. DASCHLE. I say to the Senator some point. There are other bills that there be an additional 6 hours for de- from Nevada, that is correct. As I said, have come through. There is an bate on the Estrada nomination; pro- I think I recall there were only three antitheft bill that is being considered vided further that the time be equally or four Senators who were able to right now we might be able to take up divided between the chairman and speak yesterday. There are many oth- on Monday.

VerDate Mar 15 2010 21:10 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00013 Fmt 0637 Sfmt 0634 E:\2003SENATE\S06FE3.REC S06FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2034 CONGRESSIONAL RECORD — SENATE February 6, 2003 Mr. REID. Those bills have been re- Mr. DASCHLE. Reserving the right On Tuesday, former Assistant Sec- ported out of committee? to object, I know Senator BIDEN had retary of Defense and Korea expert Mr. FRIST. The military tax bill has hoped to be heard. Ashton Carter called these events ‘‘a been reported out. We have the Moscow Mr. FRIST. Mr. President, if the huge foreign policy defeat for the treaty, which is very important, that Democratic leader will hold it for just United States and a setback for dec- we passed through the Foreign Rela- one second, we will allow plenty of op- ades of U.S. non-proliferation policy.’’ tions Committee. We would like to ad- portunity. Be thinking of the time that He is right. But it is potentially even dress that as soon as possible. There you need. worse. North Korea could have six to are other pieces of legislation that are The PRESIDING OFFICER. Without eight additional nuclear weapons be- being looked at now. So we do have a objection, it is so ordered. fore autumn. number of items we can go to. f And we know, when it comes to nu- Mr. REID. One final question, Mr. THE ONGOING CRISIS IN NORTH clear weapons—it only takes one. Re- President: What time do you expect the KOREA member, everything North Korea vote to be on Monday? We have people makes, North Korea sells. on our side, and I am sure on your side, Mr. DASCHLE. Mr. President, I com- Those scuds we intercepted on a ship who are interested in that. mend the Secretary of State for the to Yemen—and then inexplicably re- Mr. FRIST. Approximately 5 o’clock. strong presentation to the United Na- turned—weren’t a gift. They were an Mr. REID. I would just say, if we tions Security Council that he made example of business as usual from what could make that 5:15, it helps one of yesterday. He confirmed what many of even this administration has acknowl- our Senators. us already knew—that Saddam Hussein edged is the world’s worst proliferator. Mr. DASCHLE. Mr. President, I is a threat who has, once again, failed As alarming as this information is, thank the distinguished assistant to live up to his commitments to the the administration’s reaction is even Democratic leader. I know that our Re- international community. more troubling. The President said in publican colleagues are hoping to ad- And he did it at a place many of us the State of the Union: had been pressing him and the adminis- journ shortly so they can accommodate the gravest danger in the war on terror . . . their schedule. I want to respect that, tration to do it—at the United Nations. is outlaw regimes that seek and possess nu- but I know Senator BIDEN also wanted I hope that President Bush will use clear, chemical, and biological weapons. Secretary Powell’s presentation to to come to the floor for some brief re- As the chronology of events I de- build a broad international coalition to marks with regard to North Korea, tailed above indicates, the administra- confront Iraq. Our national security is which is why I originally came to the tion knew about North Korea’s plans floor. better served if he does. But, as the world’s attention was fo- on enriching uranium as early as No- I wish to comment for a moment and vember 2001, and yet it has said little, thank the distinguished Senator from cused on Secretary Powell and his pres- entation, an even more ominous devel- and done less, to stop these plans. Nevada for his comments on the We have heard the administration— opment regarding weapons of mass de- Estrada nomination. I think it may ar- through leaks in the press from struction was taking place in North guably be the most serious of all nomi- unnamed sources—suggest that we can- nations which has been presented to Korea. Yesterday, North Korea announced not focus on North Korea because it the Senate by this administration—the will distract attention from Iraq. seriousness of knowing so little with so that it had flipped the switch and re- started a power plant that can be used And we have even heard—and this is little information having been pro- on the record—that some in the admin- vided, and with so significant a level of to produce plutonium for nuclear weap- ons. istration believe that North Korea’s ex- intransigency with regard to a willing- pansion of its nuclear arsenal is not ness to provide the information we This is but the latest in a series of aggressive steps North Korea has taken even necessarily a problem. seek. We have a constitutional obliga- Proliferators with nuclear weapons tion to advise and consent. to kick into gear its programs to de- velop weapons of mass destruction and are a problem—a serious one. And our For the life of me, I don’t understand attention should be focused on all the how anybody could be called upon to the means to deliver them—steps that our intelligence community believes threats we face. It is well past time vote on the qualifications of this or that the administration develop a clear any other individual with so little in- indicate that Iraq is months, if not years, away from being able to take. policy on North Korea. formation provided, and with the arro- Earlier this week, an administration gance demonstrated by this nominee At the U.N., Colin Powell talked about the potential that Iraq may official testified before the Senate that and in this case by the administration we will have to talk directly to the with regard to our right to that infor- build a missile that could travel 1,200 kilometers. In 1998, North Korea fired a North Koreans. But he went on to say mation. that the administration had not I am very troubled. I know when you multi-stage rocket over Japan, proving they are capable of hitting one of reached out to the North Koreans to look at the array of Hispanic organiza- schedule talks and did not know when tions that have now publicly declared America’s closest allies—and soon, America itself. that might happen. their opposition to a Hispanic nominee, In the State of the Union, the Presi- you get some appreciation of the depth In November 2001, intelligence ana- lysts presented a report to senior ad- dent stated that the United States is of feeling about this issue, about this ‘‘working with the countries of the re- candidate, about his qualifications, and ministration officials that concluded North Korea had begun construction of gion . . . to find a peaceful solution.’’ about the stakes as we consider filling All indications, however, suggest that a position in the second highest court a plant to enrich uranium for use in nuclear weapons. the countries in the region appear to be in the land. taking a course directly at odds with I will have a lot more to say about In October 2002, North Korea in- the administration’s latest pronounce- this next week. formed visiting U.S. officials that it had a covert nuclear weapons program. ments. f In December 2002, North Korea North Korea is a grave threat that LEGISLATIVE SESSION turned off cameras that were being seems to grow with each day that used to ensure that 8,000 spent nuclear passes without high-level U.S. engage- fuel rods were not being converted into ment. It is one the President must re- MORNING BUSINESS weapons-grade material. double his efforts to confront. Mr. FRIST. Mr. President, I ask Days later, North Korea kicked out The President should stop unanimous consent that the Senate an international team of weapons in- downplaying this threat, start paying now return to legislative session and spectors. more attention to it, and immediately proceed to a period for morning busi- And, within the past week, the ad- engage the North Koreans in direct ness. ministration confirmed that North talks. The PRESIDING OFFICER. Is there Korea has begun moving these fuel rods Secretary Powell was very effective objection? to an undisclosed location. in outlining the threats Iraq poses. But

VerDate Mar 15 2010 21:10 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00014 Fmt 0637 Sfmt 0634 E:\2003SENATE\S06FE3.REC S06FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 6, 2003 CONGRESSIONAL RECORD — SENATE S2035 we need a comprehensive strategy to running gasoline through the carbu- Our top supplier of oil is Saudi Ara- effectively deal with ‘‘all’’ the threats retors of our vehicles, it is time for our bia. That is not exactly describing a re- we face. country to think in different ways, gion of stability. Saudi Arabia is our Given the stakes of this situation about how can technology change our top supplier. And then you have Mex- and the ongoing confusion about the energy future. I would like to talk a bit ico, Canada, Venezuela, Nigeria, Iraq, President’s and the administration’s about that. Angola, Norway, Colombia. Mr. Presi- policy, we should expect no less. Again, let me say that I credit the dent, 3.4 million barrels are imported f President for talking about it in his into this country from these countries. State of the Union Address. I think And you understand—everyone under- ENERGY POLICY this is a step forward on the part of the stands—that Venezuela is in trouble. Mr. DORGAN. Mr. President, midday administration—a baby step to be There is enormous turmoil in the coun- today President Bush is going to give a sure—but an important step. try of Venezuela. Saudi Arabia, Iraq— speech here in Washington, DC, on the Mr. President, $1.2 billion is what the these are areas of the world where subject of the development of fuel cell President announced last week and is there is not great stability. vehicles and moving to a hydrogen talking about today. That is not all It makes no sense to continue along, economy. new money. In fact, the majority of it merrily whistling our way into the fu- I was glad to hear the President ex- is not new money. So it is a timid, ture, believing that our country will be press support for the concept of hydro- small step forward, but, nonetheless, a just fine even as our economy is so de- gen and fuel cells in his State of the step in the right direction, for which I pendent on sources of oil from outside Union Address. After his speech, I gave give this President credit. our borders. him credit for discussing that with the Let me talk a bit about why we need One-third of our oil comes from the American people. to take strong action. I have in the Middle East. Iraq is the sixth largest Since last year, I have made a num- Chamber a chart that shows oil con- supplier of oil; Venezuela is the fourth; ber of presentations on the Senate sumption—in millions of barrels per Angola and Colombia, the seventh and floor about fuel cells. Today, I would day. This shows total demand, and you ninth—both countries are also plagued like to share with my colleagues my see the line going up, up, up, and up. It with difficulties. thoughts about the development of a also shows transportation demand, and Hydrogen fuels offer a way out. The hydrogen economy and the use of fuel that growth in transportation demand supply of hydrogen is inexhaustible. It cells in our future. is the bulk of the growth in energy is everywhere. It is in water. The issue I have told all my colleagues pre- needs and energy usage in our country. of hydrogen fuels is an interesting one. viously that my first vehicle when I As you can see from the chart, shown The notion of using hydrogen and the was a kid was an antique car I pur- here is domestic production. Domestic development of fuel cells is not new. In chased for $25. It was a 1924 Model T production does not come close to fact, a man named William Robert Ford. I am sure people are tired of meeting the demand that exists in our Grove was one of those larger-than-life hearing me talk about it. I was 16 years country. So what do we do to meet the characters who in the 19th century old, and I was the owner of an antique difference? What we do is we import oil could do almost anything. He studied 1924 Model T Ford. I restored it. It took from other parts of the world. law at Oxford, became a barrister and a me a year and a half to 2 years to do The issue of energy security is a sig- judge. In his spare time, he was also a that. I lovingly restored this old Model nificant issue for all of us. The White professor of physics. He ran into a T. Then I sold it. I discovered, later in House issued a press release on that patch of ill health and had his legal ca- high school, that I wanted to date, and subject in connection with its hydro- reer interrupted, so he turned to a Model T was not exactly a modern gen proposal, noting the gap between science to occupy his time, and he de- way to date. our projected demand for oil and our veloped what he called a gas voltaic The point of the story is, when I was domestic supply. And that gap is going battery, the forerunner of modern fuel a kid I put gasoline in a Model T to increase, not decrease—even if we cells. Ford—a 1924 Model T Ford—the same would drill in ANWR, which I do not He based his experiment on the no- way you put gasoline in a 2003 Ford. think this Congress will decide to do. tion that sending an electric current Nothing has changed in three-quarters This is what the White House had to through water splits water into oxygen of a century. You pull up to a pump. say in proposing development of fuel and hydrogen. He figured if you could You pull the hose and put the nozzle in cells: reverse the reaction, combining hydro- the tank and pump gas. The core tech- America’s energy security is threatened by gen and oxygen, you can produce elec- nology has not changed. our dependence on foreign oil. tricity and water. In effect, he burned Over the years, however, our depend- Absolutely. There is no question the hydrogen to produce electricity. ence on a foreign source of that petro- about that. Hydrogen can be derived from all leum has worsened, and become very America imports 55 percent of the oil it sorts of energy sources. You take the dangerous for our economy. consumes; that is expected to grow to 68 per- hydrogen from water and use it to Yesterday, the Secretary of State cent by the year 2025. Nearly all of our cars move through a fuel cell and use it to made a presentation at the United Na- and trucks run on gasoline. They are the power an automobile and out the back tions about the country of Iraq. Frank- main reason America imports so much oil. tailpipe, you get water vapor. What a ly, Iraq produces a lot of oil. So do Two-thirds of the 20 million barrels of oil wonderful thing. other countries in that region. Americans use each day is used for transpor- This is a picture of a Daimler-Chrys- It is a very troubled region. Yet our tation. ler fuel cell vehicle that in June of last economy is dependent on foreign The President went on to say: year went from San Francisco to Wash- sources of energy, much of it from that Fuel cell vehicles offer the best hope of ington, DC. This technology exists. It region. Is that something that makes dramatically reducing our dependence on is being perfected. sense for us, for the American econ- foreign oil. The next chart shows a Ford fuel cell omy, for the American people? The an- If tonight, God forbid, a network of vehicle ready for production, a proto- swer is no. terrorists interrupted the supply of im- type, in autumn 2002. This is not a fu- By talking about a technological ported oil to this country, tomorrow turistic technology; there are fuel cell change to a hydrogen economy and to morning this economy would be in des- cars on the road today. I have driven a the use of fuel cells, I am not sug- perate, desperate trouble. That is the fuel cell car out in front of the Capitol gesting we should not and will not jeopardy we have in this country with Building, a car that is run by batteries mine for coal, drill for oil and natural our dependence—overdependence—on powered by a fuel cell, that is using hy- gas. I believe we will continue to use foreign sources of energy. drogen as a fuel source. fossil fuel in our economy for a long Let me describe where this depend- The challenge is to make this tech- while. And I believe we need to do that. ence resides. And one can make one’s nology cost effective. I have been meet- But we also need to understand that own judgment about the stability of it ing with the CEOs and representatives it is time to change. After a century of all. of companies, Shell Hydrogen,

VerDate Mar 15 2010 21:10 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00015 Fmt 0637 Sfmt 0634 E:\2003SENATE\S06FE3.REC S06FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2036 CONGRESSIONAL RECORD — SENATE February 6, 2003 Methenex, UTC Fuel Cells, Union of We need an Apollo-type project—not Is $6.5 billion a significant invest- Concerned Scientists, Siemens Wes- timid, not baby steps, bold, big steps— ment? Absolutely. But over 10 years, tinghouse, just to name a few, to get that says: Here is our goal. Here is my plan would cost an amount equal to their ideas. A broad coalition of inter- what our country intends to do, and less than 1 percent of the President’s ests is coming together because they here is how. proposed $675 billion tax cut. recognize the promise of a hydrogen The President has proposed $1.2 bil- Now, in our debate over energy, there technology, going to a hydrogen econ- lion over 5 years for this fuel cell ini- will be discussion about where we omy using fuel cells in our future. tiative. About $700 million at most is should drill for oil. As I said before, my I mentioned a Ford Focus fuel cell new spending. And his proposal has State produces oil, coal, and natural car. Here is a picture of Ford Focus substantial redirection of funds from a gas. I believe we are going to continue fuel cell car that is being filled at a hy- range of other technologies we also to do that, and we should. But if our drogen fuel station. If we were to con- need to be developing: solar energy, strategy in energy is only to dig and wind energy, biomass, and the other re- vert the automobile fleet to fuel cells, drill, then our strategy should be newable and limitless sources of energy what would we have to do? We would called ‘‘yesterday forever.’’ And that is that exist. We need to continue to fund have to build vehicles with fuel cells. not going to solve the problem of de- the research that is so important on We would have to find a reliable supply pendence on foreign oil. of hydrogen, determine how we will get those limitless sources. In 2000, the president of Shell Oil at- the hydrogen, and then we have to have This initiative—one the President tended the World Petroleum Congress, the infrastructure, fueling infrastruc- supports, one I credit him for sup- and this is what he said: ture and stations and technology to porting—in my judgment deserves a make this a commercial reality. That strong financial commitment and ag- If the world thinks that carbon dioxide is one of the issues we have to deal gressive and strong goals to be set. It emissions should be reduced, I see this as an with. should not come at the expense of re- opportunity. The stone age didn’t end be- Fuel cell cars don’t have to be lim- search into other renewable sources of cause they ran out of stones, but as a result ited in size to a Ford Focus. For exam- energy. of competition from the bronze tools which better meet people’s needs. I feel there is ple, Nissan has another fuel cell proto- The Europeans are investing big in hydrogen. As discussed in a New York something in the air. People are ready to say type car—we are seeing more and more this is something we should do. companies involved in this—the Nissan Times article in October, the European Xterra, fueled by compressed hydrogen, Commission has committed $2 billion You know, that is what our charge is tested on California roads in the year over 5 years. They want to have a hy- at this point—to think ahead. We 2000. drogen economy. The Japanese are bet- should not develop a policy and debate General Motors now has an innova- ting big on hydrogen, as discussed in a a policy that is simply ‘‘yesterday for- tive prototype called the Hy-wire. This Business Week article. The Business ever,’’ and not to ignore the needs of particular car has a detachable exte- Week article says that: those that produce coal, natural gas, rior so you can buy multiple exteriors Tokyo’s fuel cell initiative has all the hall- and oil. We need to work with industry marks of a farsighted strategy and calls to leaders to make them part of the solu- with one chassis so you can switch be- mind Tokyo’s blossoming success in hybrids. tween an SUV or sedan. It has no steer- tion, part of the answer, part of the Americans are snapping up these fuel-effi- cutting-edge change that will lead us ing wheel or pedal. It is operated with cient, environmentally friendly cars. Fuel a joystick. This is a fuel-cell-powered cells could turn out to be a bigger, more im- to a hydrogen-based economy, with vehicle. portant chapter in the same book. fuel cells powering not only stationary To make this vision a reality, the I propose legislation that is bold. It engines, but especially that part of our private sector is going to need public is an Apollo-type project that says: energy usage that is growing so rap- investment. You might ask, why is Let’s set bold goals, $6.5 billion in a 10- idly, transportation. that the case? Virtually all of the new year program for hydrogen fuel cell re- I started by talking about my old technologies, the pole vaulting to new search, development, and infrastruc- Model T that I bought as a young boy. technologies, requires Federal involve- ture. I have been working with a num- I am hoping that in years to come, ment, requires governmental involve- ber of industry leaders in natural gas, someone walking into a showroom to ment. People these days forget, when oil, energy, methanol renewables, and buy a new car will be able to buy a they go on their computers and on to fuel cell industries. Interestingly really ‘‘new’’ vehicle, powered by fuel the Internet, they don’t remember that enough, the very companies that are cells, a vehicle that is part of a new hy- the Internet exists because the Govern- now involved in the development of oil drogen-based economy, one that can ment developed a project to create the and natural gas and electricity are the move this country into the future, Internet. Otherwise, the Internet would companies that are going to be in- strengthen its economy, and rescue us not exist. That was a government cre- volved in this technology. They are the from dependence on a supply of oil ation that then became privatized, de- ones on the leading edge, involved in from such enormously troubled parts of mocratized, and is now a ubiquitous cutting-edge technology with respect our world. presence all around the world. to a hydrogen economy. Will Rogers used to say: If we are going to change the basic This initiative will not displace cur- construct of our vehicle fleet—and yes, rent energy firms. They will be very When there is no place left to spit, you ei- stationary engines and other ap- actively involved in the creation and ther have to swallow your tobacco juice or change with the times. proaches to the use of power as well— development of this new future. but especially with respect to vehicles, What I propose is a substantial boost On energy, there is ‘‘no place left to because of what I described with the in- over what the President is proposing to spit,’’ in the vernacular. We have to creased use of oil in our transportation date, saying it is the right direction, change. We need to move beyond the fleet, the only way that will happen is but it is many steps short. Let’s do this same tired debate of where are we if we do what we have done in other and do it boldly. We need to fund infra- going to dig and drill. Let’s work with major technological challenges: We structure, fund research, and set goals. those that produce fossil fuels and say need to think big. We need to be bold. R&D funding, pilot projects, yes, tax you are valuable to this country and to When we decided we were going to ex- incentives for consumers who buy fuel our economy and will always be. Let’s plore space, President John F. Kennedy cell vehicles, all of that is necessary. work with them to say you will also be said, we will put a man on the Moon, But it needs to be broad, bold, new the pioneers in the development of a and he set a time deadline. America is money, not reprogrammed money, hydrogen economy, developing fuel going to put a man on the Moon. something that catches the imagina- cells for our future. We can do that. We need an Apollo-type project with tion of the American people that we This President says, let’s move in that respect to the development of a hydro- can make a change and decide our direction. I say, absolutely, good for gen-based economy and the use of fuel country will not be held hostage by oil you. But I say let’s do more than just cells, especially in our transportation coming from unstable regions of the move. Let’s be bold, establish a na- fleet. world. tional goal, and make this happen.

VerDate Mar 15 2010 21:10 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00016 Fmt 0637 Sfmt 0634 E:\2003SENATE\S06FE3.REC S06FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 6, 2003 CONGRESSIONAL RECORD — SENATE S2037 ASBESTOS IN ATTIC INSULATION by exposure to asbestos-tainted I am glad that EPA has taken aggres- Mrs. MURRAY. Mr. President, I rise vermiculite, and hundreds more people sive steps to protect people in that today to share a story with my col- from the town are sick. small Montana town. leagues. It’s a true story about a fam- When inhaled, asbestos can cause Senator BAUCUS deserves tremendous ily who happened to live in a neighbor- deadly diseases, from asbestosis to credit for the work he has done to hood in Spokane, WA. They could have mesothelioma, a deadly cancer of the bring Federal resources to Montana to easily been in Memphis or Minneapolis lining of the lung that is almost always help people in Libby. or Midland as well. But they lived in fatal. In fact, mesothelioma kills at And EPA deserves credit for doing my State, in Spokane, a typical Amer- least 2,000 people each year and is the right thing, and going in to remove ican city in Eastern Washington. caused only by asbestos. the insulation from Libby. The diseases induced by exposure to Mr. President, as part of realizing But what about the rest of the coun- asbestos result in horrible deaths and their American dream, Ralph Busch try? What about the millions of other they are nearly always fatal. Treat- and his wife Donna bought a house. homes with Zonolite insulation? ment is harsh and debilitating. Since EPA decided to help Libby, the They were newlyweds, and this was the These diseases can take years to agency anticipated the logical follow- home they bought after getting mar- strike. The late Congressman Bruce up question of what about the millions ried. They soon discovered that it need- Vento and the father of the modern of homes nationwide that contain the ed roof repairs, and so Ralph spent Navy, Admiral Elmo Zumwalt both same Zonolite insulation as homes in quite a bit of time in the attic, work- died from asbestos they had been ex- Libby. ing on his roof. posed to years earlier. According to the St. Louis Post-Dis- The following year they found they The asbestos-tainted insulation man- patch, the EPA had drafted news re- had to renovate an addition that was ufactured by the W.R. Grace Company leases, and drawn up lists of public offi- put on the house in the 1950s. was used in homes throughout the cials to notify. The agency was pre- They both had full-time jobs, so they country for decades. paring to embark on an outreach and spent many nights and weekends work- Vermiculite from Libby first started education campaign to let people know ing on their home. They knocked down being sold commercially in 1921, and about this hazard in their homes. walls and tore through the old insula- W.R. Grace bought the mine in 1963. But what stopped EPA from fol- tion, drywall and wood. They sanded Reviews of invoices indicate that more lowing through with its warning? and hammered and spent two entire than 6 million tons of Libby ore was It may have been the same person or years fixing up the place. shipped to hundreds of sites nationwide people who blocked another govern- One morning, Ralph was reading the for processing over the decades. ment health agency from warning newspaper. Just by chance, he came This chart behind me shows more workers about asbestos exposure. across a story about a company that than 300 sites across the Nation, where Last April, the National Institute for manufactured a household insulation ore was processed, in many cases to Occupational Safety and Health— called Zonolite. This insulation, he make Zonolite insulation. NIOSH—was preparing to release new read, was tainted with deadly asbestos. In internal memos and e-mails, the guidance for workers who come into Ralph suddenly realized that Environmental Protection Agency has contact with insulation in the course Zonolite was in his home. estimated that as many as 35 million of their daily work. Ralph Busch was stunned as it homes, schools and businesses may NIOSH was preparing to alert work- dawned on him. He had just spent two still contain this insulation. Moreover, ers, such as electricians, plumbers and years in his own home handling W.R. Grace knew the Libby mine con- maintenance workers, about how they Zonolite insulation and he and his wife tained asbestos when the company pur- can better protect themselves from ex- may have unknowingly been exposed to chased it in 1963. But Grace made mil- posure to asbestos in Zonolite insula- deadly asbestos. lions of tons of Zonolite anyway and tion. What would happen from his and his unabashedly marketed it as ‘‘safe.’’ These materials were prepared last wife’s exposure? If the manufacturer of this insulation April, but they still have not been re- How come no one had told him he knew it was contaminated with asbes- leased. had asbestos in his attic? tos, why didn’t it or the Federal Gov- Let me read from a ‘‘Pre-Decisional The Zonolite insulation was a prod- ernment make sure that Ralph Busch Draft’’ of a NIOSH Fact Sheet dated uct from the little town of Libby, MT. and millions of others across the coun- April 11, 2002. It was produced by the W.R. Grace try knew to leave it alone? I ask unanimous consent that it be Company. The answer to the first question is printed in the RECORD in its entirety. W.R. Grace mined vermiculite from that W.R. Grace still claims its product There being no objection, the mate- the hillside near Libby. The company isn’t harmful. The answer to the sec- rial was ordered to be printed in the turned the ore into insulation known ond question is more complicated. RECORD, as follows: as Zonolite by heating vermiculite to According to published reports and NIOSH RECOMMENDATIONS FOR REDUCING expand it into light granules. internal EPA documents, the EPA was RISK OF WORKER EXPOSURES TO The process was similar to popping preparing to tell the American people VERMICULITE THAT MAY BE CONTAMINATED popcorn. After sorting the popped about the dangers of Zonolite insula- WITH ASBESTOS vermiculite, W.R. Grace poured it into tion. But it didn’t happen. A vermiculite deposit formerly mined in bags and sold it to use as insulation. An investigation by Pulitzer Prize- Libby, Montana was contaminated with as- The company marketed Zonolite as winning reporter Andrew Schneider bestos, raising concerns about occupational ‘‘perfectly safe’’. . . found that last spring while it was ad- and public health risks to former miners, But laced throughout the vermiculite residents of Libby, and to workers and con- dressing the public health crisis in sumers who come in contact with in the ground near Libby, another min- Libby, MT, the EPA was preparing to eral was present: asbestos. W.R. vermiculite end-products, such as insulation tell the American people about the and potting soil. This fact sheet summarizes Grace’s process to make Zonolite and dangers of Zonolite insulation in mil- existing recommendations by the U.S. Cen- other products could not, and did not, lions of homes across this country. But ters for Disease Control’s (CDC) National In- remove all the asbestos from the end first, EPA had to deal with Libby. EPA stitute for Occupational Safety and Health product. Zonolite insulation contains decided it needed to minimize the expo- (NIOSH) for reducing risk of worker expo- between .5 percent and 8 percent asbes- sure of Libby residents to asbestos-con- sures to asbestos or to materials that may be tos. contaminated with asbestos. These rec- taminated vermiculite, and the agency ommendations serve as interim guidance The community of Libby has suffered drafted a press release announcing its immensely from decades of mining the from NIOSH for employers and workers in- decision. volved at sites where vermiculite used as deadly vermiculite ore used to make This document said that EPA: attic insulation or for other purposes may be Zonolite insulation and other con- . . . will spend $34 million to remove dan- contaminated with asbestos. NIOSH is con- sumer products. gerous asbestos-contaminated vermiculite ducting further research on vermiculite to At least 200 men and women from insulation from 70 percent of residential and provide more information on exposures that Libby have died from diseases caused commercial buildings in Libby. may pose the highest risks to workers.

VerDate Mar 15 2010 21:10 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00017 Fmt 0637 Sfmt 0634 E:\2003SENATE\S06FE3.REC S06FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2038 CONGRESSIONAL RECORD — SENATE February 6, 2003 How can a worker or an employer know if Employ wet methods or wetting agents, posed to vermiculite that may be contami- vermiculite they have is contaminated with unless wetting is not feasible or creates a nated with asbestos. Current plans are to: (1) asbestos? greater hazard (wetting absorbent conclude field exposure sampling, (2) send The only way to determine conclusively vermiculite materials in an attic may not be company-specific reports to each of the sur- whether vermiculite is contaminated is to feasible or advisable); veyed sites, and (3) prepare a summary of the have it analyzed by a trained microscopist. Use negative pressure air units, which are overall result of exposure assessments. (Any suggestions by NIOSH beyond OSHA large mobile units that combine a fan and a (Question will NIOSH be performing any 1910 regarding methods for bulk analysis HEPA filter critical for preventing other ex- field investigations to evaluate the occupa- would be extremely helpful and reduce much posures to non-workers, to keep airborne as- tional exposures to airborne asbestos associ- of the confusion we are seeing as polarized bestos levels to a minimum. Combined with ated with Vermiculite Attic Insulation light microscopy (PLM) has not been useful temporary barriers or enclosures, they can among commonly exposed workers (i.e. home in evaluating and predicting airborne levels be set up to make sure fibers do not contami- reconstruction workers, electricians, cable generated from VAI). nate other areas. TV workers) ?) As a rule, we believe that any vermiculite Dispose of wastes and debris contaminated Has NIOSH been involved in the public that originated in Libby, Montana, before with asbestos in leak-tight containers; health response for Libby community? NIOSH has been providing technical assist- 1990 should be regarded as potentially con- Never use compressed air to remove asbes- ance to the U.S. Environmental Protection taminated. It is known that vermiculite tos-containing materials; Agency (EPA) and the Agency for Toxic Sub- from Libby was sold as attic insulation Avoid dry sweeping, shoveling, or other stances and Disease Registry (ATSDR) which dry clean-up methods for dust and debris under the product name Zonolite Attic Insu- are the lead agencies for the Federal govern- containing vermiculite that is potentially lation, and that this product is still in homes ment in assessing current concerns about po- contaminated with asbestos without envi- throughout the United States. tential community health risks from asbes- (Comment: WR Grace estimates several ronmental controls to avoid spreading con- tos exposures in Libby. million homes contain VAI, which is most tamination; likely very conservative. If we don’t wish to Use proper respiratory protection. Mrs. MURRAY. Mr. President, provide any indication of the magnitude of Are there regulations that pertain to as- NIOSH recommended that workers: the potential VAI exposure in number of bestos-contaminated vermiculite? . . . should isolate the work area from homes, we should be clear about the poten- Yes, the Occupational Safety and Health other areas in order to avoid spreading fi- tial situation to provide a more accurate pic- Administration (OSHA) asbestos regulations bers, use local exhaust ventilation to reduce ture and warning. Also, it is uncertain (29 CFR 1910.1001 and 1926.1101) for general in- dust exposures, and use appropriate res- whether other vermiculite products not orig- dustry and construction should be consulted piratory protection. inating in Libby contain potentially haz- to determine if there are specific require- If the employer or worker is concerned ardous concentrations of asbestos, until we ments that need to be followed when han- about potential exposure, and if at all pos- have definitive information to the contrary dling asbestos-contaminated materials or po- sible, the vermiculite should not be dis- these materials should also be treated with tential asbestos-containing materials. Rel- turbed. caution) evant information is posted on the OSHA But, astonishingly, this guidance was How can workers be protected from asbes- Internet page at: http://www.osha.gov/SLTC/ never released. How many of the con- tos-contaminated vermiculite? asbestos/index.html. struction workers, maintenance people, They should isolate the work area from What should you do if you believe you have electricians, plumbers and homeowners been exposed to asbestos-containing other areas in order to avoid spreading fi- across the country know they should bers, use local exhaust ventilation to reduce vermiculite? dust exposures, and use appropriate res- Workers who believe they have had signifi- ‘‘avoid spreading fibers, use local ex- piratory protection. If the employer or work- cant past exposure to asbestos-containing haust ventilation or appropriate res- er is concerned about potential exposure, and vermiculite, should consider getting an ap- piratory protection?’’ if at all possible, the vermiculite should not propriate medical check up. The appendices I suspect that like Mr. Ralph Busch, be disturbed. to the OSHA asbestos standard describe the thousands of people across the U.S. are Which respirators are appropriate to pro- types of tests a physician will need to pro- not taking these important pre- tect workers from asbestos exposure? vide. cautions because they are simply un- If asbestos cannot be contained to below What did NIOSH find from past studies at aware of the danger. 0.1 fibers per cubic centimeter of air (fiber/ Libby, Montana? I would like to read to my colleagues 3 NIOSH has responded to past and current cm ) by engineering controls and good work another section from the never-re- practices, or when engineering controls are concerns about worker health by conducting being installed or maintained, appropriate needed research and disseminating its find- leased NIOSH Fact Sheet. This was in respirators should be provided to workers. ings. In the 1980s, NIOSH conducted research response to the question about how When respirators are worn, it is advisable to and communicated findings about job-re- workers can know if the vermiculite wear a fit-tested, tight fitting half-mask air- lated exposures and health effects among they have is contaminated with asbes- purifying particulate respirator (not a dis- workers employed in mining and milling tos. It says: posable dust mask) equipped with an N–100 vermiculite in Libby, Montana. As a rule, we believe that any vermiculite filter or better, because of the potential for Our past studies identified asbestos con- that originated in Libby, Montana, before episodic exposure to 1 fiber/cm 3. A tight-fit- tamination in the vermiculite mined and 1990 should be regarded as potentially con- ting powered air-purifying respirator should milled in Libby. taminated . . . be provided instead of a negative-pressure We determined, from examination of x- It is known that vermiculite from Libby respirator whenever an employee chooses to rays of Libby miners, that the miners was sold as attic insulation under the prod- use this type of respirator. Tight fitting res- showed evidence of adverse health effects as- uct name Zonolite Attic Insulation and that pirators should be used in conjunction with a sociated with asbestos exposure. this product is still in homes throughout the comprehensive respiratory protection pro- In a review of death certificates of former United States. gram under the direction of a health and Libby vermiculite miners, we identified an But especially interesting is the next excess of deaths from lung cancer, and other safety professional. Further information section, which is in parentheses as a concerning respirator selection can be found lung diseases that are known to be related to on the NIOSH web site at: http:// asbestos exposure. comment by the author: www.cdc.gov/niosh; or the OSHA web site at: We made our findings available in 1985 W.R. Grace estimates several million http://www.osha.gov. through meetings in Libby with workers and homes contain ‘‘vermiculite attic insula- What can workers do to protect themselves their representatives, employer representa- tion,’’ which is most likely very conserv- from exposure to asbestos-contaminated tives, and members of the community. We ative. vermiculite? also published the results in peer-reviewed If we don’t wish to provide any indication If at all possible, avoid handling or dis- scientific journals. of the magnitude of the potential VAI (or turbing loose vermiculite that is not con- Is NIOSH planning further occupational vermiculite attic insulation) exposure in tained in a manner that will prevent the re- health research on vermiculite? number of homes, we should be clear about lease of airborne dust. NIOSH is currently conducting research to the potential situation to provide a more ac- Workers should guard against bringing help determine whether the processing of curate picture and warning. dust home to the family on clothes by using vermiculite produced by mines other than I must ask my colleagues, why disposable protective clothing or clothing the Libby mine results in workplace expo- wouldn’t NIOSH or others in the Ad- that is left in the workplace. Do not launder sure to asbestos. Vermiculite is used in a va- ministration—when they are taking riety of occupational settings including con- work clothing with family clothing. great pains to do the job right in Some measures can be used to avoid struction, agriculture, horticulture, and for spreading potentially contaminated dusts: miscellaneous industrial applications. Libby—want to share with workers and Use vacuum cleaners equipped with High- Through carefully designed sampling, NIOSH the public an indication of the mag- Efficiency Particulate Air (HEPA) filters to will be better able to define the extent to nitude of the number of homes with as- collect asbestos-containing debris and dust; which workers may be occupationally ex- bestos-tainted vermiculite?

VerDate Mar 15 2010 21:10 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00018 Fmt 0637 Sfmt 0634 E:\2003SENATE\S06FE3.REC S06FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 6, 2003 CONGRESSIONAL RECORD — SENATE S2039 Isn’t it our government’s job to pro- An internal e-mail from John F. health risk has been criticized by a former tect people from risks associated with Wood, the Deputy General Counsel at EPA administrator under two Republican hazardous substances such as asbestos? OMB, to staff at EPA contained details presidents, a Democratic U.S. senator and Don’t we need to know the scope of about finalizing the Action Memo for physicians and scientists who have treated victims of the contamination. the problem in order to help gauge the Libby. The announcement to warn the public was extent of the potential risks? Also copied on the e-mail were OMB expected in April. It was to accompany a Why aren’t we warning workers and Deputy Director Nancy Dorn and Asso- declaration by the EPA of a public health giving them the new guidance that has ciate Director of Natural Resources emergency in Libby, Mont. In that town near already been drafted by NIOSH? Programs Marcus Peacock. the Canadian border, ore from a vermiculite Interestingly enough, on April 10, Here’s what OMB’s lawyer wrote to mine was contaminated with an extremely 2002, the day before the date on this EPA. I ask unanimous consent that lethal asbestos fiber called tremolite that has killed or sickened thousands of miners NIOSH Fact Sheet, EPA received a let- this e-mail be printed in the RECORD. and their families. ter from W.R. Grace defending their There being no objection, the mate- Ore from the Libby mine was shipped harmful product. rial was ordered to be printed in the across the nation and around the world, end- The letter read: RECORD, as follows: ing up in insulation called Zonolite that was Zonolite Attic Insulation (ZAI) has been John—thank you for your efforts to allevi- used in millions of homes, businesses and insulating homes for over 60 years and there ate my concerns. Here are just a few edits, schools across America. is no credible reason to believe that ZAI has which are necessary to avoid the problems A public health emergency declaration had ever caused an asbestos-related disease in we discussed earlier. Please be sure to ob- never been issued by any agency. It would anyone who has used it in his/her home. serve the deletion of the citation of Sect. have authorized the removal of the disease- 104(a)(4). causing insulation from homes in Libby and How then does Grace explain the fact also provided long-term medical care for that the company has settled at least Mrs. MURRAY. Mr. President, it says: those made sick. Additionally, it would have 25 bodily injury claims caused by expo- triggered notification of property owners sure to Zonolite? Thank you for your efforts to alleviate my elsewhere who might be exposed to the con- Make no mistake. W.R. Grace is a concerns. Here are just a few edits, which are taminated insulation. company with one of the worst public necessary to avoid the problems we discussed Zonolite insulation was sold throughout earlier. Please be sure to observe the dele- North America from the 1940s through the health and environmental records in tion of the citation of Sect. 104 (a) (4). America. I draw my colleague’s atten- 1990s. Almost all of the vermiculite used in the insulation came from the Libby mine, tion to a 1998 article by Dr. David What is Section 104 (a) (4)? It is a clause in the Superfund law, last owned by W.R. Grace & Co. Egilman, Wes Wallace and Candace which enables the EPA to declare a In a meeting in mid-March, EPA Adminis- Hom published in the journal Account- public health emergency. trator Christie Todd Whitman and Marianne ability in Research entitled ‘‘Corporate Horinko, head of the Superfund program, And why did OMB tell the EPA to Corruption of Medical Literature: As- met with Paul Peronard, the EPA coordi- ‘‘delete the citation’’ to Section 104 (a) bestos Studies Concealed by W.R. nator of the Libby cleanup and his team of (4)? health specialists. Whitman and Horinko Grace & Co.’’ We don’t know for sure, but if EPA I will read briefly from the abstract asked tough questions, and apparently got had issued the public health emergency the answers they needed. They agreed they of this article: for Libby under Superfund, then the had to move ahead on a declaration, said a In 1963, W.R. Grace acquired the mine (in agency would have had to answer ques- participant in the meeting. Libby) and employee health problems at the tions about asbestos-tainted insulation By early April, the declaration was ready mine became known to W.R. Grace execu- to go. News releases had been written and re- tives and to Grace’s insurance company, from every other homeowner in the written. Lists of governors to call and politi- Maryland Casualty. country. cians to notify had been compiled. Internal In 1976, in response to tighter federal regu- Here is what the St. Louis Post-Dis- e-mail shows that discussions had even been lation of asbestos and asbestos-containing patch investigation concluded: held on whether Whitman would go to Libby products, W.R. Grace funded an animal study The Environmental Protection Agency was for the announcement. of tremolite toxicity. on the verge of warning millions of Ameri- But the declaration was never made. They hoped to prove that tremolite did not cans that their attics and walls might con- DERAILED BY WHITE HOUSE cause mesothelioma, the cancer uniquely as- tain asbestos-contaminated insulation. But, Interviews and documents show that just sociated with asbestos exposure. However, at the last minute, the White House inter- days before the EPA was set to make the the study showed that tremolite did cause vened, and the warning has never been declaration, the plan was thwarted by the mesothelioma. issued. White House Office of Management and W.R. Grace never disclosed the results of The Post-Dispatch got reaction from Budget, which had been told of the proposal this animal study, nor did they disclose their months earlier. knowledge of lung disease in the Libby work- an EPA staffer about OMB’s interven- Both the budget office and the EPA ac- ers, either to the workers themselves or to tion: knowledge that the White House agency was regulatory agencies. It was like a gut shot,’’ said one of those actively involved, but neither agency would These actions were intentional, and were senior staffers involved in the decision. ‘‘It discuss how or why. motivated by Grace’s conscious decision to wasn’t like they ordered us not to make the The EPA’s chief spokesman Joe Martyak prioritize corporate profit over human declaration, they just really, really strongly said, ‘‘Contact OMB for the details.’’ health. suggested against it. Really strongly. There Budget office spokesperson Amy Call said, Given the facts that W.R. Grace has was no choice left. ‘‘Those questions will have to be addressed knowingly manufactured and sold an Mr. President, I ask unanimous con- to the EPA.’’ asbestos-tainted product, has sup- sent that the St. Louis Post-Dispatch Call said the budget office provided word- pressed research findings showing that article be printed in the RECORD. ing for the EPA to use, but she declined to tremolite asbestos causes cancer, and There being no objection, the mate- say why the White House opposed the dec- rial was ordered to be printed in the laration and the public notification. has denied that their product is poten- ‘‘These are part of our internal discussions tially dangerous, the company is woe- RECORD, as follows: with EPA, and we don’t discuss predecisional fully lacking for credibility. [From the St. Louis Post-Dispatch, Dec. 29, deliberations,’’ Call said. Which brings us to our question: If 2002] Both agencies refused Freedom of Informa- EPA was planning to warn the Amer- WHITE HOUSE OFFICE BLOCKED EPA’S tion Act requests for documents to and from ican public about the dangers of ASBESTOS CLEANUP PLAN the White House Office of Management and Zonolite insulation, what stopped EPA (By Andrew Schneider) Budget. The budget office was created in 1970 to WASHINGTON.—The Environmental Protec- from following through with its plan? evaluate all budget, policy, legislative, regu- tion Agency was on the verge of warning Why aren’t we warning homeowners latory, procurement and management issues millions of Americans that their attics and nationwide about Zonolite insulation? on behalf of the president. Why aren’t we warning workers and walls might contain asbestos-contaminated insulation. But, at the last minute, the OFFICE INTERFERED BEFORE giving them new safety guidelines? White House intervened, and the warning has Former EPA administrator William The answers might lie, not with the never been issued. Ruckelshaus, who worked for Presidents EPA, but with the White House Office The agency’s refusal to share its knowl- Richard Nixon and Ronald Reagan, called of Management and Budget, OMB. edge of what is believed to be a widespread the decision not to notify homeowners of the

VerDate Mar 15 2010 21:10 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00019 Fmt 0637 Sfmt 0634 E:\2003SENATE\S06FE3.REC S06FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2040 CONGRESSIONAL RECORD — SENATE February 6, 2003 dangers posed by Zonolite insulation ‘‘the declaration, they just really, really strongly meant increased disturbance of the insula- wrong thing to do.’’ suggested against it. Really strongly. There tion in the homes there. ‘‘When the government comes across this was no choice left.’’ It’s ‘‘a shallow argument,’’ the memo said. kind of information and doesn’t tell people She and other staff members said Whitman ‘‘There are older homes which exist in harsh about it, I just think it’s wrong, unconscion- was personally interested in Libby and the or harsher conditions across the country. able, not to do that,’’ he said. ‘‘Your first ob- national problems spawned by its asbestos- Residents in Maine and Michigan might find ligation is to tell the people living in these tainted ore. The EPA’s inspector general had this argument flawed.’’ homes of the possible danger. They need the reported that the agency hadn’t taken action No one knows precisely how many dwell- information so they can decide what actions more than two decades earlier when it had ings are insulated with Zonolite. Memos are best for their family. What right does the proof that the people of Libby and those from the EPA and the Agency for Toxic Sub- government have to conceal these dangers? using asbestos-tainted Zonolite products stances and Disease Registry repeatedly cite It just doesn’t make sense.’’ were in danger. an estimate of between 15 million and 35 mil- But, he added, pressure on the EPA from Whitman went to Libby in early Sep- lion homes. the budget office or the White House is not tember 2001 and promised the people it would A government analysis of shipping records unprecedented. never happen again. from W.R. Grace show that at least 15.6 bil- Ruckelshaus, who became the EPA’s first ‘‘We want everyone who comes in contact lion pounds of vermiculite ore was shipped administrator when the agency was created with vermiculite—from homeowners to from Libby to 750 plants and factories by Nixon in 1970, said he never was called by handymen—to have the information to pro- throughout North America. the president directly to discuss agency deci- tect themselves and their families,’’ Whit- Between a third and half of that ore was sions. He said the same held true when he man promised. popped into insulation and usually sold in 3- was called back to lead the EPA by Reagan SUITS, BANKRUPTCIES GROW foot-high kraft paper bags. after Anne Gorsuch Burford’s scandal- Political pragmatists in the agency knew Government extrapolations and interviews plagued tenure. the administration was angered that a flood with former W.R. Grace Zonolite salesmen Calls from a White House staff member or of lawsuits had caused more than a dozen indicate that Illinois may have as many as the Office of Management and Budget were major corporations—including W.R. Grace— 800,000 homes with Zonolite, Michigan as another matter. to file for bankruptcy protection. The suits many as 700,000. Missouri is likely to have ‘‘The pressure could come from industry sought billions of dollars on behalf of people Zonolite in 380,000 homes. pressuring OMB or if someone could find a injured or killed from exposure to asbestos With four processing plants in St. Louis, it friendly ear in the White House to get them in their products or workplaces. is estimated that more than 60,000 homes, of- to intervene,’’ Ruckelshaus said. ‘‘These Republicans on Capitol Hill crafted legisla- fices and schools were insulated with issues like asbestos are so technical, often so tion—expected to be introduced next Zonolite in the St. Louis area alone. convoluted, that industry’s best chance to month—to stem the flow of these suits. Eventually, the internal documents show, stop us or modify what we wanted to do Nevertheless, Whitman told her people to acceptance grew that the agency should de- would come from OMB.’’ move forward with the emergency declara- clare a public health emergency. The question about what to do about tion. Those in the EPA who respect their In a confidential memo dated March 28, an Zonolite insulation was not the only asbes- boss fear that Whitman may quit. EPA official said the declaration was ten- tos-related issue in which the White House She has taken heat for other White House tatively set for April 5. intervened. decisions such as a controversial decision on But the declaration never came. Instead, In January, in an internal EPA report on levels of arsenic in drinking water, easing Superfund boss Horinko on May 9 quietly or- problems with the agency’s much-criticized regulations to allow 50-year-old power plants dered that asbestos be removed from con- response to the terrorist attacks in New to operate without implementing modern taminated homes in Libby. There was no na- York City, a section on ‘‘lessons learned’’ pollution controls and a dozen other actions tional warning of potential dangers from said there was a need to release public health which environmentalists say favor industry Zonolite. And there was no promise of long- and emergency information without having over health. term medical care for Libby’s ill and dying. it reviewed and delayed by the White House. Newspapers in her home state of New Jer- The presence of the White House budget of- ‘‘We cannot delay releasing important pub- sey ran front page stories this month saying fice is noted throughout the documents. The lic health information,’’ said the report. Whitman had told Bush she wanted to leave press announcement of the watered-down de- ‘‘The political consequences of delaying in- the agency. cision was rewritten five times the day be- formation are greater than the benefit of Spokesman Martyak said his boss is stay- fore it was released to accommodate budget centralized information management.’’ ing on the job. office wording changes that played down the It was the White House budget office’s Of- changes that played down the dangers. EPA WAS POISED TO ACT fice of Information and Regulatory Affairs DANGERS OF ZONOLITE that derailed the Libby declaration. The reg- In October, the EPA complied with a free- The asbestos in Zonolite, like all asbestos ulatory affairs office is headed by John Gra- dom of Information Act request and gave the products, is believed to be either a minimal ham, who formerly ran the Harvard Center Post-Dispatch access to thousands of docu- risk or no risk if it is not disturbed. The as- for Risk Analysis. ments—in nine large file boxes. There were bestos fibers must be airborne to be inhaled. His appointment last year was denounced hundreds of e-mails, scores of ‘‘action The fibers then become trapped in the lungs, by environmental, health and public advo- memos’’ describing the declaration and piles where they may cause asbestosis, lung can- cacy groups, who claimed his ties to industry of ‘‘communication strategies’’ for how the cer and mesothelioma, a fast-moving cancer were too strong. Graham passes judgment announcement would be made. of the lung’s lining. over all major national health, safety and The documents illustrated the internal and The EPA’s files are filled with studies doc- environmental standards. external battle over getting the declaration umenting the toxicity of tremolite, how even Sen. Dick Durbin, D–Ill., urged colleagues and announcement released. minor disruptions of the material by moving to vote against Graham’s appointment, say- One of the most contentious concerns was boxes, sweeping the floor or doing repairs in ing Graham would have to recuse himself the anticipated national backlash from the attics can generate asbestos fibers. from reviewing many rules because affected Libby declaration. EPA officials knew that if This also has been confirmed by simula- industries donated to the Harvard University the agency announced that the insulation in tions W.R. Grace ran in Weed-sport, N.Y. in Center. Montana was so dangerous that an emer- July 1977; by 1997 studies by the Canadian Thirty physicians, 10 of them from Har- gency had to be declared, people elsewhere Department of National Defense; and by the vard, according to The Washington Post, whose homes contained the same contami- U.S. Public Health Service, which reported wrote the committee asking that Graham nated Zonolite would want answers or per- in 2000, that ‘‘even minimal handling by not be confirmed because of ‘‘a persistent haps demand to have their homes cleaned. The language of the declaration was mold- workers or residents poses a substantial pattern of conflict of interest, of obscuring ed to stress how unique Libby was and to health risk.’’ and minimizing dangers to human health play down the national problem. Last December, a study by Christopher with questionable cost-benefit analyses, and But many in the agency’s headquarters Weis, the EPA’s senior toxicologist sup- of hostility to governmental regulation in and regional offices didn’t buy it. porting the Libby project, reported that ‘‘the general.’’ In a Feb. 22 memo, the EPA’s Office of Pol- concentrations of asbestos fibers that occur Repeated requests for interviews with Gra- lution Prevention and Toxics said ‘‘the na- in air following disturbance of (insulation) ham or anyone else involved in the White tional ramifications are enormous’’ and esti- may reach levels of potential human health House budget office decision were denied. mated that if only 1 million homes have concerns.’’ ‘‘IT WAS LIKE A GUT SHOT’’ Zonolite ‘‘(are) we not put in a position to Most of those who have studied the needle- Whitman, Horinko and some members of remove their (insulation) at a national cost sharp tremolite fibers in the Libby ore con- their top staff were said to have been out- of over $10 billion?’’ sider them far more dangerous than other as- raged at the White House intervention. The memo also questioned the agency’s bestos fibers. ‘‘It was like a gut shot.’’ said one of those claim that the age of Libby’s homes and se- In October, the EPA team leading the senior staffers involved in the decision. ‘‘It vere winter conditions in Montana required a cleanup of lower Manhattan after the at- wasn’t that they ordered us not to make the higher level of maintenance, which in turn tacks of Sept. 11 went to Libby to meet with

VerDate Mar 15 2010 21:10 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00020 Fmt 0637 Sfmt 0634 E:\2003SENATE\S06FE3.REC S06FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 6, 2003 CONGRESSIONAL RECORD — SENATE S2041 Peronard and his crew. The EPA had re- contain vermiculite insulation even Again, thank you for your support of versed an early decision and announced that though HER OWN AGENCY has esti- EPA’s cleanup efforts in Libby, Montana and it would be cleaning asbestos from city mated it may be between 15 and 35 mil- your commitment to making sure that peo- apartments. lion homes, schools, and businesses. ple nationwide are not at risk from asbestos. Libby has been a laboratory for doing just The Agency looks forward to working with that. Mr. President, I ask unanimous con- you and your staff to continue our mutual Peronard told the visitors from New York sent that Administrator Whitman’s goal to protect the health and welfare of the just how dangerous tremolite is. He talked letter be printed in the RECORD. residents of Libby, Montana, and of the about the hands-on research in Libby of Dr. There being no objection, the mate- United States. If you have further questions Alan Whitehouse, a pulmonologist who had rial was ordered to be printed in the or concerns, please contact me, or your staff worked for NASA and the Air Force on ear- RECORD, as follows: may contact Betsy Henry in the Office of lier projects before moving to Spokane, U.S. ENVIRONMENTAL Congressional and Intergovernmental Rela- Wash. PROTECTION AGENCY, tions at (202) 564–7222. ‘‘Whitehouse’s research on the people here Washington, DC, January 16, 2003. Sincerely yours, gave us our first solid lead of how bad this Hon. PATTY MURRAY, CHRISTINE TODD WHITMAN. tremolite is,’’ Peronard said. U.S. Senate, Whitehouse has not only treated 500 people Washington, DC. from Libby who are sick and dying from ex- DEAR SENATOR MURRAY: Thank, you for ENCLOSURE: EPA OFFICE OF SOLID WASTE AND posure to tremolite. The chest specialist also your letters dated January 3, 2003, to me and EMERGENCY RESPONSE AND OFFICE OF PRE- has almost 300 patients from Washington Mitch Daniels, Director of the Office of Man- VENTION, PESTICIDES AND TOXIC SUB- shipyards and the Hanford, Wash., nuclear agement and Budget (OMB), regarding EPA’s STANCES facility who are suffering health effects from efforts to address asbestos contamination in exposure to the more prevalent chrysotile DETAILED RESPONSES TO SENATOR PATTY the town of Libby, Montana. I am responding asbestos. MURRAY’S QUESTIONS ON VERMICULITE ATTIC for both OMB and the Environmental Protec- Comparing the two groups, Whitehouse has INSULATION AND THE LIBBY, MONTANA CLEAN- tion Agency (EPA). demonstrated that the tremolite from Libby UP I assure you that since my tenure at the is 10 times as carcinogenic as chrysotile and Agency, every action regarding Libby, Mon- probably 100 times more likely to produce What were EPA’s recommendations on forma- tana has been taken with the goal of pro- mesothelioma than chrysotile. tion of a policy to inform consumers of po- W.R. Grace has maintained that its insula- tecting the health of Libby residents from tential dangers from exposure to Zonolite tion is safe. On April 3 of this year, the com- further harm. After visiting with the resi- insulation? dents of Libby Montana in September 2001, I pany wrote a letter to Whitman again insist- The Agency’s activity in Libby reflects a ing its product was safe and that no public committed to have EPA do everything as quickly and comprehensively as possible to unique situation where citizens have been health declaration or nationwide warning exposed for many years to widespread, high was warranted. remove the multiple sources of asbestos ex- posure of Libby residents. The Action Memo levels of asbestos contamination, and suffer Dr. Brad Black, who runs the asbestos clin- unprecedented rates of asbestos related ill- ic in Libby and acts as health officer for signed on May 9, 2002, authorized significant ness. After extensive consideration of sci- Montana’s Lincoln County, says ‘‘people additional measures in Libby, including the entific and health-related information, the have a right to be warned of the potential removal of attic insulation. Cleanup work Agency concluded that residents in Libby danger they may face if they disturb that has proceeded at an aggressive pace and sub- were a sensitive population, and asbestos ex- stuff.’’ stantial sources of exposure have already posure which would otherwise present an ac- Marytak, chief EPA spokesman, argues been removed. ceptable risk to a healthy population may that the agency has informed the public of While enclosed are EPA’s Office of Solid cause an increase in disease for a highly im- the potential dangers. ‘‘It’s on our Web site,’’ Waste and Emergency Response detailed re- pacted community like Libby. EPA decided he said. sponses to your questions, I want to make it Sen. Patty Murray, D-Wash., is sponsoring clear that neither OMB nor any other Fed- to remove all potential sources of exposure legislation to ban asbestos in the United eral agencies directed EPA to take a specific to asbestos in Libby, including asbestos con- States. She said the Web site warning is a course of action regarding whether to em- tamination in yards, playgrounds, parks, in- joke. ploy the public health emergency provision dustrial sites, the interiors of homes and ‘‘EPA’s answer that people have been of the Comprehensive Environmental Re- businesses, and vermiculite attic insulation. warned because it’s on their Web site is ri- sponse and Liability Act (‘‘CERCLA’’, or the The Agency’s guidance to consumers out- diculous,’’ she said. ‘‘If you have a computer, Superfund Law). The Agency made its deci- side of Libby has consistently been to man- and you just happened to think about what’s sion regarding the removal of asbestos con- age in place asbestos or asbestos containing in your attic, and you happen to be on EPA’s taminated vermiculite attic insulation from products found in the home. Based on cur- Web page, then you get to know. This is not Libby homes in order to reduce the cumu- rently available information and studies the the way the safety of the public is handled. lative exposure to residents as quickly as Agency continues to believe that, absent the ‘‘We, the government, the EPA, the admin- possible. EPA based this decision on many unique conditions present at Libby, istration have a responsibility to at least let factors, including legal, scientific, and prac- vermiculite insulation poses minimal risk if people know the information so they can tical considerations. The Agency concluded left undisturbed. If removal of the insulation protect themselves if they go into those at- that asbestos contaminated vermiculite in- is desired, the Agency recommends that this tics,’’ she said. sulation found in homes in Libby could be re- work be done professionally. moved without a public health emergency. Mrs. MURRAY. Mr. President, be- To better understand the potential risks of cause of OMB’s involvement, EPA Ultimately, EPA chose not to rely upon CERCLA’s health emergency provision, in asbestos contaminated vermiculite attic in- never conducted the planned outreach part, to minimize the possibility of removal sulation, EPA’s Office of Prevention, Pes- to warn people about Zonolite. work being delayed by possible legal chal- ticides and Toxic Substances (OPPTS) initi- NIOSH’s guidance to workers about lenges to this untested approach, and instead ated the first phase of a limited study to how to protect themselves was never fi- relied upon more traditional removal au- evaluate the level of asbestos in vermiculite nalized. thorities. attic insulation in homes in the Spring of 2001. The study included six homes in In response to these shocking re- Additional, I want to clarify that the deci- sion to proceed with the cleanup in Libby is Vermont and simulations in an enclosure. ports, on January 3, 2003, I wrote to This preliminary study will be used to help EPA Administrator Whitman and OMB unrelated to the larger issue of whether as- bestos contaminated vermiculite insulation the Agency design the next phase of a more Director Daniels to get some answers. poses a risk outside of Libby, Montana. Sev- comprehensive study and to help determine Mr. Daniels has not yet responded to eral questions in your letter imply that in- whether the Agency’s guidance in place for the allegations that his office blocked voking the public health provision in many years—to manage asbestos contami- the announcement. CERCLA for the situation in Libby would nated material in place or hire professionals Ms. Whitman wrote that she is re- give the Agency additional authority or im- to conduct removals—is still appropriate or sponding on behalf of OMB. I can only pose additional requirements to inform the should be revised. Formal external peer re- public nationwide about the health risks as- view is finished for the first phase of the ascribe this to OMB’s desire to remain study. The Agency’s Office of Research and unaccountable and to hide the role it sociated with asbestos contaminated vermiculite attic insulation. This is not the Development (ORD), as well as others, are played in these decisions. currently reviewing the preliminary study. Ms. Whitman’s response was woefully case. While the experience and data collected in Libby are important to a larger national Based on the findings from this study, EPA inadequate. She failed to explain the evaluation, the Libby cleanup and the Agen- will revise or supplement the existing guid- nature or the substance of OMB’s in- cy’s national evaluation of the potential ance and outreach materials as necessary, volvement. She also wrote that it is risks of asbestos contaminated attic insula- and further inform the public about how best not possible to know how many homes tion are on parallel but different tracks. to manage vermiculite attic insulation.

VerDate Mar 15 2010 21:10 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00021 Fmt 0637 Sfmt 0634 E:\2003SENATE\S06FE3.REC S06FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2042 CONGRESSIONAL RECORD — SENATE February 6, 2003 2. Top what extent were OMB and other federal 4. Which outside parties, such as corporations, This issue is important to me be- agencies and departments involved in the non-governmental organizations or associa- cause residents in my State are being decision whether to declare a public health tions, did EPA consult with on these deci- exposed to asbestos from Zonolite. emergency in Libby or to notify people na- sions? And, Mr. President, constituents in tionwide of the dangers potentially posed by During the more than two years in which exposure to Zonolite? your state and every other State in EPA has been working on Libby, Agency of- America may also have this insulation. ficials have met with the Libby community EPA consulted extensively with other fed- I am deeply concerned that most peo- eral and state partners in determining the and its Technical Assistance Group, other best course of action to address all sources of agencies, businesses in Libby and inter- ple with Zonolite in their homes are asbestos contamination in Libby. This in- national corporations, various associations, completely unaware of this problem. I cluded the Office of Management and Budget the State and subcommittees of both houses am afraid most will not learn of it (OMB), the Department of Health and of the U.S. Congress. Community members, until they have already been exposed Human Services, the Center for Disease Con- the Vermiculite Association, and W.R. Grace to dangerous levels of asbestos. And I trol, the Agency for Toxic Substances and Corporation have all corresponded with the am most concerned that this adminis- Disease Registry, U.S. Geological Survey, Agency to state their opinions or to ask for tration may be stifling EPA’s efforts to information about our work at the site. Occupational Safety and Health Administra- warn homeowners, consumers, and tion, the State of Montana, and many others. 5. What was OMB’s final recommendation to workers because of pressure from W.R. These consultations focused on scientific EPA? What recommendations, if any, did issues associated with asbestos contami- EPA receive from other federal agencies and Grace. nated vermiculite exposure, not to discuss departments? And I must remind my colleagues: public health emergency declarations. The Neither OMB, nor any other federal agency there is no safe known level of expo- Agency was also contacted by several mem- directed EPA to use a specific course of ac- sure to asbestos. Deadly diseases such bers of Congress who wished to express the tion regarding whether to employ the health as asbestosis, lung cancer and mesothe- depth of their concern and share their views emergency provision of CERCLA. As stated lioma can develop decades after just regarding this matter. In general, EPA tries previously, EPA consulted extensively with brief exposures to high concentrations to share information and discuss potential other federal partners, including OMB, in de- of asbestos. response decisions with interested parties, termining the best course of action to ad- Ultimately, I believe Administrator especially those with expertise in the area, dress all sources of asbestos contamination. so it can make the most informed decision. Whitman wanted to do the right thing 6. Who ultimately directed EPA not to issue a After consulting broadly with experts in by warning homeowners nationwide to public health emergency in Libby last spring be careful if they have Zonolite in their the field, the Agency determined a course of nor to proactively notify the public in a action regarding both the removal of asbes- proper manner? homes when the agency began remov- tos contaminated vermiculite attic insula- ing Zonolite from homes in Libby, MT. No one directed the Agency. The decision tion and the public outreach to be conducted But she was stopped. The reasons may beyond Libby, Montana. These decisions was made by EPA. After searching broadly for input from the many agencies within the never be known—the excuse may be were made by the Administrator, in close buried in ‘‘executive privilege.’’ consultation with the Office of Solid Waste Executive Branch with expertise to inform and Emergency Response, the Office of En- our thinking, the Agency decided to perform So where do we go from here? forcement and Compliance Assurance, the the cleanup under traditional Superfund pro- First, I hope my colleagues will sup- Office of General Counsel, the Office of Pre- gram removal authorities. Furthermore, re- port efforts to get to the bottom of vention, Pesticides and Toxic Substances, garding outreach on the Libby decision, the what stopped the EPA from warning and EPA Region 8. Agency has conducted many public meetings the public. We have to increase pres- concerning the Libby cleanup, and testified 3. What process did the Administration use in before Congress in July, 2001. Since the sure on EPA, NIOSH, and other public making these decisions? Specifically what Agency’s first removal actions, the On-Scene health agencies to raise public aware- roles did individual agencies play and who Coordinator in Libby has been in regular ness about Zonolite. in these agencies was involved in the proc- contact with the citizens of Libby discussing Second, I hope my colleagues will ess? the progress of the cleanup and commu- support legislation to ban asbestos in EPA’s primary focus was on protecting the nicating about the issues of the vermiculite America and to warn people about the residents of Libby by removing the multiple attic insulation. The Administrator also potential dangers posed by Zonolite in- sources of asbestos exposure as quickly as spoke extensively on issues concerning sulation. possible. EPA considered many factors, in- vermiculite contamination during her visit I appreciate the support for this leg- cluding the National Oil and Hazardous Sub- to Libby, Montana in September of 2001. islation I have received from Senators stances Pollution Contingency Plan. Ulti- 7. What are EPA’s most current estimates of BAUCUS, CANTWELL, DAYTON, and our mately, the Agency chose not to rely upon how many homes, businesses and schools CERCLA’s health emergency provision, in still contain Zonolite? How did EPA derive late colleague, Senator Wellstone, who part, to minimize the possibility of removal these numbers? were original cosponsors. work being delayed by possible legal chal- Over the years several attempts have been I have been working to raise aware- lenges to this novel approach, and instead re- made to estimate the number of homes that ness about the current dangers of as- lied upon more traditional removal authori- may contain vermiculite attic insulation. bestos for over 2 years. ties. EPA concluded that homes in Libby While numbers have been included in at least In July of 2001, I chaired a Senate contained vermiculite attic insulation that one study conducted for the Agency in 1985, Health, Education, Labor and Pensions did not constitute a ‘‘product.’’ The Agency the Agency does not believe that these esti- Committee hearing on asbestos and therefore could clean up the insulation with- mates are reliable. EPA recently again tried out addressing the question of whether it workplace safety. to estimate the number of homes, businesses In June of 2002, 2 days after intro- constituted a public health emergency. and schools that may still contain In making its response decisions in Libby, vermiculite attic insulation but again deter- ducing the Ban Asbestos in America EPA engaged in a major effort to discuss and mined that this task was virtually impos- Act, I testified at a Senate Environ- consider the issues associated with its ap- sible to complete because there is little in- ment and Public Works Committee proach to cleaning up asbestos contamina- formation about how many homes contain hearing on Libby held by Senator BAU- tion, both in Libby and at more than 20 con- vermiculite insulation (outside of Libby) as CUS. taminated sites out of the 241 domestic well as little data about what happens to My colleagues may wonder whatever vermiculite processing facilities. Although homes after they are built. Any numbers de- happened to Ralph Busch and his wife 175 of these sites had processed Libby rived from such an effort would be inac- vermiculite, EPA’s sampling confirmed that Donna. curate and misleading. After reading about Zonolite in the contamination only remained at 22 sites. To In the Libby valley, the Agency is identi- date, EPA or the responsible parties have fying which homes contain asbestos con- Seattle Post-Intelligencer, Mr. Busch cleaned up or have cleanup underway at 10 of taminated vermiculite insulation in the went to get the asbestos removed from these sites and the remaining 12 sites are ei- attic and wall space by visually inspecting his home. He learned it would cost ther being addressed or are under further in- homes. The good news is that EPA is finding $32,000 to do so. vestigation and response planning. This ef- vermiculite insulation in fewer homes than When he tried to secure compensa- fort has been one of the most significant ac- the Agency anticipated in this region. tion from his homeowners insurance to tions ever taken under the Superfund pro- gram, and has involved the participation and Mrs. MURRAY. Mr. President, my pay to clean up the contamination, his collaboration of a great many people and or- colleagues may be curious about why I insurance company rejected the claim. ganizations at the local, state and federal am so interested in EPA’s decisions re- He got nowhere with the company level. garding vermiculite from Libby. that had inspected the home before he

VerDate Mar 15 2010 21:10 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00022 Fmt 0637 Sfmt 0634 E:\2003SENATE\S06FE3.REC S06FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 6, 2003 CONGRESSIONAL RECORD — SENATE S2043 purchased it. They hadn’t known about Mr. BAUCUS. Mr. President, I would important part of this clean-up effort Zonolite, either. just like to follow up on the state- included removing asbestos-contami- When he talked to his realtor about ments regarding asbestos-contami- nated materials from Libby homes. trying to sell his house, Mr. Busch’s re- nated insulation made by my good People in Libby used vermiculite insu- altor emphasized that Mr. Busch and friend from Washington, Senator MUR- lation, raw vermiculite tailings, or his wife would be responsible under the RAY. The issues she raises are ex- other vermiculite material that they law for disclosing the presence of tremely important, and I applaud her brought home from W.R. Grace to fill Zonolite to any potential buyer. for her determined efforts on behalf of their walls and attics. According to Mr. Busch, even his re- her constituents, and her dedication to Last year, I personally urged the altor—and I quote—‘‘. . . expressed ap- raising the profile of the continued EPA to leave no stone unturned as it prehension over entering the house hazards associated with asbestos. sought to determine how to best begin saying he has young children and was I was very moved by Senator MUR- an expeditious removal of contami- fearful of asbestos exposure without a RAY’s description of what happened to nated materials from homes in Libby, proper respirator . . . this about a her constituent in Spokane, WA. I in an effort to continue to reduce the house we were living in every day.’’ agree with her 100 percent that the exposure of Libby residents to deadly In the end, having exhausted all of Government should not be in the busi- tremolite asbestos. The EPA responded his options, Ralph Busch and his wife ness of keeping important health-re- admirably to my requests, and as Sen- Donna sacrificed their home to fore- lated information from the public, in- ator MURRAY mentioned, the agency is closure, having lost thousands of dol- cluding information about the health currently removing asbestos-contami- lars and their good credit rating. They risks posed by Zonolite insulation. nated vermiculite material from homes didn’t feel that it was safe to live there Again, I commend the Senator from in Libby. anymore, or to bring other people into Washington for her leadership in cham- I only highlight these issues because I believe the timing and scope of the their home. Finally, they decided to pioning this important public health EPA’s decision to go into Libby homes move out of their ‘‘dream house’’ in and safety issue. and remove the vermiculite in their Spokane. To this day, that home re- I just believe it is important for me walls and ceilings was absolutely ap- mains vacant. to speak directly to the experience of propriate and necessary given the sheer Apart from the tremendous economic my constituents in Libby, MT, to put volume of asbestos to which the people loss, Mr. Busch and his wife are con- some of this into perspective. The experience of the residents of in Libby have been exposed. cerned for their health. They are left Should the EPA have issued a public Libby is truly, tragically, unique. This wondering what long-term negative health emergency declaration in Libby little town in northwestern Montana, health effects they may suffer as a re- prior to taking that action? I don’t surrounded by millions of acres of Fed- sult of their exposure to asbestos fibers know. What I do know is that the deci- eral forest lands, has lost over 200 peo- from the insulation. sion was made and the correct on-the- ple to asbestos-related diseases and Mr. Busch has told me, ‘‘I feel like ground result is happening in Libby. I cancers. Hundreds more are sick, and the poster-child for the unsuspecting have recently written to Administrator thousands more may become sick. homeowner who unknowingly set off a Whitman asking her to explain to me time bomb in the process of remodeling Libby doesn’t have that many people. any health care benefits that may or his home.’’ The magnitude of this tragedy is stag- may not be available to the people of To this day, Mr. Busch is haunted by gering. Libby in the event that a public health The vermiculite mining and milling words he read in the Spokesman-Re- emergency is declared in Libby. At this operations of W.R. Grace belched thou- view almost three years ago. The point, that is the most important issue sands and thousands of pounds of asbes- March 12, 2000, article, entitled, to the people in Libby. ‘‘Zonolite’s Effects Outlive Plant,’’ said tos-contaminated dust into the air in In fact, the Montana delegation, the this about mesothelioma. and around Libby, coating the town State of Montana, the community of [The disease] inflicts one of the most tor- and its inhabitants with the deadly Libby, and many concerned private turous deaths known to humankind. Some substance. Folks used raw vermiculite citizens have been working hard to people require intravenous morphine to ore or expanded vermiculite to fill bring new economic development and numb mesothelioma’s pain. Some need part their gardens, their driveways, the much-needed health care resources to of their spinal cord severed. Some are driven high school track, the little league to suicide. Libby. It is amazing to see how every- field, in their homes and attics. W.R. one has come together to create some- If there is a role for Government in Grace mineworkers brought the dust thing positive from a terrible situa- people’s lives, then it should include home with them on their clothing and tion. protecting the public health. We have contaminated their own families, with- The people in Libby are proud folks. an opportunity to protect the public’s out knowing the dust was poison. As- They have had more than their share of health so that Ralph Busch and thou- bestos was absolutely everywhere in hard knocks, and they just keep on sands—perhaps millions—of other Libby, for decades. going—getting up and trying. They are Americans won’t have to be needlessly It is also becoming more and more survivors, and I am privileged to know exposed to the time bomb sitting in clear that the fibers unique to Libby, them so well. In January of 2000, I trav- their homes, schools, and businesses. including tremolite asbestos fibers, are eled to Libby to meet with 25 ex- And meanwhile, if you are planning particularly deadly—more so than tremely ill people for the first time. to do work in your attic, look at your other forms of asbestos, such as I had been briefed a number of times insulation carefully first to see if it is chrysotile asbestos. Senator MURRAY is on what I might expect to hear that vermiculite. You can see pictures of absolutely right to be concerned about night. These kind men and women— what this insulation looks like by insulation manufactured from some whom are no longer with us— going to EPA’s web site, which is vermiculite ore mined and milled in gathered to share huckleberry pie and www.epa.gov/asbestos/insulation.html. Libby. coffee in the home of Gayla Benefield. If you think you have Zonolite, im- But let me also be clear, that the sit- They opened their hearts and poured mediately contact EPA to get addi- uation in Libby demanded a unique, de- out unimaginable stories of suffering tional advice about how to handle it. termined, and coordinated response and tragedy on a scale I was absolutely According to EPA’s web site, if you from the Environmental Protection stunned and unprepared to hear: entire think you have Zonolite insulation, Agency, other Federal agencies, the families—fathers, mothers, uncles, leave it alone and not disturb it. And State, and the community itself just to aunts, sons, and daughters all dead and then contact your Representative in address the enormous task of cleaning all bound by their exposure to Congress and ask him or her to pass up the town because, as I just men- tremolite asbestos, mined by W.R. legislation to ban asbestos, something tioned, the contaminated vermiculite Grace in this isolated, community of we all should have done decades ago. was everywhere. several thousand—located as far away We can make a difference, but we must Because of the extraordinary levels from Washington, DC, as one can be, act today. of asbestos contamination in Libby, an with a foot still in Montana.

VerDate Mar 15 2010 21:10 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00023 Fmt 0637 Sfmt 0634 E:\2003SENATE\S06FE3.REC S06FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2044 CONGRESSIONAL RECORD — SENATE February 6, 2003 I will never forget meeting another and support asbestos cleanup efforts by REMEMBERING ASTRONAUT gentleman who has become my dear the Environmental Protection Agency. WILLIAM MCCOOL friend, Les Skramstad. Les watched me At the first field hearing I held in Mr. ENSIGN. Mr. President, I rise closely all evening. He was wary and Libby of the Committee for Environ- today to extend my deepest condo- approached me after his friends and ment and Public Works, Dr. Blad lences to the families of the seven as- neighbors had finished speaking. He Black, now the director of the Libby tronauts whose lives were lost on Feb- said to me, Senator, a lot of people Clinic for Asbestos Related Disease, ruary 1. To Nevadans Audrey and Barry have come to Libby and told us they called for developing a research facility McCool, whose son William piloted the would help, then they leave and we so that Libby’s tragedy could be used final Columbia mission, I offer my sym- never hear from them again. to protect the health of men, women, pathy and the sincere gratitude of an ‘‘Max,’’ he said, ‘‘please, as a man and children. entire nation. like me—as someone’s father too, as The wheels are on the cleanup and You raised an incredible human someone’s husband, as someone’s son, health screening, and the time for being. William McCool represented the help me. Help us. Help us make this making Brad’s vision a reality is here. best and the brightest of this country. town safe for Libby’s sons and daugh- Working together with Montana Con- Though his life was taken prematurely, ters not even born yet. They should not gressional delegation and our State’s his legacy will be felt indefinitely. suffer my fate too. I was a miner and Governor to develop a leading edge, William was incredibly smart, a tal- breathed that dust in. And what hap- world class research facility with the ented athlete, and a true patriot. The pened to me and all the other men who mission of one day developing cures for combination of these traits, along with mined wasn’t right—but what has hap- asbestos-related disease is exactly devoted parents and religious convic- pened to the others is a sin. what Les called for that evening more tion, produced an American hero. We ‘‘Every day, I carried that deadly than 3 years ago as well. He and the mourn that hero today, as Audrey and dust home on my clothes. I took it into hundreds and thousands who suffer like Barry McCool mourn their son. And our house, and I contaminated my own Les and his family have my commit- while we stand with them in grief, we wife and each of my babies with it, too. ment. should also express our admiration for Just like me, they are sick, and we will the type of son they raised. each die the same way. I just don’t f Many children dream of one day be- know how to live with the pain of what coming an astronaut. A very elite few I have done to them. If we can make ever make that dream a reality. For something good come of this, maybe EXPLANATION OF ABSENCE William McCool, his dream was his des- I’ll stick around to see that, maybe Mr. DASCHLE. Mr. President, on be- tiny. As a child, he looked up to his that could make this worthwhile. half of Senator GRAHAM, I ask unani- Marine and Navy pilot father, built ‘‘Find someone to use me, to study mous consent that a letter from Sen- model airplanes, and became an Eagle me, to learn something about this dust ator GRAHAM to Senator FRIST and my- Scout. As a young man, he excelled by that is still in my lungs right now.’’ I self be printed in the RECORD. graduating second in his class at the told him I would do all that I could and There being no objection, the mate- Naval Academy, maintaining a 4.0 that I wouldn’t back down and that I rial was ordered to be printed in the grade point average, and earning ad- wouldn’t give up. Les accepted my offer RECORD, as follows: vanced degrees in computer science and then pointed his finger and said to U.S. SENATE, and aeronautical engineering. Not ap- me, ‘‘I’ll be watching Senator.’’ Washington, DC, January 31, 2003. plying to be an astronaut until his Les is my inspiration. He is the face Hon. BILL FRIST, of hundreds and thousands of sick and thirties, by the time of his last mission U.S. Senate, William had logged more than 2,800 exposed folks in this tiny Montana Washington, DC. hours of flight experience in 24 aircraft, community. When I get tired, I think Hon. TOM DASCHLE, of Les, and I can’t shake what he asked U.S. Senate, including more than 400 landings on me to do. In all of my years as an elect- Washington, DC. aircraft-carrier decks. ed official, this issue of doing what is DEAR SENATOR FRIST AND SENATOR As a pilot, William McCool risked his right for Libby is among the most per- DASCHLE: The purpose of this letter is to life often for this country. On January sonally compelling things I have ever share with you and my colleagues a develop- 16, he left his wife, sons, parents, and ment regarding my health. been called on to do. siblings grounded on Earth while he Doing what is right for the commu- This morning at the National Naval Med- soared toward his lifetime dream ical Center in Bethesda, Maryland, I under- among the stars. William was kept nity and making something good come went successful surgery to replace the aortic of it, is my mission in Libby, and I from completing his journey home, but valve in my heart. My doctors advised me to our gratitude for his service must not thank Les Skramstad every day for have this procedure now to correct a deterio- handing me out my marching orders. rating condition that could have led to per- be short lived. My staff and I have worked tirelessly manent damage of my heart muscle. We must ensure that these 7 astro- in Libby—not for thanks or recognition Accordingly, under Senate Rule VI(2), I nauts, and the 10 other NASA astro- but because the tragedy is just that will be necessarily absent from the floor and nauts who died in pursuit of knowl- gripping. committee activities until my doctors clear edge, did not do so in vain. We ow it to The ‘‘something good,’’ Les chal- me for a return to work. I ask that this let- their children to continue the quest of lenged me to deliver keeps our eye on ter be inserted in the Congressional Record space science, and we owe it to all our of this date to explain my absence. the ball. I secured the first dollars from children to continue reaching for the Given the overall excellent state of my stars. HHS 3 years ago to establish the Clinic health, the doctors tell me that I should for Asbestos Related to Disease, to have renewed vigor and energy following a f allow the Agency for Toxic Substances short hospitalization and recovery period. TRADE ADJUSTMENT ASSISTANCE and Disease Registry to begin the nec- With the extremely competent medical essary screening of folks who had been care I am receiving, as well as the loving FOR FARMERS exposed to Libby’s asbestos. Federal support of my wife Adele and our family, I Mr. BAUCUS. Mr. President, I rise dollars have flowed to Libby for clean- am confident that my absence will be brief. today to express my disappointment up, healthcare, and revitalizing the I look forward to rejoining you in the very and dismay that the Secretary of Agri- economy. near future to resume work on the agenda culture has failed to meet the deadline that is so important to my state of Florida, Last Congress, I was pleased to intro- our nation and the world. mandated by Congress to establish a duce the Libby Health Care Act, to se- program of Trade Adjustment Assist- Thank you for your good wishes, your un- cure longterm health funding for sick derstanding and your support. ance for Farmers. people in Libby, and I will introduce With kind regards, In the Trade Act of 2002, Congress di- similar legislation this year. We seek Sincerely, rected the Secretary to get this pro- ongoing funding for asbestos patient BOB GRAHAM, gram running by no later than this care and continue to closely monitor U.S. Senator. week, February 3, 2003.

VerDate Mar 15 2010 21:10 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00024 Fmt 0637 Sfmt 0634 E:\2003SENATE\S06FE3.REC S06FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 6, 2003 CONGRESSIONAL RECORD — SENATE S2045 It is running? No. Is it even close to our trade adjustment programs. It as- Vanport—a combination of the names running? No. sists the farmer, rancher, or fisherman Vancouver and Portland—was built. At In fact, the Department of Agri- to adjust to import competition, to re- the time, it was the largest public culture tells me that their anticipated train, to obtain technical assistance, housing project in the Nation, and it startup date is still another six months and to have access to income support became home to thousands of Black Or- away. Meanwhile, the $90 million that to tide them over during the process. egonians. Congress set aside for this program in And the income support is capped to Due to the housing shortage in Port- fiscal year 2003 has no way of reaching make sure that the program is not land after the war, the temporary its intended beneficiaries. This is sim- being abused. housing at Vanport was allowed to lin- ply unacceptable. So last summer the President made a ger on long past its original intended Senators GRASSLEY and CONRAD re- commitment—to the Congress and to purpose. Restrictive policies of the cently joined me in a letter making the American agricultural commu- local real estate industry, as well the this very point to secretary Veneman. nity—to make this program a reality. I hostility to be found in Portland’s We told her then—and I repeat it now— think it is fair to say that this was one White neighborhoods, kept Black resi- that we hold her personally account- of just a few key elements that got the dents largely confined to Vanport. On able for dropping the ball on TAA for President those critical few votes he Memorial Day 1948, the Columbia River Farmers. Frankly, I expected better. needed to pass TPA in the House and overflowed its banks and washed away The Trade Act of 2002 renewed the the pass it with a strong bipartisan Vanport City, leaving behind a large President’s trade promotion authority vote in the Senate. lake and thousands of homeless people. after a lapse of 8 years. In exchange for And now I say to the President, and White residents of Vanport could be Congress’, and the Nation’s, renewed to Secretary Veneman: the farmers and fairly easily absorbed into the larger commitment to trade liberalization, ranchers of Montana—and indeed fabric of the White community with the President agreed to expand the throughout America—continue to wait minimal disruption; however, the re- trade adjustment assistance program for your administration to fulfill this sponse to the plight of Vanport’s Black to better meet the needs of those who commitment. residents presented a dramatic chal- might be negatively impacted by trade. I hope this will happen sooner, rather lenge to the previous patterns of racial A critical part of the President’s than later. thought and action in the city. commitment was the creation of a Indeed, there is absolutely no excuse According to Dr. Darrell Millner, pro- trade adjustment assistance program for a 6-month delay in getting this pro- fessor at Portland State University, for farmers, ranchers, and other agri- gram off the ground. There certainly Portland generally rose to meet the cultural producers. wasn’t a 6-month delay in launching challenge of the flood in a display of We all know that opening foreign negotiations for four new free-trade admirable humanitarianism. While markets to American agricultural agreements under TPA. There some distinctions related to color were products can provide great advantages shouldn’t be a delay here either. made in the aftermath of the disaster, to U.S. farmers and ranchers. Already, My staff and I stand ready to assist other new interracial dynamics nearly one-fifth of Montana’s agricul- in any way we can to kick start this emerged from the event that, in the tural production is exported. For Mon- process. But Secretary Veneman needs long term, helped change the course of tana wheat, a full two-thirds is ex- to do the heavy lifting here. And that Portland race relations. ported. And opening foreign markets is is my challenge to her today. H.J. Belton Hamilton, a former chair the best way to create new opportuni- f of the Urban League of Portland’s ties for our farmers and ranchers. board, recalls, ‘‘A lot of people got to This is one reason I have always been BLACK HISTORY MONTH know each other then.’’ Many White a strong supporter of trade liberaliza- Mr. SMITH. Mr. President, each year families took displaced Vanport Blacks tion and an equally strong advocate for I come to the floor during the month of into their homes after the flood, and a level playing field for our farmers in February to celebrate Black History the old artificial boundaries of the Af- world markets. Month and to discuss many of the con- rican-American community were But trade liberalization can have a tributions made by Black Americans to stretched to accommodate the reloca- downside as well. It can leave our farm- my home State of Oregon. Today, at tion of residents. ‘‘The Vanport flood ers and ranchers more vulnerable to the beginning of this year’s celebration had a major impact on Portland,’’ said sudden import surges, devastating of Black History Month, I would like to Bobbie Nunn, and early activist in the commodity price swings, and other begin another series of floor state- NAACP and Urban League. The city of countries’ unfair trading practices. ments with a short discussion of a sig- Portland had to accommodate its That is why they need this TAA pro- nificant event in Oregon’s history, the Black citizens, and the movement for gram. Vanport flood. positive racial change was on the rise. The Department of Labor’s TAA pro- In 1929, Dr. DeNorval Unthank moved We can see the changes in Portland gram for workers has nominally cov- to Portland, OR from Pennsylvania, be- by looking back again on the life of Dr. ered family farmers, ranchers, and fish- coming one of the city’s first black Unthank. Not only did Dr. Unthank ermen all along. But hardly any have physicians. When he moved into a seg- cofound the Urban League of Portland, participated. They usually can’t qual- regated, nearly all-White neighbor- but by 1958, the Oregon State Medical ify because they don’t become unem- hood, he and his family were greeted by Society named him Doctor of the Year. ployed in the traditional sense. rocks thrown through the windows of Four years later, he was named Citizen After decades of trying without suc- his home. When he replaced those win- of the Year by the Portland Chapter of cess to squeeze farmers into eligibility dows, more rocks were thrown. Phone the National Conference of Christians rules designed for manufacturing work- calls threatening his family were also and Jews. In 1969, DeNorval Unthank ers, it was time to try something new, common. Ultimately, Dr. Unthank was Park was dedicated in Portland. Forty something that would help farmers ad- forced to move to another part of town. years before, rocks had been thrown just to import competition before they The city of Portland was highly seg- through the windows of his Portland lost their farms. regated in its early history, and, al- home. What the Trade Act does is create a though experiences like Dr. Unthank’s Portland and the entire State of Or- TAA program tailored to the needs of were not uncommon, there were very egon went through as many changes in farmers, ranchers, and fishermen. Basi- few Black Portlanders. World War II the middle part of the 20th century as cally, the program creates a new trig- changed all that. Between 1941 and did most other parts of our country. In ger for eligibility. Instead of having to 1943, the African-American population the case of Portland, it was a major ca- show a layoff, the farmer, rancher, or in Portland increased tenfold, from tastrophe, the Vanport flood, that fisherman has to show commodity roughly 2,000 to over 20,000. People served as one of the major catalysts for price declines related to imports. came from all over the country to work positive change. During Black History The trigger is different, but the pro- in Portland’s shipyards, and to accom- Month, I think it is important that we gram serves the same purpose as all modate this influx of labor, the city of remember the people and events, like

VerDate Mar 15 2010 21:10 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00025 Fmt 0637 Sfmt 0634 E:\2003SENATE\S06FE3.REC S06FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2046 CONGRESSIONAL RECORD — SENATE February 6, 2003 Dr. Unthank and the Vanport flood, Chairman of the Committee and the Ranking order of seniority, all members of the Com- that helped shape the history of Or- Member of the Committee or by a majority mittee have chosen assignments to one Sub- egon. I will come back to the floor each vote of the Committee. committee, and no member shall receive as- week this month to talk more about [c] Confidential testimony. No confidential signment to a third Subcommittee until, in testimony taken or confidential material order of seniority, all members have chosen why Black History Month is important presented at an executive session of the assignments to two Subcommittees. to Oregonians. Committee or any report of the proceedings [c] Investigations. No investigation shall f of such executive session shall be made pub- be initiated by a Subcommittee unless the lic either in whole or in part or by way of Senate or the full Committee has specifi- LOCAL LAW ENFORCEMENT ACT summary, unless specifically authorized by cally authorized such investigation. OF 2001 the Chairman of the Committee and the [d] Hearings. No hearing of a Sub- Mr. SMITH. Mr. President, I rise Ranking Member of the Committee or by a committee shall be scheduled outside the today to speak about the need for hate majority vote of the Committee. District of Columbia without prior consulta- [d] Interrogation of witnesses. Committee crimes legislation. In the last Con- tion with the Chairman and then only by interrogation of a witness shall be conducted agreement between the Chairman of the Sub- gress, Senator KENNEDY and I intro- only by members of the Committee or such committee and the Ranking Member of the duced the Local Law Enforcement Act, professional staff as is authorized by the Subcommittee or by a majority vote of the a bill that would add new categories to Chairman or the Ranking Member of the Subcommittee. current hate crimes law, sending a sig- Committee. [e] Confidential testimony. No confidential nal that violence of any kind is unac- [e] Prior notice of markup sessions. No ses- testimony taken or confidential material ceptable in our society. sion of the Committee or a Subcommittee presented at an executive session of the Sub- I would like to describe a terrible for marking up any measure shall be held committee or any report of the proceedings unless [1] each member of the Committee or of such executive session shall be made pub- crime that occurred April 26, 2001, in the Subcommittee, as the case may be, has Los Angeles, CA. A college student as- lic, either in whole or in part or by way of been notified in writing of the date, time, summary, unless specifically authorized by saulted a police officer outside a frater- and place of such session and has been fur- the Chairman of the Subcommittee and the nity. The student, Adam Guerrero, 23, nished a copy of the measure to be consid- Ranking Member of the Subcommittee, or by threw objects and shouted racial slurs ered at least 3 business days prior to the a majority vote of the Subcommittee. at a Black traffic officer who was commencement of such session, or [2] the [f] Interrogation of witnesses. Sub- standing outside the fraternity house. Chairman of the Committee or Sub- committee interrogation of a witness shall The student was charged with counts of committee determines that exigent cir- be conducted only by members of the Sub- cumstances exist requiring that the session committee or such professional staff as is au- committing a hate crime, battery on a be held sooner. peace officer, and assault on a peace of- thorized by the Chairman or the Ranking [f] Prior notice of first degree amend- Member of the Subcommittee. ficer. ments. It shall not be in order for the Com- [g] Special meetings. If at least three I believe that government’s first duty mittee or a Subcommittee to consider any members of a Subcommittee desire that a is to defend its citizens, to defend them amendment in the first degree proposed to special meeting of the Subcommittee be against the harms that come out of any measure under consideration by the called by the Chairman of the Sub- hate. The Local Law Enforcement En- Committee or Subcommittee unless fifty committee, those members may file in the hancement Act is a symbol that can written copies of such amendment have been offices of the Committee their written re- delivered to the office of the Committee at become substance. I believe that by quest to the Chairman of the Subcommittee least 2 business days prior to the meeting. It for that special meeting. Immediately upon passing this legislation and changing shall be in order, without prior notice, for a current law, we can change hearts and the filing of the request, the Clerk of the Senator to offer a motion to strike a single Committee shall notify the Chairman of the minds as well. section of any measure under consideration. Subcommittee of the filing of the request. If, f Such a motion to strike a section of the within 3 calendar days after the filing of the measure under consideration by the Com- RULES OF THE COMMITTEE ON request, the Chairman of the Subcommittee mittee or Subcommittee shall not be amend- does not call the requested special meeting, BANKING, HOUSING, AND URBAN able. This section may be waived by a major- to be held within 7 calendar days after the AFFAIRS ity of the members of the Committee or Sub- filing of the request, a majority of the mem- committee voting, or by agreement of the Mr. SHELBY. Mr. President, in ac- bers of the Subcommittee may file in the of- Chairman and Ranking Member. This sub- fices of the Committee their written notice cordance with Rule XXVI.2. of the section shall apply only when the conditions Standing Rules of the Senate, I ask that a special meeting of the Subcommittee of subsection [e][1] have been met. will be held, specifying the date and hour of unanimous consent to have printed in [g] Cordon rule. Whenever a bill or joint that special meeting. The Subcommittee the RECORD the rules of the Committee resolution repealing or amending any stat- shall meet on that date and hour. Imme- on Banking, Housing, and Urban Af- ute or part thereof shall be before the Com- diately upon the filing of the notice, the fairs, as unanimously adopted by the mittee or Subcommittee, from initial consid- Clerk of the Committee shall notify all eration in hearings through final consider- committee on January 30, 2003. members of the Subcommittee that such spe- ation, the Clerk shall place before each cial meeting will be held and inform them of There being no objection, the mate- member of the Committee or Subcommittee rial was ordered to be printed in the its date and hour. If the Chairman of the a print of the statute or the part or section Subcommittee is not present at any regular RECORD, as follows: thereof to be amended or repealed showing or special meeting of the Subcommittee, the RULES OF PROCEDURE FOR THE COMMITTEE ON by stricken-through type, the part or parts Ranking Member of the majority party on BANKING, HOUSING, AND URBAN AFFAIRS to be omitted, and in italics, the matter pro- the Subcommittee who is present shall pre- [Adopted in executive session, January 30, posed to be added. In addition, whenever a side at that meeting. 2003] member of the Committee or Subcommittee [h] Voting. No measure or matter shall be offers an amendment to a bill or joint resolu- recommended from a Subcommittee to the RULE 1. REGULAR MEETING DATE FOR tion under consideration, those amendments COMMITTEE Committee unless a majority of the Sub- shall be presented to the Committee or Sub- committee are actually present. The vote of The regular meeting day for the Com- committee in a like form, showing by typo- the Subcommittee to recommend a measure mittee to transact its business shall be the graphical devices the effect of the proposed or matter to the Committee shall require the last Tuesday in each month that the Senate amendment on existing law. The require- concurrence of a majority of the members of is in Session; except that if the Committee ments of this subsection may be waived the Subcommittee voting. On Subcommittee has met at any time during the month prior when, in the opinion of the Committee or matters other than a vote to recommend a to the last Tuesday of the month, the regular Subcommittee Chairman, it is necessary to measure or matter to the Committee no meeting of the Committee may be canceled expedite the business of the Committee or record vote shall be taken unless a majority at the discretion of the Chairman. Subcommittee. of the Subcommittee is actually present. RULE 2. COMMITTEE RULE 3. SUBCOMMITTEES Any absent member of a Subcommittee may [a] Investigations. No investigation shall [a] Authorization for. A Subcommittee of affirmatively request that his or her vote to be initiated by the Committee unless the the Committee may be authorized only by recommend a measure or matter to the Com- Senate, or the full Committee, or the Chair- the action of a majority of the Committee. mittee or his vote on any such other matters man and Ranking Member have specifically [b] Membership. No member may be a on which a record vote is taken, be cast by authorized such investigation. member of more than three Subcommittees proxy. The proxy shall be in writing and [b] Hearings. No hearing of the Committee and no member may chair more than one shall be sufficiently clear to identify the shall be scheduled outside the District of Co- Subcommittee. No member will receive as- subject matter and to inform the Sub- lumbia except by agreement between the signment to a second Subcommittee until, in committee as to how the member wishes his

VerDate Mar 15 2010 21:10 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00026 Fmt 0637 Sfmt 0634 E:\2003SENATE\S06FE3.REC S06FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 6, 2003 CONGRESSIONAL RECORD — SENATE S2047 or her vote to be recorded thereon. By writ- Committee to report a measure or matter 7. Federal monetary policy, including Fed- ten notice to the Chairman of the Sub- shall require the concurrence of a majority eral Reserve System. committee any time before the record vote of the members of the Committee who are 8. Financial aid to commerce and industry. on the measure or matter concerned is present. 9. Issuance and redemption of notes. taken, the member may withdraw a proxy Any absent member may affirmatively re- 10. Money and credit, including currency previously given. All proxies shall be kept in quest that his or her vote to report a matter and coinage. the files of the Committee. be cast by proxy. The proxy shall be suffi- 11. Nursing home construction. RULE 4. WITNESSES ciently clear to identify the subject matter, 12. Public and private housing [including veterans’ housing]. [a] Filing of statements.—Any witness ap- and to inform the Committee as to how the member wishes his vote to be recorded there- 13. Renegotiation of Government con- pearing before the Committee or Sub- tracts. committee [including any witness rep- on. By written notice to the Chairman any time before the record vote on the measure 14. Urban development and urban mass resenting a Government agency] must file transit. with the Committee or Subcommittee [24 or matter concerned is taken, any member may withdraw a proxy previously given. All [2] Such committee shall also study and re- hours preceding his or her appearance] 75 view, on a comprehensive basis, matters re- copies of his or her statement to the Com- proxies shall be kept in the files of the Com- mittee, along with the record of the rollcall lating to international economic policy as it mittee or Subcommittee, and the statement affects United States monetary affairs, cred- must include a brief summary of the testi- vote of the members present and voting, as an official record of the vote on the measure it, and financial institutions; economic mony. In the event that the witness fails to growth, urban affairs, and credit, and report file a written statement and brief summary or matter. [b] Vote on matters other than to report a thereon from time to time. in accordance with this rule, the Chairman measure or matter.—On Committee matters of the Committee or Subcommittee has the COMMITTEE PROCEDURES FOR PRESIDENTIAL other than a vote to report a measure or discretion to deny the witness the privilege NOMINEES matter, no record vote shall be taken unless of testifying before the Committee or Sub- Procedures formally adopted by the U.S. a majority of the Committee are actually committee until the witness has properly Senate Committee on Banking, Housing, and present. On any such other matter, a mem- complied with the rule. Urban Affairs, February 4, 1981, establish a [b] Length of statements. Written state- ber of the Committee may request that his uniform questionnaire for all Presidential ments properly filed with the Committee or or her vote may be cast by proxy. The proxy nominees whose confirmation hearings come Subcommittee may be as lengthy as the wit- shall be in writing and shall be sufficiently before this Committee. ness desires and may contain such docu- clear to identify the subject matter, and to In addition, the procedures establish that: ments or other addenda as the witness feels inform the Committee as to how the member [1] A confirmation hearing shall normally is necessary to present properly his or her wishes his or her vote to be recorded there- be held at least 5 days after receipt of the views to the Committee or Subcommittee. on. By written notice to the Chairman any completed questionnaire by the Committee The brief summary included in the state- time before the vote on such other matter is unless waived by a majority vote of the Com- ment must be no more than 3 pages long. It taken, the member may withdraw a proxy mittee. shall be left to the discretion of the Chair- previously given. All proxies relating to such [2] The Committee shall vote on the con- man of the Committee or Subcommittee as other matters shall be kept in the files of the firmation not less than 24 hours after the to what portion of the documents presented Committee. Committee has received transcripts of the to the Committee or Subcommittee shall be RULE 6. QUORUM hearing unless waived by unanimous con- published in the printed transcript of the No executive session of the Committee or a sent. hearings. Subcommittee shall be called to order unless [3] All nominees routinely shall testify [c] Ten-minute duration. Oral statements a majority of the Committee or Sub- under oath at their confirmation hearings. of witnesses shall be based upon their filed committee, as the case may be, are actually This questionnaire shall be made a part of statements but shall be limited to 10 min- present. Unless the Committee otherwise the public record except for financial infor- utes duration. This period may be limited or provides or is required by the Rules of the mation, which shall be kept confidential. extended at the discretion of the Chairman Senate, one member shall constitute a Nominees are requested to answer all ques- presiding at the hearings. quorum for the receipt of evidence, the tions, and to add additional pages where nec- [d] Subpoena of witnesses. Witnesses may swearing in of witnesses, and the taking of essary. be subpoenaed by the Chairman of the Com- testimony. f mittee or a Subcommittee with the agree- RULE 7. STAFF PRESENT ON DAIS ment of the Ranking Member of the Com- HEALTH CARE IN THE 108TH mittee or Subcommittee or by a majority Only members and the Clerk of the Com- CONGRESS vote of the Committee or Subcommittee. mittee shall be permitted on the dais during public or executive hearings, except that a Mr. SMITH. Mr. President, this Con- [e] Counsel permitted. Any witness subpoe- gress will address a number of very se- naed by the Committee or Subcommittee to member may have one staff person accom- a public or executive hearing may be accom- pany him or her during such public or execu- rious issues this year, but there is per- panied by counsel of his or her own choosing tive hearing on the dais. If a member desires haps no issue we will discuss with who shall be permitted, while the witness is a second staff person to accompany him or greater long-term implications than testifying, to advise him or her of his or her her on the dais he or she must make a re- health care. legal rights. quest to the Chairman for that purpose. Last year, my colleagues and I came [f] Expenses of witnesses. No witness shall RULE 8. COINAGE LEGISLATION to the Senate floor to talk about and be reimbursed for his or her appearance at a At least 67 Senators must cosponsor any debate the pressing need for an afford- public or executive hearing before the Com- gold medal or commemorative coin bill or able, universal, and voluntary prescrip- mittee or Subcommittee unless such reim- resolution before consideration by the Com- bursement is agreed to by the Chairman and mittee. tion drug benefit for America’s seniors. Unfortunately, our efforts were not Ranking Member of the Committee. EXTRACTS FROM THE STANDING RULES OF THE [g] Limits of questions. Questioning of a SENATE—RULE XXV, STANDING COMMITTEES successful, and our Nation’s seniors witness by members shall be limited to 5 continue to live in fear that the loss of 1. The following standing committees shall minutes duration when 5 or more members their health could lead to the loss of are present and 10 minutes duration when be appointed at the commencement of each Congress, and shall continue and have the their homes. less than 5 members are present, except that For the past several years, I have if a member is unable to finish his or her power to act until their successors are ap- questioning in this period, he or she may be pointed, with leave to report by bill or other- also tried to address the growing prob- permitted further questions of the witness wise on matters within their respective ju- lem of the uninsured: Every day, 41 after all members have been given an oppor- risdictions: million Americans live, work, and go [d][1] Committee on Banking, Housing, and tunity to question the witness. to school without health coverage. Urban Affairs, to which committee shall be Additional opportunity to question a wit- While the economic downturn this past ness shall be limited to a duration of 5 min- referred all proposed legislation, messages, petitions, memorials, and other matters re- year has caused many families to utes until all members have been given the tighten their belts, it has had more se- opportunity of questioning the witness for a lating to the following subjects: 1. Banks, banking, and financial institu- rious results for almost 2 million men, second time. This 5–minute period per mem- tions. ber will be continued until all members have women, and children who have lost 2. Control of prices of commodities, rents, exhausted their questions of the witness. their health insurance along with their and services. jobs. RULE 5. VOTING 3. Deposit insurance. [a] Vote to report a measure or matter. No 4. Economic stabilization and defense pro- Last year, the Senate Budget Com- measure or matter shall be reported from the duction. mittee chairman’s mark included a $500 Committee unless a majority of the Com- 5. Export and foreign trade promotion. billion health fund, to be used to mod- mittee is actually present. The vote of the 6. Export controls. ernize Medicare with the addition of a

VerDate Mar 15 2010 21:10 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00027 Fmt 0637 Sfmt 0634 E:\2003SENATE\S06FE3.REC S06FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2048 CONGRESSIONAL RECORD — SENATE February 6, 2003 prescription drug benefit, and to reduce has tried his hand at a few other retail leges formed to meet the higher edu- the number of uninsured in this coun- businesses as well. From his letter, it cation needs of American Indians. try. With annual prescription drug cost is obvious he has faced both good times Without the college, the dream of a inflation, any legislation to address the and bad times with his businesses. Un- college education would have been out long-neglected need of Medicare sen- fortunately, the recent trends have not of reach for so many on the reserva- iors for an affordable prescription drug been positive. He currently employs be- tion. benefit this year will consume at least tween 13 and 20 people, depending upon It is quite exciting to see how this as much. Additionally, growing State the season, and he worries that these college has evolved over the past 30 fiscal woes coupled with the increase in people, who depend on him, might find years. The college started from very the number of uninsured Americans themselves out of a job if conditions do humble beginnings. On the third floor will require a substantial Federal re- not soon improve. Mr. Davis under- of an abandoned Catholic convent, with sponse. stands all too well the pressures that fewer than 60 students and only 3 full- With the threat of war and ongoing face all small business owners. time faculty members, the college of- economic downturn, it may be difficult In his letter to me, Mr. Davis makes fered its first course to those on the to consider new initiatives this year. a point that is extremely important to reservation. Today, the college has But we must. The current economic the current debate on taxes and jobs— grown to serve over 650 students, with climate is all the more reason to focus that if high taxes force the small busi- more than 150 courses and 65 full- and attention and resources on covering ness person to go out of business, the part-time faculty members. Addition- the uninsured now, when the need is U.S. Government will not get any tax ally, the college serves more than 250 great. In addition, every year that money. adults who are working to earn their passes without adding a prescription As simple and obvious as that con- general equivalency degree. drug benefit to Medicare, seniors con- cept sounds, I fear it might be one who Turtle Mountain Community College tinue to suffer, and the cost of adding is sometimes lost on those of us in Con- was the first tribal college to be grant- such a benefit increases substantially. gress. Taxes and other government re- ed 10-year accreditation by the North We must make every effort to provide quirements have a real cost on small Central Association of Colleges and a very real benefit for our Nation’s sen- businesses in this country, many of Schools and was the one of the first to iors and uninsured, and I urge my col- which are right at the edge of viability. fully integrate traditional culture leagues to support a sufficient sum to In the case of businesses in many throughout the curriculum. make these goals a reality this year. towns in Utah and around the country, By far one of the largest accomplish- f things have been really tough for the ments for the college was the opening past couple of years. The one-two of its new campus building in 1999. The TAX CUTS AND JOBS punch of a slowing economy and the college worked for years to raise the Mr. HATCH. Mr. President, I rise greatly reduced travel resulting from needed funds to construct this facility. today to make a suggestion about how the events of September 11 have moved Located on a 234-acre site, the 105,000- we can work more effectively to get many thousands of small businesses in square-foot facility includes state-of- the engine of our economy running on Utah and around the Nation right to the art technology, general classroom all of its cylinders again. the edge of going out of business. This space, science and engineering labs, a We have heard a great deal this week is especially true of businesses in library, learning resource center, and a about the current state of our economy towns that depend heavily on tourism, gymnasium. and whether the President’s growth such as Moab. Over 2,000 tribal members have grad- plan, which he released this past Mon- Tax cuts, such as the President is uated from the college since its cre- day, will be effective in putting Ameri- proposing, can make the difference be- ation, a truly commendable accom- cans who have lost their jobs back to tween a small business surviving and it plishment. Nearly half of the graduates work. Many of my colleagues on the closing its doors. We must keep in have gone on to other institutions to other side of the aisle are questioning mind that a high percentage of small earn a 4-year degree. Last spring, the whether there is a link between high businesses pay taxes at the individual college graduated the first group of taxes and jobs. rates. students to earn a bachelor of science The current debate has featured As we debate the best way to deal degree in elementary education. quotations and commentary from some with our slow recovery over the next For the past 30 years, the college has of the most prominent economists and weeks, we will surely hear a great deal also played a critical role in reserva- tax experts in America. Both sides rely more from economists and experts on tion life, supporting tribal business de- on knowledgeable and learned authori- the macro effect of various plans and velopment, worker training to meet ties to make their case that the Bush how gross domestic product will be af- the needs of local industries, and year- growth plan will or will not be effective fected by enacting one idea or another. round activities for elementary, mid- in creating jobs. And, as the old saying These opinions and analyses are a dle, and high school students. goes, you can find an expert to prove very much needed and welcome part of I congratulate the college, its fac- any point you wish. the political process. But I urge my ulty, and students on this momentous But too often, I think we tend to colleagues to not forget to also con- occasion and wish them much success overlook the wisdom of people on the sider the wisdom of those back home in in the next 30 years.∑ front lines of the U.S. economy. Some- their States, who, like Jeffrey Davis of f times these people can provide answers Moab, UT, face the real world effects of ARTHUR ASHE with clarity and common sense. our decisions. A few months ago, a small business ∑ Mrs. CLINTON. Mr. President, Ar- f owner in Moab, UT, Jeffrey Davis, sent thur Ashe said: ‘‘True heroism is re- me a very heartfelt letter, and his sen- ADDITIONAL STATEMENTS markably sober, very undramatic. It is timent has stuck in my mind. I want to not the urge to surpass all others at share it with my colleagues here today. whatever cost, but the urge to serve Moab is a relatively small town in 30th ANNIVERSARY OF THE TUR- others at whatever cost.’’ This is more southeastern Utah whose economy is TLE MOUNTAIN COMMUNITY than an eloquent definition of heroism; greatly dependent on tourism. Within COLLEGE it was how Arthur Ashe lived his life. just a few miles of this town lies some ∑ Mr. CONRAD. Mr. President, I rise Ashe emerged from segregated Rich- of the most spectacular scenery on today to congratulate the Turtle mond, VA, to become one of the finest Earth. However, the people who make Mountain Community College located individuals to play the game of tennis. Moab their home face the same eco- on the Turtle Mountain Indian Res- He shattered barrier after barrier and nomic realities with which everyone ervation in my State of North Dakota showed the world that anyone who else in America deals. on its 30th anniversary. worked hard enough and trained could Mr. Davis owns and operates a res- Turtle Mountain Community College rise to the top. Ashe’s triumphs began taurant in Moab, and over the years he was one of the six original tribal col- in Maryland in 1957 when he was the

VerDate Mar 15 2010 21:10 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00028 Fmt 0637 Sfmt 0634 E:\2003SENATE\S06FE3.REC S06FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 6, 2003 CONGRESSIONAL RECORD — SENATE S2049 first African American to ever partici- RETIREMENT OF MR. DAVID B. in a manner which best meets the spe- pate in the Maryland boy’s tennis HARRITY cific needs of New Hampshire’s resi- championships. After graduating first ∑ Mr. SUNUNU. Mr. President, I rise dents. Because of Dave’s leadership in his high school class, he attended today on behalf of myself and my good skills, a recent Quality Management UCLA. At UCLA, he helped his team friend and colleague, the senior Sen- Review of the Manchester office re- win the NCAA Championship in 1965 by ator from New Hampshire, JUDD sulted in one of the highest overall rat- winning the individual championship. GREGG, to extend our congratulations ings of any HUD office in the Nation. Ashe became the first African Amer- to Mr. David B. Harrity on the occa- Besides the help he provides the men ican ever to be appointed to the Davis sion of his retirement from the U.S. and women of New Hampshire through Cup Team and played for the team Department of Housing and Urban De- his service at HUD, Dave’s philosophy from 1963 to 1970, and also in 1975, 1976, velopment. of giving is reflected in a number of and 1978, and served as captain in 1980. Dave has had an exemplary career in other community activities. He is The world also admired Ashe for his Federal service, devoting more than 34 president of the board of directors of great individual victories. He won the years to our Nation. Because of his ‘‘The CareGivers, Inc.’’ a nonprofit or- U.S. Open in 1968, the Australian Open dedication to duty, Dave rose through ganization serving the Manchester and in 1970, the French Open in 1971, and no the ranks at HUD and retires today as Nashua areas of the Granite State and one can forget his victory over Jimmy director of the New Hampshire field of- whose mission is ‘‘helping the frail, el- Connors in the Wimbledon Champion- fice. Dave’s accomplishments are not derly and disabled to maintain their ship of 1975. Each victory, from the limited to his decades of Federal serv- independence and dignity.’’ He is also Maryland boy’s championship to the ice, but extend to the difference he has the past president of the New Hamp- triumph at Wimbledon, earned Arthur made in the lives of countless citizens. shire Federal Executive Association Ashe a spot in the International Tennis His years of leadership and generosity and is a leader within the Greater Man- Hall of Fame in 1985. have helped make Manchester, NH, the chester Chamber of Commerce. As an- But tennis is just one part of Ashe’s strong and vibrant community it is other part of his community participa- legacy. He was in the military. He was today. tion, Dave serves as a ‘‘Granite State an author, a husband, and a father. He Dave began his service with HUD at Ambassador,’’ greeting visitors to New understood that with great success its inception in 1965, starting in the Hampshire at information kiosks in came even greater responsibility. And Philadelphia field office where he pro- both the airport and downtown Man- in the early 1970s he denounced apart- vided assistance to the people of Penn- chester. He is also a member of the heid and worked tirelessly for South sylvania and southern New Jersey. board of directors of the Manchester Africa’s expulsion from the Inter- From there, Dave moved to HUD’s Bos- Rotary Club. national Lawn Tennis Association. ton regional office where, in 1971, he Dave’s career has truly been an inspi- Ashe was the first African-American became the first low-rent housing spe- ration to those who look to form a bet- professional to play in South Africa’s cialist in New England and worked in ter future through active participation national tennis championships. He close concert with all of the local hous- in the community. While Senator seized that moment in the spotlight to ing authorities in each of the six New GREGG and I trust Dave will enjoy his highlight the struggle of the South Af- England States. retirement with his wife Patricia, and rican people against the terrible op- When HUD created the Executive being able to spend more time with his pression of apartheid. And when the Identification and Development Pro- daughters Suzanne and Tracey and his South African Government refused re- gram in 1974, Dave was one of only 21 grandsons Ryan and Thomas, we also forms, Ashe refused to play and was individuals selected from a national know he will not cease giving of him- even arrested in 1985 outside the South competition of more than 700 to par- self in service to his fellow man. African Embassy while protesting ticipate in the leadership training. On behalf of the citizens of Man- apartheid. After completing and receiving a cer- chester and of the Granite State, Sen- Ashe never wavered in his commit- tificate from the Urban Executive Pro- ator GREGG and I congratulate David ment to use his position to help further gram of the Sloan Management School Harrity and thank him for all he has important causes. Whether it was the at the Massachusetts Institute of Tech- done for his community, the State of plight of Haitian refugees or creating nology, Dave was appointed special as- New Hampshire, and the Nation.∑ the USTA National Junior Tennis sistant to the Regional Administrator League to help young inner-city ath- in 1975. f letes, each effort was a measure of a In 1978, Dave was tapped to serve as MESSAGES FROM THE PRESIDENT man determined to make this world a the director of the Housing Develop- Messages from the President of the better place. ment and Management Divisions of the Then the news came in 1992 that Ashe Hartford, CT, HUD Field Office. Dave’s United States were communicated to was HIV positive. As the news traveled team of staff professionals worked the Senate by Ms. Evans, one of his to all who were inspired by Ashe, sad- closely with HUD customers, providing secretaries. ness spanned the globe. But once again, mortgage insurance, housing subsidies, f Ashe used his position in the world to and management oversight of federally EXECUTIVE MESSAGES REFERRED further one last cause. He went before assisted housing. In 1988, Dave moved the General Assembly of the United on to an opportunity with the State of As in executive session the Presiding Nations and called for an increase in Connecticut’s Department of Housing. Officer laid before the Senate messages AIDS funding and research, and he In this position, he administered HUD’s from the President of the United started the Arthur Ashe foundation to Section 8 Existing Certificate and the States submitting sundry nominations promote these and other causes. Ar- Small Cities Community Development which were referred to the appropriate thur Ashe passed away on February 6, Block Grant Programs. committees. 1993, but his legacy continues thanks In October of 1992, Dave was ap- (The nominations received today are to his dedicated wife Jeanne who serves pointed Manager of HUD’s Manchester printed at the end of the Senate pro- as the chairperson of the Arthur Ashe office by then-Secretary Jack Kemp. ceedings.) Endowment for the Defeat of AIDS, his Dave’s managerial style has been and f daughter Camera, and all of those who continues to be, one of working with, admired this truly heroic individual. and in support of, local officials to en- MESSAGE FROM THE HOUSE A decade ago, the world lost one of sure that each city and town in New its great heroes. And on this day, in Hampshire receives the maximum ben- recognition of all of his accomplish- efit from HUD’s programs. While pro- ENROLLED JOINT RESOLUTION ment for athletes, and the exemplary tecting the Federal Government’s in- SIGNED role he fulfilled as activist, author, terests, Dave has instilled in his staff a At 11:15 a.m., a message from the husband, father, and individual, we sa- willingness to find ways to allow local House of Representatives, delivered by lute Arthur Robert Ashe, Jr.∑ officials to administer HUD’s programs one of its clerks, announced that the

VerDate Mar 15 2010 21:10 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00029 Fmt 0637 Sfmt 0634 E:\2003SENATE\S06FE3.REC S06FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2050 CONGRESSIONAL RECORD — SENATE February 6, 2003 Speaker has signed the following en- ting, pursuant to law, the report of a docu- EC–1009. A communication from the Acting rolled joint resolution: ment entitled ‘‘Method for Evaluating Wet- Principal Deputy Associate Administrator, lands Condition: #9 Developing an Inverte- Environmental Protection Agency, transmit- H.J. Res. 18. A joint resolution making fur- brate Index of Biological Integrity’’ received ting, pursuant to law, the report of a docu- ther continuing appropriations for the fiscal on February 5, 2003; to the Committee on En- ment entitled ‘‘Ambient Water Quality Cri- year 2003, and for other purposes. vironment and Public Works. teria Recommendations: Lakes and Res- The enrolled joint resolution was EC–1000. A communication from the Acting ervoirs in Ecoregion V’’ received on Feb- signed subsequently by the President Principal Deputy Associate Administrator, ruary 5, 2003; to the Committee on Environ- pro tempore (Mr. STEVENS). Environmental Protection Agency, transmit- ment and Public Works. ting, pursuant to law, the report of a docu- EC–1010. A communication from the Acting f ment entitled ‘‘Methods for Evaluating Con- Principal Deputy Associate Administrator, EXECUTIVE AND OTHER dition: #12 Using Amphibians in Bioassess- Environmental Protection Agency, transmit- COMMUNICATIONS ments of Wetlands’’ received on February 5, ting, pursuant to law, the report of a docu- 2003; to the Committee on Environment and ment entitled ‘‘Ambient Water Quality Cri- The following communications were Public Works. teria Recommendations: Lakes and Res- laid before the Senate, together with EC–1001. A communication from the Acting ervoirs in Ecoregion XIV’’ received on Feb- accompanying papers, reports, and doc- Principal Deputy Associate Administrator, ruary 5, 2003; to the Committee on Environ- uments, which were referred as indi- Environmental Protection Agency, transmit- ment and Public Works. cated: ting, pursuant to law, the report of a docu- EC–1011. A communication from the Acting EC–991. A communication from the Assist- ment entitled ‘‘Methods for Evaluating Wet- Principal Deputy Associate Administrator, ant Secretary, Fish and Wildlife Service, De- lands Condition: #16 Vegetation-Based Indi- Environmental Protection Agency, transmit- partment of the Interior, transmitting, pur- cators of Wetland Nutrient Enrichment’’ re- ting, pursuant to law, the report of a docu- suant to law, the report of a rule ‘‘Endan- ceived on February 5, 2003; to the Committee ment entitled ‘‘Ambient Water Quality Cri- gered and Threatened wildlife and plants ; on Environment and Public Works. teria Recommendations: Rivers and Stream EC–1002. A communication from the Acting final designation or non designation of crit- in Ecoregion VIII’’ received on February 5, Principal Deputy Associate Administrator, ical habitat for 95 plant species from the is- 2003; to the Committee on Environment and Environmental Protection Agency, transmit- lands of Kauai and Niihau, Hawaii; final rule Public Works. ting, pursuant to law, the report of a docu- EC–1012. A communication from the Acting (RIN1018-AG71)’’ received on February 5, 2003; ment entitled ‘‘Methods for Evaluating Wet- Principal Deputy Associate Administrator, to the Committee on Environment and Pub- lands Condition: #17 Land-Use Characteriza- Environmental Protection Agency, transmit- lic Works. tion for Nutrient and Sediment Risk Assess- ting, pursuant to law, the report of a docu- EC–992. A communication from the Acting ment’’ received on February 5, 2003; to the ment entitled ‘‘Ambient Water Quality Cri- Principal Deputy Associate Administrator, Committee on Environment and Public teria Recommendations: Rivers and Streams Environmental Protection Agency, transmit- Works. in Ecoregion X’’ received on February 5, 2003; ting, pursuant to law, the report of a docu- EC–1003. A communication from the Acting to the Committee on Environment and Pub- ment entitled ‘‘Nutrient Criteria Technical Principal Deputy Associate Administrator, lic Works. Guidance Manual: Estuarine and Coastal Ma- Environmental Protection Agency, transmit- EC–1013. A communication from the Acting rine Waters’’ received on February 5, 2003; to ting, pursuant to law, the report of a docu- Principal Deputy Associate Administrator, the Committee on Environment and Public ment entitled ‘‘Methods for Evaluating Wet- Environmental Protection Agency, transmit- Works. lands Condition: #11 Using Algae to Assess ting, pursuant to law, the report of a docu- EC–994. A communication from the Acting Environmental Conditions in Wetlands’’ re- ment entitled ‘‘Ambient Water Quality Cri- Principal Deputy Associate Administrator, ceived on February 5, 2003; to the Committee teria Recommendations: Lakes and Res- Environmental Protection Agency, transmit- on Environment and Public Works. ervoirs in Ecoregion III’’ received on Feb- ting, pursuant to law, the report of a docu- EC–1004. A communication from the Acting ruary 5, 2003; to the Committee on Environ- ment entitled ‘‘Ambient Water Quality Cri- Principal Deputy Associate Administrator, ment and Public Works. teria Recommendations: Rivers and Streams Environmental Protection Agency, transmit- EC–1014. A communication from the Assist- in Ecoregion V’’ received on February 5, 2003; ting, pursuant to law, the report of a docu- ant Secretary, Fish and Wildlife Service , to the Committee on Environment and Pub- ment entitled ‘‘Methods for Evaluating Wet- Department of the Interior, transmitting, lic Works. lands Condition: #13 Biological Assessment pursuant to law, the report of a rule entitled EC–995. A communication from the Acting for Birds’’ received on February 5, 2003; to ‘‘Endangered and Threatened Wildlife and Principal Deputy Associate Administrator, the Committee on Environment and Public Plants ; Designation of Critical Habitat for Environmental Protection Agency, transmit- Works. the Rio Grande Silvery Minnow (RIN1018- ting, pursuant to law, the report of a docu- EC–1005. A communication from the Acting AH91)’’ received on February 5, 2003; to the ment entitled ‘‘Amboemt Water Quality Cri- Principal Deputy Associate Administrator, Committee on Environment and Public teria Recommendation: Rivers and Streams Environmental Protection Agency, transmit- Works. in Ecoregion I’’ received on February 5, 2003; ting, pursuant to law, the report of a docu- EC–1015. A communication from the Acting to the Committee on Environment and Pub- ment entitled ‘‘Methods for Evaluating Wet- Principal Deputy Associate Administrator, lic Works. lands Condition: #6 Developing Metrics and Environmental Protection Agency, transmit- EC–996. A communication from the Acting Indexes of Biological Integrity’’ received on ting, pursuant to law, the report of a rule en- Principal Deputy Associate Administrator, February 5, 2003; to the Committee on Envi- titled ‘‘Approval and Promulgation of State Environmental Protection Agency, transmit- ronment and Public Works. Plans for Designated Facilities and Pollut- ting, pursuant to law, the report of a docu- EC–1006. A communication from the Acting ants: New Hampshire; Plan for Controlling ment entitled ‘‘Method for Evaluating Wet- Principal Deputy Associate Administrator, emmissions from Existing Commercial and land Condition: #10 Using Vegetation to As- Environmental Protection Agency, transmit- Industrial Solid Waste Incinerators sess Environment Conditions in Wetlands’’ ting, pursuant to law, the report of a docu- (FRL7447-6)’’ received on February 5, 2003; to received on February 5, 2003; to the Com- ment entitled ‘‘Methods for Evaluating Wet- the Committee on Environment and Public mittee on Environment and Public Works. lands Conditions: #8 Volunteers and Wetland Works. EC–997. A communication from the Acting Biomonitoring’’ received on February 5, 2003; EC–1016. A communication from the Acting Principal Deputy Associate Administrator, to the Committee on Environment and Pub- Principal Deputy Associate Administrator, Environmental Protection Agency, transmit- lic Works. Environmental Protection Agency, transmit- ting, pursuant to law, the report of a docu- EC–1007. A communication from the Acting ting, pursuant to law, the report of a rule en- ment entitled ‘‘Method for Evaluating Wet- Principal Deputy Associate Administrator, titled ‘‘Control of Emmission from New Ma- lands Conditions: #1 Introduction to Wetland Environmental Protection Agency, transmit- rine Compression-Ignition Engines at or Biological Assessment’’ received on Feb- ting, pursuant to law, the report of a docu- Above Liters per Cylinder (FRL7448-9)’’ re- ruary 5, 2003; to the Committee on Environ- ment entitled ‘‘Methods for Evaluating wet- ceived on February 5, 2003; to the Committee ment and Public Works. lands Conditions: #7 Wetlands Classifica- on Environment and Public Works. EC–998. A communication from the Acting tion’’ received on February 5, 2003; to the EC–1017. A communication from the Ad- Principal Deputy Associate Administrator, Committee on Environment and Public ministrator, Environmental Protection Environmental Protection Agency, transmit- Works. Agency , transmitting, pursuant to law, the ting, pursuant to law, the report of a docu- EC–1008. A communication from the Acting Fiscal Year 2002 Annual Report of the Envi- ment entitled ‘‘Method for Evaluating Wet- Principal Deputy Associate Administrator, ronmental Protection Agency, received on lands Condition: #4 Study Design for Moni- Environmental Protection Agency, transmit- February 1, 2003; to the Committee on Envi- toring Wetlands’’ received on February 5, ting, pursuant to law, the report of a docu- ronment and Public Works. 2003; to the Committee on Environment and ment entitled ‘‘Ambient Water Quality Cri- EC–1018. A communication from the Chair- Public Works. teria Recommendations: Lakes and Res- man of the Council of the District of Colum- EC–999. A communication from the Acting ervoirs in Ecoregion IV’’ received on Feb- bia, transmitting, pursuant to law, the re- Principal Deputy Associate Administrator, ruary 5, 2003; to the Committee on Environ- port on D .C. ACT 14-89 ‘‘Independence of the Environmental Protection Agency, transmit- ment and Public Works. Chief Financial Officer Establishment Act of

VerDate Mar 15 2010 21:10 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00030 Fmt 0637 Sfmt 0634 E:\2003SENATE\S06FE3.REC S06FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 6, 2003 CONGRESSIONAL RECORD — SENATE S2051 2001’’ received on February 1, 2003; to the By Mr. EDWARDS: of immigrant visas to, and the admis- Committee on Governmental Affairs. S. 329. A bill to assist the Neighborhood sion to the United States for perma- EC–1019. A communication from the Dep- Watch program to empower communities nent residence of, certain scientists, uty Secretary of Defense, transmitting, pur- and citizens to enhance awareness about engineers, and technicians who have suant to law, the Department of Defense Fis- threats from terrorism and weapons of mass cal Year (FY) 2002 Performance and Account- destruction, and encourage local commu- worked in Iraqi weapons of mass de- ability Report, received on January 31, 2003; nities to better prepare to respond to ter- struction programs. to the Committee on Governmental Affairs. rorist attacks; to the Committee on the Ju- S. 207 f diciary. At the request of Mr. SMITH, the By Mr. CAMPBELL (for himself, Mr. name of the Senator from Washington REPORTS OF COMMITTEES COCHRAN, Mr. MILLER, Mr. JOHNSON, (Ms. CANTWELL) was added as a cospon- Mr. INOUYE, Mr. CONRAD, Mr. BINGA- The following reports of committees sor of S. 207, a bill to amend the Inter- were submitted: MAN, Mr. LEAHY, Mr. BUNNING, Mr. DOMENICI, Ms. MURKOWSKI, and Mr. nal Revenue Code of 1986 to provide a By Mr. HATCH, without amendment and CRAIG): 10-year extension of the credit for pro- with a preamble: S. 330. A bill to further the protection and ducing electricity from wind. S. Res. 49. A resolution designating Feb- recognition of veterans’ memorials, and for S. 245 ruary 11, 2003, as ‘‘National Inventors’ Day.’’ other purposes; to the Committee on the Ju- At the request of Mrs. DOLE, her f diciary. By Mr. DASCHLE (for himself, Mr. name was added as a cosponsor of S. EXECUTIVE REPORTS OF MCCAIN, Mr. INOUYE, Mr. BAUCUS, Mr. 245, a bill to amend the Public Health COMMITTEES JOHNSON, Mr. DOMENICI, Mr. BINGA- Service Act to prohibit human cloning. The following executive reports of MAN, Mr. COCHRAN, and Ms. STABE- S. 250 committees were submitted: NOW): At the request of Mr. DURBIN, the S. 331. A bill to amend part E of title IV of By Mr. HATCH for the Committee on the name of the Senator from Louisiana the Social Security Act to provide equitable Judiciary. access for foster care and adoption services (Ms. LANDRIEU) was added as a cospon- John R. Adams, of Ohio, to be United for Indian children in tribal areas; to the sor of S. 250, a bill to address the inter- States District Judge for the Northern Dis- Committee on Finance. national HIV/AIDS pandemic. trict of Ohio. By Mr. DORGAN (for himself, Mr. S. James Otero, of California, to be United S. 287 DASCHLE, Mr. LEVIN, Mr. BAUCUS, and States District Judge for the Central Dis- At the request of Mr. LEAHY, the Mr. CONRAD): trict of California. S. 332. A bill to amend the Federal Insecti- name of the Senator from New York Robert A. Junell, of Texas, to be United cide, Fungicide, and Rodenticide Act to per- (Mrs. CLINTON) was added as a cospon- States District Judge for the Western Dis- mit a State to register a Canadian pesticide sor of S. 287, a bill to amend the Inter- trict of Texas. for distribution and use within that State; to nal Revenue Code of 1986 to provide (Nominations without an asterisk the Committee on Agriculture, Nutrition, that a deduction equal to fair market were reported with the recommenda- and Forestry. value shall be allowed for charitable tion that they be confirmed.) f contributions of literary, musical, ar- f ADDITIONAL COSPONSORS tistic, or scholarly compositions cre- ated by the donor. INTRODUCTION OF BILLS AND S. 50 S. 300 JOINT RESOLUTIONS At the request of Mr. JOHNSON, the At the request of Mr. KERRY, the The following bills and joint resolu- name of the Senator from Vermont name of the Senator from Georgia (Mr. tions were introduced, read the first (Mr. JEFFORDS) was added as a cospon- MILLER) was added as a cosponsor of S. and second times by unanimous con- sor of S. 50, a bill to amend title 38, 300, a bill to award a congressional gold sent, and referred as indicated: United States Code, to provide for a medal to Jackie Robinson (post- By Mr. LEVIN (for himself, Ms. STABE- guaranteed adequate level of funding humously), in recognition of his many NOW, and Mr. SCHUMER): for veterans health care, and for other contributions to the Nation, and to ex- S. 324. A bill to amend the National Trails purposes. System Act to clarify Federal authority re- press the sense of Congress that there S. 113 lating to land acquisition from willing sell- should be a national day in recognition ers for certain trails in the National Trails At the request of Mr. KYL, the name of Jackie Robinson. ES System; to the Committee on Energy and of the Senator from Alabama (Mr. S - S. 303 SIONS) was added as a cosponsor of S. Natural Resources. At the request of Mr. HATCH, the By Mr. GRASSLEY (for himself and 113, a bill to exclude United States per- names of the Senator from California Mr. FEINGOLD): sons from the definition of ‘‘foreign (Mrs. BOXER) and the Senator from S. 325. A bill to amend the Agricultural power’’ under the Foreign Intelligence New Jersey (Mr. LAUTENBERG) were Marketing Act of 1946 to increase competi- Surveillance Act of 1978 relating to added as cosponsors of S. 303, a bill to tion and transparency among packers that international terrorism. purchase livestock from producers; to the prohibit human cloning and protect Committee on Agriculture, Nutrition, and S. 150 stem cell research. Forestry. LLEN At the request of Mr. A , the S. RES. 48 By Mr. NELSON of Florida: name of the Senator from New Hamp- At the request of Mr. AKAKA, the S. 326. A bill to amend the Uniform Code of shire (Mr. GREGG) was added as a co- name of the Senator from Massachu- Military Justice to apply to prosecutions of sponsor of S. 150, a bill to make perma- setts (Mr. KENNEDY) was added as a co- child abuse cases in courts-martial an ex- nent the moratorium on taxes on Inter- tended statute of limitations applicable to sponsor of S. Res. 48, A resolution des- net access and multiple and discrimi- prosecutions of child abuse cases in United ignating April 2003 as ‘‘Financial Lit- natory taxes on electronic commerce States District Courts, and for other pur- eracy for Youth Month’’. poses; to the Committee on Armed Services. imposed by the Internet Tax Freedom By Mr. LEVIN (for himself and Mr. Act. f JEFFORDS): S. 196 STATEMENTS ON INTRODUCED S. 327. A bill to amend part A of title IV of At the request of Mr. ALLEN, the BILLS AND JOINT RESOLUTIONS the Social Security Act to allow up to 24 months of vocational educational training to name of the Senator from Illinois (Mr. By Mr. LEVIN (for himself, Ms. be counted as a work activity under the tem- FITZGERALD) was added as a cosponsor STABENOW, and Mr. SCHUMER): porary assistance to needy families program; of S. 196, a bill to establish a digital S. 324. A bill acquisition from willing to the Committee on Finance. and wireless network technology pro- sellers for certain trails in the Na- By Mr. SARBANES (for himself and gram, and for other purposes. tional Trails System; to the Com- Ms. MIKULSKI): S. 205 mittee on Energy and Natural Re- S. 328. A bill to designate Catoctin Moun- tain Park in the State of Maryland as the At the request of Mr. BIDEN, the sources. ‘‘Catoctin Mountain National Recreation name of the Senator from Michigan Mr. LEVIN. Mr. President, I ask Area,’’ and for other purposes; to the Com- (Mr. LEVIN) was added as a cosponsor of unanimous consent that the Willing mittee on Energy and Natural Resources. S. 205, a bill to authorize the issuance Seller bill be printed in the RECORD.

VerDate Mar 15 2010 21:10 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00031 Fmt 0637 Sfmt 0634 E:\2003SENATE\S06FE3.REC S06FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2052 CONGRESSIONAL RECORD — SENATE February 6, 2003 There being no objection, the bill was The past CEO of IBP in 1994 explained I ask unanimous consent that the ordered to be printed in the RECORD, as that the reason packers own livestock text of the bill be printed in the follows: is that when the price is high the pack- RECORD. S. 324 ers use their own livestock for the lines There being no objection, the bill was Be it enacted by the Senate and House of Rep- and when the price is low the packers ordered to be printed in the RECORD, as resentatives of the United States of America in buy livestock. This means that inde- follows: Congress assembled, pendent producers are most likely S. 325 SECTION 1. NATIONAL TRAILS SYSTEM. being limited from participating in the Be it enacted by the Senate and House of Rep- (a) ACQUISITION OF LAND FROM WILLING most profitable ranges of the live mar- resentatives of the United States of America in SELLERS.—Section 5(a) of the National Trails ket. This is not good for the survival of Congress assembled, System Act (16 U.S.C. 1244(a)) is amended— SECTION 1. SPOT MARKET PURCHASES OF LIVE- (1) in paragraph (8), by adding at the end the independent producer. STOCK BY PACKERS. the following: ‘‘No land or interest in land This bipartisan legislation would Chapter 5 of subtitle B of the Agricultural outside the exterior boundaries of any feder- guarantee that independent producers Marketing Act of 1946 (7 U.S.C. 1636 et seq.) ally administered area may be acquired by have a share in the market place while is amended by adding at the end the fol- the Federal Government for the trail with- assisting the Mandatory Price Report- lowing: out the consent of the owner of the land or ing system. The proposal would require ‘‘SEC. 260. SPOT MARKET PURCHASES OF LIVE- interest.’’; that 25 percent of a packer’s daily kill STOCK BY PACKERS. ‘‘(a) DEFINITIONS.—In this section: (2) in paragraph (10), by adding at the end comes from the spot market. By re- the following: ‘‘No land or interest in land ‘‘(1) COOPERATIVE ASSOCIATION OF PRO- outside the exterior boundaries of any feder- quiring a 25 percent spot market pur- DUCERS.—The term ‘cooperative association ally administered area may be acquired by chase daily, the mandatory price re- of producers’ has the meaning given the term the Federal Government for the trail with- porting system, which has been criti- in section 1a of the Commodity Exchange out the consent of the owner of the land or cized due to reporting and accuracy Act (7 U.S.C. 1a). interest.’’; and problems, would have consistent, reli- ‘‘(2) COVERED PACKER.— (3) in the fourth sentence of paragraph able numbers being purchased from the ‘‘(A) IN GENERAL.—The term ‘covered pack- (11)— spot market, improving the accuracy er’ means a packer that is required under this subtitle to report to the Secretary each (A) by striking ‘‘No lands or interests and transparency of daily prices. In ad- therein outside the exterior’’ and inserting reporting day information on the price and ‘‘No land or interest in land outside the exte- dition, independent livestock producers quantity of livestock purchased by the pack- rior’’; and would be guaranteed a competitive po- er. (B) by inserting before the period at the sition due to the packers need to fill ‘‘(B) EXCLUSION.—The term ‘covered pack- end the following: ‘‘without the consent of the daily 25 percent spot/cash market er’ does not include a packer that owns only the owner of the land or interest’’. requirement. 1 livestock processing plant. (b) CONFORMING AMENDMENT.—Section The packs required to comply would ‘‘(3) NONAFFILIATED PRODUCER.—The term 10(c)(1) of the National Trails System Act (16 be the same packs required to report ‘nonaffiliated producer’ means a producer of U.S.C. 1249(c)(1)) is amended by striking ‘‘the under the Mandatory Price Reporting livestock— North Country National Scenic Trail, The ‘‘(A) that sells livestock to a packer; Ice Age National Scenic Trail,’’. system. Those are packs that kill ei- ‘‘(B) that has less than 1 percent equity in- ther 125,000 head of cattle, 100,000 head terest in the packer, which packer has less By Mr. GRASSLEY (for himself of hogs, or 75,000 lambs annually, over than 1 percent equity interest in the pro- and Mr. FEINGOLD): a 5 year average. ducer; S. 325. A bill to amend the Agricul- Packers are arguing that this will ‘‘(C) that has no officers, directors, em- tural Marketing Act of 1946 to increase hurt their ability to offer contracts to ployees, or owners that are officers, direc- competition and transparency among producers, but the fact of the matter is tors, employees, or owners of the packer; packers that purchase livestock from that the majority of livestock con- ‘‘(D) that has no fiduciary responsibility to the packer; and producers; to the Committee on Agri- tracts pay out on a calculation incor- ‘‘(E) in which the packer has no equity in- culture, Nutrition, and Forestry. porating Mandatory Price Reporting terest. Mr. GRASSLEY. Mr. President, dur- data. If the Mandatory Price Reporting ‘‘(4) SPOT MARKET SALE.— ing the last Congress Senator FEINGOLD data is not accurate, or open to pos- ‘‘(A) IN GENERAL.—The term ‘spot market and I sponsored the Transparency for sible manipulation because of low num- sale’ means a purchase and sale of livestock Independent Livestock Producers Act, bers on the spot market, contracts are by a packer from a producer— or what we have generally referred to not beneficial tools for producers to ‘‘(i) under an agreement that specifies a as the ‘‘Transparency Act’’. Today we manage their risk. This legislative pro- firm base price that may be equated with a fixed dollar amount on the date the agree- are once again working together in a posal will hopefully give confidence to ment is entered into; bipartisan fashion to re-introduce this independent livestock producers by im- ‘‘(ii) under which the livestock are slaugh- important legislation. proving the accuracy and viability of tered not more than 7 days after the date on As everyone knows, I introduced the the Mandatory Price reporting system which the agreement is entered into; and packer ban this Congress because I and secure fair prices for contracts ‘‘(iii) under circumstances in which a rea- want more competition in the market- based on that data. sonable competitive bidding opportunity ex- place. While I don’t think packers It’s just common sense, when there ists on the date on which the agreement is should be in the same business as inde- aren’t a lot of cattle and pigs being entered into. pendent livestock producers, it’s not purchased on the cash market, it’s ‘‘(B) REASONABLE COMPETITIVE BIDDING OP- PORTUNITY.—For the purposes of subpara- the fact that the packers own the live- easier for the Mandatory Price report- graph (A)(iii), circumstances in which a rea- stock that bothers me as much as the ing data to be inaccurate or manipu- sonable competitive bidding opportunity fact that the packers’ livestock com- lated. The majority of livestock pro- shall be considered to exist if— petes for shackle space and adversely duction contracts are based on that ‘‘(i) no written or oral agreement precludes impacts the price independent pro- data, so if that information is wrong the producer from soliciting or receiving ducers receive. the contract producers suffer. bids from other packers; and My sponsorship of the packer ban is This legislation will guarantee inde- ‘‘(ii) no circumstance, custom, or practice based on the belief that independent pendent livestock producers market exists that— producers should have the opportunity access and a fair price. It will accom- ‘‘(I) establishes the existence of an implied contract (as determined in accordance with to receive a fair price for their live- plish these goals by making it more the Uniform Commercial Code); and stock. The last few years have led to difficult for the Mandatory Price Re- ‘‘(II) precludes the producer from soliciting widespread consolidation and con- porting System to be manipulated be- or receiving bids from other packers. centration in the packing industry. cause of low numbers being reported by ‘‘(b) GENERAL RULE.—Of the quantity of Add on the trend toward vertical inte- the packs. The Transparency Act is livestock that is slaughtered by a covered gration among packers and there is no crucial legislation to guarantee live- packer during each reporting day in each plant, the covered packer shall slaughter not question why independent producers stock producers receive a fair shake at less than the applicable percentage specified are losing the opportunity to market the farm gate and I am looking forward in subsection (c) of the quantity through their own livestock during profitable to working on this legislation in a bi- spot market sales from nonaffiliated pro- cycles in the live meat markets. partisan fashion. ducers.

VerDate Mar 15 2010 21:10 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00032 Fmt 0637 Sfmt 0634 E:\2003SENATE\S06FE3.REC S06FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 6, 2003 CONGRESSIONAL RECORD — SENATE S2053 ‘‘(c) APPLICABLE PERCENTAGES.— Justice serious crimes against children ‘‘(3) Section 3283 of title 18, relating to an ‘‘(1) IN GENERAL.—Except as provided in are now out of military prosecutors’ extension of a period of limitation for pros- paragraph (2), the applicable percentage reach. ecution of an offense involving sexual or shall be— This loophole became tragically ap- physical abuse of a child under the age of 18 ‘‘(A) in the case of a covered packer that is years, shall apply to liability of a person for not a cooperative association, 25 percent; parent to me after I was contacted by trial for such an offense by a court-martial and the father of a young girl who was sex- and liability of a person for punishment for ‘‘(B) in the case of a covered packer that is ually abused by a member of the mili- such an offense under section 815 of this title a cooperative association, 12.5 percent. tary. The victim’s father called my of- (article 15).’’. ‘‘(2) EXCEPTIONS.— fice to express his frustration that the ‘‘(A) COVERED PACKERS WITH A HIGH PER- Air Force couldn’t properly prosecute By Mr. LEVIN (for himself and CENTAGE OF CAPTIVE SUPPLY CATTLE.—In the the man for molesting his daughter Mr. JEFFORDS): case of a covered packer (other than a cov- over a 7-year period. The military S. 327. A bill to amend part A of title ered packer described in subparagraph (B)) couldn’t convict the offender on the IV of the Social Security Act to allow that reported to the Secretary in the 2001 an- up to 2 months of vocational edu- nual report that more than 75 percent of the worst counts levied against him be- cattle of the covered packer were captive cause of the insufficient 5-year statute cational training to be counted as a supply cattle, the applicable percentage of limitations provided by the Uniform work activity under the temporary as- shall be the greater of— Code of Military Justice. sistance to needy families program; to ‘‘(i) the difference between the percentage Air Force prosecutors originally used the Committee on Finance. of captive supply so reported and 100 percent; the extended statute of limitations Mr. LEVIN. Mr. President, I am and provided by the Victims of Child Abuse pleased to be joined by the Senator ‘‘(ii)(I) during each of calendar years 2004 Act to convict the defendant of several JEFFORDS in reintroducing legislation and 2005, 5 percent; crimes, but the most serious convic- that seeks to add an important meas- ‘‘(II) during each of calendar years 2006 and ure of flexibility to a provision of the 2007, 15 percent; and tions were overturned by the U.S. ‘‘(III) during calendar year 2008 and each Court of Appeals for the Armed Forces Temporary Assistance for Needy Fami- calendar year thereafter, 25 percent. which determined that the shorter lies program, TANF, under the Per- ‘‘(B) COOPERATIVE ASSOCIATIONS WITH HIGH statute of limitations provided by the sonal Responsibility and Work Oppor- PERCENTAGE OF CAPTIVE SUPPLY CATTLE.—In UCMJ applied to the case instead of tunity Reconciliation Act of 1996. The the case of a covered packer that is a cooper- the extended prosecution period pro- legislation we are introducing in- ative association and that reported to the vided by the VCAA. creases from 12 to 24 months the limit Secretary in the 2001 annual report that The Court’s narrow interpretation of on the amount of vocational education more than 87.5 percent of the cattle of the training that a State can count to- covered packer were captive supply cattle, the VCAA means this sex offender will the applicable percentage shall be the great- do a very short sentence at best, even wards meeting its work participation er of— though he abused this young girl for rate. ‘‘(i) the difference between the percentage years. Under the pre-1996 Aid to Families of captive supply so reported and 100 percent; The bill I introduce today is designed with Dependent Children program, wel- and to ensure that kids aren’t denied jus- fare recipients could participate in ‘‘(ii)(I) during each of calendar years of tice just because the defendant happens post-secondary vocational training or 2004 and 2005, 5 percent; to be a member of the military. Mili- community college programs for up to ‘‘(II) during each of calendar years of 2006 24 months while receiving assistance. and 2007, 7.5 percent; and tary prosecutors need the power to put ‘‘(III) during calendar year 2008 and each these criminals away for a long time. While I support TANF’s emphasis on calendar year thereafter, 12.5 percent. The statute of limitations provided moving welfare recipients into jobs, I ‘‘(d) NONPREEMPTION.—Notwithstanding by the VCAA allows prosecutions until am troubled by the restriction on post- section 259, this section does not preempt the victim’s 25th birthday. My bill secondary education training, limiting any requirement of a State or political sub- clarifies that the VCAA’s statute of it to 12 months. Only one year of voca- division of a State that requires a covered limitations applies to courts martial tional education counts as an approved packer to purchase on the spot market a work activity. The second year of post- greater percentage of the livestock pur- whenever a case arises involving the chased by the covered packer than is re- sexual or physical abuse of a child. secondary education study does not. quired under this section. Child victims of sexual crimes some- The limitation on post-secondary ‘‘(e) RELATIONSHIP TO OTHER PROVISIONS.— times struggle to come to terms with education and training raises a number Nothing in this section affects the interpre- the crimes committed against them of concerns, not the least of which is tation of any other provision of this Act, in- and often are not willing, or able, to whether individuals may be forced into cluding section 202.’’. bring the crime to the attention of au- low-paying, short-term employment By Mr. NELSON of Florida: thorities until they are much older. that will lead them back onto public S. 326. A bill to amend the Uniform Applying the longer statute of limita- assistance because they are unable to Code of Military Justice to apply to tions provided by the VCAA to courts support themselves or their families. prosecutions of child abuse cases in martial will allow military prosecutors According to recent studies, this is ex- courts-martial an extended statute of to throw the book at sexual predators. actly what has happened in far too limitations applicable to prosecutions I strongly urge my colleagues to sup- many cases. of child abuse cases in United States port this simple, but very important, A March 13, 2001, report of the Con- District Courts, and for other purposes; change to the law. Our kids deserve gressional Research Service, indicates to the Committee on Armed Forces. this protection and we should give it to that the average hourly wage for these Mr. NELSON of Florida. Mr. Presi- them without delay. former welfare recipients ranged from dent, I rise today to introduce legisla- I ask unanimous consent that the $5.50 to $8.80 per hour. According to the tion to close a gaping loophole in the text of the bill be printed in the U.S. Census Bureau, the mean earnings Victims of Child Abuse Act that cur- RECORD. of adults with an associate degree are rently ties the hands of military pros- There being no objection, the bill was 20 percent higher than adults who have ecutors. ordered to be printed in the RECORD, as not achieved such a degree. Congress passed the Victims of Child follows: A majority of the Senate has pre- Abuse Act to extend the statute of lim- S. 326 viously voted to make 24 months of itations for prosecuting offenses in- Be it enacted by the Senate and House of Rep- post-secondary education a permissible volving the sexual or physical abuse of resentatives of the United States of America in work activity under TANF. The Levin- minor children. But the military’s Congress assembled, Jeffords amendment to the 1997 Rec- highest court recently said the VCCA’s SECTION 1. EXTENDED LIMITATION PERIOD FOR onciliation bill, permitting up to 24 PROSECUTION OF CHILD ABUSE months of post-secondary education, extended statute of limitations doesn’t CASES IN COURTS-MARTIAL. apply to courts martial. Section 843(b) of title 10, United States received 55 votes—falling five votes Because Congress did not expressly Code (article 43 of the Uniform Code of Mili- short of the required procedural vote of address the relationship of this provi- tary Justice, is amended by adding at the 60. I must note the efforts of our dear sion to the Uniform Code of Military end the following new paragraph: friend and colleague Senator Paul

VerDate Mar 15 2010 21:10 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00033 Fmt 0637 Sfmt 0634 E:\2003SENATE\S06FE3.REC S06FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2054 CONGRESSIONAL RECORD — SENATE February 6, 2003 Wellstone who was committed to this Mountain Park as the Catoctin Moun- between national and state park man- issue and who subsequently, in 1998, of- tain National Recreation Area. I first agement, has caused longstanding con- fered similar legislation as an amend- introduced this measure in October fusion for visitors to the area. Catoctin ment to the Higher Education Act re- 2002, but unfortunately it was not acted Mountain Park is continually authorization, which I cosponsored. upon during the closing days of the misidentified by the public as con- The Senate adopted his amendment, 107th Congress. It is my hope that the taining lake and beach areas associated however, the amendment was dropped legislation will receive full and prompt with Cunningham Falls State Park, during conference negotiations. consideration this year. being operated by the State of Mary- In June of last year, Senator JEF- I spoke last year about the need for land, or being closed to the public be- FORDS and I were very pleased that our this legislation and would like to un- cause of the presence of Camp David. proposal was included in the Senate Fi- derscore the principal arguments National Park employees spend count- nance Committee reported bill reau- today. Catoctin Mountain Park is a less hours explaining, assisting and re- thorizing TANF. It is our hope that the hidden gem in our National Park Sys- directing visitors to their desired des- Senate will again act favorably and ex- tem. Home to Camp David, the Presi- tinations. peditiously on this legislation and that dential retreat, it has been aptly de- My legislation would help to address the House will support this much-need- scribed as ‘‘America’s most famous un- this situation and clearly identify this ed state flexibility. We must do what is known park.’’ Comprising nearly 6000 park as a unit of the National Park necessary to achieve TANF’s intended acres of the eastern reach of the Appa- System by renaming it the Catoctin goal of getting families permanently lachian Mountains in Maryland, the Mountain National Recreation Area. off of welfare and onto self-sufficiency. park is rich in history as well as out- The mission and characteristics of this Finally, I would like to share with door recreation opportunities. Visitors park—which include the preservation my colleagues some examples of the can enjoy camping, picnicking, cross- of significant historic resources and difference that completion of two years country skiing, fishing, as well as the important natural areas in locations of vocational or community college solitude and beauty of the woodland that provide outdoor recreation for can make. The following are jobs that mountain and streams in the park. large numbers of people—make this an individual could prepare for in a Catoctin Mountain Park had its ori- designation appropriate. This measure structured two-year training or com- gins during the Great Depression as would not change access requirements munity college program, including the one of 46 Recreational Demonstration or current recreational uses occurring average starting salary, as provided by Areas, RDA, established under the au- within the park. But it would assist the the Bureau of Labor Statistics. thority of the National Industrial Re- visiting public in distinguishing be- covery Act. The Federal Government tween the many units of the State and AVERAGE STARTING SALARY NATIONWIDE purchased more than 10,000 acres of Federal systems. It will also, in my mountain land that had been heavily Respiratory Therapist ...... $29,700 judgment, help promote tourism by en- Occupational Therapy Assistant ...... 25,220 logged and was no longer productive to hancing public awareness of the Na- Electrician ...... 24,230 demonstrate how sub-marginal land tional Park unit. Physical Therapy Assistant ...... 23,590 could be turned into a productive rec- Computer Support Specialist ...... 22,710 The legislation is supported by the Interior Designer ...... 21,490 reational area and help put people back Board of County Commissioners and Legal Secretary ...... 22,360 to work. From 1936 through 1941, hun- Food Service Manager ...... 20,370 Tourism Council of Frederick County. I dreds of workers under the Works urge approval of this legislation. We must ensure that all citizens have Progress Administration and later the the opportunity to become productive Civilian Conservation Corps were em- By Mr. CAMPBELL (for himself, ployed in reforestation activities and and successful members of the work- Mr. COCHRAN, Mr. MILLER, Mr. in the construction of a number of force. Again, I urge my colleagues to JOHNSON, Mr. INOUYE, Mr. CON- camps, roads and other facilities, in- act with haste on this legislation. This RAD, Mr. BINGAMAN, Mr. LEAHY, cluding the camp now known as Camp modification will give the states the Mr. BUNNING, Mr. DOMENICI, Ms. David, and one of the earliest—if not flexibility they need to improve the MURKOWSKI, and Mr. CRAIG): economic status of families across the oldest—camp for disabled individ- S. 330. A bill to further the protec- America. uals. In November 1936, administrative tion and recognition of veterans’ me- I ask unanimous consent that the authority for the Catoctin RDA was morials, and for other purposes; to the text of the legislation Senator JEF- transferred to the National Park Serv- Committee on the Judiciary. FORDS and I are introducing be printed ice by Executive Order. Mr. CAMPBELL. Mr. President, in the RECORD. In 1942, concern about President Roo- There being no objection, the bill was sevelt’s health and safety led to the se- today I introduce legislation that would recognize and protect the sanc- ordered to be printed in the RECORD, as lection of Catoctin Mountain, and spe- follows: cifically Camp Hi-Catoctin as the loca- tity of veterans’ memorials standing tributes to the brave American men S. 327 tion for the President’s new retreat. Subsequently approximately 5,000 acres and women who have fought for our en- Be it enacted by the Senate and House of Rep- during freedom. I am pleased to be resentatives of the United States of America in of the area was transferred to the State Congress assembled, of Maryland, becoming Cunningham joined by eleven of my colleagues, who SECTION 1. INCREASE IN NUMBER OF MONTHS Falls State Park in 1954. The remain- are original cosponsors of this bill, the OF VOCATIONAL EDUCATIONAL ing 5,770 acres of the Catoctin Recre- ‘‘Veterans’ Memorial Preservation and TRAINING COUNTED AS A WORK AC- ation Demonstration Area was re- Recognition Act of 2003.’’ TIVITY UNDER THE TANF PROGRAM. named Catoctin Mountain Park by the This bill is based on legislation which Section 407(d)(8) of the Social Security Act passed the Senate in the 107th Con- (42 U.S.C. 607(d)(8)) is amended by striking Director of the National Park Service ‘‘12’’ and inserting ‘‘24’’. in 1954. Unfortunately, the Director gress, S.1644. When I introduced S.1644, failed to include the term ‘‘National’’ it was four days before Veterans’ Day— By Mr. SARBANES (for himself in the title and the park today remains an appropriate marker to honor those and Ms. MIKULSKI): one of 17 units in the entire National who so admirably served our country. S. 328. A bill to designate Catoctin Park System and one of 9 units in the Under my bill, someone who willfully Mountain Park in the State of Mary- National Capital Region that does not destroys any type of monument com- land as the Catoctin Mountain Na- have this designation. Those units in- memorating those in the Armed Serv- tional Recreation Area,’’ and for other clude four parkways, four wild and sce- ices on Federal property would be fined purposes; to the Committee on Energy nic rivers, the White House and Wolf or put in jail. The violator would be and Natural Resources. Trap Farm Park for the Performing subject to a civil penalty in addition to Mr. SARBANES. Mr. President, Arts. a fine, equal to the cost of repairing today I am re-introducing legislation, The proximity of Catoctin Mountain the damage. together with my colleague Senator Park, Camp David, and Cunningham The second part of this bill would MIKULSKI, to re-designate Catoctin Falls State Park, and the differences permit states to place supplemental

VerDate Mar 15 2010 21:10 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00034 Fmt 0637 Sfmt 0634 E:\2003SENATE\S06FE3.REC S06FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 6, 2003 CONGRESSIONAL RECORD — SENATE S2055 guide signs for veterans’ cemeteries on ‘‘§ 1369. Destruction of veterans’ memorials of the men and women who have served in Federal-aid highways. By allowing ‘‘(a) Whoever, in a circumstance described our Armed Forces. It is hard to believe that signs to be posted on well-traveled in subsection (b), willfully injures or de- certain individuals within our communities roads, these sites will gain the recogni- stroys, or attempts to injure or destroy, any would even consider the desecration of a me- structure, plaque, statue, or other monu- morial to those who defended freedom. Yet, tion they deserve. It is my goal to it unfortunately occurs. make cemeteries easily accessible to ment on public property commemorating the service of any person or persons in the armed AMVETS strongly supports the goals of those who want to pay their respect forces of the United States shall be fined your legislative proposal and endorses your there. Many Americans do stop and under this title, imprisoned not more than 10 effort to do more to protect our veterans’ recognize the sacrifice so many have years, or both. memorials and honor the memory of their made for our freedom, and I am con- ‘‘(b) A circumstance described in this sub- military service. We also give strong backing vinced many more would if they were section is that— to the provision in your proposal that identi- ‘‘(1) in committing the offense described in fies the need and importance of providing in- aware of where our memorials are lo- formation to travelers on our Nation’s high- cated. subsection (a), the defendant travels or causes another to travel in interstate or for- ways about the location of these beautiful Our veterans, living and lost, are re- eign commerce, or uses the mail or an in- memorials. minders of our national unity. Those strumentality of interstate or foreign com- We appreciate your steadfast support on who have served in our Armed Services merce; or issues important to the men and women who remind us of freedom and justice in the ‘‘(2) the structure, plaque, statue, or other have served in our Armed Forces. And, midst of conflict and during times of monument described in subsection (a) is lo- again, thank you for the leadership on vet- erans’ issues. peace. We are losing thousands of them cated on property owned by, or under the ju- risdiction of, the Federal Government.’’. Sincerely, forever, each year, as the veteran popu- RICHARD ‘‘RICK’’ JONES, lation ages. We have to honor their (b) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 65 of National Legislative Director. sacrifices by protecting those sites title 18, United States Code, is amended by that recognize them. There are hun- adding at the end the following: PARALYZED VETERANS OF AMERICA, Washington, DC, January 8, 2003. dreds of veterans’ memorials, on Fed- ‘‘1369. Destruction of veterans’ memorials.’’. Hon. BEN NIGHTHORSE CAMPBELL, eral property, where we go to heal and SEC. 3. HIGHWAY SIGNS RELATING TO VETERANS to remember. As a veteran myself, I am U.S. Senate, CEMETERIES. Washington, DC. committed to seeing that not a single (a) IN GENERAL.—Notwithstanding the DEAR SENATOR CAMPBELL: On behalf of the one is stripped of its dignity. terms of any agreement entered into by the Paralyzed Veterans of America (PVA) I am I learned that approximately one Secretary of Transportation and a State writing to offer our support of the ‘‘Vet- month before introducing my bill, van- under section 109(d) or 402(a) of title 23, erans’ Memorial Preservation and Recogni- dals in Mead, CO, had stolen four United States Code, a veterans cemetery tion Act of 2003.’’ shall be treated as a site for which a supple- headstones and shattered another at a Memorials to the men and women who mental guide sign may be placed on any Fed- have served this Nation, in times of war and local cemetery. One of those eral-aid highway. in times of peace, are tokens of our gratitude headstones belonged to a Civil War vet- (b) APPLICABILITY.—Subsection (a) shall for this service, and their sacrifice. They are eran. I commend the Weld County apply to an agreement entered into before, tangible reminders of our past, and an inspi- Sheriff’s office for their work on the on, or after the date of the enactment of this ration for our future. For this reason they ongoing investigation into the crime, Act. are well worth protecting and preserving. as well as local residents who have vol- This legislation addresses both of these THE AMERICAN LEGION, unteered their time to rebuild the site. goals. Washington, DC, January 27, 2003. Again, thank you for introducing the ‘‘Vet- This was a local cemetery, which re- Hon. BEN NIGHTHORSE CAMPBELL, erans’ Memorial Preservation and Recogni- ceived overwhelming local support. Un- U.S. Senate, Russell Senate Office Building, tion Act of 2003.’’ fortunately, when heartbreaking inci- Washington, DC. Sincerely, dents like this happen on Federal land, DEAR SENATOR CAMPBELL: On behalf of the RICHARD B. FULLER, there currently is no comprehensive 2.9 million members of The American Le- National Legislative Director. law to protect the site nor to punish gion, I would like to express full support for ®, the perpetrators. the Veterans’ Memorial Preservation and ROLLING THUNDER INC, Recognition Act. We applaud your effort to NATIONAL CHAPTER 1, I encourage my colleagues to work prohibit the desecration of veterans’ memo- Neshanic Station, NJ, January 8, 2003. together for swift consideration of this rials, and to permit guide signs to veterans Senator BEN ‘‘NIGHTHORSE’’ CAMPBELL, important legislation. It doesn’t cost cemeteries on federal highways. Russell Senate Office Building, the taxpayers a thing, but it could save The American Legion recognizes the need Washington, DC. the American people from the injus- to preserve the sanctity and solemnity of HONORABLE BEN CAMPBELL: I am sending tices of thoughtless vandalism. I have veterans’ memorials. these historic monu- this letter in support of Bill, ‘‘Veterans Me- the support of several veterans’ organi- ments serve not only to honor the men and morial Preservation and Recognition Act of women of the Nation’s armed services, but to 2003. zations who have offered words of en- educate future generations of the sacrifices Rolling Thunder National and our mem- couragement for this bill. These Amer- endured to preserve the freedoms and lib- bers are in full support of this bill. Those icans know, first hand, the concept of erties enjoyed by all Americans. who destroy and deface any Veterans Memo- service. Let’s honor what they and Once again, The American Legion fully rial should be punished and made to pay full thousands of others have done so supports the Veterans’ Memorial Preserva- restitution for the damages they have bravely to preserve our freedom. tion and Recognition Act. We appreciate caused. Many Americans have fought and I ask unanimous consent that the bill your continued leadership in addressing the died for the Freedom of all Americans and and letters of support be printed in the issues that are important to veterans and their Memorials should be honored and re- their families. spected by all. RECORD. Sincerely, I thank you for all your help and support There being no objection, the mate- STEVE A. ROBERTSON, to all American Veterans. rials were ordered to be printed in the Director, National Legislative Commission. Sincerely, RECORD, as follows: SGT. ARTIE MULLER, S. 330 AMVETS, National President. Lanham, MD, January 14, 2003. Be it enacted by the Senate and House of Rep- Hon. BEN NIGHTHORSE CAMPBELL, By Mr. DASCHLE (for himself, resentatives of the United States of America in U.S. Senate, Russell Office Building, Wash- Mr. MCCAIN, Mr. INOUYE, Mr. Congress assembled, ington, DC. BAUCUS, Mr. JOHNSON, Mr. SECTION 1. SHORT TITLE. DEAR SENATOR CAMPBELL: On behalf of DOMENICI, Mr. BINGAMAN, Mr. This Act may be cited as the ‘‘Veterans’ AMVETS, I am writing to commend your in- COCHRAN, and Ms. STABENOW): Memorial Preservation and Recognition Act troduction of legislation to ban desecration S. 331. A bill to amend part E of title of 2003’’. of veterans’ memorials, provide for timely IV of the Social Security Act to pro- SEC. 2. CRIMINAL PENALTIES FOR DESTRUCTION repair of memorials, and ensure appropriate OF VETERANS’ MEMORIALS. placement of guide signs to veterans’ ceme- vide equitable access for foster care (a) IN GENERAL.—Chapter 65 of title 18, teries along federal highways. and adoption services for Indian chil- United States Code, is amended by adding at Our nation’s veterans’ memorials are na- dren in tribal areas; to the Committee the end the following: tional shrines to the bravery and dedication on Finance.

VerDate Mar 15 2010 21:10 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00035 Fmt 0637 Sfmt 0634 E:\2003SENATE\S06FE3.REC S06FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2056 CONGRESSIONAL RECORD — SENATE February 6, 2003 Mr. DASCHLE. Mr. President, today E law for tribes if those requirements ers more because they can. In agricul- I am reintroducing legislation to cor- are not in the best interest of Native tural policy, benefits from the North rect an inequity in the laws affecting children; and allow continuation of American Free Trade Agreement flow many Native American children. I am tribal-State IV–E agreements. the same direction as the Red River of joined by Senators MCCAIN, INOUYE, In a 1994 report, HHS found that the my State, north. This is especially true BAUCUS, JOHNSON, DOMENICI, BINGAMAN, best way to serve this underfunded of pesticide pricing. COCHRAN and STABENOW, in sponsoring group is to provide direct assistance to A recent survey completed by North this important piece of legislation. tribal governments qualified tribal Dakota State University surveyed 15 This effort is also supported by the Na- families. This bill would not result in different pesticides commonly used in tional Indian Child Welfare Associa- reduced funding for the States, as they both Canada and North Dakota. All tion, the American Public Human would continue to be reimbursed for would qualify for registration in North Services Association, and the National their expenses under the law. Dakota under this bill. Of the 15, not Congress of American Indians. I strongly believe Congress should one, not one, had a price differential in Every year, for a variety of often address this oversight and provide eq- favor of the American farmer. When tragic reasons, thousands of children uitable benefits to native American you totaled it all out, those 15 chemi- across the country are placed in foster children who are under the jurisdiction cals cost, in North Dakota alone, $23.7 care. To assist with the cost of food, of their tribal governments, and I urge million more, in 1 year, for the Amer- shelter, clothing, daily supervision and my colleagues to support this bill. ican producer. That’s just not right. school supplies, foster parents of chil- By Mr. DORGAN (for himself, Mr. If we’re going to have free trade, let’s dren who have come to their homes DASCHLE, Mr. LEVIN, Mr. BAU- make it fair trade. If we are going to through state court placement receive CUS, and Mr. CONRAD): open our borders to Canadian grain financial assistance through Title IV–E S. 332. A bill to amend the Federal grown with Canadian pesticides, we of the Social Security Act. Addition- Insecticide, Fungicide, and Rodenticide ought to open our borders to similar ally, States receive funding for admin- Act to permit a State to register a Ca- pesticides for U.S. producers at the istrative training and data collection nadian pesticide for distribution and same cost. It’s time to level the play- to support this program. Unfortu- use within that State; to the Com- ing field for American farmers, we nately, because of a legislative over- mittee on Agriculture, Nutrition, and must give them the same advantages sight, many Native American children Forestry. that Canadian producers have enjoyed who are placed in foster care by tribal Mr. DORGAN. Today I am intro- for years. If we’re going to have a free courts do not receive foster care and ducing legislation to correct a long- trade agreement with Canada, let’s all adoptive services and assistance to standing inequity that has caused sing from the same page, using the which all other income-eligible chil- hardship for American farmers. That same music. Because putting American dren are entitled. inequity is the pricing of agricultural farmers at a disadvantage in the world Not only are otherwise eligible Na- pesticides for American producers in marketplace over pesticide prices that tive children denied foster care mainte- relationship to Canadian pesticide pric- are not in harmony with our competi- nance payments, but this inequity also ing. My bill would solve this inequity tors is a practice that must be stopped. extends to children who are adopted by allowing individual States to label It must be stopped now. through tribal placements. Currently, Canadian pesticides that have the same Nothing in this legislation harms the the IV–E program offers limited assist- formula as those used in the U.S. for environment, unless you’re in the envi- ance for expenses associated with adop- use by American farmers. ronment of profits. This legislation tion and the training of professional Farmers combine land, water, com- would create a procedure whereby indi- staff and parents involved in the adop- mercial inputs, labor, and their man- vidual states could apply and receive tion. These circumstances, sadly, have agement skills into practices and sys- an Environmental Protection Agency made it even harder for Indian children tems to produce food and fiber. To sus- label for agricultural chemicals sold in to attain the permanency they need tain production over time, farmers Canada that are identical or substan- and deserve. must make a profit and preserve their tially similar to agricultural chemicals In many instances, these children resource and financial assets. Society used in the United States. Thus, U.S. face insurmountable odds. Many come wants food and fiber products that are producers and suppliers could purchase from abusive homes. Foster parents low-cost, safe to consume, and aesthet- such chemicals in Canada for use in the who open their doors to care for these ically pleasing, and wants production United States. special children deserve our help. systems that preserve or enhance the The new labels for the chemicals These generous people should not have environment. These often competing would still be under the strict scrutiny to worry about whether they have the goals and pressures are reflected not of the Environmental Protection Agen- resources to provide nourishing food or only in the inputs made available for cy as would their use. This would con- a warm coat, or even adequate shelter production, but also in how the inputs for these children. This legislation will are selected, combined, and managed tinue to insure safety in the food sup- go a long way to ease their concerns. at the farm level. ply. Food safety is a number one pri- Currntly, some tribes and states have Time and time again I have come to ority for all of us. Chemical safety is a entered into IV–E agreements, but Senate floor to point out the stark re- number one priority for all of us. This these arrangements are the exception. alities of free trade. I have talked at bill keeps those priorities intact. They also, by and large, do not include length about the flood of imported It is impossible to defend chemical funds to train tribal social workers and grain that streams across our border. price imbalance. You can’t defend it to foster and adoptive parents. This bill Come to my State of North Dakota. the growers, you can’t defend it to the would make it clear that tribes would Every day truckload after truckload of chemical distributor, and you can’t de- be treated like a state when they Canadian commodities, wheat, barley, fend it to the chemical retailer. Most choose to run their own programs durum, come across our border to com- importantly, you can’t defend it to the under the IV–E program. pete with commodities grown here at American consumer, who ultimately The bill we are introducing today home. These Canadian imports are pays the tab. would: extend the Title IV–E entitle- grown with the aid of pesticides, pes- Let’s be clear, this is not the end of ment programs to children placed by ticides of the same makeup and com- the journey but the beginning. We have tribal agencies in foster and adoptive position as those purchased in the a long way to go to cure the imbal- homes; authorize tribal governments to United States. Yet Canadian producers ances of trade between our nations. If receive direct funding from the Depart- have the luxury of buying those same we don’t begin the journey, we can’t ment of Health and Human Services for chemicals at prices substantially lower end it. This bill is a step in the right administration of IV–E programs than those American farmers have to direction. (tribes must have HHS-approved pro- pay. I request unanimous consent that the grams); allow the Secretary flexibility Why? The answer is simple; pesticide text of the bill be printed in the to modify the requirements of the IV– manufacturers charge American farm- RECORD.

VerDate Mar 15 2010 21:10 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00036 Fmt 0637 Sfmt 0634 E:\2003SENATE\S06FE3.REC S06FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 6, 2003 CONGRESSIONAL RECORD — SENATE S2057 There being no objection, the bill was ‘‘(II) APPLICANT.—If a State registers a Ca- ‘‘(B) EFFECTIVE PERIOD.—If the Adminis- ordered to be printed in the RECORD, as nadian pesticide under this subsection on ap- trator disapproves a registration by a State follows: plication of any person, the person shall be under this subsection by the date that is 90 considered to be the registrant of the Cana- days after the date on which the State issues S. 332 dian pesticide for all purposes of this Act. the registration, the registration shall be in- Be it enacted by the Senate and House of Rep- ‘‘(3) REQUIREMENTS FOR REGISTRATION effective after the 90th day. resentatives of the United States of America in SOUGHT BY PERSON.—A person seeking reg- ‘‘(6) LABELING OF CANADIAN PESTICIDES.— Congress assembled, istration by a State of a Canadian pesticide ‘‘(A) IN GENERAL.—Each container con- SECTION 1. REGISTRATION OF CANADIAN PES- in a State under this subsection shall— taining a Canadian pesticide registered by a TICIDES BY STATES. ‘‘(A) demonstrate to the State that the Ca- State shall bear the label that is approved by (a) IN GENERAL.—Section 24 of the Federal nadian pesticide is identical or substantially the Administrator under this subsection. Insecticide, Fungicide, and Rodenticide Act similar in its composition to a comparable ‘‘(B) DISPLAY OF LABEL.—The label shall be (7 U.S.C. 136v) is amended by adding at the domestic pesticide; and securely attached to the container and shall end the following: ‘‘(B) submit to the State a copy of— be the only label visible on the container. ‘‘(d) REGISTRATION OF CANADIAN PESTICIDES ‘‘(i) the label approved by the Pesticide ‘‘(C) ORIGINAL CANADIAN LABEL.—The origi- BY STATES.— Management Regulatory Agency for the Ca- nal Canadian label on the container shall be ‘‘(1) DEFINITIONS.—In this subsection: nadian pesticide; and preserved underneath the label approved by ‘‘(A) CANADIAN PESTICIDE.—The term ‘Cana- ‘‘(ii) the label approved by the Adminis- the Administrator. dian pesticide’ means a pesticide that— trator for the comparable domestic pes- ‘‘(D) PREPARATION AND USE OF LABELS.— ‘‘(i) is registered for use as a pesticide in ticide. After a Canadian pesticide is registered Canada; ‘‘(4) STATE REQUIREMENTS FOR REGISTRA- under this subsection, the registrant shall— ‘‘(ii) is identical or substantially similar in TION.—A State may register a Canadian pes- ‘‘(i) prepare labels approved by the Admin- its composition to a comparable domestic ticide under this subsection if the State— istrator for the Canadian pesticide; and pesticide registered under section 3; and ‘‘(A) obtains the confidential statement of ‘‘(ii) conduct or supervise all labeling of ‘‘(iii) is registered in Canada by the reg- formula for the Canadian pesticide; the Canadian pesticide with the approved la- istrant of the comparable domestic pesticide ‘‘(B) determines that the Canadian pes- beling. or by an affiliated entity of the registrant. ticide is identical or substantially similar in ‘‘(E) REGISTERED ESTABLISHMENTS.—Label- ‘‘(B) COMPARABLE DOMESTIC PESTICIDE.— composition to a comparable domestic pes- ing of a Canadian pesticide under this sub- The term ‘comparable domestic pesticide’ ticide; section shall be conducted at an establish- means a pesticide— ‘‘(C) for each food or feed use authorized by ment registered by the registrant under sec- ‘‘(i) that is registered under section 3; the registration— tion 7. ‘‘(ii) the registration of which is not under ‘‘(i) determines that there exists an ade- ‘‘(7) REVOCATION.— suspension; quate tolerance or exemption under the Fed- ‘‘(A) IN GENERAL.—After the registration of ‘‘(iii) that is not subject to— eral Food, Drug, and Cosmetic Act (21 U.S.C. a Canadian pesticide, if the Administrator ‘‘(I) a notice of intent to cancel or suspend 301 et seq.) that permits the residues of the finds that the Canadian pesticide is not iden- under any provision of this Act; pesticide on the food or feed; and tical or substantially similar in composition ‘‘(II) a notice for voluntary cancellation ‘‘(ii) identifies the tolerances or exemp- to a comparable domestic pesticide, the Ad- under section 6(f); or tions in the notification submitted under ministrator may issue an emergency order ‘‘(III) an enforcement action under any subparagraph (E); revoking the registration of the Canadian provision of this Act; ‘‘(D) obtains a label approved by the Ad- pesticide. ‘‘(iv) that is used as the basis for compari- ministrator that— ‘‘(B) TERMS OF ORDER.—The order— son for the determinations required under ‘‘(i)(I) includes all statements, other than ‘‘(i) shall be effective immediately; paragraph (4); the establishment number, from the ap- ‘‘(ii) may prohibit the sale, distribution, ‘‘(v) that is registered for use on each site proved labeling of the comparable domestic and use of the Canadian pesticide; and of application for which registration is pesticide that are relevant to the uses reg- ‘‘(iii) may require the registrant of the Ca- sought under this subsection; istered by the State; and nadian pesticide to purchase and dispose of ‘‘(vi) for which no use is the subject of a ‘‘(II) excludes all labeling statements re- any unopened product subject to the order. pending interim administrative review under lating to uses that are not registered by the ‘‘(C) REQUEST FOR HEARING.—Not later than section 3(c)(8); State; 10 days after issuance of the order, the reg- ‘‘(vii) that is not subject to any limitation ‘‘(ii) identifies the State in which the prod- istrant of the Canadian pesticide subject to on production or sale agreed to by the Ad- uct may be used; the order may request a hearing on the ministrator and the registrant or imposed by ‘‘(iii) prohibits sale and use outside the order. the Administrator for risk mitigation pur- State identified under clause (ii); ‘‘(D) FINAL ORDER.—If a hearing is not re- poses; and ‘‘(iv) includes a statement indicating that quested in accordance with subparagraph (C), ‘‘(viii) that is not classified as a restricted it is unlawful to use the Canadian pesticide the order shall become final and shall not be use pesticide under section 3(d). in the State in a manner that is inconsistent subject to judicial review. ‘‘(2) AUTHORITY TO REGISTER CANADIAN PES- with the labeling approved by the Adminis- ‘‘(E) JUDICIAL REVIEW.—If a hearing is re- TICIDES.— trator under this subsection; and quested on the order, judicial review may be ‘‘(A) IN GENERAL.—A State may register a ‘‘(v) identifies the establishment number of sought only at the conclusion of the hearing Canadian pesticide for distribution and use the establishment in which the labeling ap- on the order and following the issuance by in the State if the registration— proved by the Administrator will be affixed the Administrator of a final revocation ‘‘(i) complies with this subsection; to each container of the Canadian pesticide; order. ‘‘(ii) is consistent with this Act; and and ‘‘(F) PROCEDURE.—A final revocation order ‘‘(iii) has not previously been disapproved ‘‘(E) not later than 10 business days after issued following a hearing shall be review- by the Administrator. the issuance by the State of the registration, able in accordance with section 16. ‘‘(B) PRODUCTION OF ANOTHER PESTICIDE.—A submit to the Administrator a written noti- ‘‘(8) SUSPENSION OF STATE AUTHORITY TO pesticide registered under this subsection fication of the action of the State that in- REGISTER CANADIAN PESTICIDES.— shall not be used to produce a pesticide reg- cludes— ‘‘(A) IN GENERAL.—If the Administrator istered under section 3 or subsection (c). ‘‘(i) a description of the determination finds that a State that has registered 1 or ‘‘(C) EFFECT OF REGISTRATION.—A registra- made under this paragraph; more Canadian pesticides under this sub- tion of a Canadian pesticide by a State under ‘‘(ii) a statement of the effective date of section is not capable of exercising adequate this subsection— the registration; controls to ensure that registration under ‘‘(i) shall be deemed to be a registration ‘‘(iii) a confidential statement of the for- this subsection is consistent with this sub- under section 3 for all purposes of this Act; mula of the registered pesticide; and section, other provisions of this Act, or the and ‘‘(iv) a final printed copy of the labeling Federal Food, Drug, and Cosmetic Act (21 ‘‘(ii) shall authorize distribution and use approved by the Administrator. U.S.C. 301 et seq.), or has failed to exercise only within that State. ‘‘(5) DISAPPROVAL OF REGISTRATION BY AD- adequate controls of 1 or more Canadian pes- ‘‘(D) REGISTRANT.— MINISTRATOR.— ticides registered under this subsection, the ‘‘(i) IN GENERAL.—A State may register a ‘‘(A) IN GENERAL.—The Administrator may Administrator may suspend the authority of Canadian pesticide under this subsection on disapprove the registration of a Canadian the State to register Canadian pesticides its own motion or on application of any per- pesticide by a State under this subsection if under this subsection until such time as the son. the Administrator determines that the reg- Administrator determines that the State can ‘‘(ii) STATE OR APPLICANT AS REGISTRANT.— istration of the Canadian pesticide by the and will exercise adequate control of the Ca- ‘‘(I) STATE.—If a State registers a Cana- State— nadian pesticides. dian pesticide under this subsection on its ‘‘(i) does not comply with this subsection ‘‘(B) NOTICE AND OPPORTUNITY TO RE- own motion, the State shall be considered to or the Federal Food, Drug, and Cosmetic Act SPOND.—Before suspending the authority of a be the registrant of the Canadian pesticide (21 U.S.C. 301 et seq.); or State to register a Canadian pesticide, the for all purposes of this Act. ‘‘(ii) is inconsistent with this Act. Administrator shall—

VerDate Mar 15 2010 21:10 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00037 Fmt 0637 Sfmt 0634 E:\2003SENATE\S06FE3.REC S06FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2058 CONGRESSIONAL RECORD — SENATE February 6, 2003 ‘‘(i) notify the State that the Adminis- istrant that was necessary to make the de- ‘‘(c) Additional uses. trator proposes to suspend the authority and terminations required by paragraph (4); and ‘‘(1) In general. the reasons for the proposed suspension; and ‘‘(ii) the amount of the penalty. ‘‘(2) Disapproval. ‘‘(ii) before taking final action to suspend ‘‘(12) PENALTY FOR DISCLOSURE BY STATE.— ‘‘(3) Consistency with Federal authority under this subsection, provide the ‘‘(A) IN GENERAL.—The State shall not Food, Drug, and Cosmetic State an opportunity to respond to the pro- make public information obtained under Act. posal to suspend within 30 calendar days paragraph (10) or (11) that is privileged and ‘‘(4) Suspension of authority after the State receives notice under clause confidential and contains or relates to trade to register pesticides. (i). secrets or commercial or financial informa- ‘‘(d) Registration of Canadian pesticides by States. ‘‘(9) LIMITS ON LIABILITY.—No action for tion. monetary damages may be heard in any Fed- ‘‘(1) Definitions. ‘‘(B) DISCLOSURE.—Any State employee ‘‘(2) Authority to register Ca- eral court against— who willfully discloses information described ‘‘(A) a State acting as a registering agency nadian pesticides. in subparagraph (A) shall be subject to pen- under the authority of and consistent with ‘‘(3) Requirements for reg- alties described in section 10(f). this subsection for injury or damage result- istration sought by person. ‘‘(13) DATA COMPENSATION.—A State or per- ing from the use of a product registered by ‘‘(4) State requirements for son registering a Canadian pesticide under the State under this subsection; or registration. ‘‘(B) a registrant for damages resulting this subsection shall not be liable for com- ‘‘(5) Disapproval of registra- from adulteration or compositional alter- pensation for data supporting the registra- tion by Administrator. ation of a Canadian pesticide registered tion if the registration of the Canadian pes- ‘‘(6) Labeling of Canadian pes- under this subsection if the registrant did ticide in Canada and the registration of the ticides. not have and could not reasonably have ob- comparable domestic pesticide are held by ‘‘(7) Revocation. tained knowledge of the adulteration or the same registrant or by affiliated entities. ‘‘(8) Suspension of State au- compositional alteration. ‘‘(14) FORMULATION CHANGES.— thority to register Canadian ‘‘(10) DISCLOSURE OF INFORMATION BY AD- ‘‘(A) IN GENERAL.—The registrant of a com- pesticides. MINISTRATOR TO THE STATE.—The Adminis- parable domestic pesticide shall notify the ‘‘(9) Limits on liability. trator may disclose to a State that is seek- Administrator of any change in the formula- ‘‘(10) Disclosure of informa- ing to register a Canadian pesticide in the tion of a comparable domestic pesticide or a tion by Administrator to State information that is necessary for the Canadian pesticide registered by the reg- the State. State to make the determinations required istrant or an affiliated entity not later than ‘‘(11) Provision of information by registrants of com- by paragraph (4) if the State certifies to the 30 days before any sale or distribution of the parable domestic pesticides. Administrator that the State can and will pesticide containing the new formulation. ‘‘(12) Penalty for disclosure maintain the confidentiality of any trade se- ‘‘(B) STATEMENT OF FORMULA.—The reg- crets and commercial or financial informa- by State. istrant of the comparable domestic pesticide ‘‘(13) Data compensation. tion provided by the Administrator to the shall submit, with the notice required under State under this subsection to the same ex- ‘‘(14) Formulation changes.’’. subparagraph (A), a confidential statement tent as is required under section 10. (c) EFFECTIVE DATE.—This section and the of the formula for the new formulation if the ‘‘(11) PROVISION OF INFORMATION BY REG- amendments made by this section take ef- registrant has possession of or reasonable ac- ISTRANTS OF COMPARABLE DOMESTIC PES- fect 180 days after the date of enactment of cess to the information. TICIDES.— this Act. ‘‘(A) IN GENERAL.—On request by a State, ‘‘(C) SUSPENSION OF REGISTRATION FOR NON- the registrant of a comparable domestic pes- COMPLIANCE.— f ticide shall provide to the State that is seek- ‘‘(i) IN GENERAL.—If the registrant fails to ing to register a Canadian pesticide in the provide notice or submit a confidential AUTHORITY FOR COMMITTEES TO State under this subsection information that statement of formula as required by this MEET is necessary for the State to make the deter- paragraph, the Administrator may issue a COMMITTEE ON FOREIGN RELATIONS minations required by paragraph (4) if the notice of intent to suspend the registration State certifies to the registrant that the of the comparable domestic pesticide for a Mr. SESSIONS. Mr. President, I ask State can and will maintain the confiden- period of not less than 1 year. unanimous consent that the Com- tiality of any trade secrets and commercial ‘‘(ii) EFFECTIVE DATE.—The suspension mittee on Foreign Relations be author- and financial information provided by the shall become final not later than the end of ized to meet during the session of the registrant to the State under this subsection the 30-day period beginning on the date of Senate on Thursday, February 6, 2003, to the same extent as is required under sec- the issuance by the Administrator of the no- at 9:30 a.m., to hold a hearing on the tion 10. tice of intent to suspend the registration, foreign affairs budget. ‘‘(B) PENALTY FOR NONCOMPLIANCE.— unless during the period the registrant re- Witness: The Honorable Colin L. ‘‘(i) IN GENERAL.—If the registrant of a quests a hearing. comparable domestic pesticide fails to pro- Powell, Secretary, Department of ‘‘(iii) HEARING PROCEDURE.—If a hearing is vide to the State, not later than 15 days after State, Washington, DC. requested, the hearing shall be conducted in receipt of a written request by the State, in- The PRESIDING OFFICER. Without accordance with section 6(d). formation possessed by or reasonably acces- objection, it is so ordered. sible to the registrant that is necessary to ‘‘(iv) ISSUES.—The only issues for resolu- tion at the hearing shall be whether the reg- COMMITTEE ON THE JUDICIARY make the determinations required by para- Mr. SESSIONS. Mr. President, I ask graph (4), the Administrator may assess a istrant has failed to provide notice or submit penalty against the registrant of the com- a confidential statement of formula as re- unanimous consent that the Com- parable pesticide. quired by this paragraph.’’. mittee on the Judiciary be authorized ‘‘(ii) AMOUNT.—The amount of the penalty (b) CONFORMING AMENDMENTS.— to meet to conduct a markup on Thurs- shall be equal to the product obtained by (1) Section 24(c) of the Federal Insecticide, day, February 6, 2003, at 11:30 a.m., in multiplying— Fungicide, and Rodenticide Act (7 U.S.C. Dirksen Room 226. ‘‘(I) the difference between the per-acre 136v(c)) is amended— cost of the application of the comparable do- (A) in paragraph (1), by inserting ‘‘IN GEN- (Tentative) Agenda mestic pesticide and the application of the ERAL.—’’ after ‘‘(1)’’; Canadian pesticide, as determined by the Ad- I. Nominations (B) in paragraph (2), by inserting ‘‘DIS- ministrator; and APPROVAL.—’’ after ‘‘(2)’’; Deborah Cook to be U.S. Court of Ap- ‘‘(II) the number of acres in the State de- (C) in paragraph (3), by inserting ‘‘CONSIST- voted to the commodity for which the State peals Judge for the Sixth Circuit; John registration is sought. ENCY WITH FEDERAL FOOD, DRUG, AND COS- Roberts to be U.S. Court of Appeals METIC ACT.—’’ after ‘‘(3)’’; and ‘‘(C) NOTICE AND OPPORTUNITY FOR HEAR- Judge for the D.C. Circuit; Jeffrey Sut- ING.—No penalty under this paragraph shall (D) by striking ‘‘(4) If the Administrator’’ ton to be U.S. Court of Appeals Judge be assessed unless the registrant is given no- and inserting the following: for the Sixth Circuit; John Adams to tice and opportunity for a hearing in accord- ‘‘(4) SUSPENSION OF AUTHORITY TO REGISTER be U.S. District Court Judge for the ance with section 14(a)(3). PESTICIDES.—Except as provided in sub- section (d)(8), if the Administrator’’. Northern District of Ohio; Robert ‘‘(D) ISSUES AT HEARING.—The only issues Junell to be U.S. District Court Judge for resolution at the hearing shall be— (2) The table of contents in section 1(b) of ‘‘(i) whether the registrant of the com- the Federal Insecticide, Fungicide, and for the Western District of Texas; and parable domestic pesticide failed to timely Rodenticide Act (7 U.S.C. prec. 121) is amend- S. James Otero to be U.S. District provide to the State the information pos- ed by striking the item relating to section Court Judge for the Central District of sessed by or reasonably accessible to the reg- 24(c) and inserting the following: California.

VerDate Mar 15 2010 21:10 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00038 Fmt 0637 Sfmt 0634 E:\2003SENATE\S06FE3.REC S06FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 6, 2003 CONGRESSIONAL RECORD — SENATE S2059 II. Bills and expectation to vote on a district U.S. Supreme Court. But in cases in S. 253, A bill to amend title 18, judge or one of the bills we are working the past when that has occurred, with United States Code, to exempt quali- towards clearing. Therefore, Members Rehnquist, Bork and, of course, an- fied current and former law enforce- should be on notice that the next roll- other important appointment, ment officers from State laws prohib- call vote can be expected approxi- Easterbrook, they were made available. iting the carrying of concealed hand- mately at 5:15 on Monday. We will alert And they should be made available guns. [Campbell/Leahy/Hatch/Grassley/ Members to the precise timing, but it here. DeWine/Kyl/Sessions/Craig/Cornyn/Gra- won’t be any earlier than 5:15 on Mon- There is no attorney-client privilege ham/Feinstein/Schumer] day. at work here. The courts have deter- S. 113, A bill to exclude United States Mr. REID. If I could interrupt the mined that applying that privilege to persons from the definition of ‘‘foreign majority leader, I wish to speak for up Congress would impede our work. Both power’’ under the Foreign Intelligence to 15 minutes, and then Senator BIDEN the House and the Senate have refused Surveillance Act of 1978 relating to wishes to speak for up to 15 minutes. to recognize the privilege in their international terrorism. [Kyl/Hatch/ f rules. Former Solicitors argue that the DeWine/Schumer/Chambliss] policy considerations of ensuring can- ORDER FOR ADJOURNMENT did advice outweighs the Senate’s in- III. Resolutions Mr. FRIST. Mr. President, if there is terest in examining this nominee. I S. , National Inventor’s Day [Hatch/ no further business, I ask unanimous don’t think that is valid. Leahy] consent that the Senate resume execu- As I mentioned, the precedent sup- The PRESIDING OFFICER. Without tive session, and that following the re- ports release of these memos to the objection, it is so ordered. marks of the assistant Democratic Senate. Further, the United States’ leader for 15 minutes and the Senator own Department of Justice guidelines f from Delaware for up to 15 minutes, from 2000 state: APPOINTMENT the Senate then stand in adjournment Our experience indicates that the Justice The PRESIDING OFFICER. The under the previous order. Department can develop accommodations Chair, on behalf of the Vice President, The PRESIDING OFFICER. Without with congressional committees that satisfy objection, it is so ordered. their needs for the information that may be pursuant to Public Law 93–642, appoints obtained in deliberative material while at f the Senator from Washington (Mrs. the same time protecting the Department’s MURRAY) to be a member of the Harry EXECUTIVE SESSION interest in avoiding a chill in the candor of S Truman Scholarship Foundation future deliberations. Board of Trustees, vice the former Sen- It is my understanding the Depart- ator from Missouri (Mrs. Carnahan). NOMINATION OF MIGUEL A. ment of Justice has made no attempt ESTRADA, OF VIRGINIA, TO BE f to reach such an accommodation with UNITED STATES CIRCUIT JUDGE the Judiciary Committee. The ORDERS FOR MONDAY, FEBRUARY FOR THE DISTRICT OF COLUM- stonewalling on the Estrada nomina- 10, 2003 BIA CIRCUIT—Continued tion is part of a larger systematic ef- Mr. FRIST. Mr. President, I ask The PRESIDING OFFICER. The fort by this administration to disable unanimous consent that when the Sen- Democratic whip. the Senate, to govern in secret, to ad- ate completes its business today, it Mr. REID. I apologize to the Chair. I vance the interests of big business over stand in adjournment until 11 a.m., know the Chair has things to do. We the public interests. Monday, February 10. I further ask have been in the same position. We I joined an amicus curiae brief in a unanimous consent that on Monday, know that it is not convenient some- matter where Vice President CHENEY following the prayer and pledge, the times to preside, but we were kind of had all these meetings with big oil morning hour be deemed expired, the dared to come out here today, even companies. It was determined that Journal of proceedings be approved to though there are a lot of things going there should be some divulging of date, the time for the two leaders be on. We had a number of people who whom he met with, when he met with reserved for their use later in the day, went to the memorial. Senators from them, and what they talked about. and the Senate then return to execu- the other side said: I am amazed there Litigation had to be filed on that, and tive session to resume consideration of are no Democrats here to debate I joined in that litigation, filing a the nomination of Miguel Estrada to be Estrada. We recognize there is going to friend of the court brief. It is not right a circuit judge for the DC Circuit. be other time to debate, but we do not that there be stonewalling. Here is an- The PRESIDING OFFICER. Without want the record to appear that we are other example of what has happened in objection, it is so ordered. not interested. That is the reason I this administration. f came down here, to offer my opinion. My colleague and a dear friend, the Migrada Estrada has literally had no chairman of the Judiciary Committee, PROGRAM paper trail. Despite what some of my Senator HATCH, has called the Demo- Mr. FRIST. For the information of colleagues have said on the other side cratic calls for more information about Senators, on Monday, the Senate will of the aisle, it is indisputable that So- Estrada ‘‘silly.’’ Well, we have a role as resume debate on the nomination of licitor General memoranda have been Members of the Senate to advise and Miguel Estrada. We have had a number turned over in the past. For example, give consent to nominations forwarded of Senators speak on the nomination the Department of Justice turned over to us by the White House. I don’t think over the past 2 days. The debate has Solicitor General memoranda for Bork, what we are asking is silly. been productive. I will continue to try Rehnquist, and Easterbrook. On execu- My friend may not agree with our po- to reach agreement with my colleagues tive branch appointments, the Depart- sition, but it is not a silly position. on the other side of the aisle to set a ment of Justice turned over memo- Here is a person about whom the His- time certain for a vote on the con- randa for Benjamin Civiletti. panic caucus of the Congress unani- firmation of this very important nomi- While my colleagues may note that mously said: We don’t want him. nation. former Solicitors General have written Here is a person about whom I put in In addition, I understand three addi- a letter opposing the release of these the RECORD over 50 organizations yes- tional district court judges were re- memos, they cite no legal authority for terday saying: We don’t want him. ported by the Judiciary Committee keeping these memos secret. Basically There are lots of different reasons or- today. We are also attempting to clear what they say is it would impede these ganizations give based on his qualifica- several important pieces of legislation people from writing their opinions. It tions, his temperament. We have one of that may require a small amount of de- doesn’t happen very often that these his former employers who said his tem- bate and a rollcall vote. If we are still people are asked to serve on the second perament, demeanor is not appropriate unable to vote on the Estrada nomina- highest court of the land. It is not to serve on a circuit court. In fact, he tion on Monday, it would be my hope often they are asked to serve on the said he was an ideologue.

VerDate Mar 15 2010 21:10 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00039 Fmt 0637 Sfmt 0634 E:\2003SENATE\S06FE3.REC S06FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2060 CONGRESSIONAL RECORD — SENATE February 6, 2003 That is not silly. People may dis- lated at least some tentative notions that case of a person who is nominated for a agree with our position, but it is not a would influence them in their interpretation lifetime judicial appointment to the silly position. The Constitution’s con- of the sweeping clauses of the Constitution second highest court in our land. sent requirement is not just a and their interaction with one another. The PRESIDING OFFICER. The Sen- rubberstamp requirement, as my col- This nominee doesn’t fall under that. ator from Delaware is recognized. league himself once observed. When a He also commented: f Democratic President sat in the White It would not merely be unusual, but ex- traordinary if they had not at least given LEGISLATIVE SESSION House, my Republican colleagues opinions as to Constitutional issues in their Mr. BIDEN. I ask unanimous consent called for voluminous document pres- previous legal careers. that the Senate now return to legisla- entations from his judicial nominees, They are asking that the man be on tive session. and they got them. the second highest court in this land The PRESIDING OFFICER. Without Judge Paez, I talked to his mother, and he doesn’t have any opinion about objection, it is so ordered. trying to get him confirmed, and we fi- other opinions written by judges. I f nally did. Senator HATCH knows this. I think that really says it all—why there had his mother talk to Senator HATCH. CRISIS IN NORTH KOREA are questions being raised. Mr. BIDEN. Mr. President, I thank He was held up for 4 years. He was I am going to bring in here—I was the majority leader, Senator FRIST, for asked to provide documentation of hoping to do it today. Everybody accommodating my being able to speak every instance during his tenure as a brings in visual aids to the Senate, and at this moment. lower court judge where he reduced a there have been efforts to cut the size sentence downward from Federal sen- I rise today, after coming from a of them, or to cut them out. Anyway, hearing of my Foreign Relations Com- tencing guidelines. I had no problem that has not been done. Let’s assume with their asking for them. Why did he mittee, where Secretary Powell has we had a chart back here, a big white just testified. I note at the outset that do it? Was his judicial temperament, piece of cardboard, or posterboard, and his activism, as it is called by my I, for one—and I think my view is we had here the judicial experience of shared by many—think Secretary Pow- friend from Utah, so much that he Mr. Estrada. It would be blank. There couldn’t vote to confirm? That is a ell made a compelling and irrefutable would not be anything on it. We would case yesterday about Saddam Hussein’s right that he has. bring out another chart and on that it Judge Marcia Berzon was required to possession of and continued effort to would have Miguel Estrada and it provide the minutes from every single hide his weapons of mass destruction would have there the questions he an- California ACLU meeting that occurred and his desire to gain more. But I am swered for the Judiciary Committee. It while she was a member, regardless of fearful—that is the wrong word—I am would be blank. There would be noth- whether she had even attended the concerned that our understandable ing on it. focus on Iraq at this moment is taking meeting. Does it seem ‘‘silly’’ that we are ask- At that time, Chairman HATCH stat- focus off of what I believe to be an ing questions about this man? I don’t ed: equal, if not more immediate, threat to think so. So I would say that we have [T]he Senate can and should do what it can U.S. interests and those of our allies. I a right and an obligation to move for- to ascertain the jurisprudential views a speak of Korea. nominee will bring to the bench in order to ward the way we are. Last week we learned that North The administration’s secrecy is deep- prevent the confirmation of those who are Korea has moved plutonium fuel rods ly disturbing in all these areas. It is likely to be judicial activists. out of storage and possibly towards a more so in the case of Miguel Estrada. That is not a ‘‘silly’’ thing he is production—for everybody listening, I have talked about Vice President doing. He has a right to do that. Sen- this is complicated stuff and I will ex- CHENEY not giving us information ator HATCH continued: plain what I mean. They announced about the oil companies, and this nom- Determining which of President Clinton’s today they are beginning their 5 mega- nominees will become activists is com- ination is also very troubling to me. If watt nuclear powerplant. What hap- plicated and it will require the Senate to be I could file another court brief in this pens with that type of nuclear power- more diligent and extensive in its ques- instance, I would. It is not available. plant—which we, until now, had them tioning of nominees’ jurisprudential views. This is a different type of proceeding. He had a right to do that. I think the Senators have a constitutional duty shut down with the IAEA, when there Senate should be similarly diligent and to evaluate this nominee. This nominee were cameras and inspectors making probing in its review of Mr. Estrada’s has stayed silent, refusing the Amer- sure it was shut down. What happens is record. Basically, the Judiciary Com- ican people a window into his views, ju- they have fuel rods—as my friend mittee asked him roughly 80 questions dicial philosophy, and his manner of knows well, fuel is a nuclear power, and he didn’t give any answers. He thinking. The administration has simi- produces nuclear power. That spent gave answers such as ‘‘I have not read larly refused to turn over documents rod—in other words, the byproduct of the briefs;’’ ‘‘I wasn’t present during that would illustrate those things to that process of generating electricity arguments;’’ ‘‘I have to independently the Senate. through nuclear power—that so-called research the issue.’’ He was asked to Should we approve this nomination, spent rod is then taken out of that re- name three cases from the last 40 the Senate would be setting a dan- actor and, because of the type of reac- years—Supreme Court cases—of which gerous precedent that would greatly tor this is, it is the byproduct of that he was critical. He didn’t have any. narrow the scope of the important reactor. It is a spent rod that has plu- Even Chief Justice Rehnquist, who power vested in us by our Founding Fa- tonium in it. Plutonium—and I am giv- presided in the Senate during the im- thers. ing an unscientific analysis. Not that peachment trial—and the Presiding Of- It would serve neither the Senate, the American public could not under- ficer was one of the prosecutors—and, I the people of Nevada, nor the rest of stand it, but this is an unscientific thought, handled that impeachment the American people to confer such a analysis of how it works. proceeding with great solemnity—he rubber stamp on this or any adminis- That spent rod is then stored some- was diligent and fair. I may not agree tration, Republican or Democrat. where because it has a radioactive half with all of his legal opinions, but what The Founders carefully balanced the life that is longer than any of us, or a nice man. I was chairman of the powers of each branch of government, our grandchildren, or great-grand- Democratic Policy Committee, and I and the Senate’s role in approving a children are going to have. What we called the Chief Justice and said: Come President’s nominee is a critical part have always worried about is they visit with us at election time; would of that balance, this separation of pow- would take that spent rod and move it you do that? He did that. He answered ers. to a plant not far from the reactor that questions, was real funny, and he had a I submit that the examples I have generates electricity, such as the lights great sense of humor. So Chief Justice provided show that this administration that are on in this Chamber, and they Rehnquist, a person I have great re- has forgotten, or ignored, the impor- are put in a reprocessing plant. spect for, said: tance of that balance. The reprocessing plant is another Since most justices come to this bench no There is no more important a time to process by which that spent rod that no earlier than their middle years, it would be remind this administration of the im- longer generates electricity, that has unusual if they had not by that time formu- portance of that balance than in the the fissile material in it, essentially

VerDate Mar 15 2010 21:10 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00040 Fmt 0637 Sfmt 0634 E:\2003SENATE\S06FE3.REC S06FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 6, 2003 CONGRESSIONAL RECORD — SENATE S2061 takes that rod—it is a long rod and it Fine, Deterrence works, up to a can get your hands on them, and you looks like a big pole, sort of. When it is point, and I am not against reminding put it in a nuclear device they call a put in that reprocessing plant, within 1 North Korea of our military prowess. rifle device. If you can smash those two month there would be enough pluto- But only comprehensive negotiations pieces of plutonium together at the ap- nium—figuratively—that comes out of have a change to move Pyongyang propriate speed in the appropriate that rod that is in a different form— back from the precipice it is approach- sphere, you can have, with just those enough plutonium to construct one ad- ing. two small pieces, a 1-kiloton bomb. A ditional nuclear bomb. That material The administration should overcome nuclear chain reaction starts when does not lend itself to easy detection. its distaste for dealing with Kim those pieces collide in the right cir- Geiger counters don’t click when it Chong-il and engage the North in seri- cumstances. passes through a detection area. It is ous, high level, bilateral discussions to If one of those weapons is home- very hard to pick up, like we pick up end the North’s nuclear program once made—it does not have to be put in a knives in suitcases going through at and for all. missile. Because it is classified, I am the airport. That plutonium is export- Demanding that Pyongyang uncondi- not able to tell you, but I know my able and hardly detectable. It is the tionally surrender before the United friend knows because he has full ac- stuff of which a nuclear bomb is made. States will engage in talks is a nice cess, as I do. If we put that so-called Correct, and prophetic! How then, do fantasy policy, but it has absolutely no rifle device which is, like that old say- we explain the administration’s muted hope in the real world. ing, bigger than a bread box but small- response to the world’s worst We should instead adopt a posture of er than a Mack truck—it is somewhere proliferator taking concrete steps that ‘‘more for more.’’ The President is in between—if you put that in place in could permit it to build a nuclear arse- right when he resists ‘‘paying’’ North a stationary position and detonate it, nal? Korea to abide by the agreements it you would have been able to take down We can’t afford to put this problem has already signed. But that is not the World Trade Towers in, I believe it on the back burner just because we are what I’m talking about. The agreed was 3 seconds—do not hold me to that, preoccupied with Iraq and the war on framework left too much undone. Our but very few seconds—and kill about terrorism. The administration needs to objective should not be to restore the 100,000 people according to our experts. demonstrate the ability to walk, chew status quo ante. Because this material is highly tobacco, and spit at the same time. Rather, we need to seek the removal undetectable and moveable, it is of If we follow the hard-headed engage- of all of the spent fuel rods from the considerable concern. ment prescription, will it work? Will Yongbyon nuclear reactor. We need What does this have to do with any- the North change course? verifiably to dismantle the North’s thing? Why am I standing here when I don’t know. It’s impossible to know highly enriched uranium program. We we may be able to go to war in Iraq if for sure unless we try. I say the odds, need to account for the 8–9 kilograms Saddam does not make the right frankly, are stacked against us, and of plutonium ‘‘missing’’ since 1994, and choice? Why am I talking about this? would have been stacked against us do so sooner. rather than later. We What happened is, the North Kore- even if we hadn’t wasted the last 2 need to get North Korea back inside ans, who are trying to blackmail us years. the Nuclear Non-proliferation Treaty and the world, who are the bad guys, Pyongyang says it wants to resolve and return the inspectors to monitor who are doing the wrong thing and are all of the United States’ security con- the North’s conduct. doing it on their own—I am not sug- cerns, including the ‘‘nuclear issue,’’ Long term, we need to address the gesting anything we did produced that and will do so if the United States for- North’s development and export of bal- or made them do that—they are say- mally assures the DPRK of nonaggres- listic missiles and its abominable ing: We are going forward, and we just sion. Is this price too high? Can the human rights records. turned the light switch on in our 5- North be counted on to fulfill its side To get there, we must bring some- megawatt nuclear reactor that will of the bargain? thing to the table other than threats only produce more spent rods—follow Prior to his departure for Pyongyang and insults. me?—the stuff from which you get plu- in 1994, President Carter was briefed by The North isn’t looking for money tonium, but we have 8,000 of these the State Department on the current from us. That can come from South spent rods sitting in another location. situation in North Korea—its economy, Korea, Japan, our allies, in the form of But all we have to do is take these military capabilities, diplomatic ini- trade, aid, investment, and war repara- spent rods or the new ones we get and tiatives. He kept coming back to one tions. take them over to that reprocessing question, ‘‘What does North Korea The North is looking for respect and plant. We have not clicked the light want?’’ security. These are precious commod- switch on in that plant yet, but we He answered the question himself ities. The North must earn them. But promised you we would not switch the with one word: RESPECT. The under- in the end, it seems a small price to light on in our nuclear powerplant, and lying cause of the 1994 crisis and the pay if the outcome is a denuclearized we are saying: No, we are out; we are current one are the same. Peninsula with North and South living out of the arms control regime; we are North Korea is weak, isolated, and in peace. going ahead and switching the light on, incapable of rescuing itself. Largely If you have a piece of plutonium that and if you do not talk to us—basically, cut off from Chinese and Russian sup- has a base bigger in circumference than blackmail—we are going ahead and port, the DPRK is profoundly insecure. the bottom of the jar I am holding up switching the light on in the reprocess- South Korea’s economy has made pos- and about as half as thick and you ing facility. sible a revolution in military affairs, have the right instrument, the right ri- That puts the President in a very dif- and U.S. military prowess has been fling effect—you know how a bullet ficult position, and I am not suggesting proved repeatedly in the Gulf, the Bal- that has gunpowder in it and a piece of this is an easy call. At the end of De- kans, and most recently in Afghani- metal at the end of it, the stuff that cember, the administration indicated stan. By contrast the North’s conven- goes through your body, the bullet has that it intended to take a careful and tional military forces are obsolete, its to be directed some way; it has to be, deliberative approach to the emerging training budget minuscule. in effect, ignited some way. crisis on the peninsula. The North is one of the obvious tar- What happens is you have a rifle with The emerging crisis occurred when gets of a new so-called ‘‘preemptive’’ a firing pin. It has a long tube. You hit they blocked the cameras of the IAEA, military doctrine, and it is witnessing the back of it, and it explodes the gun- kicked the inspectors out, and they a military buildup in the Persian Gulf powder, fires this projectile through went dark; we did not know what they designed to oust Saddam Hussein from the rifle, through the long muzzle, and were doing. Fortunately, we have power in the very near future. it goes certain distances based on its COMINT and HUMINT, my friend The message to Pyongyang could not configuration. knows, a fancy way of saying human be more clear: ‘‘Be afraid. Be very That is what happens when you have intelligence on the ground and sat- afraid.’’ these two pieces of plutonium, if you ellites above, that give us a pretty

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I then ask the question, What hap- gard to Korea they want to be multi- Other administration officials, in- pens if they do not take this spent lateral, which is a good idea. They say cluding the President, conveyed the fuel? What happens if they do not take China, Russia, South Korea, and Japan importance of patience in assessing and it and put it in a weapon? What hap- have as much at stake as we do, even responding to North Korean threats. pens if they take this plutonium from more. Were North Korea 3 to 5 years away the spent fuel and put it in a little can- So what we are going to do—and it is from acquiring additional nuclear ister? I am told by my staff who is ex- correct if we can get it done—we are weapons, this patience in diplomacy pert on Korea that their total trade going to say we will negotiate or talk would be very appropriate. However, surplus is about $400 million a year. with North Korea only under the um- there are 8,000 spent-fuel rods in North If they have this spent fuel, I cannot brella of a multilateral meeting called Korea, which may now be moving out imagine they would not be able to find by the community I just named, where of storage, that can yield enough fissile buyers where they could pick up maybe we are one of the parties. material for five or six additional nu- $200 million for this. What would Iran What are the North Koreans saying? clear weapons. pay for this spent fuel? They are trying They are saying it does not matter The time line for reprocessing this to now generate the ability to reproc- what the rest of these guys think. We spent fuel is a mere 5 to 6 months, but ess their own fissile material. want to know what you think. We it gets worse. The North Koreans are What about al-Qaida, who I might know if we do not get a nonaggression likely to reprocess plutonium from note is alive and well, unfortunately? agreement in some form from you, our spent-fuel rods in small batches. They Damaged but well, damaged but in legitimacy continues to be at stake. Do we want to legitimize this illegit- do not have to take the 8,000 spent-fuel business. Remember when we saw those imate regime? No. But here is the rods and start to reprocess them, pictures as we took Kandahar, when we horns of the dilemma. If we do not talk meaning that the plutonium emerges a invaded Afghanistan with the multilat- to them about what it is we insist on in few grams at a time. Enough pluto- eral force? Remember a reporter—I for- order to suggest we get a nonaggres- nium to produce one nuclear weapon get which news organization it was, but sion pact or some version of it, if we do can be ready in less than 5 weeks, ac- I think it was one of the weekly maga- not let it be known, we will never know cording to our intelligence people and zines. I will not say which one. I re- whether there could have been an our scientists at the laboratories, after member clearly, and everyone else will agreement, and we almost certainly the initial spent fuel—those 8,000 remember when I say it, they went into know that in the near term there will rods—enter the reprocessing plant, not a safe house, I believe it was in be plutonium that is unaccounted for 8,000 of them but some of them. Kandahar, and came out with a dia- The clock is already ticking, and I gram—a safe house meaning a house coming out of that country. My colleagues might say, oh, that is think it is important that the adminis- occupied by al-Qaida—of an attempt at not true, Joe. All we have to do is we tration’s assessment of the recent re- what looked like how to produce a nu- can take out those reprocessing clear weapon. Then we got further in- ports that North Korea has begun re- plants—and we can, by the way. We can formation saying there was clear evi- moving some or all of those 8,000 spent- take them out in a heartbeat. We have dence that al-Qaida had been talking to fuel rods from those storage facilities— the capacity. We know where they are. two Pakistani nuclear scientists who tell us how this development will im- We can blow them up with our missiles, know how to and have made nuclear pact on the overall policy of the admin- our jets, our standoff bombers. istration in terms of patience. weapons. So obviously these boys are Guess what. There are roughly 8,000 Just restarting this reactor could trying to figure out how to make a pieces of artillery they have sitting produce another 6 kilograms of pluto- homemade nuclear device. within range of Seoul. One of our So I would like to think, and I agree nium, in addition to those that are sit- South Korean friends told us, we do not the probability is North Korea is not ting in these rods right now. If support you using force against the Pyongyang completes construction of likely to sell this—I should not say not North. two unfinished, but much larger nu- likely—may not sell this plutonium. How can we go to war with the North clear reactors, it could produce as They may use it all for their own pur- when the South will not support us? much as 275 kilograms of weapons- poses. Kind of fascinating, isn’t it? grade plutonium each year. What if we are wrong and the ability China says they are prepared to talk When the administration says North to account for this material is vir- with North Korea but you should not Korea’s reprocessing, if they started, is tually nonexistent, because it is so dif- waste any more time. Talk to them. not a crisis, it seems to me it makes a ficult to discern and determine where South Korea is saying you should talk very unhealthy suggestion, and that is it is? The reason why our intelligence to them. In a sense, the President is that the only use of this reprocessed service, even after the agreed frame- put on the horns of another dilemma. plutonium, the stuff that can go right work, is saying we think they have One says we should talk multilateral into a bomb, a nuclear weapon, that enough fuel, enough fissile material, because that is the best way to deal the only use they will use it for is to plutonium from the past to have made with this, and all our multilateral make another six or eight nuclear one or two nuclear bombs by 1994, we partners whom we say should be part of weapons. do not know that. So what happens if the discussion say, no, you talk, which They have, we think, one or two nu- we do not resolve this crisis, draw some is unfair because China will not step up clear bombs now, from the time we red lines, make it clear what our inten- to its obligations and its own interest, shut down the process. We worked out tion is and talk with these guys? What in my humble opinion. So much is at an agreement that they shut down the happens if 6 months down the road they stake for South Korea in terms of the process, and everybody agrees it was have started up the reprocessing plant potential carnage that would occur to shut down in 1994. and we know they have enough pluto- South Koreans, in addition to the 37,000 I would have to agree with the ad- nium for 6 new nuclear weapons, and American forces on the peninsula. ministration because I think deter- then we get an agreement? They are They are saying, whoa, we are not for rence works. They seem to have a dual going to say we did not really produce you taking out those reactors. We are standard here. They say the reason we X amount, we produced Y amount, or X not ready to have you call the bluff of have to build a national missile defense minus whatever. Are we ever going to the North. is if deterrence does not work, and now know where this material is? This is So what does the President do? Imag- they tell us basically: Do not worry, it dangerous stuff. ine being President of the United

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Accurate but provocative. such overwhelming damage to the—and What diplomatic efforts have we ex- The fifth recommendation by this we would win the war, by the way, but hausted? These are great questions, but committee that the notion of buying it would cause such overwhelming the administration has yet to answer time works in our favor is increasingly damage to the very people we went to them. Indeed, the administration can- dubious. Let me reiterate the fifth Korea in the first place to protect, the not seem to decide what it is about the point of the report signed by Carl Ford, South Koreans. north that bothers it the most. Is it No. 2, over at CIA, Wolfowitz, No. 2 at What do we do? I suggest the mem- human rights abuses or past support of Defense, Armitage, No. 2 at State: The bers of this administration have the terrorism, export of missiles, its mili- notion that buying time works in our answer if they listen to the people who tary threat, or its nuclear program? favor is increasingly dubious. are now in their administration. The To me, the priority must be a President Bush, please, even if you Bush administration claims the ball is verifiable ending of North Korea’s don’t want to enunciate it, in your in North Korea’s court. North Korea weapons program, particularly nuclear mind, treat this as a crisis because, if says the ball is in our court. From weapons. Everything else must be put it is not contained now, our options are where I sit, the ball is stuck some- off for another day. only diminished as time goes by, not where in the net, or not even in the The third recommendation of the increased. net. You know how once in awhile Armitage report: A U.S. point person when you were a kid you would fake a should be designated by the President f jumpshot from the corner and it would in consultation with congressional get wedged between the back corner leaders and should report directly to ADJOURNMENT UNTIL 11 A.M. and the rim? That is where the ball is the President. MONDAY, FEBRUARY 10, 2003 We have a fine man named Kelly out right now. Somebody has to jump up The PRESIDING OFFICER. Under of the State Department, but he has no and put the ball back in play. the previous order, the Senate stands How does the ball get put back in direct access to the President. This has in adjournment until 11 a.m, Monday, play? There was a report written not not been raised up to that level because February 10, 2003. long ago called The Armitage Report. we are being told—I don’t know why— Thereupon, the Senate, at 1:15 p.m., He happens to be the No. 2 guy at the that this is not a crisis. adjourned until Monday, February 10, State Department now. In that report, I think the American people and this 2003, at 11 a.m. Mr. Armitage and others—including Congress are fully capable of handling the following people: Paul Wolfowitz, more than one crisis at a time. Iraq is f the No. 2 guy at Defense; the former a crisis. So we are told. Well, it is. But Deputy Assistant Secretary of Defense, not in my view in terms of the imme- NOMINATIONS Peter Brookes; current Assistant Sec- diate threat to the United States. Or retary of Intelligence and Research, the crisis could be in North Korea. Why Executive nominations received by Carl Ford, among others. They are all can’t we do both? the Senate February 6, 2003: part of this Armitage Report filed be- President Bush has downgraded the THE JUDICIARY fore President Bush became Presi- special envoy position, thereby assur- EDWARD C. PRADO, OF TEXAS, TO BE UNITED STATES CIRCUIT JUDGE FOR THE FIFTH CIRCUIT, VICE ROBERT dent—called for a policy of hardheaded ing that we cannot gain access to Kim M. PARKER, RETIRED. engagement, developing close coordina- Chong-il, the only man in North Korea ROBERT ALLEN WHERRY, JR., OF COLORADO, TO BE A JUDGE OF THE UNITED STATES TAX COURT FOR A TERM tion with our allies and backed by a with whom we can get a deal, or at OF FIFTEEN YEARS, VICE LAURENCE J. WHALEN, TERM credible threat of military force. Their least figure out what he is about. EXPIRED. prescription was remarkably close to Fourth recommendation: Offer IN THE COAST GUARD that offered by former Secretary of De- Pyongyang clear choices in regard to THE FOLLOWING NAMED INDIVIDUAL FOR APPOINT- fense Perry, but has the tremendous the future. On the one hand, economic MENT AS PERMANENT COMMISSIONED REGULAR OFFI- CER IN THE UNITED STATES COAST GUARD IN THE political advantage of having been em- benefits, security assurances, political GRADE INDICATED UNDER SECTION 211, TITLE 14, U.S. braced by so many leading figures on legitimization. On the other hand, the CODE: the Bush foreign policy team, the peo- certainty of enhanced military deter- To be lieutenant ple running the show now. rence. SCOTT ATEN, 0000 What did Armitage advocate? Here For the United States and its allies, IN THE ARMY the package, as a whole, means we are are the key recommendations. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT First, regain the diplomatic initia- prepared, if Pyongyang meets our con- IN THE RESERVE OF THE ARMY TO THE GRADE INDI- tive. U.S. policy toward North Korea cerns, to accept North Korea as a le- CATED UNDER TITLE 10, U.S.C., SECTION 12203: has ‘‘become largely reactive and pre- gitimate actor up to and including full To be brigadier general dictable with U.S. diplomacy charac- normalization of relations. COL. STEVEN J. HASHEM, 0000 terized by a cycle of North Korea prov- This is not JOE BIDEN writing this THE FOLLOWING ARMY NATIONAL GUARD OF THE recommendation; it is Paul Wolfowitz. UNITED STATES OFFICER FOR APPOINTMENT IN THE RE- ocation or demand and an American re- SERVE OF THE ARMY TO THE GRADE INDICATED UNDER sponse.’’ It is the Assistant Secretary of State, TITLE 10, U.S.C., SECTION 12203: Good idea. Now the Bush administra- Mr. Armitage. What happened in a year To be brigadier general tion claims the ball is in their court, as and a half? What happened to change COL. ALBERT A. RUBINO, 0000 I said. their mind? IN THE MARINE CORPS The second recommendation was ‘‘a The good idea of the administration THE FOLLOWING NAMED OFFICER FOR APPOINTMENT new approach must treat the agreed almost seems ready to be embraced. IN THE UNITED STATES MARINE CORPS RESERVE TO THE framework as the beginning of a policy The President has spoken about bold GRADE INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: toward North Korea, not as an end to initiatives toward the north but talk of To be brigadier general the problem. It should clearly formu- carrots still has been undermined by COL. JAMES L. WILLIAMS, 0000 late answers to two key questions. the Bush administration’s insistence IN THE NAVY First, what precisely do we want from that incentives are the equivalent to THE FOLLOWING NAMED OFFICER FOR APPOINTMENT North Korea and what price are we pre- appeasement. TO THE GRADE INDICATED IN THE UNITED STATES NAVY pared to pay for it.’’ Before my committee today, the Sec- UNDER TITLE 10, U.S.C., SECTION 624: I am quoting from the Armitage re- retary of State says we have no inten- To be lieutenant commander port that Wolfowitz signed off on and tion to go to war with the north, et WAYMON J. JACKSON, 0000

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CITY OF MILWAUKIE, OREGON extremely important to the economic vitality of Scleroderma; hold a Scleroderma symposium CENTENNIAL each State and to our national economy. that would bring together distinguished sci- Small businesses account for the majority of entists and clinicians from across the United HON. EARL BLUMENAUER all new jobs being created daily, and provide States to determine the most important prior- OF OREGON opportunities for millions of people to earn a ities in Scleroderma research; and to establish IN THE HOUSE OF REPRESENTATIVES living and provide financial stability for their a national epidemiological study to better track Wednesday, February 5, 2003 families. Through Scott and Rita’s teamwork the incidence of this disease. and guidance, Mason Building Group, Inc. has Mr. Speaker, I urge my colleagues to join Mr. BLUMENAUER. Mr. Speaker, I would distinguished itself as a leader amongst small me in bringing awareness and to help find a like to recognize the city of Milwaukie, OR, on businesses in Delaware by offering a valuable cure for this devastating disease. the 100th anniversary of its incorporation. This service and maintaining a high level of cus- f is a community in my district that has played tomer satisfaction. an important role in Oregon’s history. Through out my years in public service I RECOGNIZING OSCAR DE LA HOYA While incorporated for 100 years it was ac- have consistently counted Delaware’s small FOR HIS CONTRIBUTIONS tually founded in 1840. Milwaukie began to businesses to be amongst the very best in the play an important role in riverfront shipping Country, and recognition of Mason Building HON. SILVESTRE REYES with the advent of docks on the Willamette Group, Inc. by the Delaware SBDC Network, OF TEXAS River. The commerce from these docks in my mind, confirms this belief. IN THE HOUSE OF REPRESENTATIVES served to link the Willamette Valley’s pioneers Scott and Rita’s accomplishments and inno- Wednesday, February 5, 2003 with goods from the Hudson Bay Trading vative leadership in the small business com- Company and beyond. Oregon’s founder, Doc- munity have placed Mason Building Group, Mr. REYES. Mr. Speaker, I would like to tor John McLaughlin, often supervised com- Inc., in a position to rise above and meet the take this opportunity to recognize and salute a merce on those docks when he visited from challenges of the future; I commend them on proud and distinguished individual for his his nearby home a mile away. their receipt of this award and wish them con- many accomplishments and contributions to Oregon’s third newspaper, The Western tinued success. the Latino community and our country. Star, was founded in Milwaukie in 1850. It f Oscar De La Hoya began his successful quickly became Oregon’s premier newspaper boxing career at the young age of 6 when he up and down the Willamette Valley for settlers LET’S FIND A CURE FOR began training to box at the Eastside Boxing as far south as Eugene. It gave the pioneers SCLERODERMA Club in Los Angeles, CA. From there he made their only information on the Oregon Territory, his way through the ranks and divisions of the coming statehood, events at Champoeg, HON. LUIS V. GUTIERREZ professional boxing, winning five world titles in and the Civil War. OF ILLINOIS different weight divisions. Along the way, he Reaching beyond Oregon’s borders and to IN THE HOUSE OF REPRESENTATIVES also triumphed at the 1992 Olympics, winning the rest of the world is Milwaukie’s contribution a gold medal in boxing. to the American Produce market. A little Wednesday, February 5, 2003 As if a successful boxing career were not known fact is that the Bing Cherry was first Mr. GUTIERREZ. Mr. Speaker, today I am enough, in October of 2000, he began his mu- cultivated in Milwaukie. It was named after a introducing a bill to help the more than sical career, releasing his first self-titled album Manchurian Chinese immigrant who worked 300,000 Americans who suffer from of popular music. for the Lewelling Family Orchards, in what is scleroderma. Scleroderma is a chronic, often Besides his many accomplishments, his now the Lewelling Neighborhood. progressive autoimmune disease in which the commitment to his community has remained Today, Milwaukie is the second largest city body’s immune system attacks its own tissues. steadfast. In 1995, he created the Oscar De in Clackamas County with a population of The disease manifests itself in two forms: La Hoya Foundation as a tribute to his mother 20,470. Its large employers include United localized scleroderma, effecting the skin and Celia. Its goal is to provide educational and Grocers, Oregon Cutting Systems, Dark Horse underlying tissue; and systemic scleroderma, athletic opportunities for the young people of Comics, Warn Industries and Providence also known as systemic sclerosis, a potentially the East Los Angeles community. In keeping Milwaukie Hospital. It serves the Portland re- life-threatening disease that attacks internal with this mission, he established an academic gion as a transportation crossroads, hosting organs, including the lungs, heart, kidneys, scholarship fund for low-income students and the intersection of two State highways, two esophagus and gastrointestinal tract. opened the Oscar De La Hoya Youth Center. freight lines, and hopefully a future light rail Scleroderma can vary a great deal in terms The Youth Center today provides a safe and line. of severity. While for a few individuals it is positive environment where local area youth I am proud to represent the ‘‘City of merely a nuisance, for many it is a life-threat- receive help with their schoolwork, develop Dogwoods’’—Milwaukie, OR. ening illness. For most, it is a disease that af- computer skills, and participate in athletic f fects how they live their daily lives. training programs. IN HONOR OF SCOTT MASON AND The wide range of symptoms and localized In memory of his mother, he also made a RITA THOMAS and systemic variations of the disease make it generous donation to the East L.A. White Me- especially hard to diagnose. The average di- morial Medical Center. This donation served HON. MICHAEL N. CASTLE agnosis is made five years after the onset of as the foundation from which the Celia Gon- symptoms. Once diagnosed, however, people zalez De La Hoya Cancer Center was created. OF DELAWARE with Scleroderma can only look forward to Oscar knows the importance of being a IN THE HOUSE OF REPRESENTATIVES symptomatic relief, as there is no known cure. good role model. Professionally, he has been Wednesday, February 5, 2003 Symptoms may include swelling, hardening a testament to the ideals of hard work and Mr. CASTLE. Mr. Speaker, I rise today to and thickening of the skin, blood vessel perseverance. Outside of the boxing arena, he pay tribute to Scott Mason and Rita Thomas spasms with severe discomfort in the fingers has demonstrated what it means to truly give of Mason Building Group, Inc., this year’s re- and toes, weight loss, joint pain, swallowing back to one’s community. The positive impact cipients of the Government Market Assistance difficulties, nonhealing ulcerations on the fin- of Oscar De La Hoya reaches far beyond the Program Delaware Diamond Award from the gertips and extreme fatigue. In its more ad- state of California. Next week he will visit El Delaware Small Business Development Center vanced forms, Scleroderma can prevent pa- Paso, in my district, and be warmly received Network. tients from performing even the simplest tasks. by an admiring community. He is a young As you know, small businesses such as Among the goals of my legislation is to help man, who while especially appealing to Latino Mason Building Group, Inc., have always been adequately fund research projects regarding youth, stands as an inspiration to all.

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

VerDate Jan 31 2003 02:12 Feb 07, 2003 Jkt 019060 PO 00000 Frm 00001 Fmt 0626 Sfmt 0634 E:\CR\FM\A05FE8.025 E06PT1 E140 CONGRESSIONAL RECORD — Extensions of Remarks February 6, 2003 TRIBUTE TO STUART E. GLICK- Ratner Kaufman, recently named as the ican Red Cross, and Chesapeake Chamber of MAN, RIVERSIDE SUPERIOR Woman of Valor for 2003 by the American Di- Commerce. COURT COMMISSIONER abetes Association. During the past two dec- Amidst all of her obligations, Ms. Stilhnan is ades, we have had the pleasure of working known for her love of and commitment to her HON. KEN CALVERT with Dr. Kaufman on numerous issues relating wonderful children, Lindsay and Walker. OF CALIFORNIA to health policy and we are delighted she has Her loyalty and willingness to do all she can IN THE HOUSE OF REPRESENTATIVES been chosen to receive this prestigious award. to help everyone is unfailing. No one deserves Wednesday, February 5, 2003 Dr. Kaufman has devoted her clinical and the distinguished honor of being named Mr. CALVERT. Mr. Speaker, I rise today to research career to improving the lives of those Woman of the Year for the Women’s Division honor and pay tribute to an individual whose afflicted with diabetes. She is a clinician who of the Hampton Roads Chamber of Com- dedication and contributions to the County of heads the Division of Endocrinology and Me- merce-Chesapeake more than Peggy Stillman. Riverside are exceptional. Riverside County tabolism at Children’s Hospital Los Angeles; a Mr. Speaker, please join me in honoring has been fortunate to have dynamic and dedi- scholar who is a Professor of Pediatrics at the Margaret ‘‘Peggy’’ Stillman, for her commit- cated community leaders who willingly and un- Keck School of Medicine at USC; a researcher ment to literacy, service, and compassion for selfishly give time and talent to making their who has received NIH funding for over twenty her community. communities a better place to live and work. years and a leader who is currently serving as Stuart Glickman is one of these individuals. the National American Diabetes Association f On January 10, 2003, Stuart was honored as President. In short, she is a remarkable he retired as a Riverside Superior Court Com- woman with an extensive and diverse history PAYING TRIBUTE TO MAJOR GEN- missioner. of accomplishments. ERAL E. GORDON STUMP, ADJU- A native born Southern Californian, Stuart Dr. Kaufman, the principal investigator for TANT GENERAL AND DIRECTOR was born and raised in Los Angeles. He was several nationwide efforts to mitigate or elimi- OF THE DEPARTMENT OF MILI- educated by Los Angeles public schools and nate the impact of diabetes, holds numerous TARY AFFAIRS FOR MICHIGAN was admitted to the State Bar in 1971. He patents on the formulation of ExtendBar, a went on to serve as Deputy District Attorney snack bar designed to reduce glycemic excur- HON. MIKE ROGERS for Riverside County from 1971 to 1988. He sion and episodes of hypoglycemia in dia- was the Deputy in charge of the Corona betics. She has even developed an interactive, OF MICHIGAN Branch Office for ten years and assisted the educational CD–ROM game designed for chil- IN THE HOUSE OF REPRESENTATIVES Corona Police Department with training in the dren with diabetes in collaboration with the Wednesday, February 5, 2003 areas of search warrants and report writing. Starbright Foundation. He also conducted courtroom training for po- Dedicated to helping others, Dr. Kaufman Mr. ROGERS of Michigan. Mr. Speaker, I lice officers. He worked in the Riverside Supe- served as the medical director at a summer rise to honor the accomplishments of Major rior and Municipal Courts, Corona Municipal camp for children with diabetes in the San General E. Gordon Stump who is retiring as Court and Hemet Municipal Court, handling Bernardino Mountains of Southern California the Adjutant General of Michigan and Director both felony and misdemeanor cases. for more than twenty years. She also helped of the Department of Military Affairs for Michi- In 1988 he was appointed a Municipal Court establish standards of care for the American gan. Commissioner in the Corona Municipal Court. Diabetes Association. Using her influence to General Stump’s distinguished military ca- In 1992 he was appointed a Superior Court help in her cause, she has led many advocacy reer and his leadership skills led to his ap- Commissioner and oversaw assignments that efforts at the local and national levels to in- pointment by Governor John Engler as Adju- included criminal, civil, family law, traffic, small crease insurance benefits and to reduce dis- tant General and Director of Military Affairs in claims, and unlawful detainers. crimination against people with diabetes. 1991. He has commanded the 150 units of the Stuart currently lives in Corona, California We ask our colleagues to join us today sa- Michigan Army National Guard and Michigan with his wife Ann of 43 years. He has two luting our friend Doctor Francine Ratner Kauf- Air National Guard, as well as directed two daughters, Marsha and Deborah, and is a man for her service and commitment to our veterans’ nursing homes and administered proud grandfather of five. community. grants to a dozen veterans’ service organiza- Stuart has been actively involved in the f tions. community as a member and past president of Decorated many times for his service, Gen- the United States Navy League of Corona. He HONORING MARGARET ‘‘PEGGY’’ eral Stump served his nation with valor in the is also a member and past president of the STILLMAN ON BECOMING SE- Vietnam War, in South Korea during the Corona Breakfast Lions Club and a member of LECTED WOMAN OF THE YEAR U.S.S. Pueblo crisis, and in various assign- the Temescal Palms Masonic Lodge in Co- BY THE HAMPTON ROADS CHAM- ments throughout his more than 37 years of rona. BER OF COMMERCE-CHESAPEAKE Stuart’s tireless work as a Deputy District active and reserve duty. Attorney and a Superior Court Commissioner HON. J. RANDY FORBES Today, as America engages in a war on ter- has contributed unmeasurably to the better- OF VIRGINIA rorism, General Stump is a role model for the ment of Riverside County. His involvement in IN THE HOUSE OF REPRESENTATIVES young men and women around the globe who the community makes me proud to call him a Wednesday, February 5, 2003 stand in harms way, defending our nation and the free world. fellow community member, American and Mr. FORBES. Mr. Speaker, I would like to friend. I know that the residents of Riverside take this opportunity to honor a woman who General Stump’s devotion and commitment County are grateful for his service and salute leads her community in advocating reading to this nation and the state of Michigan, and him as he retires. I look forward to continuing and education, and has spent thirty years his leadership of the men and women of to work with him in the future for the good of building an exemplary library system in her Michigan’s National Guard and Air National our community. community. Guard, and his service to the state’s veterans f Since 1973, Margaret ‘‘Peggy’’ Stillman of organizations have earned him great respect. TRIBUTE TO DOCTOR FRANCINE Chesapeake, Virginia, has worked to improve On February 15, 2003, General Stump and RATNER KAUFMAN the quality of life for the citizens of Hampton his wife, Marie, will be honored by family, Roads as a librarian at the Chesapeake Public friends, associates, and Michigan leaders at a HON. HOWARD L. BERMAN Library. Ms. Stillman’s dedication to enhancing special farewell reception and dinner in East OF CALIFORNIA her community’s joy of reading and access to Lansing, Michigan. information and resources is outstanding. Mr. Speaker, we wish to extend congratula- HON. HENRY A. WAXMAN In addition to her service to the library, Ms. tions to General E. Gordon Stump on the oc- OF CALIFORNIA Stillman chairs the Library of Virginia Board, casion of his retirement. We are honored to IN THE HOUSE OF REPRESENTATIVES and serves as the Chairman of the Library of recognize his many accomplishments and ask Wednesday, February 5, 2003 Virginia Building Committee. Ms. Stillman has that our colleagues in the U.S. House of Rep- Mr. BERMAN. Mr. Speaker, we rise today to also dedicated time and service on the local resentatives join in recognizing his very worthy pay tribute to our good friend, Doctor Francine boards of the American Cancer Society, Amer- achievements.

VerDate Jan 31 2003 02:12 Feb 07, 2003 Jkt 019060 PO 00000 Frm 00002 Fmt 0626 Sfmt 0634 E:\CR\FM\A05FE8.029 E06PT1 February 6, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E141 A TRIBUTE TO BOOKER T. INTRODUCING THE ENDING THE this bill will help encourage FASB to do the WASHINGTON HIGH SCHOOL DOUBLE STANDARD FOR STOCK right thing and require companies to account OPTIONS ACT for stock options. However, if they succumb to industry pressure, Congress should enact this HON. EDDIE BERNICE JOHNSON HON. FORTNEY PETE STARK bill and fix the problem once and for all. Prior to last year’s scandals, nearly all com- OF TEXAS OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES panies relegated their stock option expenses IN THE HOUSE OF REPRESENTATIVES to merely a footnote in their SEC report. Yet, Wednesday, February 5, 2003 these expenses were not reflected in their bot- Wednesday, February 5, 2003 Mr. STARK. Mr. Speaker, I rise today to re- tom line earnings. Since last year’s scandals, Ms. EDDIE BERNICE JOHNSON of Texas. introduce legislation to require accuracy in the many more companies have responded to in- Mr. Speaker, today I ask my colleagues to join way corporations report profits and account for vestors’ demands that stock options be ex- me in honoring an educational success story stock options on their Security and Exchange pensed in earnings reports. Over 120 compa- within the Dallas Independent School District. Commission (SEC) earnings reports. I’m nies, including Amazon.com, Coca-Cola, and The Booker T. Washington High School was pleased to be joined by Representatives EARL General Motors, have announced that they will built in 1922 as the first African American high POMEROY, HENRY WAXMAN, GEORGE MILLER, voluntarily expense stock options on their SEC school in Dallas. For the past 81 years, Book- JOHN OLVER, JAN SCHAKOWSKY, BERNIE SAND- earnings reports in 2003. They should be er T. Washington High School has provided ERS, BILL LIPINSKI, and RAUL GRIJALVA in intro- commended. Nonetheless, many other compa- hundreds of central city youngsters with an ducing this important bill. Senators LEVIN and nies have claimed that they will not expense academic foundation that has allowed them to MCCAIN recently introduced companion legis- stock options until forced to do so. reach their potential. lation in the Senate. Again, Congress took important steps last Under current law, companies can deduct year to address statutory flaws relating to cor- The school’s story began in 1922 with the stock option expenses from their income taxes porate governance and the accounting indus- dream of an African-American-owned school as a cost of doing business, just like they de- try. My legislation, ‘‘Ending the Double Stand- emphasizing the basics through creative in- duct employee wages. However, companies ard for Stock Options’’ is another needed step structional programs, coupled with a strong are not required to similarly report stock option to help prevent companies from misrepre- multicultural development. The school’s suc- expenses on their SEC financial statements to senting their value to their investors and em- cess story can be attributed to incredible com- stockholders. Therefore, SEC reports don’t ac- ployees. I urge my colleagues from both sides mitment on the part of the school’s parents, curately reflect a company’s actual earnings of the aisle to join me in supporting the efforts administrators, and teachers because of their because there is an outstanding compensation of the IASB. Congress ought to heed the call love for kids and crafts. liability that is not accounted for in the earn- of investors and ordinary Americans to ensure The Booker T. Washington High School, ings statement. This misleads employees and accurate reporting of profits and stock options after gallery space and studios were added in investors on the financial standing of their in- expensing. I hope my colleagues will join me 1976, was designated as the arts ‘‘magnet’’ vestment. in passing this bill this year. high school. Since its inception, Booker T. My bill, Ending the Double Standard for f Washington High School has received national Stock Options Act, would help institute accu- acclaim as a prototype for subsequent magnet racy in the reporting of corporate profits. It PAYING TRIBUTE TO MR. DALTON schools throughout the United States and would require corporations to report stock op- PAUL Canada. tions as expenses on their SEC earnings statements in order to receive a tax deduction The Booker T. Washington High School HON. BILL SHUSTER for stock option compensation on the IRS in- community has pulled together for the children OF PENNSYLVANIA come statement. of Dallas’s central city. The school currently IN THE HOUSE OF REPRESENTATIVES Last year, employees and investors faced serves over 700 students from 66 different zip Wednesday, February 5, 2003 an onslaught of accounting scandals that led codes in grades 9 through 12. All students are to bankrupt corporations, diminished pension Mr. SHUSTER. Mr. Speaker, I rise today to selected through auditions, interviews, port- funds and mass lay-offs. While Congress ad- recognize the outstanding career of Mr. Dalton folios, or other demonstration of artistic and dressed many of the accounting problems that Paul, a very special individual from my district. academic aptitudes. led to the deluge of scandals, the treatment of Mr. Paul has been a resident of Chambers- Booker T. Washington High School students stock option expensing has not been ad- burg, Pennsylvania for more than 37 years. distinguish themselves by receiving a variety dressed. Without this reform, corporations will During that time he has dedicated himself to of prestigious awards and honors including continue to mislead investors on the real value the noble pursuit of educating others. Mr. Paul thirteen Presidential Scholar Awards—the na- of their investments and undermine the integ- has recently retired from his position as exec- tion’s highest accolade for excellence in arts rity of the market. utive director of the Franklin County Career and academics. The Financial Accounting Standards Board and Technology Center from which he has On average, 163 graduating seniors boast or FASB is the self-regulated accounting served since July of 1975. For four years prior $5 million in college scholarship offers both in board that oversees SEC reporting. FASB rec- to that, he also served as the school’s assist- arts and academic majors. Noted graduates ommends that companies record stock options ant director. Upon his retirement, he has include Grammy winners such as R & B vocal- as an expense on their SEC financial earnings earned the distinction of being the longest- ist Erykah Badu, jazz trumpeter Roy Hargove, statement, but does not require that stock op- tenured executive director of a vocational singer Norah Jones, dancer Jay Franke, cellist tions be treated as an earnings expense. In school in the state of Pennsylvania. John Koen, visual artists Christian Schumann fact, stock options are the only form of com- Mr. Paul earned a very impressive record and Chris Arnold, drummer Aaron Comess, pensation not treated as an earnings expense during his time as executive director. Under Edie Brickell of the New Bohemians, and at any time. FASB is currently rethinking this his leadership, 96 percent of the students from members of the gospel group God’s Property. standard due to pressure from investors and the Franklin County Career and Technology its international counterpart, the International Center went on to be part of the local work Booker T. Washington High School, a pride Accounting Standards Board or IASB. force. This impressive statistic is just one of of our community, has been a success story At the end of this year, IASB will issue new the many reasons why Mr. Paul’s school has because of its distinguished faculty. The in- accounting standards requiring companies to been named the best vocational-technical structional staff consists of 60 full time teach- expense stock options. The FASB is expected school in the state of Pennsylvania for a num- ers and 24 part-time teachers and consultants. to announce in the next month whether it too ber of years. In addition to his work at the ca- Approximately 83 percent of the faculty has will issue new stock option accounting stand- reer center, Mr. Paul is also affiliated with at advance degrees and 88 percent have more ards similar to those of IASB. least 30 different community clubs and organi- than 10 years of teaching experience. It is my hope that FASB will come out with zations. A few examples of these organiza- Booker T. Washington High School is a na- a decision to require expensing of stock op- tions are: Boy Scout Troop 128 Committee, tional model for educational quality, innova- tions. But as we’ve seen in the past, political Greene Township Lions Club, Pennsylvania tion, and commitment in the face of adversity. and corporate pressure may dissuade FASB Association of School Administrators, the I ask my colleagues to join me in recognizing from providing more transparency to earnings Pennsylvania Vocational Association, and the this fine institution. report requirements. I hope the introduction of Pennsylvania District Governor’s Council for

VerDate Jan 31 2003 02:12 Feb 07, 2003 Jkt 019060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A05FE8.033 E06PT1 E142 CONGRESSIONAL RECORD — Extensions of Remarks February 6, 2003 the Lions Club. Mr. Paul will continue many of the number of employees in Yosemite Na- Spokesperson for the Children and Youth his memberships and serve his community in tional Park, and thus fewer school children at- Committee of the House of Representatives; numerous capacities. tending these schools. With fewer and fewer she was chief sponsor of the Sex Offender Mr. Speaker, I am honored to have the op- children attending these schools, state dollars Registration bill and Public Act 92–137 portunity to pay tribute to Mr. Dalton Paul for are reduced. The result is that the Park is at- (‘‘Heather’s Law’’) as well as House Resolu- his noteworthy career and his impressive ac- tracting less than qualified candidates to work tion 63, which created the Illinois After School complishments at the Franklin County Career in the Park because families are not provided Initiative; she donated legislative scholarships and Technology Center. His students, col- with adequate schools. to DCFS for foster children who are wards of leagues, and community will greatly miss his Furthermore, other existing federal funding the court. experience and leadership in the areas of vo- sources are inadequate to meet the needs of Representative Klingler worked hard for cational education. I wish him the very best in the schools. PILT, payment in lieu of taxes, is State employees; she cosponsored the Early all of his future endeavors. available in both Mariposa and Madera coun- Retirement Plan for State Employees, which f ties where these schools exist and Impact Aid enabled State employees to retire as early as is accessible in Madera County, but—pursuant 50 years old, saving jobs and State money. RECOGNIZING MS. AMANDA to current law—very few dollars actually are Representative Klingler consistently worked BENNETT used to fund the classroom needs. to bring State money to the 100th district; she The situation is so bad for the schools that sponsored the Springfield Medical District bill, HON. SAM GRAVES both the Superintendent of Yosemite National which established a commission to create a OF MISSOURI Park and the President of the Park conces- master plan to redevelop the medical district IN THE HOUSE OF REPRESENTATIVES sionaire have pulled their children from the neighborhood and expand existing healthcare schools. facilities as well as attract new facilities. Wednesday, February 5, 2003 Mr. Speaker, I don’t think we should stand Representative Klingler was instrumental in Mr. GRAVES. Mr. Speaker, I proudly pause by and permit children of Park Service and securing funding for a new classroom at the to recognize Ms. Amanda Bennett, a very spe- concessionaire employees from being de- University of Illinois at Springfield; she was a cial young woman who has exemplified the prived of their education simply because their major supporter of the construction process of finest qualities of citizenship and leadership by parents have been asked by our government the new Lincoln Presidential Library. taking an active part as a volunteer for syn- to work in Yosemite National Park. Prece- Representative Klingler has received com- ergy services’ S.T.O.P. (Synergy Teen Out- dence for assistance to schools located in na- munity honors in recognition of her work; she reach Program) Group. tional parks does exist. Yellowstone National received the Charlotte Danstron Award from Amanda was one of the founding members Park had such a program established in the Women-In-Management for the Women of of S.T.O.P. who eagerly volunteered to be a 1940’s to ensure children of Park employees Achievement in Government Award in 1994, part of Synergy’s Youth Development Leader- receive a quality education. and in 1996 received the Distinguished Lead- ship Program. As a part of this important pro- In addition to the language for Yosemite ership Award from Leadership Springfield that gram, Amanda and other high school students schools, the bill includes a provision to author- is sponsored by the Greater Springfield Cham- have learned about Synergy’s Mission to stop ize the Yosemite Area Regional Transportation ber of Commerce; she received the 1999 Leg- domestic violence and abuse and to help System, YARTS, facility outside of Yosemite islative Leadership Award from the Illinois Al- those that are in shelters. Among her many National Park. This noncontroversial provision coholism and Drug Dependence Association; activities with the organization, Amanda has was added to the bill last Congress prior to further, she received the 1999 Goodwill, organized cookie decorating nights for the passage in the in the Senate. SPARC, and National Association for the Men- Children’s Center, free haircuts for teens at In closing, I believe the best long-term ap- tally Ill Award, the 2001 Anti-Hunger Advocate the emergency shelter, and taking small chil- proach to the Yosemite schools’ funding prob- Award, and the 2002 Illinois Women in Gov- dren from the shelter to toy stores and dinner. lems is the legislation I have proposed. The ernment Award. Her accomplishments have had a profound ef- bill was approved by this body during the Representative Klingler remains active in fect on those who are in great need. 107th Congress, and I look forward to working the community and serves on a number of Most recently, Amanda received the Na- with my colleagues in the 108th Congress to Springfield area community committees; she is tional Network Youth Leadership Award. As once again approve the measure. a member of the Human Values and Ethics Committee at Memorial Hospital, the the only youth to receive this prestigious f award at the National Symposium Conference, Chancellor’s Advisory Committee at the Uni- I would like to commend Amanda on her sin- TRIBUTE TO GWENN KLINGLER versity of Illinois at Springfield, and the Central cere dedication to Synergy Services’. She is Illinois Blood Bank Board; she is a member of an excellent example of someone who is HON. JOHN SHIMKUS The Greater Springfield Chamber of Com- merce, Women-In-Management, Springfield using their passion, motivation and skills to OF ILLINOIS Rotary International, and the Sangamon Coun- make their community a better place. IN THE HOUSE OF REPRESENTATIVES Mr. Speaker, I proudly ask you to join me in ty Medical Alliance. Wednesday, February 5, 2003 commending Ms. Amanda Bennett for her We congratulate Representative Gwenn many important contributions to Synergy Serv- Mr. SHIMKUS. Mr. Speaker, I rise today to Klingler on a job well done and wish her and ices, her community and the 6th District of honor Representative Gwenn Klingler a resi- her family well in all of their future endeavors. Missouri. dent of Springfield; she is married to Dr. Ger- f f ald Klingler and has two grown, married chil- IN HONOR OF BISHOP BERTHA dren and one grandson; she graduated from MABLE MASSEY YOSEMITE NATIONAL PARK Ohio Wesleyan University and later received a EDUCATION IMPROVEMENT ACT master’s degree in biology from the University of Michigan; she went on to receive a law de- HON. DENNIS J. KUCINICH OF OHIO gree with honors from George Washington HON. GEORGE RADANOVICH IN THE HOUSE OF REPRESENTATIVES OF CALIFORNIA University. Wednesday, February 5, 2003 IN THE HOUSE OF REPRESENTATIVES Representative Klingler served as an alder- man on the Springfield City Council from 1991 Mr. KUCINICH. Mr. Speaker, I rise today in Wednesday, February 5, 2003 to 1995 where she was chairman of the Public honor of Bishop Bertha Mable Massey, resi- Mr. RADANOVICH. Mr. Speaker, I sub- Safety Committee; she was twice elected to dent Of Cleveland, on the joyous occasion of mitted the Yosemite National Park Education the Springfield District 186 School Board the celebration of her 106th birthday. Improvement Act in the House of Representa- where she served from 1987 to 1991; she For over a century, Bishop Massey has de- tives. The bill authorizes the Secretary of Inte- served as Board President in 1988. voted her life to her family, her faith, and her rior to make available supplemental funding to Since first being elected to the House of community. Well ahead of her time, Bishop assist local school districts in providing edu- Representatives in 1994, Representative Massey paved the way for women within the cational services for students attending three Klingler has been regarded as a child’s advo- hierarchy of organized religion. She is the pre- schools located within Yosemite National Park. cate; in 1998, she received the Daycare Ac- siding Bishop of The House of God, and has Since the devastating 1997 Merced River tion Award; she helped to pass the Foster jurisdiction over two states—Ohio and New flood, there has been a dramatic reduction in Parents Bill of Rights; she has served as the Jersey.

VerDate Jan 31 2003 02:12 Feb 07, 2003 Jkt 019060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A05FE8.035 E06PT1 February 6, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E143 While committing herself to helping others in person can make a difference. I wish her a re- ically passed away in a plane crash shortly rural and urban America, Bishop Massey also laxing and fulfilling retirement. after takeoff from Central Illinois Regional Air- kept focused on her studies. At Trinity College f port on July 22. in Springfield, IL, Bishop Massey earned her Many of our Nation’s greatest servants have Doctorate degree. In 1976, Bishop Massey A SPECIAL TRIBUTE TO BARBARA never been elected to public office. They si- was appointed presiding Bishop over New Jer- BLACKFORD FOR HER DEDI- lently and humbly transform communities out sey and Ohio. Her passion for spirituality, CATED SERVICE TO CRAWFORD of the kindness of their hearts, selfless gen- faith, history and community has not faltered COUNTY erosity, and a dedication to improving the wel- with the passing years. Rather, her devotion fare of loved ones and those whom he had has grown stronger. HON. PAUL E. GILLMOR never met. Joe Warner was one of these serv- Mr. Speaker and Colleagues, please join me OF OHIO ants, and serves as an inspiration to us all. in honor and recognition of Bishop Bertha IN THE HOUSE OF REPRESENTATIVES Joe Warner was born on July 3, 1942, in Mable Massey—a remarkable woman, leader, DeKalb, IL, to Paul and Doris Walkey Warner. Wednesday, February 5, 2003 and spiritual guide. Bishop Massey’s work and He attended Northern Illinois University, and service continues to give hope, faith, wisdom Mr. GILLMOR. Mr. Speaker, it is with great then received his MBA from the University of and comfort to countless individuals and fami- pride that I rise today to pay special tribute to Illinois. Mr. Warner went on to become presi- lies, and serves to uplift our entire Cleveland an outstanding lady from Ohio. Barbara dent and chief executive officer of Heritage community. Together we wish Bishop Bertha Blackford was born in Crawford County and Enterprises, a long term care corporation, Mable Massey a wonderful 106th Birthday, has lived there all her life. She was raised on which is located in Bloomington, IL. and many more to come. a farm in Liberty Township and graduated The frail elderly of Illinois have benefited f from Sulphur Springs High School. greatly from the leadership and dedication of Barbara worked in the accounting depart- Joe Warner. Whether it was in his capacity as HONORING MARY HARRIS FOR ment of the Shelby Depot, at the Bucyrus president and chief executive officer of Herit- HER THIRTY-ONE YEARS OF Telegraph Forum, and at the Crawford County age Enterprises, or president of the Illinois SERVICE Board of Elections before becoming a county Health Care Association, Mr. Warner tirelessly commissioner. advocated on behalf of Illinois’ seniors to en- HON. MICHAEL E. CAPUANO As a county commissioner, Barb served on sure they were afforded the highest quality of the CCAO Legislation Committee and the Ag care. He considered anything less as unac- OF MASSACHUSETTS and Rural Affairs Committee. Locally, Barb IN THE HOUSE OF REPRESENTATIVES ceptable, because his residents were our fa- represented the commissioners on the Re- thers, mothers, wives, and husbands. Wednesday, February 5, 2003 gional Planning Commission, the Erie Basin Joe Warner’s generosity was not limited to Resources Conservation & Development Com- Mr. CAPUANO. Mr. Speaker, I rise today to the elderly. Illinois’ youth have also lost a mittee, the Community Improvement Corpora- honor and congratulate Mary Harris, who re- friend. Prior to his passing, he had taken on tion, was an alternate for issue 11, served on cently retired from Greater Boston Catholic the role of planner and fundraiser for the $3 the Personnel Committee, the Microfilm Board, million Challenger Learning Center, which will Charities. In her 31 years of service Ms. Harris and was on the MARC Board of Governors. worked tirelessly to better the lives of those be an educational site for children to learn Barbara did an outstanding job as a more about math and science. Memorial con- around her. Crawford Community Commissioner. She has tributions are being made to the learning cen- During her tenure at Catholic Charities, Ms. always enjoyed the small town atmosphere ter, to ensure that Mr. Warner’s vision is real- Harris worked with children in day care, foster and has always respected and appreciated ized. care and adoption. She also worked with fami- working with the people of Crawford County. lies wishing to adopt and families interested in Barbara practiced an opendoor policy and be- The towns of Normal and Bloomington are foster care. For the past 12 years she served lieved that local government should always be better places to work and live because of Joe as the Director of the Eastern Middlesex there to serve and to keep the best interests Warner. In 1987 he conducted a $2 million County Foster Grandparent Program. This of its constituency in mind. Barbara Blackford renovation in Bloomington which served as a program has a multitude of benefits for both did just that. catalyst in the town’s revitalization program. In seniors and children. Seniors volunteer in Barbara is a devoted mother of four children addition, he served on Normal’s 2025 Com- schools and daycare centers, help with fund- and the proud grandmother of six grand- mittee, which planned for the city’s future, as raisers, promote the Foster Grandparent Pro- children. She and her husband, Lloyd, attend well as its Downtown Advisory Commission. gram, and learn about children from a variety the St. Paul Lutheran Church in North Robin- Joe Warner was involved in scores of orga- of educators. Seniors also gain the knowledge son, Ohio. nizations, and knew the importance of invest- that they are needed and can make a dif- Mr. Speaker, Barbara Blackford will leave ment in his community. Mr. Warner was the ference in the lives of children. The children big shoes to fill as she leaves her post as dedicated head of the McLean County GOP get the privilege of having more people in their Crawford County Commissioner. Her wisdom, for ten years. He served his country in the lives who care about them and are exposed to honesty and forthrightness are attributes to army. He was on the legislative committee of different perspectives and wisdom. which all public servants should aspire. She the board of directors of the Illinois State Uni- Ms. Harris has not only administered the has set an example for everyone on how to versity Foundation. He was the past-president program, but also shown the participants how live a life of service, putting the greater inter- of the Redbird Education and Scholarship much she values them. She makes sure that ests of the community before one’s own. Fund at Illinois State University, past-chairman ill Foster Grandparents are taken care of, Mr. Speaker, I ask my colleagues to join me of the McLean County American Heart Asso- helping however she can. She often helps with in paying special tribute to Barbara Blackford. ciation, past-director of the Bloomington Occu- shopping and getting medications. Our communities are served well by having pational Development Center, past-director of Running the Foster Grandparent Program is such honorable and giving citizens, like Bar- the United Campus Christian Church Founda- not all Ms. Harris does for her community. She bara, who care about their well being and sta- tion; past ruling elder of the First United Pres- also manages the St. Gerard Thrift Store in bility. We wish Barbara, her husband, Lloyd, byterian Church, past director of the Illinois Somerville and worked to make the holiday and their family all the best as we pay tribute Wesleyan University Association, and past di- season more pleasant for families in need. to one of our State’s finest citizens. rector of the Illinois Restaurant Association. She worked with the Christ Child Society to f Along with his cherished wife, Rose Stadel, purchase over 100 jackets for children. She Joe Warner was a loving and devoted father also helped to put together food baskets for TRIBUTE TO JOE WARNER to his children Jeff, and Jennifer. His son is a needy families and distributed Christmas toys. pilot and introduced him to flying, which be- A lifelong resident of Cambridge and Som- HON. JOHN SHIMKUS came his passion. erville, Mary Harris is a true credit to her com- OF ILLINOIS The memory of Joe Warner will continue munity and to the 8th District. Her work has IN THE HOUSE OF REPRESENTATIVES through his numerous contributions to his improved the lives of both young and old. Her community. On July 22, Illinois lost a re- dedication is worthy of praise and her works of Wednesday, February 5, 2003 spected and admired friend. He will be heartfelt appreciation. People like Ms. Harris Mr. SHIMKUS. Mr. Speaker, I rise today to missed. On behalf of my colleagues, I salute are examples to others and proof that one pay tribute to the life of Joe Warner, who trag- the rich legacy and the spirit of Joe Warner.

VerDate Jan 31 2003 02:12 Feb 07, 2003 Jkt 019060 PO 00000 Frm 00005 Fmt 0626 Sfmt 0634 E:\CR\FM\A05FE8.039 E06PT1 E144 CONGRESSIONAL RECORD — Extensions of Remarks February 6, 2003 IN HONOR OF THE CLEVELAND resources to undertake economic development HONORING THE 75TH ANNIVER- CHAPTER OF THE WORLD FED- initiatives and provide job training and other SARY OF THE DEDICATION OF ERATION OF HUNGARIAN VET- vital social services. THE NILES LIBRARY ERANS Mr. LOBIONDO and I have worked hard over the last several years to secure funding for the HON. FORTNEY PETE STARK HON. DENNIS J. KUCINICH communities across the nation that were des- OF CALIFORNIA OF OHIO ignated as Round II Empowerment Zones and IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES Enterprise Communities. We both know first Wednesday, February 5, 2003 hand the successes of the EZ/EC program, Wednesday, February 5, 2003 and we will continue to work together in a bi- Mr. STARK. Mr. Speaker, I rise today to pay Mr. KUCINICH. Mr. Speaker, I rise today in partisan manner to ensure that these commu- tribute to the historic Niles Library, located in honor and recognition of the Cleveland Chap- nities are allocated the resources they need to Fremont, California, on its 75th anniversary. ter of the World Federation of Hungarian Vet- bring economic opportunity to all Americans. Although the library as we know it today was officially dedicated in 1928, the first Niles erans, on the occasion of their 50th Annual f Charity Ball. Library actually opened its doors 38 years ear- U.S. veterans of Hungarian heritage found- A SPECIAL TRIBUTE TO CHARLES lier in the back of Mr. Dickey’s general store. ed the organization in 1946, just after WWII. A L. DODGE FOR HIS DEDICATED In 1900, the growing book collection became Cleveland Chapter was formed in 1951, with SERVICE TO THE CITY OF incorporated as the Niles Free Public Library objectives mirroring those of the national orga- FOSTORIA Association and was given a permanent home nization—to promote patriotism, and to honor in Niles’ former Southern Pacific Railway sta- and keep alive the memories of those who HON. PAUL E. GILLMOR tion. In 1927, Mr. and Mrs. William H. Ford do- suffered and gave their lives to preserve our OF OHIO nated $30,000 to construct a new building for freedoms and democratic ideals. IN THE HOUSE OF REPRESENTATIVES the library. On January 14, 1928, the library Additionally, the Cleveland Chapter has fo- Wednesday, February 5, 2003 cused on the preservation of the Hungarian was dedicated in honor of Mrs. Ford’s mother, culture, customs and history for the younger Mr. GILLMOR. Mr. Speaker, it is with great Jane R. Clough. Future Supreme Court Chief members of our community, and for genera- pride that I rise today to pay special tribute to Justice Earl Warren, who was then Alameda tions to come. Moreover, the membership has an outstanding gentleman from Ohio. Charles County District Attorney, was present at the consistently demonstrated a willingness to L. Dodge began his employment with the City dedication. In 1936, the Niles Free Public Li- lend a helping hand. Over the years, the of Fostoria on October 21, 1974, as a laborer brary Association transferred ownership of the Cleveland Chapter of the World Federation of in the water distribution facility. He served Jane R. Clough Memorial Library to the Ala- Hungarian Veterans has assisted other mem- under the leadership of Mayor Ken Beier and meda County Library system. bers and their families with moral and financial was appointed Superintendent of Utilities on In recent years, the library’s collection has support whenever needed. January 1, 1980. grown, but it remains a small and friendly Mr. Speaker and Colleagues, please join me Charles’ career with the City of Fostoria neighborhood library. Today, the library’s col- in tribute and recognition of the Cleveland grew rapidly. He was a very dedicated, knowl- lection boasts over 11,000 items, including Chapter of the World Federation of Hungarian edgeable employee who aspired to do his books, magazines, newspapers, videos, CDs, Veterans as they celebrate their culture once best, no matter what was asked of him. Under audiocassettes, and several important pieces again at the 50th Annual Charity Ball. Today the leadership of Mayor James Bailey, Charlie of artwork. In 1970, John E. Kimber donated we honor the significant sacrifices each of you was named to the position of Assistant to the Poppy Nymph, a statue by renowned Cali- has made to preserve our freedoms, and we Mayor on June 1, 1996. fornia artist Jo Mora. For the library’s 50th an- also pay tribute to your organization for pre- Mr. Speaker, Charlie’s position advanced niversary, the Fremont Friends of the Library serving the rich fabric of Hungarian culture once again because of his experience and commissioned Fremont artist Hal Booth to cre- and tradition within our community. knowledge. He was named the Compliance, ate a commemorative painting, which is still on display at the library. f Records, Economic Development & Infrastruc- ture Administrator, thus working with managed This year marks the 75th anniversary of the INTRODUCTION OF THE ROUND II compliance issues, i.e. OSHA, EPA, ADA, En- historic library’s dedication. A ceremony fea- EZ/EC FLEXIBILITY ACT terprise Zone Manager, State Issue II (infra- turing a speech by California State Librarian structure) and Project Manager. Kevin Starr and entertainment from Niles Ele- HON. MICHAEL E. CAPUANO During his employment with the City of Fos- mentary School students will be held on Feb- ruary 8, 2003 in celebration of this significant OF MASSACHUSETTS toria, Charles also had a very dedicated mili- milestone. IN THE HOUSE OF REPRESENTATIVES tary career with the United States Army. Mr. Dodge served in the Army from 1970–1973 in f Wednesday, February 5, 2003 the Clerk General Course, taking him to the TRIBUTE TO DUANE NOLAND Mr. CAPUANO. Mr. Speaker, I rise in sup- Republic of Vietnam and many other areas. port of the Round II EZ/EC Flexibility Act of His military career ended in 1993; he retired 2003, bipartisan legislation I introduced today as the First Sergeant in his Army National HON. JOHN SHIMKUS with my colleague from New Jersey, Mr. Guard Medical Corps unit. OF ILLINOIS LOBIONDO. Charles L. Dodge is a devoted father of IN THE HOUSE OF REPRESENTATIVES The bill we introduced makes a number of three children: Laura, Kevin and Matthew. A Wednesday, February 5, 2003 small changes to the EZ/EC program that will man committed to his country and community; Mr. SHIMKUS. Mr. Speaker, I rise today to provide these communities with greater flexi- Charlie was an outstanding employee and honor Senator N. Duane Noland. He has bility in administering their economic develop- contributor to the City of Fostoria. served in the Illinois General Assembly since ment plans. Specifically, the bill authorizes Mr. Speaker, Charles Dodge will leave big 1990, serving eight years in the House of $100 million in appropriations for each of the shoes to fill as he enters into retirement. His Representatives and four years in the Senate. fifteen urban Empowerment Zones, $40 million wisdom, honesty and forthrightness are at- He served with distinction and honor in both for each of the five rural Empowerment Zones, tributes to which all public servants should as- chambers, most recently being selected as and $3 million for each of the twenty rural En- pire. He has set an example for everyone on Assistant Majority Leader in the Senate. terprise Communities. how to live a life of service, putting the greater He graduated from Blue Mound public The legislation also ensures that Empower- interests of the community before one’s own. schools and the University of Illinois where he ment Zones and Enterprise Communities that Mr. Speaker, I ask my colleagues to join me earned a Bachelor of Science degree in Agri- apply for one of the new Renewal Community in paying special tribute to Charles L. Dodge. culture Education/Economics. designations will continue to receive the EZ/ Our communities are served well by having In his non-legislative life, Senator Noland EC funding they were promised in 1999. Fi- such honorable and giving citizens, like Char- spends many hours helping farm his family’s nally, the bill allows these communities to use lie, who care about their well being and sta- seventh generation centennial farm. their funding as the local match for receiving bility. We wish Charles, his wife, Deborah, and Senator Noland also works as assistant vice grants from other federal programs. This will their family all the best as we pay tribute to president/marketing specialist with Hickory help EZ/EC communities leverage additional one of our state’s finest citizens. Point Bank & Trust in Decatur.

VerDate Jan 31 2003 02:12 Feb 07, 2003 Jkt 019060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A05FE8.043 E06PT1 February 6, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E145 Senator Noland has worked to ensure state President’s proposal will ensure short-term sity Economist Harvey Rosen stated in a government lives within its means, promote a and long-term growth for small business and May 2001 report to the SBA, ‘‘Taxes matter. strong agricultural economy while balancing ensure sustained growth for our economy. As tax rates go up, entrepreneurial enter- prises grow at a slower rate, they buy less the needs of rural and urban residents, and The Administrator’s statement was so com- capital, and they are less likely to hire preserve quality of life through safe schools pelling that I wish to share it with my col- workers.’’ legislation, tough anti-crime measures and leagues. Additionally, a proposed 200% increase in bills to help senior citizens remain inde- STATEMENT OF HECTOR V. BARRETO, ADMINIS- year one expensing deduction for new invest- pendent. TRATOR U.S. SMALL BUSINESS ADMINISTRA- ments—‘‘Section 179 expensing’’—would en- He has helped pass such significant legisla- TION courage small business owners to purchase tion for our rural communities as the ban on Good Morning, Chairman Manzullo and dis- the technology, machinery and—other cap- MTBE, the establishment of drummer silty clay tinguished Members of the Committee. I am ital equipment they need to expand. The loam as our state soil, the AgriFIRST value- pleased to be here this morning to partici- amount of investments that may be imme- pate with all of you in this roundtable dis- diately deducted—beginning in 2003—by added agriculture incentives, and Route 51 ex- cussion on the small business provisions of small businesses would increase from $25,000 pansion. the President’’s economic growth package. to $75,000. This new amount is permanent He is a board member for the American It’s good to be among so many friends who and indexed to inflation. Red Cross, a former board member of the Illi- share the President’s views on these impor- Expanding the eligible write-offs for small nois Farm Bureau, the Illinois Corn Growers tant changes. business investments has strong support in Association, and the Lincoln Trails Council of Small businesses are the backbone of our the small business community. All White the Boy Scouts of America, and a member of economy—they employ more than half the House Conferences on Small Business have the Millikin University Board of Trustees. private work force, generate about 50% of recommended increases in direct expensing. the nation’s gross domestic product, and cre- Moreover, SBA’s Office of Advocacy has long He has been honored by numerous organi- ate two-thirds to three-fourths of the net supported proposals to increase such write- zations including the Illinois Health Care Asso- new jobs. And research shows that the vast offs and testified in support of this change ciation, Baby Talk, Illinois Farm Bureau, majority of these new jobs are established in before the Senate Finance Committee in ABATE, Jaycees, Chamber of Commerce for the first two years of the business. Small March of 2001. Decatur and Macon County, and the American business entrepreneurs are key to our eco- From an economic development perspec- Soybean Association. nomic vitality, and the President’s plan of- tive, this is more than a simple tax code Senator Noland was born and raised in Blue fers specific relief and the opportunity for change. There have been several studies that them to grow and create more jobs for Amer- have found links between taxation and in- Mound, Illinois where he met his wife, Tina ican workers. Beckett Noland, and where they now raise vestment. A 1998 Bureau of Economic Re- This roundtable is a perfect way to talk search paper concluded that marginal tax their sons Grant and Blake. about the President’s plan and narrow in on rate changes significantly change invest- N. Duane Noland will be sorely missed and making sure government policy helps small ment spending patterns. The study suggested we wish him all the best in his future endeav- business. This format is one that the Presi- that tax rate changes would alter the cost of ors. dent personally believes in. I have been with capital for new investment decisions, and the President quite a few times over the past that the lower tax rates would make more f year at roundtables where the President so- projects viable. And by making this change licits feedback and support from the small SMALL BUSINESS AND THE PRESI- permanent and predictable for small busi- employer community. From the economic DENT’S ECONOMIC GROWTH nesses, it will yield greater results as capital summit in Waco, TX, to Louisville, KY, to spending patterns rise from year to year. PACKAGE St. Louis, MO, to Alexandria, VA—the Presi- According to SBA’s Office of Advocacy, dent’s purpose is clear—to hear from the em- there are over 22 million small businesses in ployer community about what will work best the United States. [Note that of these about HON. DONALD A. MANZULLO for this country. 16 million have no employees.] OF ILLINOIS The President has called on Congress to If, with the President’s plan, on average, IN THE HOUSE OF REPRESENTATIVES act swiftly to pass his economic growth package. Your voice will be critical to this they increased their equipment purchases by Wednesday, February 5, 2003 effort and we thank you for your commit- only $10,000, almost $230 billion would be pumped into the economy annually, creating Mr. MANZULLO. Mr. Speaker, yesterday the ment and active participation in these delib- erations. jobs and expanding the tax base. As the House Small Business Committee held a President stated in his recent visit with me roundtable with sixteen small business owners Through a combination of income tax rate reductions, an increase in allowable deduc- to a flag manufacturing company in Alexan- and representatives on the President’s Eco- tions for expenses and the permanent repeal dria, VA, ‘‘this is a plan that says if you’re nomic Growth Package. The small business of the estate tax, American small business willing to take risk and invest more, that groups were unanimous in their support for owners and their families will get to keep there’s a benefit for doing so. It’s an incen- the small business provisions of the Presi- more of what they earn. The President has tive for small business to increase.’’ dent’s proposal. pointed out that under his plan, ‘‘a family of The President has also proposed the per- four with an income of $40,000 will receive a manent repeal of the estate tax so small Specifically, the small business groups cited business owners will no longer be faced with the acceleration of the tax rate reductions en- 96 percent reduction in federal income taxes.’’ the prospect of leaving their family an insur- acted as part of the Economic Growth and That’s nearly a complete elimination of mountable tax bill along with the family Tax Relief Reconciliation Act of 2001 and the that family’s federal income tax burden and business—and the difficult decision of wheth- expansion of the small business expensing translates to more disposable income to be er or not to sell the business to pay the tax. provisions for new investment as vital. Accord- invested, saved or spent. Instead of forcing their heirs to sell the busi- ing to the participants, the President’s pro- For small business owners, many of whom ness to pay the government, the repeal will posal would enable them to purchase more are subject to personal income tax rates on provide certainty for family-owned small businesses that want to transfer the business equipment immediately. In addition, the capital their business, the reduction in rates will to the next generation of entrepreneurs. freed up by the acceleration of the tax rate re- mean an increase in capital to expand their And finally, the President’s plan to abolish ductions would permit the vast majority of business, hire new workers and provide new or improved products. As proposed, the re- the double tax on dividends will help busi- small businesses to reinvest that money into duction in the top marginal rate scheduled nesses to grow and create jobs by reducing their businesses. to take effect in 2006 (to 35 percent) would the cost of capital. Most dividends received At the roundtable, we were honored to have take place retroactively in 2003, resulting in by shareholders will be tax free. Small busi- the Honorable Hector V. Barreto, Administrator tax cuts averaging $2,042 for some 23 million nesses that retain corporate earnings will of the U.S. Small Business Administration, small business owners. These hardworking not face capital gains taxes on the increase present the President’s Economic Growth entrepreneurs would receive 79 percent in the value of the firm from retained earn- ings that could have been distributed as divi- Package. In my opinion, Administrator (about $10.4 billion) of the $13.3 billion in tax relief from accelerating the reduction in the dends. This will benefit the owners of 2 mil- Barreto’s statement was an exemplary testa- top tax bracket. Since small business owners lion ‘‘C’’ corporations, including many small ment on the state of small business in our are so closely tied to the personal tax rates, corporations. economy today and a compelling account of lowering individual marginal rates will have Our President and Administration are why small businesses need economic growth a positive affect on the ability of many en- strongly committed to helping small busi- assistance. Small business creates jobs. The trepreneurs to expand. As Princeton Univer- ness by removing or reducing barriers that

VerDate Jan 31 2003 02:12 Feb 07, 2003 Jkt 019060 PO 00000 Frm 00007 Fmt 0626 Sfmt 0634 E:\CR\FM\A05FE8.047 E06PT1 E146 CONGRESSIONAL RECORD — Extensions of Remarks February 6, 2003 stand in the way of faster economic growth. offered on January 28, 2002, had I been about the life of Julian Francis DePree, Jr. Besides the significant changes outlined in present I would have voted in favor of the mo- (Jeff) who died suddenly over the weekend the plan, let me take this opportunity to tion to table the appeal of the ruling of the from natural causes. He proudly served his mention a couple of other items the Presi- country, was a successful and ethical busi- dent talks about in his agenda for small chair. business—streamlining small business regu- On rollcall 16, with regard to H.J. Res. 13, nessman, a loyal husband, and a devoted fa- lations and the need for tort reform to cur- Making further continuing appropriations for ther. tail frivolous lawsuits. the fiscal year 2003, and for other purposes, Jeff DePree, in the eyes of his family and We know that small businesses are hardest offered on January 28, 2002, had I been friends, had a ‘‘larger than life’’ personality, hit by regulations. Firms employing fewer present I would have voted for the motion to but, first and foremost, he was a caring father than 20 employees face an annual regulatory recommit with instructions. to his four children and a devoted husband to burden of $6,975 per worker—60 percent more On rollcall 17, with regard to H.J. Res. 2, his wife Joan. Jeff was born on March 9, than a firm employing 500 or more people. Making further continuing appropriations for 1944, in Mt. Kisco, New York. He later grad- And tax compliance costs are twice as bur- densome on small businesses compared with the fiscal year 2003, and for other purposes, uated from Trinity College in Hartford, Con- their larger counterparts. The Federal gov- offered on January 29, 2002, had I been necticut, and received his Masters degree ernment has a new web site— present I would have voted for the motion to from Columbia University in New York City. www.regulations.gov that makes it easier to instruct conferees. Jeff served his country in Vietnam as an In- participate in Federal rulemaking. Small f telligence Officer in the 199th Infantry Brigade. businesses can review and submit comments He survived two tours of duty and was award- on proposed regulations that are published in IN HONOR OF THE SISTERS OF ed two Bronze Stars for his service as well as the Federal Register. Americans spend near- THE HOLY SPIRIT an Air Medal. Jeff was also an avid sportsman ly a trillion dollars a year complying with and conservationist enjoying golf, boating, state and federal regulations, so having this website provides an opportunity to hear from HON. DENNIS J. KUCINICH fishing, and racquet sports, a love for which those unfairly burdened. OF OHIO he passed onto his children. Tomorrow, I will be testifying before the IN THE HOUSE OF REPRESENTATIVES Jeff was also a keen businessman. He was Senate Committee on Small Business and Wednesday, February 5, 2003 co-founder of a financial services company Entrepreneurship on another Administration that specialized in leasing and equity financing priority—the need for Congress to pass Asso- Mr. KUCINICH. Mr. Speaker, I rise today in for major industrial projects. He became an in- ciation Health Plan (AHP) legislation to help honor and recognition of the Sisters of the dustry leader among structured finance spe- small business have access to affordable Holy Spirit, as they celebrate their 70th anni- cialists and advised many of the nations larg- health care for their employees. Another versary in holy ministry and service to others. est finance companies on their investments. issue that the community has been very pro- Founded in 1932 by Mother Josephine active in pursuing. Jeff was very active in local community affairs, Finatowicz, the Sisters of the Holy Spirit having served on the Lake Forest Hospital Taken together, these changes send a began their legacy of caring for our most vul- strong signal that this Administration un- Board, as well as the City’s Cemetery Com- derstands that our economy can thrive only nerable citizens in two humble homes. Within mission. if our small businesses thrive. As the econ- those walls, the Sisters lovingly cared for the Most of all, Jeff brought great fun to every- omy continues to trend upward, America’s parentless children of our community. Later, one. He was an excellent storyteller, singer, small businesses can be counted on to con- the Catholic Diocese of Cleveland approached guitar player and dancer. When in the com- tinue to provide strength, resilience and op- the Sisters with a request to provide a home pany of Jeff, his engaging and entertaining timism. Thanks to the President’s aggressive for older adults who could not afford adequate personality was infectious. Jeff was indicative agenda, small business owners can count on housing. an environment in which their efforts will be of thousands of Americans who quietly go This vision was the dream of Monsignor Gil- about their daily lives contributing to the great- encouraged and their success will be sus- bert Jennings, who left his specific request on tained. ness of our nation through their personal char- Thank you again for including me in to- the pages of his last will and testament. After acter and conduct. day’s discussion, and I look forward to work- his death, the Sisters agreed to fulfill his vision Jeff’s passing is an immense loss to his ing with you in the months ahead to achieve of the creation of a caring home for seniors. family and his community. His life was cut passage of the President’s economic growth The 13 dedicated women of the Sisters of the short, but I am certain his children will carry plan. Holy Spirit moved from their Cleveland neigh- on his legacy in a way that would make their f borhood to their new convent built on the roll- father very proud. I offer my condolences to ing farmland of Granger Road in Garfield PERSONAL EXPLANATION his wife Joan, and his children Katie (Jess), Heights. Austin, Randy, Spencer and his grandson, HON. HEATHER WILSON The Jennings Center for Older adults has William. May they take comfort in knowing evolved from a single story wood frame build- they have been blessed to have had such a OF NEW MEXICO ing to an extensive senior housing campus. wonderful person in their lives. He will be IN THE HOUSE OF REPRESENTATIVES From the beginning, the Sisters ran everything greatly missed. from the cooking to the nursing, to the admin- Wednesday, February 5, 2003 f istrative work. As in years past, the Sisters of Mrs. WILSON of New Mexico. Mr. Speaker, the Holy Spirit continue to heal the hearts and TRIBUTE TO WILLIAM L. ‘‘BILL’’ I rise today to submit for the RECORD how I souls of the residents of the Jennings Center. O’DANIEL would have voted on those measures from the Mr. Speaker and Colleagues, please join me week of January 27, 2003. I was in Albu- in honor of the Sisters of the Holy Spirit. Their HON. JOHN SHIMKUS querque, NM, last week as a family member commitment, kindness and caring for our chil- underwent surgery and unable to make it to OF ILLINOIS dren and our elderly have served to lift the IN THE HOUSE OF REPRESENTATIVES Washington, DC. spirits of countless individuals, families, and On rollcall 13, with regard to H.J. Res. 26, Wednesday, February 5, 2003 our entire community. We are blessed to have Honoring the contributions of Catholic schools, these angels—the Sisters of the Holy Spirit, Mr. SHIMKUS. Mr. Speaker, I rise today to offered on January 27, 2002, had I been bringing us light and hope, and asking nothing honor William L. ‘‘Bill’’ O’Daniel of Mt. Vernon present I would have voted in favor of the mo- in return. was appointed to the Illinois Senate in 1985 tion to suspend the rules and pass the bill. and was elected by an overwhelming margin f On rollcall 14, with regard to H.J. Res. 25, in 1986 and has served this body with distinc- Supporting efforts to promote greater aware- IN REMEMBRANCE OF JULIAN tion throughout his eighteen years as a mem- ness of the need for youth mentors and in- FRANCIS DEPREE, JR. ber. creased involvement with youth through men- During his five terms in the Senate, Senator toring, offered on January 27, 2002, had I HON. MARK STEVEN KIRK O’Daniel, served as chairman of the Senate been present I would have voted in favor of OF ILLINOIS Agriculture and Conservation Committee, as the motion to suspend the rules and pass the IN THE HOUSE OF REPRESENTATIVES Democratic Caucus Chair, and most recently bill. as Democratic spokesperson of the Senate On rollcall 15, with regard to H.J. Res. 13, Wednesday, February 5, 2003 Agriculture and Conservation Committee. , Making further continuing appropriations for Mr. KIRK. Mr. Speaker, it is with great sad- Senator O’Daniel has also served on the the fiscal year 2003, and for other purposes, ness that I rise today to say a few words Committees on Appropriations I, Elections and

VerDate Jan 31 2003 02:12 Feb 07, 2003 Jkt 019060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A05FE8.049 E06PT1 February 6, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E147 Reapportionment, Revenue, Transportation, George was a life-long resident of Wash- HONORING THE VIETNAMESE NEW and State Government Operations, the Joint ington, D.C. and graduated from Armstrong YEAR: TET, 2003 Committee on Administrative Rules, the Illinois High School in 1947. He was also very active Forestry Development Council, the Swine Dis- in his church. HON. DENNIS J. KUCINICH ease Control Advisory Committee, the Agricul- Over the years, George developed a love of OF OHIO tural Export Advisory Committee, the Inter- trains and spent a great deal of time with his IN THE HOUSE OF REPRESENTATIVES agency Rail Passenger Advisory Council, and grandchildren sharing that love and interest. Wednesday, February 5, 2003 the Board of State Fair Advisors. He also was very interested in the new con- Mr. KUCINICH. Mr. Speaker, I rise today in Senator O’Daniel has amassed numerous vention center being built downtown. He would legislative accomplishments which have en- recognition of the Vietnamese New Year: Tet, spend a great deal of time downtown observ- 2003—Year of the Goat. In celebration of the hanced the quality of life for the people of his ing the progress of the convention center. In southern Illinois district and all of the people of new year, the Vietnamese Community in fact, many of the workers at the site got to- Greater Cleveland, Inc., will gather at St. Hel- the State of Illinois, including State sales tax gether and gave George his own hard hat. exemptions for farm machinery and oil field ena Catholic Church to rejoice with family and George passed away on June 8, 2002. He equipment, creating tax increment financing friends and enjoy Vietnamese culture and per- was a great American who loved his family and enterprise zone designations to spur job formances. and Country very much. Mr. Speaker, this creation and economic development, pro- The Tet celebration will include recognition Country would be a much better place if there moting sustainable agriculture and ethanol as of volunteer leaders, Vietnamese food, and were more people here like George Dodson. an alternative energy source, and enacting dancing and entertainment by the Vietnamese tough penalties against persons who sell youth of Cleveland. As Tet is the time of year f drugs on or near the grounds of places of wor- to pay homage to ancestors, visit with friends and family, and celebrate, it is with great ship. HONORING DRUG FREE WEEK honor that I pay tribute to the Vietnamese Senator O’Daniel built a solid reputation as ESSAY WINNER one of Illinois’ foremost authorities on agricul- Community of Greater Cleveland. tural issues, he was appointed in 1977 by This year marks the 27th year of the Viet- President Jimmy Carter to serve as state ex- HON. RALPH M. HALL namese Community in Greater Cleveland’s outstanding service to the Vietnamese com- ecutive director of the Agricultural Stabilization OF TEXAS munity in my hometown of Cleveland, Ohio. and Conservation Service of the U.S. Depart- IN THE HOUSE OF REPRESENTATIVES ment of Agriculture. Vietnamese heritage has long been important Prior to his appointment by President Wednesday, February 5, 2003 to Cleveland, and the Vietnamese Community in Greater Cleveland has played a vital role in Carter, Senator O’Daniel served as a member Mr. HALL of Texas. Mr. Speaker, I rise of the Illinois House from 1974–77. ensuring that important cultural traditions con- today to recognize a special student from tinue to be embraced. As a longtime farmer and businessman, a Gladewater, TX, Brittany Linder, who was a decorated World War II veteran and devoted Mr. Speaker, I would also like to take this grand prize winner in the Red Ribbon Week ‘‘I opportunity to honor and thank Le Nguyen, family man, Senator O’Daniel brought to the am drug-free because . . .’’ essay contest Senate a common sense, bi-partisan approach President of the Vietnamese Community in sponsored last fall by the city of Longview Greater Cleveland, for coordinating this won- to the business of the body that shall be re- Partners in Prevention. Brittany represents membered fondly by those who served with derful evening of festivities. I would also like to Weldon Intermediate school in the Gladewater honor the members of the Vietnamese Com- him. independent school district and is a fourth- We offer our best wishes to Senator William munity in Greater Cleveland for their dedica- grade student of Mrs. Cathy Bedair. She is the L. ‘‘Bill’’ O’Daniel upon his retirement from the tion to the Cleveland area. daughter of John and Blane Linder and the Senate; we offer hope for a rewarding future Best wishes to all celebrating the Viet- granddaughter of my longtime friend, Carolyn with his wife, Norma, their five children and namese Lunar New Year: Tet, 2003—Year of Linder. eight grandchildren, and one great-grand child. the Goat. I wish everyone a joyous and pros- According to the White House Office of Na- f perous new year. tional Drug Control Policy, although recent f TRIBUTE TO GEORGE DODSON trends in youth drug use have stabilized, the rates of use remain at high levels. Youth sub- TRIBUTE TO REAR ADMIRAL JOHN HON. JOHN J. DUNCAN, JR. stance abuse, as we know, can lead to many P. DAVIS OF TENNESSEE other problems, including the development of IN THE HOUSE OF REPRESENTATIVES delinquent behavior, anti-social attitudes and HON. TIMOTHY H. BISHOP OF NEW YORK Wednesday, February 5, 2003 numerous health risks. These problems not only impact the child but also the child’s fam- IN THE HOUSE OF REPRESENTATIVES Mr. DUNCAN. Mr. Speaker, I rise to pay ily, friends, community and ultimately society Wednesday, February 5, 2003 tribute to George Dodson, a good friend and as a whole. beloved retired Capitol Police officer, who Mr. BISHOP of New York. Mr. Speaker, I Brittany speaks to this issue in her essay: ‘‘I passed away last summer. rise today to recognize and honor Rear Admi- am drug free because if I take drugs, I would George was one of the finest men I ever ral (Upper Half) John P. Davis, a native of not be able to realize my dreams. I would not knew. He was on the Capitol Police force for Shelter Island, New York, who will retire from be able to be a good teacher, or mother. If I over 30 years. Most of that time he worked as the U.S. Navy on February 1, 2003 after 35 take drugs, I would hurt valuable brain cells a plain-clothed detective. He was known all years of distinguished service to the U.S. and when I found my dreams, I would not be over the Capitol because of his profes- Navy and to our nation. able to do it.’’ sionalism, courtesy and friendliness. He later Rear Admiral Davis is well known to many went on to help organize the Retired Capitol The essay entries from area fourth-graders members of this body. He has been the Pro- Police Officers Association. were judged by LeTourneau University stu- gram Executive Officer for Submarines since George was close friends with many Mem- dents. Throughout our Nation, dedicated 1997. In 1998 he also becomes the Deputy bers, including Bill Natcher of Kentucky and teachers, parents, clergy, law enforcement of- Commander, Submarines, helping launch Speaker Jim Wright. He was always friendly to ficers, healthcare providers, local government Team Submarine, an innovative organizational all Members and the many visitors who trav- officials and community volunteers are in- structure that unified many submarine-related eled to the Capitol each year. volved in various drug-prevention programs acquisition and life cycle support entities into George spent many years in the military that raise awareness among our young people a single ‘‘submarine-centric’’ organization. The prior to joining the Capitol Police force. He of the dangers of drug use. Beginning these Team Submarine concept of operations is spent three years in the Air Force and five programs at a young age is one key to their dedicated to eliminating the traditional ‘‘stove- years in the Air National Guard. He was hon- success, and I commend programs such as pipe’’ structures and processes that create im- orably discharged in 1967 at the rank of Mas- the Red Ribbon Week that seek to instruct pediments and inefficiencies in submarine re- ter Sergeant. and involve our young people in this issue. search, development and acquisition, ensuring George Dodson was a family man. He was Mr. Speaker, I want to congratulate Brittany that the operational needs of the fleet are met, married to his beloved wife Pat and enjoyed on her winning essay and commend her for today and in the decades to come, in an effec- spending time with her whenever possible. taking a strong stand against the use of drugs. tive and affordable way.

VerDate Jan 31 2003 02:12 Feb 07, 2003 Jkt 019060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A05FE8.053 E06PT1 E148 CONGRESSIONAL RECORD — Extensions of Remarks February 6, 2003 Under Admiral Davis’ watch, Team Sub- his wife Nancy and his daughters Kate and erty management company anywhere in the marine has delivered two Seawolf class sub- Tricia for their loyalty and support, which are country. The bill would make it a federal crime marines and redesigned a third to expand its so necessary in the life of a career naval offi- to discriminate in rentals to members of the mission capabilities; started construction of cer. armed forces with a penalty of up to a year four Virginia class submarines; and brought Mr. Speaker, I know my colleagues join me imprisonment. the transformational SSGN program from con- in wishing Rear Admiral Davis ‘‘fair winds and The reason mentioned for requiring the affi- cept to full up-and-running program in two following seas’’ as he concludes a most hon- davit is to relieve landlords of the potential years time. He has also overseen the overhaul orable and distinguished career. need to seek court orders to evict military fam- of over one-third of our submarine fleet, and f ilies who may have defaulted on their rent. directed the modernization of submarine war- I have never before heard this concern fare systems with economical and easily TRIBUTE TO GARY WHYTE ON raised by a landlord. But the bottom line is upgradeable commercial-off-the-shelf (COTS)- BEHALF OF WHITNEY WELDON that discrimination against individuals or an based units. Additionally, Admiral Davis has entire class of people cannot be defended acted as an emissary to allied nations, most HON. STEVEN R. ROTHMAN under any circumstance. In New York City, notably Australia, and he has helped forge OF NEW JERSEY this practice is already outlawed under local strong relationships with friendly navies to en- IN THE HOUSE OF REPRESENTATIVES anti-discrimination laws. However, there re- mains a glaring absence in federal and state hance U.S. national security. Wednesday, February 5, 2003 Admiral Davis began his Navy career in law of the protections provided for in my bill, 1964 when he entered the U.S. Naval Acad- Mr. ROTHMAN. Mr. Speaker, I rise today on thus leaving members of the military in most emy. Upon his graduation from Annapolis in behalf of 10-year-old Whitney Weldon of of New York State and the rest of the country 1968, Admiral Davis entered the Naval Post- Westfield, New Jersey. Whitney is a wonder- vulnerable. graduate School, where he earned a Master of ful, happy, and active child who was diag- At this time of crisis in our country, in which Science degree in 1969. nosed in April 2001 with a disease called we are asking so much of our military, the Following nuclear power training, Admiral Fibrodysplasia Ossificans Progressiva (FOP). governing principle should be one of shared Davis held many critical assignments. He FOP is a rare genetic disorder in which sacrifice—and certainly not discrimination. served on the USS Pogy (SSN 647) and the bone forms in muscles, tendons, ligaments f USS Daniel Webster (SSBN 626). He also and other connective tissues forming a second TRIBUTE TO LAURA KENT served as the department head and post de- skeleton that immobilizes the joints of the DONAHUE partment head detailer in the Submarine Offi- body. With so few people afflicted by the dis- cer Assignment Office of the Bureau of Naval ease, there is little attention being paid to this Personnel. He subsequently returned to sea illness. HON. JOHN SHIMKUS duty as Executive Officer of the USS Memphis For the past fifteen months, Gary Whyte, of OF ILLINOIS (SSN 691) and later, as Commanding Officer Mountainside, New Jersey, has been going IN THE HOUSE OF REPRESENTATIVES of the USS Jacksonville (SSN 699), which de- non-stop, doing everything he can, to raise Wednesday, February 5, 2003 awareness and help spread news about FOP ployed to the Atlantic, Mediterranean, and In- Mr. SHIMKUS. Mr. Speaker, I rise today to through countless efforts speaking before dian Oceans. He went on to serve as Deputy honor Laura Kent Donahue who has dedicated clubs, churches, synagogues and organiza- Commander of Submarine Squadron Six, dur- her life to serving the people of western Illi- tions and hosting events to raise money for ing which he also served as Commanding Of- nois. ficer of the USS Glendard P. Lipscomb (SSN the Weldon FOP Research Fund. Laura had the privilege of serving in the 685) for three months during a Mediterranean Mr. Speaker, I stand before you on behalf of same area her mother, Mary Lou Kent, rep- deployment. Whitney Weldon and the 200 other Americans resented. She began her legislative service in From 1989 to 1991, Admiral Davis served suffering from FOP to praise the efforts of the State Senate in 1981. as Head, Undersea, and Arctic Warfare these dedicated people who are staging a She was appointed an Assistant Majority Branch in the Office of the Chief of Naval Op- campaign to increase awareness of and find a Leader in the Illinois State Senate in 1997 erations. Following completion of the Program cure for a disease that few people know after serving as Majority Caucus Chairman for Managers Course at the Defense Systems about. Gary has shown that education about four years. Management College in 1991, he became the FOP is the first step toward working to get a As a lawmaker, Laura secured nearly $1 bil- Director of Advanced Submarine Research cure. Little by little, with more awareness lion for road and bridge improvements in her and Development. In September 1992, Admi- comes more action. district since 1981. ral Davis became Program Manager of the f Her dedication to improving the funding MK48 ADCAP Advanced Capability Torpedo process for downstate nursing homes and Program. In July 1996, Admiral Davis became INTRODUCTION OF LEGISLATION TO BAN HOUSING DISCRIMINA- hospitals has earned her numerous legislative Program Manager for the Undersea Weapons awards from the Illinois Association of Homes Program Office. TION AGAINST MEMBERS OF THE MILITARY for the Aging, the Illinois Hospital Association, Admiral Davis was selected to Flag rank in the Illinois Association of Rehabilitation Facili- 1996. In December 1996 he became the Di- ties and the Illinois Healthcare Association. rector, Submarine Technology at Naval Sea HON. CHARLES B. RANGEL She has devoted much of her time and en- Systems Command. In August 1997 he was OF NEW YORK ergy toward finding a resolution to the edu- assigned to his current post of Program Exec- IN THE HOUSE OF REPRESENTATIVES cation funding issue in Illinois. utive Office, Submarines. In October 1998 he Wednesday, February 5, 2003 Laura was instrumental in bringing a juve- assumed additional duties as Deputy Com- nile prison facility to Rushville, adult prison fa- mander, Submarines. Mr. RANGEL. Mr. Speaker, I rise to call to cilities to Mt. Sterling and Canton and work Admiral Davis was promoted to Rear Admi- the attention of my colleagues a bill I have in- camps to Clayton and Pittsfield. ral (Upper Half) in 1999. He has received nu- troduced today to prohibit discrimination in the She is a member of the Vermont Street merous military awards including the Legion of rental of housing to members of the armed Methodist Church in Quincy. Merit with two Gold Stars and the Meritorious forces. She is a member of the Daughters of the Service Medal with one Gold Star. It has been reported in the press that man- American Revolution, the Lincoln Club of Mr. Speaker, for 35 years the Department of agers of certain apartment properties in my Adams County and the PEO Chapter MK. the Navy, the Congress, and the American home state of New York have required renters She graduated with a bachelor’s degree people have been well served by this dedi- to sign an affidavit stating that they are not in from Stephens College in Columbia, Missouri. cated naval officer. Admiral Davis has been in- the military. This practice, aimed at members She is respected by her colleagues from strumental in ensuring that the U.S. submarine of the armed forces who might be called off to both political parties for her honesty and integ- force is, and will remain, the world’s most pre- war, is an outrageous form of discrimination, rity. eminent submarine force in the 21st Century. particularly at a time when young Americans Laura will be remembered as a Senator who Thus, he leaves an enduring legacy. are on their way overseas to defend our coun- took her responsibility as an advocate for her I am honored to rise today to express ap- try. district seriously. preciation to Admiral Davis for his outstanding This legislation is meant as a deterrent to Therefore we recognize Laura Kent service to the nation. I also want to recognize this kind of practice by any landlord or prop- Donahue for her accomplishments as she

VerDate Jan 31 2003 02:12 Feb 07, 2003 Jkt 019060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A05FE8.057 E06PT1 February 6, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E149 leaves the Illinois Senate and wish her suc- when it was located at 214 First Street. Al- pleted Roosevelt Dam—then the largest ma- cess in her future endeavors. though she was hired as a cook, she worked sonry dam in the world. f as a dishwasher when business was slow. For With new and dependable sources of water, close to twenty years, Gloria cooked break- farms flourished. Local towns and cities grew. IN HONOR AND REMEMBRANCE OF fast, lunch, and dinner for the numerous Mem- More dams were built. And, by the 1930s, LIBERA PILLA bers of Congress and guests of the Club. Dur- SRP with state enabling legislation entered ing this time, the majority of which was spent into the power business to ensure repayment HON. DENNIS J. KUCINICH in the Club’s second home at 75 C Street, she of its federal loan obligations. OF OHIO also supervised the kitchen, managed menus, Today, SRP ranks among the largest public IN THE HOUSE OF REPRESENTATIVES and handled orders. When the Club moved to power providers in the nation and an authority on water management. And, at the core of the Wednesday, February 5, 2003 its current location at 300 First Street in 1972, Gloria was promoted to Purchasing Manager company’s culture is the same durable spirit of Mr. KUCINICH. Mr. Speaker, I rise today in and took on responsibility for handling inven- community partnership and involvement that honor and remembrance of Libera Pilla—be- tory and vendor relations. was there a century ago. loved mother, grandmother, great-grand- Since a child in New York, Gloria has had Mr. Speaker, I offer best wishes to the Salt mother, and friend to many. the opportunity to meet innumerable celeb- River Project as it moves ahead in its second For forty-nine years, Mrs. Pilla was the de- rities through her involvement in the restaurant hundred years of service—a century certain to voted wife of George Pilla, who died in 1978. industry. And in the fifty years of her employ- bring many new benefits and progress. Together they raised their two sons, Bishop ment at Capitol Hill Club, she has met six f Anthony Pilla and Joe Pilla. As immigrants United States presidents, one dozen gov- FIREFIGHTING RESEARCH AND from Italy, Mr. and Mrs. Pilla understood the ernors, countless Congressmen and women, COORDINATION ACT importance of family, faith, and hard work. Al- and renown business leaders. She keeps a though they were not formally educated, Mr. scrapbook to remember her many friends. and Mrs. Pilla coveted the educational oppor- HON. DAVE CAMP Gloria has helped countless Members of OF MICHIGAN tunities for their sons, and ensured that they Congress who were far from home to feel at IN THE HOUSE OF REPRESENTATIVES both received an excellent education. More- home by cooking favorite meals or baking over, they instilled in their sons the value of birthday cakes. It is that type of personal at- Wednesday, February 5, 2003 service and compassion toward others—clear- tention and commitment to her job that makes Mr. CAMP. Mr. Speaker, I rise today to in- ly evidenced in their sons’ chosen vocations— Gloria a vital and welcomed part of the Capitol troduce the Firefighting Research and Coordi- Bishop Anthony Pilla’s vocation of spiritual Hill Club family. For fifty years, Gloria has nation Act. I am proud of this legislation for leader; and Joe Pilla’s commitment to public brightened the Club with her youthful vigor what it seeks to accomplish on behalf of our service in law enforcement. and soaring spirit. As a member of the Club, Nation’s firefighters. This bill has three primary Mrs. Pilla was the light, warmth and center I thank her for being a part of our extended objectives: support the development of vol- of the Pilla family. Mrs. Pilla was known for family and look forward to seeing her in the untary consensus standards for firefighting her deep sense of compassion and concern many years to come. equipment and technology, establish nation- for others, and she consistently reached out to f wide and State mutual aid systems for dealing others with grace, kindness and dignity. Mrs. with national emergencies, and authorize the Pilla took great pride and joy in caring for her BEST WISHES TO SALT RIVER National Fire Academy to train firefighters to family and friends, especially through her cul- PROJECT respond to acts of terrorism and other national inary talents. She delighted many with her emergencies. wonderful recipes from her Italian homeland, HON. JIM KOLBE In large part, the genesis of the Firefighting and enjoyed planning and preparing for family OF ARIZONA Research and Coordination Act came after the and friends during the holiday season. IN THE HOUSE OF REPRESENTATIVES September 11th attacks. After the tragic Mr. Speaker and Colleagues, please join me events of that day, fire departments through- Wednesday, February 5, 2003 in honor and remembrance of Libera Pilla—a out America began to grapple with new con- remarkable woman who, along with her dear Mr. KOLBE. Mr. Speaker, I would like to cerns over how to best train for and respond husband George, rose above the hardships of congratulate a venerable Arizona institution to terrorist acts. The needs of the fire service assimilating into American culture, sculpting a that celebrates this month its 100th anniver- continue to grow as new threats emerge. As wonderful life for herself and her family, filled sary as the nation’s oldest multi-purpose rec- a result, Congress has a responsibility to as- with love, warmth, encouragement and sup- lamation project. I speak of the Salt River sist and protect our firefighters. That is the port. Although Mrs. Pilla will be deeply missed, Project, an organization with nearly 800,000 goal of the Firefighting Research and Coordi- her life was joyously lived—and is a life worthy electric customers and responsibilities for sup- nation Act. of celebration. I offer my deepest condolences plying water to some 1.5 million people in the The first objective of the bill focuses on to Mrs. Pilla’s sons, Bishop Anthony Pilla and Phoenix metro area. equipment and technology standards. The bill Joe Pilla; to her grandchildren and great- While my own Congressional District 8 would allow the U.S. Fire Administrator, in grandchildren; and to her extended family and spans areas outside of SRP’s service territory, consultation with the National Institute of many friends. The light and love that Mrs. Pilla one cannot live long in Arizona without learn- Standards and Technology, the Inter-Agency so freely gave to others, especially to her fam- ing something of the history of this unique Board for Equipment Standardization and ily, will live on forever in the hearts of those public power and water utility. Founded on Inter-Operability, national voluntary consensus who knew and loved her well. February 7, 1903, SRP marked the formaliza- standards development organizations, inter- f tion of hopes for transforming a fierce desert ested Federal, State, and local agencies, and into a productive agricultural area. other interested parties to develop measure- HONORING GLORIA STRAIT FOR 50 Eight months earlier, the Reclamation Act of ment techniques and testing methodologies, YEARS OF SERVICE TO THE CAP- 1902 had been signed into law by President and support development of voluntary con- ITOL HILL CLUB Theodore Roosevelt. Critics maintained the sensus standards through national standards act would be a boondoggle, saddling the fed- development organizations, for evaluating the HON. JIM SAXTON eral government with useless burdens. But performance and compatibility of new fire OF NEW JERSEY Roosevelt and his supporters were optimists fighting technology. Examples of new tech- IN THE HOUSE OF REPRESENTATIVES and had faith in the American spirit of deter- nologies include: personal protection equip- mination. ment, devices for advance warning of extreme Wednesday, February 5, 2003 The fruits of their convictions were borne hazard, equipment for enhanced vision, and Mr. SAXTON. Mr. Speaker, I rise today to out. robotics and other remote-controlled devices, pay tribute to Gloria Strait for the fifty years of A federal reclamation loan was approved to among others. Equipment purchased under service, dedication, and loyalty she has given help SRP and central Arizona’s landowners the Assistance to Firefighters grant program to the Capitol Hill Club. build a great water storage system to supple- must meet or exceed voluntary consensus Gloria moved from Syracuse, New York to ment the area’s small and unreliable system of standards. Capitol Hill in 1952. She began her tenure at ditches and canals. By 1911, using horses, Establishing standards for firefighting equip- the Capitol Hill Club on February 5, 1953, hawsers and hand-tools, workers had com- ment and technologies will help safeguard the

VerDate Jan 31 2003 02:12 Feb 07, 2003 Jkt 019060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A05FE8.060 E06PT1 E150 CONGRESSIONAL RECORD — Extensions of Remarks February 6, 2003 lives of firefighters. At present, manufacturers firefighters gain vital education and training to amine, the regulation of reprocessing certain of emergency equipment can sell their prod- the benefit of the American public. The Acad- single-use surgical devices, more funds for the ucts with no government testing or certification emy’s courses are taught at a facility in Em- Spinal Cord Injury Paralysis Research Fund, requirements to ensure their product meets mitsburg, Maryland. Its online courses and co- and the requirement of coverage for the re- the needs of firefighters. A January 2003 Con- operation with local colleges and universities placement of child safety seats if those seats sumer Reports article, ‘‘Safeguards Lacking expand the reach of the Academy to thou- were in use at the time of an accident. for Emergency Equipment,’’ highlights the lack sands of firefighters across the Nation. Senator Bowles will long be remembered for of standards problem. The article reports With the Nation recovering from acts of ter- her commitment to the success of Illinois’ agri- ‘‘Firefighter organizations, which also rep- rorism, mammoth wildfires, and the possibility culture community; in an effort to find a ‘‘third resent most of the Nation’s emergency med- that other national emergencies may arise in crop’’ to insert into our traditional corn and ical technicians, say they worry that no law re- the future, America’s firefighters deserve noth- soybean rotation, she sponsored legislation di- quires fire departments to buy equipment cer- ing less than quality educational opportunities recting the University of Illinois to study the re- tified for use against chemical or biological and training to prepare for these, and other introduction of industrial hemp in Illinois, a agents.’’ In a September 10, 2002 story in types of disasters. We saw with the World once important crop in Illinois because of its The, Washington Post Arlington County, Vir- Trade Center that building collapse rescue is versatility. ginia Chief raised concerns about the lack of a critical component of a firefighters job. In a Senator Bowles was elected to five con- equipment standards, as well as the lack of December 1, 2001 article that appeared in secutive terms as the Madison County Clerk guidelines for training the workers charged Fire Chief magazine, a member of the Michi- and brought to the Senate knowledge and ex- with responding to future terrorist attacks. gan Urban Search and Rescue team stated pertise that was often called upon when ques- Plaugher stated, ‘‘Without clear goals, we risk that while the Federal government has spent tions arose concerning local government and undermining ourselves while wasting precious millions of dollars to train local first responders election laws in Illinois. It was in that office resources.’’ with weapons of mass destruction, little if any which I worked with her closely. Her countless The second objective of the bill addresses focus has been placed on building collapse appearances at the office counter gave con- mutual aid systems. The Firefighting Research rescue. ‘‘For some time now, I have advo- stituents a real glimpse of personal service by and Coordination Act directs the Administrator cated that every State should have a struc- their elected officials. In her dealings with me, of the U.S. Fire Administration, in consultation tural-collapse response that includes an Urban a member of the opposition party, she was al- with the Federal Emergency Management Search and Rescue (US &R) task force sys- ways professional, courteous, and determined Agency (FEMA) Director, to provide technical tem,’’ stated the Michigan firefighter. The fire- to place the best interests of the citizens first. assistance and training to State and local fire fighter went on to say that, ‘‘The FEMA US&R Senator Bowles served her nation as a service officials to establish nationwide and system does little to help with the initial re- member of the United States Coast Guard State mutual aid systems for responding to sponse to structural collapse incidents.’’ This Women’s Reserve Intelligence Division during national emergencies. The Administrator, in example offers another reason why the cur- the Second World War and is a member of consultation with the FEMA Director, will also, ricula at the National Fire Academy should be the American Legion Post #199 and The Aux- develop model mutual aid plans for both intra- expanded to include courses on building-col- iliary. She was also a former teacher. state and interstate assistance. An important lapse rescue and other strategies. We offer our best wishes to Senator Evelyn example of why model mutual aid systems are Mr. Speaker, my legislation enjoys wide Bowles upon her retirement from the Senate important to establish comes in part, as a re- support among many of this Nation’s fire and we offer her hope for a rewarding future. sponse to the September 11th attacks and to groups and bipartisan support here in the f wildfires that have raged in the west. House of Representatives. My colleague in the INTRODUCTION OF LEGISLATION On July 23, 2002, Titan Systems Corpora- Senate, Senator MCCAIN will introduce com- tion issued a report on behalf of the Arlington panion legislation today in the United States TO FACILITATE LAND EX- County, Virginia fire department. The report Senate. I am hopeful that this important bill CHANGES IN ARIZONA’S FIRST found that self-dispatching fire and emergency will be swiftly enacted in the 108th Congress. CONGRESSIONAL DISTRICT crews were favorable in some respects, but f were also detrimental. For example, the report HON. RICK RENZI states that the Arlington County fire depart- TRIBUTE TO EVELYN BOWLES OF ARIZONA ment ‘‘faced the monumental challenge of IN THE HOUSE OF REPRESENTATIVES gaining control of the resources already onsite HON. JOHN SHIMKUS Wednesday, February 5, 2003 and those arriving minute-by-minute.’’ The re- OF ILLINOIS port goes on to say that, ‘‘firefighters and IN THE HOUSE OF REPRESENTATIVES Mr. RENZI. Mr. Speaker, on behalf of Con- other personnel came and went from other gressman J.D. HAYWORTH and myself, I rise Wednesday, February 5, 2003 Pentagon entrances with little or no control. today to introduce legislation to facilitate two Thus, had there been a second attack, as oc- Mr. SHIMKUS. Mr. Speaker, I rise today to land exchanges in the Tonto and Coconino curred at the World Trade Center, it would honor Evelyn Bowles of Ewardsville who was National Forests in Arizona’s First Congres- have been virtually impossible for the Incident appointed to the Illinois State Senate in May sional District. Congressman J.D. HAYWORTH Commander to determine quickly who might of 1994 and was elected by an overwhelming sponsored similar legislation in the 107th Con- have been lost.’’ margin in November of 1994; she has served gress that unanimously passed the House. The third objective of the legislation permits this body with distinction throughout her 81⁄2 The legislation authorizes the Montezuma the Superintendent of the National Fire Acad- years as a member. Castle land exchange and the Diamond Point emy to coordinate with other Federal, State, During her terms in the Senate, Senator land exchange. In the Montezuma Castle land and local officials in developing curricula for Bowles served as the Democratic spokes- exchange, the Forest Service will acquire a classes offered by the Academy. This section person of the Senate Environment and Energy 157-acre parcel of private land adjacent to of the bill illustrates what new classes and Committee, the Local Government and Elec- Montezuma Castle National Monument and training opportunities the Academy is author- tions Committee, the Licensed Activities Com- the 108-acre Double Cabin Park parcel, both ized to offer its students. For example, the mittee and the State Government Operations in the Coconino National Forest. Academy will now be able to train fire per- Committee. An Arizona partnership, the Montezuma sonnel in: strategies for building collapse res- Senator Bowles has also served on the Castle Land Exchange Joint Venture, will ac- cue, the use of technology in response to Committees on Agriculture and Conservation, quire approximately 122 acres of National For- fires; including terrorist incidents and other na- Executive, Transportation, the Legislative In- est System land adjacent to the town of Pay- tional emergencies; response, tactics, and formation System, the Legislative Printing Unit, son’s municipal airport. The town of Payson strategies for dealing with terrorist-caused na- and the Legislative Research Unit. has entered into an agreement to purchase a tional catastrophes; applying new technology Senator Bowles has amassed numerous portion of this land to create private sector and developing strategies and tactics for fight- legislative accomplishments which have en- business development and job opportunities. ing forest fires, and other important response hanced the quality of life for the people of her Mr. Speaker, this exchange will protect ri- strategies. Metro East district and all of the people of the parian areas along Beaver Creek, the view- Over one million students have received State of Illinois, including new penalties for in- shed for the Montezuma Castle National training at the National Fire Academy. Since dividuals convicted of illegally possessing the Monument, and it will transfer Double Cabin its inception in 1975, the Academy has helped chemicals used to manufacture methamphet- Park to Federal ownership.

VerDate Jan 31 2003 02:12 Feb 07, 2003 Jkt 019060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A05FE8.064 E06PT1 February 6, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E151 In addition to the Payson land, this legisla- that denies the personhood of the unborn, Similarly, I do not think that the administra- tion facilitates the Diamond Point land ex- thereby effectively overturning Roe v. Wade. I tion’s foreign policy and defense experts really change. The Forest Service will acquire a 495- firmly believe that life begins at conception believe that Iraq is a significant threat to the acre parcel, known as the Q Ranch, in an and that the preborn child deserves all the United States. There are broader, philo- area where previous acquisitions have been rights and protections afforded an American sophical, ideological and political reasons be- completed and Federal land has been consoli- citizen. This measure will recognize the un- hind both proposals. dated. born child as a human being and protect the In an extremely well argued, comprehensive In exchange, the Diamond Point Summer fetus from harm. The Right to Life Act will fi- essay published in the New York Times for Homes Association will acquire 108 acres of nally put our unborn children on the same February 2, John Mearsheimer and Stephen Federal land that have been occupied since legal footing as all other persons. I hope my Walt very forcefully refute the argument that the 1950’s by the association’s 45 residential colleagues will join me in support of this im- we must to war with Iraq because it is a threat cabins. portant effort. to our security, and point our cogently what The land exchanges in this legislation are f the negative effects of such a war will be on supported by the town of Payson, the Gila us. County Board of Supervisors, the Rim County CONGRATULATING COLONEL Because Mr. Mearsheimer and Mr. Walt do Regional Chamber of Commerce, the Payson FRANK STEER a very good job of making clear a case Regional Economic Development Corporation against going to war in Iraq, and because that and the National Park Service. HON. NEIL ABERCROMBIE is the single most important question now fac- Mr. Speaker, this legislation benefits local OF HAWAII ing this country and this Congress, I ask that communities, the Federal Government and the IN THE HOUSE OF REPRESENTATIVES this essay be printed here. American taxpayer. I urge my colleagues to [From the New York Times, Feb. 2, 2003] support this important legislation for the First Wednesday, February 5, 2003 KEEPING SADDAM HUSSEIN IN A BOX District of Arizona. Mr. ABERCROMBIE. Mr. Speaker, it is a (By John J. Mearsheimer and Stephen M. f pleasure to extend my heartfelt aloha and con- Walt) RIGHT TO LIFE ACT gratulations to Colonel Frank Steer, United The United States faces a clear choice on States Army, retired. Iraq: containment or preventive war. Presi- HON. DUNCAN HUNTER Colonel Steer, 102 years young, is a mem- dent Bush insists that containment has ber of the United States Military Academy failed and we must prepare for war. In fact, OF CALIFORNIA Class of 1925 and holds the distinction of war is not necessary. Containment has IN THE HOUSE OF REPRESENTATIVES being the oldest living graduate of West Point. worked in the past and can work in the fu- Wednesday, February 5, 2003 Frank Steer has a long record of out- ture, even when dealing with Saddam Hus- Mr. HUNTER. Mr. Speaker, today I am in- standing service to the United States. He en- sein. The case for preventive war rests on the troducing legislation that, if passed, will once listed in the Army in World War 1, attained a claim that Mr. Hussein is a reckless expan- and for all protect our unborn children from commission after the war, and served as Pro- sionist bent on dominating the Middle East. harm. Over 1.3 million abortions are per- vost Marshal of the Army’s Hawaiian Depart- Indeed, he is often compared to Adolf Hitler, formed in the United States each year and ment during World War II. Having responsi- modern history’s exemplar of serial aggres- over 38 million have been performed since bility for enforcing martial law in Hawaii, he is sion. The facts, however, tell a different abortion was legalized in 1973. This is a na- widely credited with a human touch and sense story. tional tragedy. It is the duty of all Americans of fairness during that difficult time. During the 30 years that Mr. Hussein has to protect our children—born and unborn. This Having been commissioned an honorary dominated Iraq, he has initiated two wars. Iraq invaded Iran in 1980, but only after bill, the Right to Life Act, would provide blan- major general in the Association of Wash- Iran’s revolutionary government tried to as- ket protection to all unborn children from the ington Generals, Frank Steer is eminently sassinate Iraqi officials, conducted repeated moment of conception. qualified for honorary promotion to provost border raids and tried to topple Mr. Hussein In 1973, the United States Supreme Court, marshal of the United States Army and United by fomenting unrest within Iraq. His deci- in the landmark case of Roe v. Wade, refused States Air Force, and I am delighted to extend sion to attack was not reckless, because Iran to determine when human life begins and such recognition to him. was isolated and widely seen as militarily therefore found nothing to indicate that the un- Frank Steer is one of Hawaii’s living treas- weak. The war proved costly, but it ended born are persons protected by the Fourteenth ures. He is part of our island history and Iran’s regional ambitions and kept Mr. Hus- sein in power. Amendment. In the decision, however, the played a major role in making our state a Iraq’s invasion of Kuwait in 1990 arose Court did concede that, ‘‘If the suggestion of unique and special place. I join Frank Steer’s from a serious dispute over oil prices and personhood is established, the appellants’ legion of friends and admirers in congratu- war debts and occurred only after efforts to case, of course, collapses, for the fetus’ right lating him on a life well lived and for his un- court Mr. Hussein led the first Bush adminis- to life would be guaranteed specifically by the paralleled service to our nation. tration unwittingly to signal that Wash- Amendment.’’ Considering Congress has the f ington would not oppose an attack. Contain- constitutional authority to uphold the Four- ment did not fail the first time around—it teenth Amendment, coupled by the fact that KEEPING SADDAM HUSSEIN IN A was never tired. BOX Thus, Mr. Hussein has gone to war when he the Court admitted that if personhood were to was threatened and when he thought he had be established, the unborn would be pro- a window of opportunity. These consider- tected, it can be concluded that we have the HON. BARNEY FRANK ations do not justify Iraq’s actions, but they authority to determine when life begins. OF MASSACHUSETTS show that Mr. Hussein is hardly a reckless The Right to Life Act does what the Su- IN THE HOUSE OF REPRESENTATIVES aggressor who cannot be contained. In fact, preme Court refused to do in Roe v. Wade Iraq has never gone to war in the face of a Wednesday, February 5, 2003 and recognizes the personhood of the unborn clear deterrent threat. for the purpose of enforcing four important Mr. FRANK of Massachusetts. Mr. Speaker, But what about the Iraqi regime’s weapons provisions in the Constitution: (1) Sec. 1 of the I have a great deal of respect for the intellec- of mass destruction? Those who reject con- tual capacity of those making policy in the tainment point to Iraq’s past use of chemical Fourteenth Amendment prohibiting states from weapons against the Kurds and Iran. They depriving any person of life; (2) Sec. 5 of the Bush administration—so much respect that I also warn that he will eventually get nuclear Fourteenth Amendment providing Congress find it very hard to believe that they them- weapons. According to President Bush, a nu- the power to enforce, by appropriate legisla- selves really believe the rationales they have clear arsenal would enable Mr. Hussein to tion, the provision of this amendment; (3) the put forward for their two current major policy ‘‘blackmail the world.’’ And the real night- due process clause of the Fifth Amendment, initiatives: a major tax cut, including an aboli- mare is that he will give chemical, biological which concurrently prohibits the federal gov- tion of the tax on some dividends, and a war or nuclear weapons to Al Qaeda. ernment from depriving any person of life; and in Iraq. These possibilities sound alarming, but the dangers they pose do not justify war. (4) Article I, Section 8, giving Congress the Specifically, I do not believe that the top Mr. Hussein’s use of poison gas was des- power to make laws necessary and proper to economists in the Bush administration really picable, but it tells us nothing about what he enforce all powers in the Constitution. think that enactment of his latest tax relief might do against the United States or its al- This legislation will protect millions of future package will have any significant near term lies. He could use chemical weapons against children by prohibiting any state or federal law stimulus effect on our sputtering economy. the Kurds and Iranians because they could

VerDate Jan 31 2003 02:12 Feb 07, 2003 Jkt 019060 PO 00000 Frm 00013 Fmt 0626 Sfmt 0634 E:\CR\FM\A05FE8.067 E06PT1 E152 CONGRESSIONAL RECORD — Extensions of Remarks February 6, 2003 not retaliate in kind. The United States, by liferation elsewhere. The Bush administra- and expertise. Investigators and law enforce- contrast, can retaliate with overwhelming tion’s contrasting approaches to Iraq and ment professionals credit him as a great team force, including weapons of mass destruc- North Korea send a clear signal: we nego- member, one who contributed objectively to in- tion. This is why Mr. Hussein did not use tiate with states that have nuclear weapons, chemical or biological weapons against but we threaten states that don’t. Iran and vestigations. Perhaps it was his reputation for American forces or Israel during the 1991 North Korea will be even more committed to solid work that helped make him a key player Persian Gulf War. Nor has he used such having a nuclear deterrent after watching in Missouri’s first criminal investigation that re- weapons since, even though the United the American military conquer Iraq. Coun- lied almost entirely on DNA evidence. States has bombed Iraq repeatedly over the tries like Japan, South Korea and Saudi Ara- Mr. Speaker, I stand today to honor Dr. Jay past decade. bia will then think about following suit. D. Dix’s memory before this body of Congress The same logic explains why Mr. Hussein Stopping the spread of nuclear weapons will cannot blackmail us. Nuclear blackmail be difficult in any case, but overthrowing and this nation. Jay has made many contribu- works only if the blackmailer’s threat might Mr. Hussein would make it harder. tions to our community. His work as an in- actually be carried out. But if the intended Preventive war entails other costs as well. structor and as a medical examiner has target can retaliate in kind, carrying out the In addition to the lives lost, toppling Sad- touched thousands of lives and brought clo- threat causes the blackmailer’s own destruc- dam Hussein would cost at least $50 billion sure to many cases. I extend my sincere con- tion. This is why the Soviet Union, which to $100 billion, at a time when our economy dolences to his wife Mary, their daughters was far stronger than Iraq and led by men of is sluggish and huge budget deficits are pre- Kelsey and Melissa, and his mother Faith. equal ruthlessness, never tried blackmailing dicted for years. Because the United States the United States. would have to occupy Iraq for years, the ac- Jay’s lifetime of contributions to this nation Oddly enough, the Bush administration tual cost of this war would most likely be and to the communities he has served is wor- seems to understand that America is not vul- much larger. And because most of the world thy of our praise, and I am proud to honor him nerable to nuclear blackmail. For example, thinks war is a mistake, we would get little today. Condoleezza Rice, the national security ad- help from other countries. viser, has written that Iraqi weapons of mass Finally, attacking Iraq would undermine f destruction ‘‘will be unusable because any the war on terrorism, diverting manpower, attempt to use them will bring national ob- money and attention from the fight against TRIBUTE TO DR. FLORINE literation.’’ Similarly, President Bush de- Al Qaeda. Every dollar spent occupying Iraq RAITANO clared last week in his State of the Union is a dollar not spent dismantling terrorist Address that the United States ‘‘would not networks abroad or improving security at be blackmailed’’ by North Korea, which ad- home. Invasion and occupation would in- ministration officials believe has nuclear crease anti-Americanism in the Islamic HON. MARK UDALL weapons. If Iraq’s chemical, biological and world and help Osama bin Laden win more OF COLORADO followers. Preventive war would also rein- nuclear arsenal is ‘‘unusable’’ and North Ko- IN THE HOUSE OF REPRESENTATIVES rea’s weapons cannot be used for blackmail, force the growing perception that the United why do the President and Ms. Rice favor States is a bully, thereby jeopardizing the Wednesday, February 5, 2003 war? international unity necessary to defeat glob- But isn’t the possibility that the Iraqi re- al terrorism. Mr. UDALL of Colorado. Mr. Speaker, today gime would give weapons of mass destruction Although the Bush administration main- I rise to honor Dr. Florine Raitano for her out- to Al Qaeda reason enough to topple it? No— tains that war is necessary, there is a better option. Today, Iraq is weakened, its pursuit standing contributions to rural Colorado. Flo unless the administration isn’t telling us will be stepping down as the Executive Direc- something. Advocates of preventive war have of nuclear weapons has been frustrated, and made Herculean efforts to uncover evidence any regional ambitions it may once have tor of the Colorado Rural Development Coun- of active cooperation between Iraq and Al cherished have been thwarted. We should cil (CRDC) at the end of January. She has Qaeda, and senior administration officials perpetuate this state of affairs by maintain- been a leader in this organization for 10 years have put great pressure on American intel- ing vigilant containment, a policy the rest of bringing new ideas and innovative solutions to ligence agencies to find convincing evidence. the world regards as preferable and effective. Colorado’s rural communities. But these efforts have borne little fruit, and Saddam Hussein needs to remain in his box— but we don’t need a war to keep him there. At this position, Flo has been a tireless ad- we should view the latest reports of alleged vocate as working on such diverse issues as links with skepticism. No country should f renewable energy, telecommunications, and weave a case for war with such slender PAYING TRIBUTE TO JAY DIX threads. teenage health, to name a few, in an effort to Given the deep antipathy between fun- improve rural living. damentalists like Osama bin Laden and sec- HON. SCOTT McINNIS Rural communities often are many miles OF COLORADO ular rulers like Saddam Hussein, the lack of away from urban areas and lack much of the evidence linking them is not surprising. But IN THE HOUSE OF REPRESENTATIVES basic infrastructure and services most of us even if American pressure brings these un- Wednesday, February 5, 2003 likely bedfellows together, Mr. Hussein is take for granted. One of the biggest needs in Mr. MCINNIS. Mr. Speaker, I would like to not going to give Al Qaeda weapons of mass these areas include access to adult education destruction. He would have little to gain and take this opportunity to pay tribute to the opportunities for rural citizens so that they can everything to lose since he could never be memory of one of Colorado’s accomplished enhance their skills and improve the quality of sure that American surveillance would not sons, Dr. Jay D. Dix. A former resident of their lives. Most urban residents can find detect the handoff. If it did, the United Pueblo, Colorado, Jay Dix recently passed classes on almost anything, from cosmetology States response would be swift and dev- away, leaving behind a legacy as one of our to computer science. These opportunities are astating. country’s leading pathologists. As his family rare for rural communities whose population The Iraqi dictator might believe he could mourns their loss, I would like to take this time slip Al Qaeda dangerous weapons covertly, are spread out over wide distances. Even on- but he would still have to worry that we to highlight his life before this body of Con- line computer courses can be difficult if users would destroy him if we merely suspected gress and this nation. haven’t had training on how to use computers that he had aided an attack on the United Born in Germany to Harold Leon and Faith and the Internet. States. He need not be certain we would re- Louise Pfeffer Dix, Jay was raised in Pueblo, taliate, he merely has to think that we Colorado, where he graduated from Centen- Living in Dillon, Colorado, Flo understands might. nial High School in 1966. In 1969, he married first hand the needs of these rural citizens and Thus, logic and evidence suggest that Iraq Mary Jay Stewart and started a two-year stint communities. Her work with the CRDC created can be contained, even if it possesses weap- in the U.S. Army. After his service, Jay went a new volunteer program with Colorado State ons of mass destruction. Moreover, Mr. Hus- University Cooperative Extension to help resi- sein’s nuclear ambitions—the ones that con- on to graduate from Ohio Wesleyan University in 1973 and then, in 1977, from the University dents learn how to use the Internet. Bringing cern us most—are unlikely to be realized in rural areas up to speed on the information his lifetime, especially with inspections of Missouri School of Medicine. In 1980, Jay under way. Iraq has pursued nuclear weapons received his certification from the American highway is critical if we are going to make since the 1970’s, but it has never produced a Board of Pathology and started working as the sure that nobody is left behind. However, bomb, United Nations inspectors destroyed medical examiner of Missouri’s Boone and many rural areas are stuck on the information Iraq’s nuclear program between 1991 and 1998, Callaway counties. He also taught at the Uni- dirt road. Flo has worked with the state gov- and Iraq has not rebuilt it. With an embargo versity of Missouri as an assistant professor of ernment to raise awareness and look for inno- in place and inspectors at work, Iraq is fur- pathology and, in 1990, spent a year in New vative solutions to ensure these communities ther from a nuclear capacity than at any keep pace with the rest of Colorado. time in recent memory. Again, why the rush York City as its chief deputy medical exam- to war? iner. Colorado has a rich and vibrant farming and War may not be necessary to deny Iraq nu- Beyond the recognition, education, and ex- ranching history, which is also still an impor- clear weapons, but it is likely to spur pro- perience, Jay stood out for his professionalism tant part of its economy. Looking forward, Flo

VerDate Jan 31 2003 02:12 Feb 07, 2003 Jkt 019060 PO 00000 Frm 00014 Fmt 0626 Sfmt 9920 E:\CR\FM\A05FE8.071 E06PT1 February 6, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E153 has seen the possibility of how biofuels can racy. As many of my colleagues know, an in- him the Public Safety Employee of the Year stimulate rural economies. New fuels devel- creasing number of health care providers have Award. oped from crops could provide us with a re- withdrawn from the Medicare program be- Sergeant Verbeck has been a true profes- newable and sustainable energy supply and cause of the paperwork burden and constant sional, mentor and a friend to our community. move our country beyond oil dependence— interference with their practice by bureaucrats He will be greatly missed by his many friends while also creating new markets for these from the Center for Medicare and Medicaid at the Monterey Park Police Department and crops. Services (previously known as the Health the community. Mr. Speaker, I ask you to join Flo worked to bring ‘‘Opening Windows,’’ a Care Financing Administration). The MSA pro- me in expressing my appreciation for Sergeant unique theater and human services project gram frees seniors and providers from this Verbeck’s lifetime of service and commitment that addresses adolescent health and behavior burden thus making it more likely that quality to our community. issues from a rural perspective, to Colorado. providers will remain in the Medicare program! This entertaining, provocative and value-neu- Mr. Speaker, the most important reason to f tral program deals with such issues as sub- enact this legislation is seniors should not be stance abuse, domestic violence, teen preg- treated like children and told what health care TRIBUTE TO SHERIFF BILL BLAIR nancy, eating disorders, sexually transmitted services they can and cannot have by the fed- diseases and suicide, and is based on exten- eral government. We in Congress have a duty HON. SCOTT McINNIS sive interviews with rural adolescent teenagers to preserve and protect the Medicare trust OF COLORADO and their families. Each performance is fol- fund and keep the promise to America’s sen- IN THE HOUSE OF REPRESENTATIVES lowed by a facilitated dialogue involving the iors and working Americans, whose taxes fi- cast, local resource personnel, and the audi- nance Medicare, that they will have quality Wednesday, February 5, 2003 ence. This interactive program helps commu- health care in their golden years. Mr. MCINNIS. Mr. Speaker, it is with great nities understand some of the dilemmas to- However, we also have a duty to make sure pride that I rise today to pay tribute to Sheriff day’s adolescents are trying to deal with, as that seniors can get the health care that suits Bill Blair of Delta County, Colorado. Bill Blair new ways to approach these issues. their needs, instead of being forced into a has been the Sheriff of Delta County for the Flo will be missed at the CRDC, but I know cooking cutter program designed by Wash- past fourteen years where he has faithfully she will continue to be a strong force working ington-DC-based bureaucrats! Medicare MSAs served his constituents with the honor, cour- to improve Colorado. I urge my colleagues to are a good first step toward allowing seniors age, and integrity that Americans have come join me in thanking Flo for her years of dedi- the freedom to control their own health care. to expect from their elected officials. Recently, cated service to Colorado, and to rural resi- In conclusion, Mr. Speaker, I urge my col- Sheriff Blair has announced his retirement dents and communities throughout our nation. leagues to provide our senior citizens greater and, as he leaves office this January, I would f control of their health care, including the ability like to pay tribute to his career and accom- to use Medicare money to purchase prescrip- plishments before this body of Congress and EXPAND MEDICARE MSA tion drugs by cosponsoring my legislation to PROGRAM this nation. expand the Medicare MSA program. Throughout his life, Sheriff Blair has proven f himself to be a dedicated American, com- HON. RON PAUL mitted to the service of his community and OF TEXAS RECOGNIZING SERGEANT GREGORY W. VERBECK country. At age seventeen, Bill Blair joined the IN THE HOUSE OF REPRESENTATIVES United States Navy where he faithfully served Wednesday, February 5, 2003 his country for twenty years. During his career HON. HILDA L. SOLIS in the military, Bill was an aircraft firefighter Mr. PAUL. Mr. Speaker, I rise to introduce OF CALIFORNIA while on four aircraft carriers. Bill also served legislation which enhances senior citizens’ IN THE HOUSE OF REPRESENTATIVES ability to control their health care and use in the Vietnam War, where he received the Medicare money to pay for prescription drugs. Wednesday, February 5, 2003 Navy’s Professional Service Award for meri- This legislation accomplishes these important Ms. SOLIS. Mr. Speaker, I rise today to ac- torious service in both 1968 and 1972. goals by removing the numerical limitations knowledge the life and career of one of the Soon after leaving the military, Bill Blair and sunset provisions in the Medicare Medical Monterey Park Police Department’s finest offi- began his career in law enforcement, where Savings Account (MSAS) program so that all cers, Sergeant Gregory W. Verbeck. he served the Delta County Sheriff’s office as seniors can take advantage of the Medicare Sergeant Verbeck graduated from the a reserve deputy and later as a deputy sheriff. MSA option. Southern California Peace Officers Academy He was promoted again as the department’s Medicare MSAs consist of a special savings at Riverside City College in 1971. That same first non-uniformed investigator for the Delta account containing Medicare funds for seniors year, Sergeant Gregory W. Verbeck began his County Sheriff’s Office. Sheriff Blair was later to use for their routine medical expenses, in- 31-year career with the Monterey Park Police appointed Undersheriff by then Sheriff Richard cluding prescription drug costs. Seniors in a Department. Sergeant Verbeck rose quickly in Miklich, a position that he held for two years. Medicare MSA program are also provided with the force and on September 21, 1974, he was From there, Bill was appointed Sheriff in the a catastrophic insurance policy to cover non- promoted to the rank of Police Agent. From middle of Miklich’s final term of office. routine expenses such as major surgery. 1978 to 1980, he was assigned to the Inves- As a former law enforcement officer, I am Under an MSA plan, the choice of whether to tigations Bureau working juvenile investiga- well aware of the dangers and hazards our use Medicare funds for prescription drug tions and on January 24, 1980, he was pro- police officers face today. These individuals costs, or other services not available under moted to Sergeant. Sergeant Verbeck also work long hours, weekends, and holidays to traditional Medicare such as mammograms, served as a K–9 Handler, a department fire- guarantee their fellow citizens rights and pro- are made by the senior, not by bureaucrats arms instructor, the department’s fleet man- tections. They work tirelessly and with great and politicians. ager and the Monterey Park Emergency Com- sacrifice to their personal and family lives to One of the major weaknesses of the Medi- munications Coordinator. ensure our freedoms remain strong in our care program is that seniors do not have the Outside of his official duties on the force, homes and communities. Their service and ability to use Medicare dollars to cover the Sergeant Verbeck was a member and served dedication deserves the recognition and costs of prescription medicines, even though as President of the Monterey Park Police Offi- thanks of this body of Congress, and that is prescription drugs represent the major health cers Association. He has also been active in why I am so honored to celebrate the retire- care expenditure for many seniors. Medicare the community as a member of the Eastside ment of a man who has given so much to his MSAs give those seniors who need to use Optimist Club, as a board member of the Jap- community and country. Medicare funds for prescription drugs the abil- anese Amateur Radio Society and Chair of the Mr. Speaker, it is with sincere gratitude that ity to do so without expanding the power of Community Relations Commission. I recognize Sheriff Bill Blair of Delta County, the federal bureaucracy or forcing those sen- During his career, Sergeant Verbeck re- Colorado before this body of Congress and iors who currently have prescription drug cov- ceived over fifty letters and commendations for this nation. Sheriff Blair has served the citi- erage into a federal one-size-fits-all program. his unwavering commitment to service. These zens of Delta County with great character and Medicare MSAs will also ensure seniors ac- awards included Basic, Intermediate, Ad- integrity, and it is an honor to represent such cess to a wide variety of health care services vanced, and Supervisory Police Certificates. In an outstanding American in this Congress. I by minimizing the role of the federal bureauc- 1996, Sergeant Verbeck’s excellence earned wish Bill all the best in his retirement.

VerDate Jan 31 2003 02:12 Feb 07, 2003 Jkt 019060 PO 00000 Frm 00015 Fmt 0626 Sfmt 0634 E:\CR\FM\A05FE8.073 E06PT1 E154 CONGRESSIONAL RECORD — Extensions of Remarks February 6, 2003 INTRODUCTION OF ABANDONED Unless these fiscal and legal obstacles are Funds in the new reclamation fund would be HARDROCK MINES RECLAMATION overcome, often the only route to clean up available for appropriation for grants to eligible ACT abandoned mines will be to place them on the States to complete inventories of abandoned Nation’s Superfund list. Colorado has experi- hardrock mine sites, as mentioned above. A HON. MARK UDALL ence with that approach, so Coloradans know State with sites covered by the bill could re- OF COLORADO that while it can be effective it also has short- ceive a grant of up to $2 million annually for IN THE HOUSE OF REPRESENTATIVES comings. For one thing, just being placed on this purpose. In addition, money from the fund Wednesday, February 5, 2003 the Superfund list does not guarantee prompt would be available for cleanup work at eligible cleanup. The site will have to get in line be- sites. To be eligible, a site would have to be Mr. UDALL of Colorado. Mr. Speaker, today hind other listed sites and await the availability within a State subject to operation of the gen- I am introducing the Abandoned Hardrock of financial resources. In addition, as many eral mining laws that has completed its State- Mines Reclamation Act. This bill is designed to communities within or near Superfund sites wide inventory. Within those States, eligible help promote the cleanup of abandoned and know, listing an area on the Superfund list can sites would be those—(1) where former inactive hardrock mines that are a menace to create concerns about stigmatizing an area hardrock-mining activities had permanently the environment and public health throughout and potentially harming nearby property val- ceased as of the date of the bill’s enactment; the country, but especially in the West. I intro- ues. (2) that are not on the National Priorities List duced a similar bill in the 107th Congress. We need to develop an alternative approach under the Superfund law; (3) for which there This bill contains a number of changes that that will mean we are not left only with the op- are no identifiable owners or operators; and were developed in consultation with interested tions of doing nothing or creating additional (4) that lack sufficient minerals to make further parties, including representatives of the West- Superfund sites—because while in some mining, remining, or reprocessing of minerals ern Governors’ Association, the hardrock min- cases the Superfund approach may make the economically feasible. Sites designated for re- ing industry, and environmental groups. More most sense, in many others there could be a medial action under the Uranium Mill Tailings detail regarding these changes is included at more direct and effective way to remedy the Radiation Control Act of 1978 or subject to the end of this statement. problem. planned or ongoing response or natural re- THE BACKGROUND WESTERN GOVERNORS WANT ACTION source damage action under the Superfund For over one hundred years, miners and For years, the Governors of our western law would not be eligible for cleanup funding prospectors have searched for and developed States have recognized the need for action to from the new reclamation fund. The Interior valuable ‘‘hardrock’’ minerals—gold, silver, address this serious problem. The Western Department could use money from the fund to copper, molybdenum, and others. Hardrock Governors’ Association has several times do cleanup work itself or could authorize use mining has played a key role in the history of adopted resolutions on the subject. The most of the money for cleanup work by a holder of Colorado and other States, and the resulting recent, adopted in August of 2001, was enti- one of the new ‘‘good Samaritan’’ permits pro- mineral wealth has been an important aspect tled ‘‘Cleaning Up Abandoned Mines’’ and was vided for in Title II of the bill. of our economy and the development of es- proposed by Governor Bill Owens of Colorado TITLE II. PROTECTION FOR ‘‘GOOD SAMARITANS’’ sential products. However, as all westerners along with Governors Guinn of Nevada, Title II addresses the threat of long-term li- know, this history has too often been marked Janklow of South Dakota, and Johnson of ability. To help encourage the efforts of ‘‘good by a series of ‘‘boom’’ times followed by a New Mexico. The bill I am introducing today is Samaritans,’’ the bill would create a new pro- ‘‘bust’’ when mines were no longer profitable. based directly on those recommendations by gram under the Clean Water Act under which When these busts came, too often the miners the Western Governors. It addresses both the qualifying individuals and entities could obtain would abandon their workings and move on, lack of resources and the liability risks to permits to conduct cleanups of abandoned or seeking riches over the next mountain. The re- those doing cleanups. inactive hardrock mines. These permits would sulting legacy of unsafe open mine shafts and OUTLINE OF THE BILL give some liability protection to those volun- acid mine drainages can be seen throughout TITLE I. FUNDS FOR CLEANUPS teering to clean up these sites, while also re- the country and especially on the western Title I addresses the lack of resources. It quiring the permit holders to meet certain re- public lands where mineral development was would create a reclamation fund paid for by a quirements. The bill specifies who can secure encouraged to help settle our region. modest fee applied to existing hardrock mining these permits, what would be required by way THE PROBLEMS operations. The fund would be used by the of a cleanup plan, and the extent of liability The problems caused by abandoned and in- Secretary of the Interior to assist projects to exposure. Notably, unlike regular Clean Water active mines are very real and very large—in- reclaim and restore lands and waters ad- Act point-source (‘‘NPDES’’) permits, these cluding acidic water draining from old tunnels, versely affected by abandoned or inactive new permits would not require meeting spe- heavy metals leaching into streams, killing fish hardrock mines. cific standards for specific pollutants and and tainting water supplies, open vertical mine A similar method already exists to fund would not impose liabilities for monitoring or shafts, dangerous highwalls, large open pits, clean up of abandoned coal mines. The Sur- long-term maintenance and operations. These waste rock piles that are unsightly and dan- face Mining Control and Reclamation Act of permits would terminate upon completion of gerous, and hazardous, dilapidated structures. 1977 (SMCRA) provides for fees on coal pro- cleanup, if a regular Clean Water Act permit is And, unfortunately, many of our current en- duction. issued for the same site, or if a permit holder vironmental laws, designed to mitigate the im- Similarly, my bill provides for fees on min- encounters unforeseen conditions beyond the pact from operating hardrock mines, are of eral production from producing hardrock mines holder’s control. limited effectiveness when applied to aban- on Federal lands or lands that were Federal Together, these two parts of the bill could doned and inactive mines. As a result, many before issuance of a mining-law patent. Fees help us begin to address a problem that has of these old mines go on polluting streams would be paid to the Secretary of the Interior frustrated Federal and State agencies through- and rivers and potentially risking the health of and would be deposited in a new Abandoned out the country and make progress in cleaning people who live nearby or downstream. Minerals Mine Reclamation Fund in the U.S. up from an unwelcome legacy of our mining OBSTACLES TO CLEANUP Treasury. Money in that fund would earn inter- history. Right now there are two serious obstacles est and would be available for reclamation of DIFFERENCES BETWEEN THIS BILL AND THE PREVIOUS to progress. One is a serious lack of funds for abandoned hardrock mines. The method of VERSION cleaning up sites for which no private person calculating fees is similar to that used by the Since the introduction of my original bill in or entity can be held liable. The other obstacle State of Nevada, which collects production- the 107th Congress, I have been working with is legal. While the Clean Water Act is one of based fees from mines in that State. Because a variety of people interested in this subject. the most effective and important of our envi- over the years there have been proposals to My staff joined discussions with a group that ronmental laws, as applied it can mean that establish royalties for hardrock production, in included representation of the western States someone undertaking to clean up an aban- order to provide a greater return to the Amer- through the auspices of the Western Gov- doned or inactive mine will be exposed to the ican people, they would require the Secretary ernors’ Association, the mining industry (in- same liability that would apply to a party re- of the Interior to reduce payments under this cluding hardrock mining companies in Colo- sponsible for creating the site’s problems in title so as to offset any royalties hardrock pro- rado and the Colorado and national mining as- the first place. As a result, would-be ‘‘good ducers may pay in the future. This is intended sociations), the environmental community, and Samaritans’’ understandably have been unwill- to avoid possible inequitable treatment of a relevant State and Federal agencies. The dis- ing to volunteer their services to clean up producer covered by both the royalty and Title cussions were very productive, and led to abandoned and inactive mines. I of this bill. much progress toward developing consensus

VerDate Jan 31 2003 02:12 Feb 07, 2003 Jkt 019060 PO 00000 Frm 00016 Fmt 0626 Sfmt 9920 E:\CR\FM\A05FE8.076 E06PT1 February 6, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E155 solutions to a variety of concerns. This revised hardrock minerals that are present at the site. parochial schools are unable to afford the tui- version of the bill reflects those discussions However, any value recouped from any sale of tion, in large part because of the enormous and I wish to express my personal thanks to these materials would have to be used to de- tax burden imposed on the American family by those who participated. The significant fray the costs of the cleanup or to help clean- Washington. changes in this version of the bill include the up of other abandoned hardrock mines. The Family Education Freedom Act also following: I think these changes are improvements that benefits parents who choose to send their chil- will further facilitate the cleanup of thousands TITLE I dren to public schools. Parents of children in of abandoned hardrock mines in the West. Use of existing administrative system to dis- public schools may use this credit to help im- perse fees. At the request of the States, the f prove their local schools by helping finance bill requires the Secretary of the Interior to use the purchase of educational tools such as the existing mine cleanup fund disbursement FAMILY EDUCATION FREEDOM ACT computers or to ensure their local schools can system under the Surface Mining Control and offer enriching extracurricular activities such Reclamation Act (SMCRA). This will help fa- as music programs. Parents of public school cilitate the administration of the fund under the HON. RON PAUL students may also wish to use the credit to bill, reduced duplication and improve effi- OF TEXAS pay for special services, such as tutoring, for ciency. For States that do not have a program IN THE HOUSE OF REPRESENTATIVES their children. under SMCRA, the Secretary is authorized to disperse funds in those eligible States as long Wednesday, February 5, 2003 Increasing parental control of education is as those States have a State-authorized aban- Mr. PAUL. Mr. Speaker, I rise today to intro- superior to funneling more federal tax dollars, doned mine cleanup program.’’ duce the Family Education Freedom Act, a bill followed by greater federal control, into the Allocation of funds to the States. The bill to empower millions of working and middle- schools. According to a Manhattan Institute specifies that 25 percent of the funds collected class Americans to choose a non-public edu- study of the effects of state policies promoting by the fee shall go back to the States where cation for their children, as well as making it parental control over education, a minimal in- such fees originated; 50 percent of the funds easier for parents to actively participate in im- crease in parental control boosts students’ av- collected annually will be expended in eligible proving public schools. The Family Education erage SAT verbal score by 21 points and stu- States in relation to the extent of mining activ- Freedom Act accomplishes its goals by allow- dents’ SAT math score by 22 points! The ity that occurred in those States during the ing American parents a tax credit of up to Manhattan Institute study also found that in- years 1900 to 1980 (that is, from the turn of $3,000 for the expenses incurred in sending creasing parental control of education is the the last century until enactment of Superfund their child to private, public, parochial, other best way to improve student performance on (more formally, the Comprehensive Environ- religious school, or for home schooling their the National Assessment of Education mental Response, Compensation, and Liability children. Progress (NAEP) tests. Act (CRCLA)); and the balance of the fund will The Family Education Freedom Act returns Clearly, enactment of the Family Education be used elsewhere at the discretion of the the fundamental principal of a truly free econ- Freedom Act is the best thing this Congress Secretary. omy to American’s education system: what the could do to improve public education. Further- Fee Off-set in case a royalty is applied. Dur- great economist Ludwig von Mises called more, a greater reliance on parental expendi- ing the discussions over the bill, the mining in- ‘‘consumer sovereignty’’. Consumer sov- tures rather than government tax dollars will dustry expressed concerns regarding the fee ereignty simply means consumers decide who help make the public schools into true commu- title provision. They indicated that, as a gen- succeeds or fails in the market. Businesses nity schools that reflect the wishes of parents eral matter, the industry is not opposed to that best satisfy consumer demand will be the and the interests of the students. helping fund the cleanup of abandoned mines, most successful. Consumer sovereignty is the but they were concerned that in the context of means by which the free market maximizes The Family Education Freedom Act will also any potential reform of the General Mining human happiness. aid those parents who choose to educate their Law of 1872, miners may be required to pay Currently, consumers are less than sov- children at home. Home schooling has be- a royalty for hardrock minerals extracted from ereign in the education ‘‘market.’’ Funding de- come an increasingly popular, and successful, public lands in addition to the fee imposed in cisions are increasingly controlled by the fed- method of educating children. Home schooled this bill and thus subjecting them to paying eral government. Because ‘‘he who pays the children out-perform their public school peers twice. This bill addresses that concern by pro- piper calls the tune,’’ public, and even private by 30 to 37 percentile points across all sub- viding that a fee collected under this bill would schools, are paying greater attention to the jects on nationally standardized achievement be reduced by an amount equal to any royalty dictates of federal ‘‘educrats’’ while ignoring exams. Home schooling parents spend thou- established in the future that is credited to the the wishes of the parents to an ever-greater sands of dollars annually, in addition to the hardrock reclamation fund. degree. As such, the lack of consumer sov- wages forgone by the spouse who forgoes TITLE II ereignty in education is destroying parental outside employment, in order to educate their Delegation to the States. The bill expressly control of education and replacing it with state children in the loving environment of the authorizes the EPA to delegate the authority control. Loss of control is a key reason why so home. many of America’s parents express dis- to issue ‘‘good Samaritan’’ reclamation permits Ultimately, Mr. Speaker, this bill is about satisfaction with the educational system. to eligible States. This was done at the re- freedom. Parental control of child rearing, es- According to a study by The Polling Com- quest of the States. pecially education, is one of the bulwarks of pany, over 70 percent of all Americans sup- Cooperating Parties. At the request of min- liberty. No nation can remain free when the port education tax credits! This is just one of ing community representatives, the bill adds state has greater influence over the knowl- numerous studies and public opinion polls new provisions for ‘‘cooperating parties’’ that edge and values transmitted to children than showing that Americans want Congress to get would be authorized to assist remediating par- the family. ties with cleanup work under ‘‘good Samari- the federal bureaucracy out of the schoolroom tan’’ permits. These cooperating parties would and give parents more control over their chil- By moving to restore the primacy of parents also enjoy the liability protections afforded to dren’s education. to education, the Family Education Freedom full remediating parties. This will enable the Today, Congress can fulfill the wishes of the Act will not only improve America’s education, mining industry to employ its expertise and ca- American people for greater control over their it will restore a parent’s right to choose how pabilities to assist in the cleanups. children’s education by simply allowing par- best to educate one’s own child, a funda- Long-term Protection. The bill requires that ents to keep more of their hard-earned money mental freedom that has been eroded by the cleanup plans include an obligation that the to spend on education rather than force them increase in federal education expenditures and cleanup efforts will be maintained and oper- to sent it to Washington to support education the corresponding decrease in the ability of ated to ensure continued long-term benefits programs reflective only of the values and pri- parents to provide for their children’s edu- from work accomplished at each site. orities of Congress and the federal bureauc- cation out of their own pockets. I call on all my Recoverable Value. At the request of many racy. colleagues to join me in allowing parents to of the parties in the discussions, the bill allows The $3,000 tax credit will make a better devote more of their resources to their chil- remediating parties to beneficially use any ma- education affordable for millions of parents. dren’s education and less to feed the wasteful terials found at the site during the cleanup. Mr. Speaker, many parents who would choose Washington bureaucracy by supporting the These materials could include any residual to send their children to private, religious, or Family Education Freedom Act.

VerDate Jan 31 2003 02:12 Feb 07, 2003 Jkt 019060 PO 00000 Frm 00017 Fmt 0626 Sfmt 9920 E:\CR\FM\A05FE8.078 E06PT1 E156 CONGRESSIONAL RECORD — Extensions of Remarks February 6, 2003 RECOGNIZING THE 40TH ANNIVER- before this body of Congress and this nation. the Human Environment. ‘‘He was always SARY OF THE MEXICAN AMER- I extend my sincere condolences to her par- concerned about air pollution and population ICAN OPPORTUNITY FOUNDA- problems,’’ his daughter Holly explained. ents, Daniel and Marguerite, husband Dale, Those interests hit home locally, when Mr. TION AND THE DEDICATION OF and daughter Cortney. Jan lived her life to the Welles worked with Gov. Richard Lamm on THE DIONICIO MORALES MEXI- fullest and was loved and admired throughout the Front Range Project, a process to pro- CAN AMERICAN HALL OF FAME the Norwood community. Her loss will be tect Colorado’s quality of life in the face of deeply felt and her memory will live on for rapid population growth. Later, at this EPA years to come. post. Mr. Welles helped resolve conflicts con- HON. HILDA L. SOLIS cerning the Rocky Mountain Arsenal and f OF CALIFORNIA Rocky Flats. IN THE HOUSE OF REPRESENTATIVES IN MEMORY OF JOHN WELLES Though Mr. Welles also served as vice Wednesday, February 5, 2003 president of planning and public affairs for the Colorado School of Mines. Holly says her Ms. SOLIS. Mr. Speaker, I rise today to rec- HON. MARK UDALL father enjoyed his tenure at the museum ognize the 40th anniversary of the Mexican OF COLORADO most. Under his leadership, the Museum American Opportunity Foundation (MAOF) and IN THE HOUSE OF REPRESENTATIVES landed one of its most popular traveling ex- hibits ever, ‘‘Ramses II: The Pharoah and His the dedication of the Dionicio Morales Mexican Wednesday, February 5, 2003 American Hall of Fame. Time.’’ Mr. Welles also created the perma- Mr. UDALL of Colorado. Mr. Speaker, I rise nent Prehistoric Journey exhibit before re- The Mexican American Opportunity Founda- tiring in 1994. tion is the largest Latino social-service agency today to acknowledge the public service of a fine Coloradan, John Welles, who passed ‘‘He enjoyed discussing scientific elements in the United States, and with the leadership and he enjoyed engaging and challenging the of Mr. Dionicio Morales has helped improve away on December 18, 2002. Mr. Welles had scientists,’’ said museum board member the life of thousands of people through essen- a long and distinguished record of public serv- Chuck Hazelrigg. tial services ranging from job training and ice to Colorado and he will be dearly missed. Surviving, including his wife, Barbara, are childcare to naturalization services. John Welles served as the regional adminis- children Ginny Welles of Lincoln, Mass, Deborah Welles of Denver, Barton Welles of In 1963, the Mexican American Opportunity trator for the Environmental Protection Agency for six years under President Reagan. He was Ross, Calif., and Holly Welles of Mill Valley, Foundation offered its services to the commu- Calif.; and six grandchildren. nity of East Los Angeles. Forty years later, a principled public servant who always worked Contributions can be made to the Hemlock this far-reaching program serves families from in a bipartisan manner and in a way that re- Society, P.O. Box 101810, Denver, CO. 80250; our San Diego border through Central Cali- spected those with whom he disagreed. and the John Welles Memorial Fund at the fornia. I had the good fortune to know Mr. Welles Denver Museum of Nature & Science, 2001 In celebrating the 40th anniversary, it is ap- when I was the executive director of the Colo- Colorado Blvd., Denver. propriate that the Dionicio Morales Mexican rado Outward Bound School. Among the many f qualities that I admired in John, I will most re- American Hall of Fame is committed to Mr. TEACHER TAX CUT ACT AND PRO- Morales’ desire to have Mexican American member his gentle, wise demeanor. He was a kind and public-spirited man whose good work FESSIONAL EDUCATORS TAX RE- leaders and other pacesetters recognized for LIEF ACT their contributions and plaace in history. The for Colorado will not soon be forgotten. I ask Dionicio Morales Mexican American Hall of my colleagues to join me in paying tribute to HON. RON PAUL Fame honors those individuals who made the John Welles, a fine public servant and a great Coloradan. OF TEXAS growth of MAOF possible and other Mexican IN THE HOUSE OF REPRESENTATIVES Americans whose leadership has contributed Attached is an article which ran in the to the rich culture and history of the United Rocky Mountain News on December 20, 2002. Wednesday, February 5, 2003 States. [From the Rocky Mountain News, Dec. 20, Mr. PAUL. Mr. Speaker, I am pleased to in- Today, I congratulate the Mexican American 2002] troduce two pieces of legislation that raise the Opportunity Foundation for forty years of tire- FORMER EPA AND MUSEUM OFFICIAL JOHN pay of teachers and other educators by cutting less service to our community and honor the WELLES DIES their taxes. I am sure that all my colleagues noble efforts of Dionicio Morales. (By Erika Gonzalez) agree that it is long past time to begin treating Holly Welles’ childhood was filled with an f those who have dedicated their lives to edu- unusual family ritual—each night her father, cating America’s children with the respect they PAYING TRIBUTE TO JAN LEMON John, would bring a stack of articles to the deserve. Compared to other professionals, dinner table. ‘‘We would go around the table and talk educators are underappreciated and under- HON. SCOTT McINNIS about what we did that day and then he paid. This must change if America is to have OF COLORADO would talk about some key event—some- the finest education system in the world! IN THE HOUSE OF REPRESENTATIVES thing out of a science magazine that he Quality education is impossible without qual- thought was amazing,’’ she said. ‘‘Sometimes ity teaching. If we continue to undervalue edu- Wednesday, February 5, 2003 it was a little much. But he loved to learn cators, it will become harder to attract, and Mr. McINNIS. Mr. Speaker, it is with deep and he loved to share.’’ keep, good people in the education profes- sadness that I rise today to recognize the life That zeal for science fueled a remarkable sion. While educators’ pay is primarily a local and passing of Jan Lemon of Norwood, Colo- career, including an appointment as regional administrator for the Environmental Protec- issue, Congress can, and should, help raise rado. Sadly, Jan passed away in October and, tion Agency and a six-year post as executive educators’ take home pay by reducing edu- as her family mourns their loss, I would like to director of the Denver Museum of Natural cators’ taxes. pay tribute to her life and the wonderful History, now the Denver Museum of Nature This is why I am introducing the Teacher memories she has left behind. & Science. Tax Cut Act. This legislation provides every Jan Lemon was born on November 27, Mr. Welles died Wednesday after a long teacher in America with a $1,000 tax credit. I 1960 in Yakima, Washington, where she grew bout with various illnesses. He was 77. A me- am also introducing the Professional Edu- up and graduated High School. After grad- morial service will be held at 11 a.m. Jan. 3 cators Tax Relief Act, which extends the uating from college in Cheyenne, Wyoming, at St. John’s Cathedral. Born in Lexington, VA., Mr. Welles at- $1,000 tax credit to counselors, librarians, and Jan moved to Ridgway, Colorado, where she tended Yale university, earning a degree in all school personnel involved in any aspect of made her home and married her husband electrical engineering in 1946. After serving the K–12 academic program. Dale in 1991. Jan was a Coloradan who loved in the U.S. Marine Corps, he returned to the The Teacher Tax Cut Act and the Profes- the land and all the opportunities that our University of Pennsylvania, where he re- sional Educators Tax Relief Act increase the mountains had to offer. She was an avid ceived a master’s degree in business. salaries of teachers and other education pro- horsewoman who became a skilled rider, Mr. Welles began his career in the private fessionals without raising federal expenditures. rancher, and roper. She loved spending time sector, but in 1956, he joined the Denver Re- By raising the take-home pay of professional search Institute at the University of Denver, educators, these bills encourage highly quali- with friends and family, and contributed greatly heading up the institute’s Industrial Eco- to the quality of life throughout the Norwood nomics Division. fied people to enter, and remain in, education. community. During a sabbatical from DU in 1971, Mr. These bills also let America’s professional Mr. Speaker, it is with earnest respect that Welles took his family to Geneva to help educators know that the American people and I recognize the life and passing of Jan Lemon plan the first United Nations Conference on the Congress respect their work.

VerDate Jan 31 2003 02:33 Feb 07, 2003 Jkt 019060 PO 00000 Frm 00018 Fmt 0626 Sfmt 9920 E:\CR\FM\A05FE8.082 E06PT1 February 6, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E157 I hope all my colleagues join me in sup- that Coloradans have come to expect from and wife team, Sally and Paul Gausmann offer porting our nation’s teachers and other profes- their law enforcement officers. Sheriff Eberly a united approach to their religious teachings sional educators by cosponsoring the Teacher has recently retired, so I would like to reflect that has flourished within this congregation. Tax Cut Act and the Professional Educators upon his extraordinary career and accomplish- They have two children, a son, William, who is Tax Relief Act. ments. age 17 and a daughter, Laura, who is age 15. f Growing up in La Junta offered Sheriff I am pleased to welcome Pastor Sally to the Eberly the opportunity to know and understand House Floor and would like to thank her for RECOGNIZING AMELIA M. ORTIZ the community in which he served. Through- the inspirational prayer she presented this out his eight terms in office, Sheriff Eberly has afternoon that reinforces the importance that HON. HILDA L. SOLIS received broad support from the residents of our great nation exists as one ‘‘under God.’’ OF CALIFORNIA Otero County who have reelected him repeat- f IN THE HOUSE OF REPRESENTATIVES edly since 1970. Over the years, Sheriff Eberly INTRODUCING THE COMMERCIAL has gained a reputation as a working sheriff Wednesday, February 5, 2003 AIRLINE MISSILE DEFENSE ACT who holds himself to the same standards as Ms. SOLIS. Mr. Speaker, on January 13, his deputies, never asking anything of anyone 2003, a woman whom I was personally very that he wouldn’t ask of himself. Eberly has al- HON. STEVE ISRAEL OF NEW YORK close to, Amelia Martinez Ortiz passed away, ways led by example and has worked hard to IN THE HOUSE OF REPRESENTATIVES leaving behind a legacy of service to the com- protect his fellow citizens. munity. I rise today to honor the impressive As a former law enforcement officer, I am Wednesday, February 5, 2003 contributions Amelia Martinez Ortiz made to well aware of the dangers and hazards our Mr. ISRAEL. Mr. Speaker, I rise today to in- her community and to this nation. police officers face today. These individuals troduce a bill that will correct a glaring vulner- Amelia M. Ortiz was born in Mason City, Ar- work long hours, weekends, and holidays to ability in our homeland defense. The ‘‘Com- izona, on February 9, 1929. She lived for over guarantee the safety of their fellow citizens. mercial Airline Missile Defense Act’’ will fully 48 years at the same house on Shadydale Av- They work tirelessly, with great sacrifice to fund the addition of electronic surface-to-air enue in the City of La Puente, in the San Ga- their personal and family lives, to ensure our missile defense systems on all commercially briel Valley of California. freedoms remain strong in our homes and scheduled flights on United States aircrafts. With the passing of her beloved husband, communities. Their service and dedication de- Protecting American lives is the most funda- Jesus Ortiz, 27 years ago, Amelia became the serve the recognition and thanks of this body mental job of the Federal Government. We sole provider for her family. Armed with only a of Congress, and that is why I bring the name must therefore eliminate every weakness that second grade education, she was able to pro- of Sheriff John Eberly to light today. we see in our country’s homeland defense. vide for her children—Martha, Andres, Diana, Mr. Speaker, it is with earnest respect that The vulnerability of our commercial air fleet to and Gloria—through her gift with the needle I recognize Sheriff John Eberly before this terrorist missile attack is not a hysterical hypo- and thread. As a seamstress, Amelia created body of Congress and this nation. Sheriff thetical. It is a real and present danger. many wonderful designs, bringing joy to her Eberly has served his constituents with honor Last November there was attempted missile clients, including myself. She helped them pre- and integrity, qualities that will be his legacy. attack on an Israeli airliner taking off from an pare for some of the most important days of I commend John for his service and dedica- airport in Kenya. Two surface-to-air missiles, their lives, like their weddings and tion, and I wish him all the best in his retire- also known SAMs, which can bring down large airplanes—commercial as well as military— quincean˜eras. With her tenacity and talent, ment. Amelia’s success as an entrepreneur helped from up to 30 miles from an airport were f launched against an Israeli chartered jet air- open doors for other Latinas throughout the liner. It was only profound good luck—likely a community during a time when very few role GUEST CHAPLAIN FROM 19TH flawed missile batch—that saved the plane models existed. DISTRICT OF PENNSYLVANIA and its hundreds of innocent passengers. In addition, Amelia was a long-standing, Thankfully, last November’s attack on the dedicated parishioner of the St. Louis of HON. TODD RUSSELL PLATTS Israeli jetliner failed. We need to keep in mind, France Catholic Church in La Puente. She OF PENNSYLVANIA however, that the missile used in the Israeli at- was a member of the Legion of Mary, partici- IN THE HOUSE OF REPRESENTATIVES tack one of the least sophisticated of the sev- pating and organizing events that recognized Wednesday, February 5, 2003 eral types of SAMs that exist in the world the contributions of Mary, the mother of Jesus. Mr. PLATTS. Mr. Speaker, I rise today to today. It was a Soviet-era SA7, which was Amelia also helped the parish raise funds for been sold globally since the end of the cold community events and assisted in organizing welcome as Guest Chaplain on the floor of the House of Representatives an outstanding con- war. The other types of SAMs are much more the traveling Virgin Mary for all in the commu- advanced and much more effective. stituent and religious leader in my 19th Con- nity to enjoy. SAMs were designed to be highly portable Although Amelia has passed, her spirit re- gressional District of Pennsylvania. The Rev- and are easily disassembled. As such, they mains in my heart and in many others. erend Sara ‘‘Sally’’ Gausmann. ‘‘Pastor Sally,’’ are relatively easy to transport and smuggle. Through her dedication, hard work, and com- joined by her husband, Reverend Paul Terrorist could launch this five-foot long mis- mitment to overcoming overwhelming obsta- Gausmann, represent a thriving religious com- sile from near an airport and flee before any- cles in the hopes of providing for her family munity, Saint Paul Lutheran Church in York, one can detect them. Airplanes taking off with and community, Amelia Ortiz exemplified all Pennsylvania. Together, pastor Sally and Pas- full and highly combustible fuel tanks are the that is possible in our country. A wife, a moth- tor Paul successfully aid in the needs of their most likely and deadly targets. The U.S. gov- er to four, a grandmother to 13, a great-grand- congregation and I am pleased to thank them ernment must equip all its aircrafts with a de- mother to one, a friend to many, and my for their exemplary status as role models in fense system to protect and defend against madrina (godmother), Amelia M. Ortiz will be my district. this threat. greatly missed. Pastor Sally received her bachelor’s degree The United States provided Stingers—a from Indiana University of Pennsylvania in type of SAM—to the Mujahadeen in the 1980s PAYING TRIBUTE TO SHERIFF 1981, before attending the Lutheran Theo- in Afghanistan. They were used with dev- JOHN EBERLY logical Seminary at Gettysburg in 1991. She astating affect against the Soviets. The then served at several churches including Mujahadeen, who subsequently splintered into HON. SCOTT McINNIS Grade Lutheran Church in Rochester, Penn- the Taliban and Al Qaeda, possessed at least OF COLORADO sylvania from 1991–1993 and Faith Lutheran a thousand Stingers that were never ac- IN THE HOUSE OF REPRESENTATIVES Church in Shell Rock, Iowa from 1993–1999 counted for after the war ended in 1989. So- before serving as co-pastor of Saint Paul Lu- viet shoulder armed missiles, like the ones Wednesday, February 5, 2003 theran Church. During her time at the Saint used in Kenya against the Israeli jetliner, are Mr. McINNIS. Mr. Speaker, it is with great Paul Lutheran Church, Pastor Sally was the even far more abundant. pride that I rise today to recognize John chaplain at the Pennsylvania State Sheriff’s Tens of thousands of these missiles are out Eberly of La Junta, Colorado. Mr. Eberly has Convention in 2001 and is currently a member there. Although most are in state arsenals, been the Sheriff of Otero County for the past of the Global Mission Task Force for the thousands—including U.S. Stingers and Rus- 31 years, where he has served his fellow citi- Lower Susquehanna Synod of the Evangelical sian SA7s—are unaccounted for and feared to zens with the honesty, courage, and integrity Lutheran Church of America. As a husband be in the hands of terrorists.

VerDate Jan 31 2003 02:12 Feb 07, 2003 Jkt 019060 PO 00000 Frm 00019 Fmt 0626 Sfmt 9920 E:\CR\FM\A05FE8.084 E06PT1 E158 CONGRESSIONAL RECORD — Extensions of Remarks February 6, 2003 Few doubt that Al Qaeda does not possess the HOPE scholarship tax credit to K–12 edu- Current law authorizes the Department of large quantities of Russian SA7s and even cation expenses. Under this bill, parents could Defense to use it funds for the transport of hu- more effective U.S. Stingers. A successful at- use the HOPE Scholarship to pay for private manitarian relief, allowing U.S. military per- tack against a Boeing 747–400 with full capac- or religious school tuition or to offset the cost sonnel to help provide foreign countries with ity could cost almost five hundred lives. Aside of home schooling. In addition, under the bill, emergency assistance such as helicopter from large-scale casualties, such a successful all Americans could use the Hope Scholarship transport, temporary water supplies, and road attack would have a devastating impact on the to make cash or in-kind donations to public and bridge repair. For example, U.S. military U.S. Aircraft industry, on travel and tourism, schools. Thus, the Hope Scholarship could personnel were part of the U.S. response to and on the entire economy. It would be a help working parents finally afford to send Hurricane Mitch in Central America and recent multifaceted catastrophe. their child to a private school, while other par- earthquakes in El Salvador and India. Now that we understand that pleas are vul- ents could take advantage of the Hope credit nerable, the United States Government must to help purchase new computers for their chil- But when it comes to environmental emer- take every step to protect and defend Amer- dren’s school. I urge my colleagues to join gencies, under current law the military now ican citizens. The advanced technology need- with me in returning education resources to has less ability to help. Those are the situa- ed to protect American commercial airplanes the American people by cosponsoring my tions that are addressed by the bill I am intro- exists and is operation on U.S. military trans- Hope Plus Scholarship Act. ducing today. ports. The new system are advanced and are f much more successful than the previous sys- The International Environmental Defense tem of diversionary flares. The most modern INTRODUCTION OF INTERNATION- Act would fill a gap in current law so U.S. mili- systems, such as those installed on U.S. C17s AL ENVIRONMENTAL DEFENSE tary transport could be used not only for hu- and C5As, identify when a plane is threat- ACT manitarian, but also for environmental emer- ened, detect the source of the threat, jam the gencies. The bill does not require that this be guidance system of the incoming missiles and HON. MARK UDALL done—but it would authorize the Defense De- steer it off its flight path. Similar systems are OF COLORADO partment to do so, just as current law author- currently used on low-altitude military aircrafts. IN THE HOUSE OF REPRESENTATIVES The rapid deployment of this system is es- izes but does not require the transport of hu- sential for the safety of U.S. commercial flyers Wednesday, February 5, 2003 manitarian assistance to respond to other and is the clear responsibility of the U.S. Gov- Mr. UDALL of Colorado. Mr. Speaker, today emergencies. ernment to implement. I propose fully funding I am introducing the International Environ- As an illustration of the limitations of the the retrofitting of SAM defensive systems and mental Defense Act of 2003. current law, consider a recent case about beginning that process this year. The purpose of this bill is to clarify the au- which I have first-hand knowledge. No one in this body would question that pre- thority of the Secretary of Defense to respond serving and protecting the people of the to environmental emergencies. It is cospon- In 2001, there was a very serious oil spill in United States is our most important and sa- sored by my colleagues from Colorado, Rep- the Pacific Ocean that threatened to contami- cred constitutional responsibility. At this critical resentative Joel Hafley. I greatly appreciate nate the Galapagos Islands. The government time in our Nation’s history we have two simul- his support. of Ecuador and people everywhere were very taneous crises and concerns: national security In times of natural disaster or other emer- concerned that this could imperil the world-fa- and economic security. The bill I introduce gencies, the United States for decades has mous wildlife of the islands and the rest of that today addresses both of these issues. This come to the aid of those in need—whether the unique ecosystem. They hastened to organize legislation would take the preventive step of crisis is the result of an earthquake in Turkey, a response. reducing risk to millions of travelers and create an erupting volcano in South America, or As part of that response, the Ecuadoran thousands of jobs through the retrofitting of deadly floods in some other part of the world. Government was in contact with a company in the defensive technologies. When the need arises, the U.S. Government Colorado that makes a product to absorb oil Additionally, this bill will boost our airline in- provides humanitarian assistance through the from sea water. But complications arose, and dustry. Recent surveys have shown that be- U.S. Agency for International Development, the company contacted my office to see if we tween one-fifth to one-third of Americans are the State Department, the Defense Depart- restricting their flying because of fears of ter- ment, and other federal agencies. It also con- could help resolve them. rorism. Our government and the airline indus- tracts with private voluntary agencies to pro- As we explored the situation, we learned try are working closely together to restore full vide such assistance and coordinates the U.S. that while the government of Ecuador was in- consumer confidence in the safety of our com- response with that of other countries. terested in acquiring the Colorado company’s mercial air system. Implementing a robust and The American military has an outstanding product, they also wanted to arrange for the effective defense system for our commercial record of participation in these activities. All United States to transport it to Ecuador by jet fleet would further accelerate the process Americans take pride in the humanitarian as- of making Americans feel safer when they fly, military aircraft, because that would be quicker sistance provided by the men and women of and cheaper than other alternatives. But when and help the economic recovery of U.S. air our armed services. carriers. The estimated cost of $10.2 billion for we contacted the Defense Department to see I strongly support this policy. It is the right if there was a possibility that could be ar- a system of 6,800 commercial jets at a unit thing to do, and in the best interests of our ranged, we learned about the limitations of price of $1.5 million will be offset by these country as well as of people everywhere. Hu- current law. In short, we learned that while economic benefits. The unit cost could drop manitarian assistance is critical to help com- even lower in mass production. munities or regions or whole countries recover military transport might be possible to provide Mr. Speaker, I fully realize that a ten billion humanitarian relief, that option was not avail- expenditure is significant. But it is not prohibi- from devastating natural or man-made events. But global emergencies come in other forms able to respond to an environmental emer- tive. The only thing that would be prohibitive gency. would be for this Congress to be negligent in as well—including environmental emergencies our responsibility to protect the people of our such as oil or chemical spills or other similar The bill I am introducing today would great Nation. Let us not gather together in occurrences. They may not have the imme- change that—not by requiring the military to grief the morning after a catastrophe and won- diate impact on people of homes destroyed in provide transport in such a case, but by pro- der what we could have done to prevent it. an earthquake or of crops lost to drought. But viding that option in case the U.S. Govern- We know what can be done. Let’s do it. by polluting waterways, killing fish or other ment should decide it would be appropriate. f species, or contaminating the air, water, or Perhaps this would have been useful authority land, environmental disasters can have dev- HOPE PLUS SCHOLARSHIP ACT for the military to have when the Prestige astating effects on the health and well-being of broke up off the northwest coast of Spain in people, wildlife, and ecosystems. November 2002. HON. RON PAUL So, wherever they occur, environmental OF TEXAS emergencies have the potential to affect the Mr. Speaker, this is not a far-reaching bill. IN THE HOUSE OF REPRESENTATIVES national interest of the United States. And our But I think it would provide useful authority for Wednesday, February 5, 2003 government—including our military forces— our country to respond to environmental prob- Mr. PAUL. Mr. Speaker, I rise to introduce should have the same ability to respond as in lems that, ultimately, can affect us and the the Hope Plus Scholarship Act, which extends the case of other emergencies. rest of the world.

VerDate Jan 31 2003 02:12 Feb 07, 2003 Jkt 019060 PO 00000 Frm 00020 Fmt 0626 Sfmt 0634 E:\CR\FM\A05FE8.088 E06PT1 February 6, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E159 PAYING TRIBUTE TO JANET strong and when young people can find the country as large and diverse as America. IRVINE support they need. Block grants do not solve this problem as they Runaway situations among our nation’s simply allow states and localities to choose HON. SCOTT McINNIS young people are a widespread problem. One the means to reach federally-determined ends. OF COLORADO out of every seven children and youth in the Returning control over the education dollar IN THE HOUSE OF REPRESENTATIVES United States runs away from home at some for tax credits for parents and for other con- time before the age of 18. Although some re- cerned citizens returns control over both the Wednesday, February 5, 2003 turn home after a short time, others remain on means and ends of education policy to local Mr. MCINNIS. Mr. Speaker, it is with great the streets and never go home. Studies have communities. People in one community may pride that I rise today to recognize Janet Irvine shown that 1.3 million runaway youth are on use this credit to purchase computers, while of Fruita, Colorado. Through a program called the streets each day. children in another community may, at last, Adopt-a-Platoon, Janet has adopted three pla- Because today’s young people are tomor- have access to a quality music program be- toons of our nation’s soldiers in Afganistan row’s adults, preventing youth from running cause of community leaders who took advan- that she corresponds with on a regular basis. away is a family, community and national pri- tage of the tax credit contained in this bill. Today, I would like to pay tribute to Janet’s ef- ority. Our country needs an educated work- Children in some communities may benefit forts and goodwill before this body of Con- force, charismatic leaders and a stable soci- most from the opportunity to attend private, gress and this nation. ety. parochial, or other religious schools. One of The Adopt-a-Platoon program was first es- Each November, nationwide activities take the most encouraging trends in education has tablished in 1998 as a way for citizens to place to increase public awareness of the life been the establishment of private scholarship boost moral and show encouragement for circumstances of at risk youth. This resolution programs. These scholarship funds use vol- American soldiers serving in Bosnia. Today, will show that Congress supports those edu- untary contributions to open the doors of qual- Adopt-a-Platoon is playing an integral role in cational activities aimed at ensuring safe, ity private schools to low-income children. By boosting the morale of over 12,000 soldiers healthy and productive youth. I am hopeful providing a tax credit for donations to these that are currently fighting the war on terrorism that recognition of this issue will prevent other programs, Congress can widen the edu- in Afganistan. Over the past year, Janet has young people from running away and stress cational opportunities and increase the quality become one of the organizations most loyal the importance of families and communities. of education for all children. Furthermore, pri- volunteers, mailing countless letters and bak- f vately-funded scholarships raise none of the ing innumerable batches of cookies to show concerns of state entanglement raised by pub- her grateful appreciation for our soldiers serv- EDUCATION IMPROVEMENT TAX licly-funded vouchers. ing abroad. CUT ACT There is no doubt that Americans will al- Although Janet dedicates much of her own ways spend generously on education, the personal time and energy toward supporting HON. RON PAUL question is, ‘‘who should control the education our nation’s military, she has also encouraged OF TEXAS dollar—politicians and bureaucrats or the others to assist in her efforts. The Fruita IN THE HOUSE OF REPRESENTATIVES American people?’’ Mr. Speaker, I urge my Monument High School’s Interact Club and the Wednesday, February 5, 2003 colleagues to join me in placing control of edu- students of Sue Chamberlain’s and Marty cation back in the hands of citizens and local Hardrick’s classes at Shelby Elementary have Mr. PAUL. Mr. Speaker, I rise to introduce communities by sponsoring the Education Im- also assisted in the effort, writing scores of let- the Education Improvement Tax Cut Act. This provement Tax Cut Act. act, a companion to my Family Education ters showing their support and appreciation. f The significance of her efforts have not gone Freedom Act, takes a further step toward re- unnoticed by the soldiers she writes to, and turning control over education resources to pri- INTRODUCTION OF FEDERAL LAB- many have written back to express their per- vate citizens by providing a $3,000 tax credit ORATORY EDUCATIONAL PART- sonal gratitude. for donations to scholarship funds to enable NERS ACT OF 2003 Mr. Speaker, it is with great appreciation low-income children to attend private schools. that I recognize Janet Irvine before this body It also encourages private citizens to devote HON. MARK UDALL of Congress and this nation. Janet’s selfless more of their resources to helping public OF COLORADO support and encouragement of the men and schools, by providing a $3,000 tax credit for IN THE HOUSE OF REPRESENTATIVES cash or in-kind donations to public schools to women serving overseas in our nation’s mili- Wednesday, February 5, 2003 tary is making a very personal contribution to support academic or extra curricular programs. our effort to rid the world of terrorism. Her I need not remind my colleagues that edu- Mr. UDALL of Colorado. Mr. Speaker, today commitment and dedication has served as an cation is one of the top priorities of the Amer- I am introducing the Federal Laboratory Edu- inspiration to us all, and it is and honor to rep- ican people. After all, many members of Con- cational Partners Act of 2003, a bill that would resent such an outstanding American in this gress have proposed education reforms and a permit the National Renewable Energy Lab- Congress. Keep up the good work, Janet. great deal of time is spent debating these pro- oratory (NREL) and other Department of En- posals. However, most of these proposals ei- ergy laboratories to use revenue from their in- f ther expand federal control over education or ventions to support science education activi- INTRODUCING A RESOLUTION CON- engage in the pseudo-federalism of block ties. The bill is cosponsored by my colleague CERNING NATIONAL RUNAWAY grants. Many proposals that claim to increase from Colorado, Representative BOB BEAUPREZ. PREVENTION MONTH local control over education actually extend I greatly appreciate his support. federal power by holding schools ‘‘account- The Federal Laboratory Educational Part- HON. STEVE ISRAEL able’’ to federal bureaucrats and politicians. Of ners Act would amend the Stevenson-Wydler OF NEW YORK course, schools should be held accountable Technology Innovation Act of 1980. Under the IN THE HOUSE OF REPRESENTATIVES for their results, but they should be held ac- Stevenson-Wydler Act, federal labs can use li- countable to parents and school boards not to censing royalties, sometimes called Bayh-Dole Wednesday, February 5, 2003 federal officials. Therefore, I propose we move revenues, for five purposes. These include re- Mr. ISRAEL. Mr. Speaker, I rise today to re- in a different direction and embrace true fed- warding laboratories’ scientific employees; fur- introduce a resolution that recognizes the eralism by returning control over the education thering scientific exchange among labora- goals and ideals of National Runaway Preven- dollar to the American people. tories; educating and training laboratories’ em- tion Month, which is sponsored by two organi- One of the major problems with centralized ployees consistent with the labs’ research and zations that work with runaway youth: the Na- control over education funding is that spending development missions; covering expenses in- tional Network for Youth and the National priorities set by Washington-based Represent- cidental to the laboratories’ administration and Runaway Switchboard. atives, staffers, and bureaucrats do not nec- licensing of intellectual property; and con- This resolution will bring national attention to essarily match the needs of individual commu- ducting scientific research and development, the important issue of runaway kids and re- nities. In fact, it would be a miracle if spending again consistent with the labs’ research and mind parents of the importance of effectively priorities determined by the wishes of certain development missions. communicating with their children. All of the politically powerful representatives or the theo- My bill would amend the fifth purpose to add conditions that lead young people to leave ries of Education Department functionaries educational assistance as another permitted their homes are preventable when families are match the priorities of every community in a use of licensing royalties.

VerDate Jan 31 2003 02:12 Feb 07, 2003 Jkt 019060 PO 00000 Frm 00021 Fmt 0626 Sfmt 9920 E:\CR\FM\K05FE8.009 E06PT1 E160 CONGRESSIONAL RECORD — Extensions of Remarks February 6, 2003 Federal laboratories, especially the Depart- PAYING TRIBUTE TO WILLIAM the ‘‘open space bond bill’’ and the ment of Energy’s national laboratories, with PRESCOTT ALLEN, JR. ‘‘brownfields bill.’’ Mr. Durand was also the au- their high concentrations of scientists and en- thor of the Community Preservation Act. After gineers, are uniquely positioned to aid sur- HON. SCOTT McINNIS only two years as Secretary of Environmental rounding communities in improving the learn- OF COLORADO Affairs, Mr. Durand used the limited financial ing experience of their students. Currently, IN THE HOUSE OF REPRESENTATIVES resources at hand with unprecedented innova- NREL conducts some science education ac- tion to protect more than 100,000 acres of tivities using funds provided by private Wednesday, February 5, 2003 open space. He introduced a biodiversity pro- sources, including funds from companies that Mr. MCINNIS. Mr. Speaker, I would like to gram to help protect both open space and the operate the lab—the midwest Research Insti- take this opportunity to pay tribute to the Commonwealth’s animal and plant species. tute, Battelle, and Bechtel. But enabling NREL memory of an accomplished Colorado pub- Mr. Durand also initiated an environmental to use licensing revenues would give the lab lisher, William Prescott Allen, Jr., of Montrose. education program in elementary and sec- greater flexibility. Mr. Allen recently passed away, leaving be- ondary schools throughout Massachusetts, Even without the expansion of permitted hind a legacy of business and community while taking the time to visit many of the uses of licensing revenues that this bill would leadership. As his family mourns his loss, I schools himself. enable, NREL has conducted a number of would like to take this time to highlight his life One of Mr. Durand’s more famous accom- science education programs with private funds before this body of Congress and this nation. plishments was the River Protection Act, and some funds from the Department of En- Raised in Texas, William and his wife, which protects over 9,000 miles of rivers and ergy and other federal agencies. Grace, relocated to Montrose, Colorado after streams. After working on this extensive pro- For instance, NREL initiated the Coalition he returned home from the Army during World tective measure for seven years, Mr. Durand for Learning Opportunities and United Tutors War II. In 1944, the Allen family bought the saw his bill signed into law in 1996. As a cele- (CLOUT) program in 1998. CLOUT began as local paper, the Montrose Daily Press. After bration, Mr. Durand and then Governor Wil- a pilot program matching 200 volunteers with gaining experience as a reporter and working liam F. Weld jumped into the Charles River, a fourth graders in 17 Denver public schools at other family-owned newspapers, William be- delightful moment not soon forgotten. who needed help with reading. The program came publisher of the Daily Press in 1948, a Mr. Speaker, I commend Mr. Durand for the has grown to be a great success. position he would hold for 38 years. Then, in many years he has spent preserving the envi- Another example is NREL’s Junior Solar 1997, William sold the paper after 53 years of ronment of Massachusetts. I have enjoyed Sprint, which celebrated its twelfth year in Allen family ownership. working with Mr. Durand on environmental 2002. This annual event gives students the William remained active in the community issues throughout the years, and look forward chance to design, build, and race vehicles during his lifetime. He served as a charter to working with him in the future, as we seek whose only energy source is sunlight. Each member in several local organizations, includ- ways to further protect Massachusetts’ envi- team starts with a motor and a silicon solar ing the Montrose Industrial Development Cor- ronment. I am sure that the entire House of cell, and teams are awarded design trophies poration, the Montrose Kiwanis Club, the Ute Representatives joins me in thanking Mr. based on technology, craftsmanship, and inno- Indian Museum, and the Uncompahgre Knife Durand for many years of hard work in pro- vation. and Fork Club. William will be remembered for tecting our environment. A third example is NREL’s Columbine Spirit his contributions in the community and his f Scholarship at the Colorado School of Mines. leadership of the Daily Press. It was established in 1999 by the contractors Mr. Speaker, I stand today to honor William HONORING THE 10TH ANNIVER- that operate NREL, MRI, Battelle and Bechtel. Allen Jr.’s memory before this body of Con- SARY OF THE EAST BAY CON- The three companies gave an initial $25,000 gress and this nation. I extend my sincere VERSION AND REINVESTMENT to endow the fund, which is used to award condolences to his wife and family. William COMMISSION scholarships to graduates of Columbine and Allen was a great contributor to the state of other Jefferson County high schools through Colorado and the community of Montrose and HON. BARBARA LEE the Colorado School of Mines Foundation. The he will be greatly missed. OF CALIFORNIA scholarship is offered first to Columbine grad- f IN THE HOUSE OF REPRESENTATIVES uates who are pursuing degrees in disciplines Wednesday, February 5, 2003 related to the laboratory’s research and devel- HONORING BOB DURAND, FORMER opment mission. MASSACHUSETTS SECRETARY Ms. LEE. Mr. Speaker, I rise today to honor These three examples help us understand OF THE EXECUTIVE OFFICE OF the East Bay Conversion and Reinversion the importance of science education activities ENVIRONMENTAL AFFAIRS Commission for its great contributions to Ala- associated with federal laboratories and what meda County for the past 10 years. they can mean for their surrounding commu- HON. JAMES P. McGOVERN In 1993, Congress authorized four pilot nities. But because of the narrowness of cur- OF MASSACHUSETTS projects charged with seeking ways to improve rent provisions in law, NREL and other labs IN THE HOUSE OF REPRESENTATIVES the defense conversion process. Then-Con- are not able to utilize licensing revenues to gressman Ronald V. Dellums of California’s support any of the activities outlined above or Wednesday, February 5, 2003 Ninth District convened the EBCRC to man- any other science education programs. As a Mr. MCGOVERN. Mr. Speaker, I rise today age one project in Alameda County, California. result, NREL and other labs must depend on to join the citizens of Massachusetts in hon- Members included elected officials, as well as private funds for the bulk of its science edu- oring Mr. Bob Durand, former Secretary of the representatives of public agencies, community cation activities, which unnecessarily restricts Executive Office of Environmental Affairs for groups, labor unions, educational institutions, what these labs can do in this area. My bill the Commonwealth of Massachusetts. business organizations, environmental advo- would expand the law to allow greater flexi- Mr. Durand has been an environment lover cacy groups and the military. bility. his entire life. He has proven his love of the Since its inception, the EBCRC has had an Licensing revenues have grown markedly environment as a member of the Massachu- impressive track record in assisting base clo- over the years as the technologies NREL has setts Legislature and as the Secretary of Envi- sure communities locally and nationally. It has created have gained wide acceptance. It ronmental Affairs. Before, during, and after his developed sound economic strategies to re- makes sense to me that we should give the appointment to the Executive Office of Envi- place lost jobs and reuse dormant facilities. labs a bit more freedom to spend these funds, ronmental Affairs by long time friend and Under contract with the Department of De- especially on pursuits as worthwhile as former Governor Paul Cellucci, Mr. Durand fense, the EBCRC has conducted two national science education which can expose young worked on a myriad of environmental improve- studies examining the challenges and difficul- people to the excitement and relevance of ca- ments solutions. ties that accompany the base closure process reers in science and technology. Mr. Durand has worked closely with groups and have published two internationally ac- Research is an investment in the future. I like MassPIRG, the Audubon Society, and the claimed reports, Defense Conversion: A Road believe the integration of research and science Environmental League of Massachusetts. He Map for Communities, and The Upside of education to take advantage of the unique re- was a powerful environmental advocate during Base Closure: Tools for Reinvesting in Com- sources and facilities of the Department of En- his tenure as a member of the Massachusetts munities. ergy’s national laboratories and research facili- State Senate. His accomplishments are vast in The East Bay Conversion and Reinvestment ties should be a high priority. number. The two that I find most important are Commission has helped bring over $50 million

VerDate Jan 31 2003 02:12 Feb 07, 2003 Jkt 019060 PO 00000 Frm 00022 Fmt 0626 Sfmt 9920 E:\CR\FM\A05FE8.094 E06PT1 February 6, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E161 of Federal support into Alameda County since that the United States is involved in a difficult traffic controllers as new technology and 1993. These monies have gone to success- struggle to maintain our preeminence in the procedures are added to the nation’s infra- fully close the bases and spur economic rede- aerospace field, both commercially and mili- structures. Establishing a program of scholarships to velopment on these former military facilities. In tarily. help replenish the nation’s pool of aero- this vein, the EBCRC launched a small busi- In January of 2001, the European Union un- nautical engineers. ness development and assistance program to veiled its plan for gaining dominance in the Tackling the problem of delays in and aid former base employees start their own global aerospace market entitled, ‘‘European unreliability of the air transportations sys- businesses. The Workers to Business Owners Aeronautics: A Vision for 2020.’’ This plan lays tem directly by authorizing funds for NASA National Demonstration Project has generated out an ambitious, $93 billion, 20-year agenda to work with NOAA on research to improve millions of dollars in economic activity and cre- for winning global leadership in aeronautics significantly the reliability of 2 to 6 hour aviation weather forecasts. ated hundreds of new jobs. and aviation. In stark contrast to the vision set Providing a significant funding to allow in- To further assist small businesses, The by the Europeans, the U.S. has cut by half its creased attention to environment and en- EBCRC established the Defense Conversion expenditures on aeronautics research & devel- ergy-related projects and for research on in- Revolving Loan Fund to provide access to opment (R&D) over the past two decades. creasing the capacity, efficiency and safety capital to businesses unable to secure loans This downward trend has coincided with a of the air traffic system. from traditional lenders. With $1 million cur- similar trend in the U.S. share of the world The basic premise of the legislation is that rently in the fund and expected growth to $20 aerospace market, which declined from about the U.S. can best meet the R&D challenge million, the fund targets financially disadvan- 70 percent of the global market to less than mounted by the Europeans and others through taged businesses and provides pre- and post- 50 percent now. In fact, the recently com- focused R&D investments that will enable fu- loan technical assistance to help its cus- pleted report of the Presidential Commission ture aircraft and rotorcraft technologies that tomers. As a result of these efforts, the on the Future of the Aerospace Industry are extremely quiet, fuel-efficient, and low in EBCRC has made loans to eight small busi- echoed these concerns and stated that ‘‘The emissions of carbon dioxide and nitrogen ox- nesses totaling $1,046,000. These eight com- United States must maintain its preeminence ides. The development of such aircraft will en- panies will precipitate $24 million in business in aerospace research and innovation to be a able the U.S. aviation industry to dominate an- activity, create more than 75 new jobs, and global aerospace leader in the 21st century,’’ ticipated aviation markets, as well as create support several hundred direct and indirect and that ‘‘government policies and invest- new markets in cities and regions whose air- jobs. ments in long-term research have not kept ports have been underutilized because of per- To date, the EBCRC has introduced new pace with the changing world.’’ In fact, the ceived negative environmental impacts. In ad- economic activity and jobs to six former mili- Commission recommended that ‘‘the federal dition, the new aviation capabilities could allow tary bases in Alameda County. It has reached government significantly increase its invest- innovative approaches to meeting the future out to nearly 250 businesses and provided ment in basic aerospace research, which en- demand for travel by the American public, support to more than half of those. Reporting hances U.S. national security, enables break- open up new possibilities for the future na- businesses indicated nearly $9 million in new through capabilities, and fosters an efficient, tional air traffic management system, and contracts, millions in lease revenues for the secure and safe aerospace transportation sys- make aerospace technologies more environ- cities of Alameda and Oakland, and nearly $7 tem’’. mentally friendly. million in Local, State/Federal taxes. Redevel- It was as a result of these negative trends This year marks the 100th anniversary of opment at these bases is accelerating and and the importance for the long-term eco- Ohio’s own Wilbur and Orville Wright achiev- more than 2700 units of new housing is being nomic and security interest of the United ing the world’s first successful powered flight, built, 25 percent of which will be affordable States, that Mr. FORBES and I joined with a bi- thus leading the way for 100 years of Amer- units. Soon, the EBCRC will begin making partisan group of my colleagues to introduce ican domination in aviation. But now, facing First Time Home Buyer Home Mortgages to the Aeronautics Research and Development new and serious challenges, leadership will be low- and moderate-income-families. Revitalization Act of 2003. This bill, which last required to sustain our aerospace industry to I ask Congress to join me and the constitu- year received strong support in the other body make it as vibrant a symbol of America’s ents of the 9th Congressional District in cele- as well as in the House, establishes a broad- might in the 21st century as it was in the 20th. brating the 10th Anniversary of the East Bay based agenda to reinvigorate America’s aero- This legislation is an opportunity for the coun- Conversion and Reinvestment Commission nautics and aviation R&D enterprise and main- try to signal its commitment to a strong and and wishing them many more years of suc- tain America’s competitive leadership in avia- robust aviation sector and its intent to revi- cess and affirmative developments. tion by: talize it in the face of new global challenges. f Reversing the trend of declining Federal America has long recognized that its long-term investments in aeronautics and aviation strength and security, and its ability to reach REINTRODUCTION OF THE AERO- R&D by doubling funding over five years. NAUTICS RESEARCH AND DEVEL- and sustain high levels of economic growth, Funding is increased to $900 million in 2006 depends on maintaining its edge in scientific OPMENT REVITALIZATION ACT (approximately the level they were in 1998), and $1.15 billion in 2008. achievement and technological innovation. If Following the recommendations of the we lose our edge in the areas where we are HON. JOHN B. LARSON FAA’s Research, Engineering and Develop- most vibrant, as it is happening now, our eco- OF CONNECTICUT ment Advisory Committee, doubling funding nomic prospects will be dimmed and our secu- IN THE HOUSE OF REPRESENTATIVES over 5 years to $550 million in 2008. rity will be threatened. Aviation was born in Wednesday, February 5, 2003 Establishing a focal point for aeronautics America nearly 100 years ago; it is not slip- R&D by re-establishing an Office of Aero- ping to number 2 on our watch. Mr. LARSON of Connecticut. Mr. Speaker, nautics reporting directly to the NASA Ad- today the Distinguished Gentleman from Vir- ministrator. PAYING TRIBUTE TO JOSEPH ginia Mr. J. RANDY FORBES and I reintroduced Establishing an R&D initiative to develop HANNIGAN bi-partisan legislation designed to revitalize an technologies within a decade to build com- industry that is essential to maintaining this mercial no-noise, low-emissions, and be high- HON. SCOTT McINNIS country’s economic growth, technological su- ly-energy efficient. Establishing an R&D initiative directed at OF COLORADO periority, and military preeminence. reinvigorating the nation’s rotorcraft R&D IN THE HOUSE OF REPRESENTATIVES Since Orville and Wilbur Wright pioneering that will address the nation’s civil and mili- Wednesday, February 5, 2003 flight almost 100 years ago, aviation tech- tary needs for decades to come. nology in the United States has reached a Addressing the need for a long-term Fed- Mr. MCINNIS. Mr. Speaker, I would like to level of success and development unparalleled eral R&D effort to develop technologies for take this moment to pay tribute to an out- in world history. According to a recent report an environmentally-friendly, commercially- standing Coloradan who has given countless on ‘‘The National Economic Impact of Civil viable supersonic transport capable of flight volunteer hours in support of the National Aviation,’’ the total economic impact of civil over land. Weather Service Cooperative Weather Ob- Including independent review mechanisms aviation exceeded more than $900 billion and to ensure that the agency is pursuing tech- server Program. Joseph Hannigan of Nor- 11 million jobs to the U.S. economy in the nology concepts in a cost-effective manner. wood, Colorado has consistently contributed year 2000, roughly 9 percent of the total U.S. Authorizing the establishment of one or his time and efforts to his country by carefully gross domestic product. However, despite the more university-based centers for research in collecting and reporting weather data for his historical strength of this industry, it is clear aviation training for flight crews and air area. It is with great respect that I stand to

VerDate Jan 31 2003 02:12 Feb 07, 2003 Jkt 019060 PO 00000 Frm 00023 Fmt 0626 Sfmt 9920 E:\CR\FM\A05FE8.096 E06PT1 E162 CONGRESSIONAL RECORD — Extensions of Remarks February 6, 2003 honor a man who has dedicated so much of tion of our government. I congratulate the ‘‘I just want to see the actual documents,’’ his own time to such a selfless service. team members and their parents for this ex- Montemayor said. ‘‘I want to see the monu- The National Weather Service collects and traordinary achievement. I congratulate the ments, see all the places you see in the books.’’ maintains a database of daily climate reports team members and their parents for this ex- Other students on the team include Allison that is among the best in the world. National traordinary achievement. The members of the Glass, Gregory Goldsmith, Danessa Litam, Weather Service uses the data from that team are thirteen high school seniors; Erika Gisela Medina, Edwin Monroy, Kelly record to help forecast climate and weather Garcia, Brian Trautman, Victoria Montemayor, Monroy, Jeffrey Murray, Steffy Phillip, changes and issue weather warnings. The Na- Allison Glass, Gregory Goldsmith, Danessa Sabrina Tully and Brian van Burkleo. tional Oceanic and Atmospheric Administration Litam, Gisela Medina, Edwin Monroy, Kelly f also uses the data to understand and predict Monroy, Jeffrey Murray, Steffy Phillip, Sabrina REINTRODUCTION OF ROCKY climate trends. Estimates suggest that such Tully, Brian Van Burkleo. Ms. LeAnna Morse MOUNTAIN NATIONAL PARK WIL- climate predictions helped prevent up to one coached the team. I wish these students suc- DERNESS ACT billion dollars in damage from the devastating cess when they compete at the national com- effects of El Nino in California alone. petition in April, here in Washington, DC. But such an extensive and accurate data- In closing, I would like to share with my col- HON. MARK UDALL base cannot be created overnight. Our country leagues an article that ran in the McAllen OF COLORADO relies on dedicated volunteers like Joseph who Monitor highlighting the accomplishment of IN THE HOUSE OF REPRESENTATIVES take the time to make and report their weather these young constitutional scholars. Wednesday, February 5, 2003 observations as part of the Cooperative MCALLEN CONSTITUTION TEAM WINS 10TH Mr. UDALL of Colorado. Mr. Speaker, today Weather Observer program. The roots of the STATE TITLE I am again introducing a bill to designate as program reach as far back as 1644, when (By Juan Ozuna) wilderness most of the lands within the Rocky Reverend John Campanius Holm recorded the MCALLEN.—Hamilton, Madison and Frank- Mountain National Park, in Colorado. American Colonies’ first known weather obser- lin would be impressed with the McAllen Me- This legislation will provide important protec- vations. Then, in 1891, the Weather Bureau morial High School Constitution team. tion and management direction for some truly tackled the challenge given them to document The 13-member team comprised of high remarkable country, adding nearly 250,000 climate conditions in the United States. For school seniors was named state champion in acres in the park to the National Wilderness over one hundred years, the Weather Service the We The People, The Citizen and the Con- stitution competition in Austin Jan. 4. Preservation System. The bill is essentially has called on volunteers to gather the nec- It is the 10th time in 13 years the group has identical to one previously introduced by my essary measurements on weather factors such won the competition, sponsored by the State predecessor, Representative David Skaggs, as temperature and precipitation. With over Bar of Texas. and one I introduced in the 107th Congress. 11,000 volunteer observers contributing over ‘‘They really demonstrated an ability to Those bills in turn were based on similar one million service hours, it is significant to think on their feet,’’ said LeAnna Morse, a measures earlier proposed, including some by note that the National Weather Service has government teacher and the team’s coach. former Senator Bill Armstrong and others. chosen to recognize Joseph Hannigan with ‘‘I’m really proud of them.’’ Over a number of years my predecessor During the competition, each team is di- their most prestigious recognition, the John vided into groups of three. These trios each and I have worked with the National Park Campanius Holm Award. Considering Jo- face a panel of attorneys, educators and com- Service and others to refine the boundaries of seph’s 42 years of consistent service, he is munity leaders and make a three-minute the areas proposed for wilderness designation deserving of an award named after the very presentation on the Constitution. They an- and consulted closely with many interested first volunteer weather observer in the Amer- swer questions asked by the panel of judges parties in Colorado, including local officials ican Colonies. Mr. Speaker, it is my privilege and are awarded points for their answers. and both the Northern Colorado Water Con- to rise today to praise Joseph Hannigan for ‘‘This was a small team, so they had to servancy District and the St. Vrain & Left carry extra weight, and they really rose to Hand Ditch Water Conservancy District. These his dedicated service to the National Weather the occasion,’’ Morse said. Service before this body of Congress and this Teams usually have 15 members. To help consultations provided the basis for many of nation. He stands out as an example of the train the group, Morse asked some friends the provisions of the bill I am introducing cooperative spirit that has helped make this and other community people to come in to today, particularly regarding the status of ex- country great. From his efforts, combined with the class to act as judges for her team. isting water facilities. the work of countless others, our communities ‘‘We’d have practices and invite attorneys Covering some 94 percent of the park, the enjoy the economic, recreational, and safety and academics to judge them so they could new wilderness will include Longs Peaks and benefits that an accurate and timely weather have the full experience,’’ Morse said. ‘‘When other major mountains along the Great Conti- you practice, you always try to anticipate nental Divide, glacial cirques and snow fields, forecast affords them. I am honored to extend what questions you’ll be asked in the follow- my gratitude to Joseph and the many other up.’’ broad expanses of alpine tundra and wet volunteers for what they have accomplished. Mick West, history coordinator for meadows, old-growth forests, and hundreds of Keep up the good work! McAllen school district and a sponsor of the lakes and streams, all untrammeled by human f team, accompanied the students to the com- structures or passage. Indeed, examples of all petition, which he said was extremely com- the natural ecosystems that make up the HONORING THE MCALLEN MEMO- petitive. splendor of Rocky Mountain National Park are RIAL HIGH SCHOOL CONSTITU- ‘‘They did an outstanding job,’’ he said. ‘‘It included in the wilderness that would be des- TION TEAM was very close. They have a great reputa- tion.’’ ignated by this bill. Team member Erika Garcia said there was The features of these lands and waters that HON. RUBE´N HINOJOSA a lot of pressure on the students to perform make Rocky Mountain National Park a true OF TEXAS well because of their reputation. gem in our national parks system also make IN THE HOUSE OF REPRESENTATIVES ‘‘It’s good to know that we fulfilled that it an outstanding wilderness candidate. tradition one more year,’’ Garcia said. ‘‘Our The wilderness boundaries are carefully lo- Wednesday, February 5, 2003 sponsors have prepared us very well.’’ cated to assure continued access for use of Mr. HINOJOSA. Mr. Speaker, I rise today to Teammate Brain Trautman said he also existing roadways, buildings and developed acknowledge an outstanding group of young felt the heat of the competition, calling the areas, privately owned land, and areas where win ‘‘a relief.’’ scholars from my Congressional district. The ‘‘I’m really excited,’’ he said. ‘‘I can’t wait additional facilities and roadwork will improve McAllen Memorial High School Constitution to go to nationals to compete.’’ park management and visitor services. In ad- team recently won the Texas state title at the As the winning team, the McAllen Memo- dition, specific provisions are included to as- ‘‘We The People, The Citizen and the Con- rial High School students will be sent to sure that there will be no adverse effects on stitution’’ annual competition. Remarkably, this Washington, D.C., in April to compete continued use of existing water facilities. is the McAllen team’s 10th State win in 13 against the top team from each state. This bill is based on National Park Service years. They have also been successful nation- Though Morse’s teams have seen top-10 fin- recommendations, prepared more than 25 ally, finishing among the top ten finalists in 4 ishes at the national level, the highest they years ago and presented to Congress by ever placed is fourth. out of 10 appearances. Though also excited about being able to at- President Richard Nixon. It seems to me that, I am proud to represent a community that tend the national Constitution competition, in that time, there has been sufficient study, produces students with such a passion for Victoria Montemayor said she would be more consideration, and refinement of those rec- learning the democratic principles and founda- focused on the sights. ommendations so that Congress can proceed

VerDate Jan 31 2003 03:21 Feb 07, 2003 Jkt 019060 PO 00000 Frm 00024 Fmt 0626 Sfmt 9920 E:\CR\FM\K05FE8.011 E06PT1 February 6, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E163 with this legislation. I believe that this bill con- Mountain National Park in particular, good The bill would NOT: stitutes a fair and complete proposal, suffi- Park Service management over the past 83 create a new federal reserved water right; ciently providing for the legitimate needs of the years has kept most of the park in a natural instead, it includes a finding that the Park’s public at large and all interested groups, and condition. And all the lands that are covered existing federal reserved water rights, as de- deserves to be enacted in this form. by this bill are currently being managed, in es- cided by the Colorado courts, are sufficient include certain lands in the Park as wilder- It took more than a decade before the Colo- sence, to protect their wilderness character. ness, including Trail Ridge and other roads rado delegation and the Congress were finally Formal wilderness designation will no longer used for motorized travel, water storage and able, in 1993, to pass a statewide national for- leave this question to the discretion of the conveyance structures, buildings, developed est wilderness bill. Since then, action has Park Service, but will make it clear that within areas of the Park, some private inholdings been completed on bills designating wilder- the designated areas there will never be Existing Water Facilities ness in the Spanish Peaks area of the San roads, visitor facilities, or other manmade fea- Boundaries for the wilderness are drawn to Isabel National Forest as well as in the Black tures that interfere with the spectacular natural exclude existing storage and conveyance Canyon of the Gunnison National Park, the beauty and wildness of the mountains. structures assuring continued use of the Gunnison Gorge, the Black Ridge portion of This kind of protection is especially impor- Grand River Ditch and its right-of-way, the the Colorado Canyons National Conservation tant for a park like Rocky Mountain, which is east and west portals of the Adams Tunnel Area, and the James Peak area of the Arap- relatively small by western standards. As near- and gauging stations of the Colorado-Big aho, Roosevelt National Forests. by land development and alteration has accel- Thompson Project, Long Draw Reservoir, We now need to continue making progress erated in recent years, the pristine nature of and lands owned by the St. Vrain & Left regarding wilderness designations for deserv- the park’s backcountry becomes an increas- Hand Water Conservancy District—including Copeland Reservoir. ing lands, including other public lands in our ingly rare feature of Colorado’s landscape. Further, Rocky Mountain National Park’s The bill includes provisions to make clear state that are managed by the Bureau of Land that its enactment will not impose new re- Management. And the time is ripe for finally popularity demands definitive and permanent strictions on already allowed activities for resolving the status of the lands within Rocky protection for wild areas against possible pres- the operation, maintenance, repair, or recon- Mountain National Park that are dealt with in sures for development with the park. While struction of the Adams Tunnel, which di- the bill I am introducing today. only about one tenth the size of Yellowstone verts water under Rocky Mountain National All Coloradans know that the question of National Park, Rocky Mountain sees nearly Park (including lands that would be des- possible impacts on water rights can be a pri- the same number of visitors each year as ignated by the bill) or other Colorado-Big Thompson Project facilities, and that addi- mary point of contention in Congressional de- does our first national park. At the same time, designating these care- tional activities for these purposes will be bates over designating wilderness areas. So, allowed should they be necessary to respond it’s very important to understand that the ques- fully selected portions of Rocky Mountain as wilderness will make other areas, now re- to emergencies and subject to reasonable re- tion of water rights for Rocky Mountain Na- strictions. stricted under interim wilderness protection tional Park Wilderness is entirely different from f many considered before, and is far simpler. management, available for overdue improve- To begin with, it has long been recognized ments to park roads and visitor facilities. RECOGNITION OF J. MICHAEL So, Mr. Speaker, this bill will protect some under the laws of the United States and Colo- DORSEY of our nation’s finest wild lands. It will protect rado, including a decision of the Colorado Su- existing rights. It will not limit any existing op- preme Court, that Rocky Mountain National portunity for new water development. And it HON. ROBERT W. NEY Park already has extensive federal reserved will affirm our commitment in Colorado to pre- OF OHIO water rights arising from the creation of the serving the very features that make our State IN THE HOUSE OF REPRESENTATIVES national park itself. such a remarkable place to live. So, I think the Wednesday, February 5, 2003 This is not, so far as I have been able to bill deserves prompt enactment. Mr. NEY. Mr. Speaker, we rise to thank and find out, a controversial decision, because I am attaching a fact sheet that outlines the recognize J. Michael Dorsey for his out- there is a widespread consensus that there main provisions of this bill: should be no new water projects developed standing service and contributions to the ROCKY MOUNTAIN NATIONAL PARK WILDERNESS House community during his tenure beginning within Rocky Mountain National Park. And, ACT since the park sits astride the continental di- Rocky Mountain National Park January 1, 1995. Because of his distinguished legal career, vide, there’s no higher land around from which Rocky Mountain National Park, one of the streams flow into the park, so there is no pos- nation’s most visited parks, possesses some Mike was asked to serve as the first Adminis- sibility of any upstream diversions. And it’s im- of the most pristine and striking alpine eco- trative Counsel in the Office of the Chief Ad- portant to emphasize that in any event water systems and natural landscapes in the conti- ministrative Officer when the new House orga- rights associated with wilderness would nental United States. This park straddles nization was created in 1995. An ambitious amount only to guarantees that water will con- the Continental Divide along Colorado’s agenda to change the way the House oper- tinue to flow through and out of the park as it northern Front Range. It contains high alti- ated was proposed, and Mike was instru- always has. This preserves the natural envi- tude lakes, herds of bighorn sheep and elk, mental in accomplishing many of those goals. glacial cirques and snow fields, broad ex- A solid leader, Mike demonstrated the ability ronment of the park, but it doesn’t affect panses of alpine tundra, old-growth forests downstream water use. and thundering rivers. It also contains Longs to effectively juggle many competing priorities. The bottom line is that once water leaves Peak, one of Colorado’s 54 fourteen thou- In addition to keeping the CAO legally and the park, it will continue to be available for di- sand-foot peaks. ethically pure, he also served as interim Asso- version and use under Colorado law regard- The Bill ciate Administrator for the Office of Procure- less of whether or not lands within the park The bill is based on one introduced by Rep. ment and Human Resources. He initiated and are designated as wilderness. UDALL in the 106th and 107th Congresses and contributed to business process improve- These legal and practical realities are re- similar legislation proposed by former Con- ments, provided legal guidance to House staff, flected in my bill—as in my predecessor’s—by gressman David Skaggs and others pre- developed policies, and applied his expertise inclusion of a finding that because the park al- viously. It would: in the areas of contracting, negotiation, and ready has these extensive reserved rights to designate about 249,562 acres within Rocky legal disputes. water, there is no need for any additional res- Mountain National Park, or about 94 percent Most recently, Mike’s professionalism, patri- of the Park, as wilderness, including Longs otism, and steadfastness served the House ervation of such right, and an explicit dis- Peak—the areas included is based on the rec- claimer that the bill affects any such reserva- ommendations prepared over 25 years ago by well under historic and trying times. He met tion. President Nixon with some revisions in the challenges of September 11, 2001, the Some may ask, why should we designate boundaries to reflect acquisitions and other subsequent anthrax evacuation of House of- wilderness in a national park? Isn’t park pro- changes since that recommendation was sub- fices, and on-going mail process activities with tection the same as wilderness, or at least as mitted patience, excellence, and reasoned judgment. good? The answer is that the wilderness des- designate about 1,000-acres as potential Mike is a team player, known for his integ- ignation will give an important additional level wilderness until non-conforming structures rity, fairness, principles, dedication, and solid are removed of protection to most of the park. provide that if non-federal inholdings with- steady demeanor. He has made a dif- Our national park system was created, in in the wilderness boundaries are acquired by ference—he has made the House a better part, to recognize and preserve prime exam- the United States, they will become part of place. As he leaves us on February 14, he will ples of outstanding landscape. At Rocky the wilderness and managed accordingly continue to serve our nation in areas of critical

VerDate Jan 31 2003 02:12 Feb 07, 2003 Jkt 019060 PO 00000 Frm 00025 Fmt 0626 Sfmt 9920 E:\CR\FM\A05FE8.101 E06PT1 E164 CONGRESSIONAL RECORD — Extensions of Remarks February 6, 2003 importance. He has served the House and our our enemies are engaged and determined to RECOGNIZING THE AMERICAN country as a true patriot, and we extend our develop and expand their supply of chemical FROZEN FOOD INSTITUTE ON thanks to him for his service, and wish him all weapons, when we continue to face a terror- THE OCCASION OF ITS 60TH AN- the best for continued success. ists threat at home, and when more and more NIVERSARY f of our troops are stationed oversees, we need effective vaccine production. We cannot afford HONORING MR. DAVID SEIM HON. C.L. ‘‘BUTCH’’ OTTER to slow research and development, or experi- OF IDAHO ence a critical shortage of vaccines. IN THE HOUSE OF REPRESENTATIVES HON. LARRY COMBEST But this is precisely what is occurring today. Wednesday, February 5, 2003 OF TEXAS Personal injury lawyers, who would like the IN THE HOUSE OF REPRESENTATIVES larger fee that they might receive through liti- Mr. OTTER. Mr. Speaker, I rise today to recognize the American Frozen Food Institute Wednesday, February 5, 2003 gation, are chipping away at the Vaccine Act in our Nation’s courtrooms. They are trying to (AFFI) on the occasion of its 60th Anniversary Mr. COMBEST. Mr. Speaker, I rise today to distinguish injuries allegedly related to ingredi- of service to the food industry. AFFI is the call my colleagues’ attention to an honor re- ents contained in vaccines, such as preserva- only national trade association representing cently bestowed on my constituent and friend, tives, from the vaccine itself, in order to es- the entire spectrum of frozen food profes- Mr. David Seim. cape the no-fault system. The courts have sionals, including processors, suppliers of Recently, David was awarded the Rita Har- done a good job at rejecting these attempts. goods and services, transporters and market- mon Volunteer Service Award from the Lub- The provisions in the Homeland Security Act ers. bock Area United Way in recognition of his simply sought to codify these decisions, pre- Like other complex enterprises, the frozen lifetime of community service. David’s work serve the intent of Congress in establishing food industry benefits not only from competi- with various organizations such as the South the Vaccine Program, and ensure that the in- tion, but also from cooperative, coordinated Plains Council of the Boy Scouts of America, jured receive speedy and fair compensation. action. Launched in 1942 by 19 frozen fruit the Lubbock Country Club, the Southwest I continue to support the vaccine ingredient and vegetable packers, the National Associa- Lubbock Rotary Club, YWCA, Covenant provisions in the Homeland Security Act. I un- tion of Frozen Food Packers went on to be- Health System and Trinity Church exemplify derstand the provisions are being repealed come today’s American Frozen Food Institute. his selfless nature and dedication to the public without prejudice and not because of the sub- AFFI’s more than 500 member companies ac- good. Through his hard work and giving na- stance. I am confident that these provisions count for over 90 percent of the total annual ture, the Lubbock community has benefited will proceed through the House and be en- production of frozen food in the United States, immensely. acted. By reenacting the provisions, I believe valued at more than $60 billion. David attended Texas Tech and graduated Congress will address the issue in a manner AFFI works to ensure that nourishing and from the Southern Methodist University’s that ensures the broad availability of vaccines convenient frozen foods are continually abun- Graduate School of Banking. While he works for the American people. dant, reliable, varied, satisfying and economi- for Plains Capitol Corp. in Dallas, he still lives cal. During its years of growing use and popu- f in Lubbock and continues to serve as a board larity, the technology of frozen foods has member of the Lubbock Area United Way. PAYING TRIBUTE TO WAYNE earned its place among modern America’s It is with great pleasure, Mr. Speaker, that HARRISON constructive innovations. I honor this dedicated man for his commitment When Clarence Birdseye, one March morn- to give back to his community. David Seim HON. SCOTT McINNIS ing in 1930, optimistically combined an inven- has given much of his life to serving his com- OF COLORADO tor’s creativity with a salesman’s confidence munity, and his efforts are greatly appreciated. IN THE HOUSE OF REPRESENTATIVES and arrayed his selection of neatly packaged, quick-frozen foods into a grocery store display I wish to congratulate David on his recent Wednesday, February 5, 2003 award and thank him for his continuing dedi- case in Springfield, Massachusetts, he inaugu- cation to the public good. Mr. MCINNIS. Mr. Speaker, it is with great rated an industry that would forever change pride that I rise today to recognize Major f the way the world eats. Wayne Harrison of Dolores, Colorado. Re- The industry’s momentum initially was driv- VACCINE INGREDIENT PROVISIONS cently, Major Harrison was recognized for his en by the economy and convenience of frozen years of service in the Civil Air Patrol and foods. However, a further reality ultimately HON. ROY BLUNT awarded a Springfield M-14 rifle. Today, I would ensure their enthusiastic endorsement OF MISSOURI would like to pay tribute to Major Harrison’s by health experts: frozen foods supply supe- IN THE HOUSE OF REPRESENTATIVES career and accomplishments before this body rior nutrition. Following years of scientific stud- of Congress and this nation. ies at the University of Illinois, the U.S. Food Wednesday, February 5, 2003 Major Harrison began his career in the Civil and Drug Administration concluded in 1998 Mr. BLUNT. Mr. Speaker, the Homeland Se- Air Service as a cadet and moved up through that fruits and vegetables picked at peak curity Act of 2002 included provisions related the ranks to eventually teach cadets, passing freshness and immediately frozen contain as to vaccine injuries that have been misunder- on his knowledge of airplanes and flying. In many, and often more, nutrients than their raw stood and misconstrued. I believed then and fact, Wayne Harrison’s superiors were so im- equivalents. Moreover, for food of all kinds, now that these provisions are good public pol- pressed with his abilities that he was pro- modern freezing and packaging means unsur- icy: they clarify that vaccine injury claims in- moted to the position of aerospace officer only passed food safety, reliable product consist- volving vaccine ingredients, such as preserva- a short time after joining the Civil Air Patrol. ency, and year-round availability anywhere. tives, are subject to the same no-fault com- Serving in the position for three years, Wayne In addition, I would invite my colleagues to pensation system as other vaccine-related in- was then asked to become the commander of join Congressman CAL DOOLEY and me on juries established by the National Childhood his squadron and he accepted. September 25 at the Frozen Food Filibuster, a Vaccine Injury Act of 1986. The alternative is Although the new position and added re- reception showcasing the variety of frozen needless, time consuming, and expensive liti- sponsibility would be a challenge, Major Har- foods here in the Cannon Caucus Room. Con- gation that is not in the best interests of those rison also saw the promotion as an oppor- gressman DOOLEY and I are co-chairmen of who believe they have been injured. tunity to help his fellow cadets. Over the the frozen food caucus on Capitol Hill. Caucus Congress established the Vaccine Program years, Major Harrison used his position to participants are Members of Congress who in 1986 for two reasons. The first was to pro- serve as a role model to his cadets and have AFFI member companies’ headquarters vide definite, speedy, and generous com- helped many of them go on to colleges, mili- or plants located within their district, or an in- pensation for those who suffer from vaccine- tary academies, and into the armed forces. terest in the food industry in general. The In- related injuries. The second was to address Mr. Speaker, it is with great pride that I rec- stitute briefs the membership periodically on litigation and insurance costs that were spi- ognize Major Wayne Harrison before this body issues that affect their constituents who work raling out of control, which forced current man- of Congress and this nation. Major Harrison in the frozen food industry. Our goal is to en- ufacturers to leave the industry and discour- has served with the diligence, honor and in- sure the caucus is as active and innovative as aging others from developing important life- tegrity that Amercans have come to expect the nation’s frozen food companies. saving vaccines. from the Civil Air Patrol, and it is an honor to Mr. Speaker, I ask my colleagues to join me Now, of all times, is not the moment to allow represent such an outstanding American in in paying special tribute to the American Fro- the Vaccine Program to be dismantled. When this Congress. zen Food Institute. Our democratic institutions

VerDate Jan 31 2003 02:12 Feb 07, 2003 Jkt 019060 PO 00000 Frm 00026 Fmt 0626 Sfmt 9920 E:\CR\FM\A05FE8.104 E06PT1 February 6, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E165 are served well by having responsible industry a renowned abolitionist, Frederick Douglass, sons to dream of a future America that con- associations, who care about the active par- lived in Rochester, New York, where he pub- tinues to embrace the values of Upstate New ticipation of their companies in the legislative lished his newspaper, The North Star. York abolitionists, in new contexts. The hope and regulatory process. I am confident that William Seward, former senator of New of Auburn’s youngest generation of thinkers AFFI will continue to serve the food commu- York, governor of New York, and Secretary of reminded me of these words of Abraham Lin- nity for many years, well into the future. We State, remains one of the best-known aboli- coln, spoken in 1865 at his second inaugural wish them the very best on this special occa- tionists to hail from New York’s 24th Congres- address, and still relevant today: ‘‘With malice sion. sional District. Born and raised in the area, toward none, with charity for all, with firmness f Seward gave voice to his constituents’ outcry in the right as God gives us to see the right, against slavery. He and his wife, Frances, let us strive on to finish the work we are in; TRIBUTE TO UPSTATE NEW YORK- opened their home in Auburn, NY to fugitive to bind up the nation’s wounds.’’ ERS ON THE 140TH ANNIVER- slaves moving north along the Underground A COLLECTIVE ESSAY FROM FIFTH GRADERS SARY OF THE EMANCIPATION Railroad, and they became the personal AT OWASCO ELEMENTARY SCHOOL IN AU- PROCLAMATION friends of Harriet ‘‘Moses’’ Tubman, the iconic BURN, NY leader of the slave exodus to Canada. As a The Emancipation Proclamation was a so- HON. SHERWOOD BOEHLERT lawyer, Seward defended fugitive slaves in lution to the problem of slavery in the United States. President Abraham Lincoln OF NEW YORK court. During his early career in Congress he was influenced to write this document by IN THE HOUSE OF REPRESENTATIVES led the anti-slavery wing of the Whig party. abolitionists who wanted to see the system Wednesday, February 5, 2003 Many credit Seward’s radical statement that of slavery come to an end. This new Law Congress had to answer to a moral law ‘‘high- passed during the Civil War. Many of the Mr. BOEHLERT. Mr. Speaker, I rise today in er than the Constitution’’ as disqualifying him abolitionists who influenced President Lin- honor of the 140th anniversary of the Emanci- from running for President in 1860. When it coln were from the area that is today a part pation Proclamation celebrated on January 1, became clear that Lincoln would win the ticket of the 24th Congressional District of New of this year. I would like to take this oppor- of the Grand Old Party, then a grand young York State. Several of these abolitionists tunity to recognize the integral work of Central party, Seward campaigned tirelessly for Lin- were William Seward, Harriet Tubman, New Yorkers in the struggle to end slavery. coln, and was soon appointed Secretary of Emily Howland, Martha Coffin Wright, and During the troubled decades just before our Lucretia Coffin Mott. State under the new president. In that office, William Seward helped the cause of the Civil War, many citizens of what is now New Seward played a crucial role in the formation Emancipation Proclamation by persuading York’s 24th District joined, and led, fellow abo- of Lincoln’s anti-slavery policy. He drafted the President Lincoln to be more involved with litionists across the nation to help slaves gain Emancipation Proclamation alongside the abolishing slavery. As Lincoln’s Secretary of the freedom due to all Americans. Whether President, and the final document now bears State, he helped Lincoln write it. Seward they offered hounded refugees a place to hide his signature. was active in his belief that slavery must be for the night, educated former slaves, pub- Before the Civil War, Harriet Tubman abolished, he was a leader of the Anti-slav- lished activist newspapers, or spoke out in the bought a house from Seward in his hometown ery wing of the Whig party, used his home on chambers of Congress, these men and South Street in Auburn, New York, as a way of Auburn, NY, where she continued to con- station for the Underground Railroad and as women live on in the collective memory of our duct for the Underground Railroad despite the a publishing center for anti-slavery lit- nation as brave champions of basic human $40,000 reward posted for her capture. After erature. He became a good friend of Harriet rights and dignity. the Emancipation Proclamation, with the Tubman, a conductor on the Underground En route to Canada, houses and churches Promised Land a little closer, Ms. Tubman set- Railroad. Harriet Tubman, called the ‘‘Moses throughout Central New York formed some of tled down to a quieter life in Auburn. of her people’’, dedicated her life to the be- the main lines of the Underground Railroad. Those who fought to end slavery and so ex- lief that all people were equal and that slav- One heavily trafficked depot in Madison Coun- tend the rights of life, liberty, and the pursuit ery was evil. As a runaway slave, she showed great courage and dedication to her beliefs ty was the home of Garrett Smith, a philan- of happiness to truly all Americans won a thropist who gave much of his time, money, by leading more than three hundred slaves to great victory with the issuance of the Emanci- their freedom. Eventually Harriet Tubman and energy to the anti-slavery cause. I’m glad pation Proclamation, but the struggle did not bought a home in Auburn, New York and to have had the opportunity to dedicate end there. Amy Post, Martha Wright, Lucretia used it to care for the elderly and needy peo- Smith’s estate as a National Historic Land- Mott, Susan B. Anthony, and other abolition- ple. The dedication of Quakers to the aboli- mark last spring. Thanks to legislation signed ists and women’s rights activities, many of tion of slavery was also important in bring- by our distinguished Governor of New York, them from Upstate New York, organized a pe- ing about change. Emily Howland lived in George Pataki, in tandem with the Network to tition drive to gain the signatures of hundreds Sherwood, Cayuga County, New York. She was an educator who started schools in the Freedom Act, passed by Congress and signed of thousands of women calling for a constitu- by the president in 1998, many other stops South for freed slaves and used her home as tional amendment to end slavery. When the a way station for the Underground Railroad. along the Underground Railroad in Upstate petition was first presented to the Senate in Her beliefs that all were equal saw her turn New York have recently been brought to light February of 1864, nearly one-fifth of the signa- to the cause of women’s suffrage. She worked and preserved. tures came from New York State. By the end closely with Lucretia Mott and Susan B. An- Garrett Smith, who was born in my own of 1865 the Thirteenth Amendment was law. thony in the fight for equality for women. hometown of Utica and lived most of his life in I hope my colleagues will join me in ap- Lucretia Coffin Mott and her sister Martha Peterboro, was elected president of the na- plauding the historic legacy of freedom and Coffin Wright, a resident of Auburn, New tionally prominent New York State Anti-Slavery York, were also Quakers, who belonged to human rights left by the good people of Up- the American Anti-slavery Society and Society on October 22, 1835, at the organiza- state New York. formed the Female Anti-Slavery Society. tion’s founding convention. A dedicated group I would like to thank Peter A. Wisbey, Exec- After the Civil War they co-founded the successfully launched the Society that day at utive Director of the William Seward House, American Equal Rights Association and the the Peterboro Presbyterian Church after their Anne M. Derousie, a historian with the Wom- National Women’s Suffrage Association. meeting had been broken up by a hostile mob en’s Rights National Historical Park, Michael J. They made a difference in the abolition of the previous day. A few streets away from the Caddy, Jr., historian, and Milton C. Sernett, slavery and women getting the right to vote. convention site in Peterboro lived James Professor of History at Syracuse University for They were courageous in the fight for civil Caleb Jackson, the editor of several aboli- the information they provided me for this occa- rights for all people regardless of their color or gender. tionist newspapers. Beriah Green, another sion. I would also like to insert into the CON- As you can see, many citizens of Cayuga founding member of the New York Anti-Slav- GRESSIONAL RECORD essays about the Eman- County not only believed in equal rights for ery Society, came from nearby Whitesboro cipation Proclamation and the abolitionist all people, but also actively worked to bring where he served as president of the Oneida movement in New York’s 24th Congressional about the change that resulted in the end of Institute, an interracial college. Green’s Insti- District written by students from Letizia slavery and giving all people their civil tute turned out noted abolitionists such as Magats’ class at Owasco Elementary and Jac- rights. (By Timothy Berry, Ashley King, Jamie Jermain Loguen, a former slave lauded for his quelyn Aversa’s class at Casey Park Elemen- Bruno, Marissa Rescott, Christina Granato, influential autobiography, To Set the Captives tary School in Auburn, NY. S. Michael Watson, Maura Bradley, Kelsey Free. Loguen was later chosen to act as While reading the work of these children I Helinski, Mary Doyle, Colleen Cregg, Olivia Stationmaster of Syracuse’s Underground was delighted to find that many of the stu- Perek, Breanna Handley, Alaina Railroad. Another escaped slave who became dents had been inspired by their history les- Schoonmaker, and Connor Entenmann.)

VerDate Jan 31 2003 02:12 Feb 07, 2003 Jkt 019060 PO 00000 Frm 00027 Fmt 0626 Sfmt 0634 E:\CR\FM\A05FE8.107 E06PT1 E166 CONGRESSIONAL RECORD — Extensions of Remarks February 6, 2003 ESSAYS FROM FOURTH GRADERS AT CASEY Murray has risen to the rank of managing Mr. Speaker, it is with great pride that I rec- PARK ELEMENTARY SCHOOL IN AUBURN, NY partner with Rosenn, Jenkins & Greenwald in ognize Jamie Levin of Telluride, Colorado be- The young dreamers have a goal that one Wilkes-Barre. From 1991 to 1994, he served fore this body of Congress and this nation. To day the world will be a better place for ev- as chairman of the hearing committee of the excel in a sport as mentally and physically de- eryone in our country. The young dreamers disciplinary board of the Pennsylvania Su- manding as slalom snowboarding takes great celebrate the anniversary of the Emanci- courage, commitment and discipline. Jamie’s pation Proclamation so they can continue to preme Court. dream. After all, the young dreamers future Examples of his dedication to community competitive spirit and determination serves as goals are in your hands. service abound. They include his service as an inspiration to us all, and it is an honor to (By Sydnee Lawson, David Clark, and chairman of the Greater Wilkes-Barre Partner- represent such an outstanding American in Brianna Hotaling.) ship, Inc., from 2000 to the present; and chair- this Congress. I wish her all the best with the The torch of freedom has passed from time man of the Community Relations Council of rest of her season. to time to generation to generation and it the Jewish Federation of Greater Wilkes- f must be kept and honored as it was all those years ago. It shouldn’t be thrown away be- Barre, 1993 to 1997 and from 2000 to the INTRODUCTION OF COLORADO cause of dishonor and terrorism. present; and a member of the board of trust- SCHOOL LANDS BILL (By Dominika Donch, Noah Donch, ees of College Misericordia and the board of Makrina Donch, and Nathaniel Donch.) directors of the Jewish Federation of Greater We are fortunate to have the freedom we Wilkes-Barre, the Jewish Community Center of HON. MARK UDALL OF COLORADO have. Some countries do not have as much the Wyoming Valley, and WVIA–TV/FM/HDTV. IN THE HOUSE OF REPRESENTATIVES freedom as we have. Now we have a lot to Murray is also past chairman of the board of worry about. We are so fortunate that Presi- Wednesday, February 5, 2003 dent Abraham Lincoln issued the Emanci- directors of the United Way of the Wyoming pation Proclamation. Today we have the joy Valley, from 1992 to 1994, and its general Mr. UDALL. Mr. Speaker, I am today again of freedom. campaign in 1990. He is also past president of introducing a bill to modify the 1875 Act—usu- (By Stephanie Leontovich, Tyler the Ohav Zedek Synagogue in Wilkes-Barre, ally referred to as the Colorado Enabling Act— Van Tassell, Amber Foster, Anthony Jesmer from 1986 to 1988; the Jewish Community that provided for admission of Colorado to the and Scott Blauvelt.) Center of the Wyoming Valley, from 1982 to Union. We believe all people are created equal and 1983; the Seligman J. Strauss Lodge of B’nai The bill is similar to one I introduced in the need to live in unity and peace. (By Diamoneek Wingate, Loretta Holbert, B’rith, from 1970 to 1974; and the Duquesne 107th Congress. Its purpose is to remove any Sarah Lowe, Tina Horsford, Beth Harvey, University School of Law Alumni Association possible conflict between a decision of the Tony Frazier, Brandon Crawford, and Andre of Northeastern Pennsylvania, from 1997 to people of Colorado and that original federal Thomas.) 1999. legislation under which some 3 million acres of I have a dream, that one day all people of He and his beautiful and gracious wife federal lands were granted to our state. the world, Iraqis, Afghanis, Russians, and Margery have three children, Aaron, Joshua In granting the lands to Colorado, Congress any other culture will come together and act and Rachel. provided that they were to be used as a fairly to one and another. I have a dream of Mr. Speaker, I am pleased to call to the at- source of revenue for the public schools—and no terrorism. I have a dream of no violence for many years they were managed for that but coming out and talking it over like men. tention of the House of Representatives the well-deserved selection of Attorney Murray purpose. I have a dream of living in a society with no However, over the years the revenue de- prejudice. I have a dream of no racism. I Ufberg for the Community Service Award, and rived from these lands has become a less and have a dream of no fighting over religion but I wish him and his family all the best. less significant part of the funding for Colo- having peace and love. I have a dream that f this world will help one and another of dif- rado’s schools, while there has been an in- ferent culture and religions. I have a dream. PAYING TRIBUTE TO JAMIE LEVIN creasing appreciation of the other values of (By Jared Ford.) these lands. f As a result, in 1996 the people of Colorado HON. SCOTT McINNIS voted to amend our state constitution to permit ATTORNEY MURRAY UFBERG CHO- OF COLORADO part of these school trust lands to be set aside SEN FOR B’NAI B’RITH COMMU- IN THE HOUSE OF REPRESENTATIVES in a ‘‘stewardship trust’’ and managed to pre- NITY SERVICE AWARD Wednesday, February 5, 2003 serve their open space, wildlife and other nat- ural qualities. Mr. MCINNIS. Mr. Speaker, it is with great To assure that this decision of the voters HON. PAUL E. KANJORSKI enthusiasm that I rise today to recognize OF PENNSYLVANIA can be implemented, my bill would amend the Jamie Levin of Telluride, Colorado. Jamie is a IN THE HOUSE OF REPRESENTATIVES original Colorado Enabling Act to modify the slalom snowboard racer for the Telluride Ski Wednesday, February 5, 2003 requirement that the state must raise revenue and Snowboard team and has been setting from the school-trust lands that are set aside Mr. KANJORSKI. Mr. Speaker, I rise today the standard for speed throughout Colorado for their natural resource values and qualities. to call the attention of the House of Rep- and the nation. Jamie represented the United Specifically, it would amend the 1875 Act to resentatives to the selection of my good friend States at Canada’s World Cup Snowboard clearly allow the lands to be used for ‘‘open Attorney Murray Ufberg for the prestigious Races last December. In recognition of her space, wildlife habitat, scenic value, or other Community Service Award by the Seligman J. success and accomplishments on the slopes, natural values,’’ while still requiring that ‘’any Strauss Lodge of B’nai B’rith of Wilkes-Barre. I would like to pay tribute to Jamie before this income received for such uses or any other He will be presented with the award at the body of Congress and this nation. uses’’ of the lands will be used only for the lodge’s 57th annual Lincoln Day Dinner on As the Congressman who represents many public schools. February 9, 2003. of Colorado’s ski areas, I understand the sig- The bill does not include a specific limit on Murray is a very fitting choice for this award. nificance that Coloradans place upon their the acreage that could be placed in the stew- In addition to his active role in local govern- winter sports. Colorado is the home to many ardship trust, although the 1996 state legisla- ment and economic development, his deep skiers and snowboarders who train year round tion does set such a limit. I supported that part commitment to Northeastern Pennsylvania and to remain in top physical condition. Competi- of the state legislation, but I think that whether his leadership in one of the most prominent tion throughout the state is fierce, and there is that limit should be retained or revised should and well-respected law firms in the area, he is little room for mistakes or miscalculations. be decided solely by the people of Colorado, a leader in the region’s Jewish community. Competition at the national level only be- and not determined by Congress. So, under I have known Murray for more than 30 comes more difficult, and yet Jamie Levin has the bill I am introducing today that would be years and have enormous respect for his legal risen to the challenge and is currently ranked left to Colorado law to control. ability as well as his dedication to improving 11th in the United States. Over the summer, Mr. Speaker, Colorado has been experi- the community. Jamie has maintained a rigorous training encing rapid population growth. That is putting He was born July 30, 1943, in Danville, schedule at Mt. Hood and looks forward to increasing pressure on all our undeveloped Pennsylvania. He graduated from Wyoming competing internationally this winter. Jamie is lands. In response, the people of Colorado Seminary in 1960, earned a bachelor of arts the first member of the Telluride team to qual- have voted to allow some of these school- from Bucknell University in 1964 and grad- ify for international competition, and citizens grant lands to remain as open spaces to be uated with a juris doctor degree from the throughout the Western Slope will be following managed for their wildlife and other natural re- Duquesne University School of Law in 1968. her races with great anticipation. sources and values. This bill will keep faith

VerDate Jan 31 2003 02:12 Feb 07, 2003 Jkt 019060 PO 00000 Frm 00028 Fmt 0626 Sfmt 9920 E:\CR\FM\A05FE8.110 E06PT1 February 6, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E167 with that decision by our voters by removing Riddle was born on November 29, 1902, on ON THE RETIREMENT OF MR. any conflict with federal law. I will do all I can the Eastside of Chicago, Illinois. Born to Wil- EDWARD D. CASEY to press for its speedy enactment. liam and Sarah Hester she is the oldest of 7 f children and enjoys spending time with her re- HON. STENY H. HOYER maining younger siblings Mary and Sally. Ms. OF MARYLAND HONORING DR. SHIRLEY KENNEDY Riddle has survived her husband Walter Rid- IN THE HOUSE OF REPRESENTATIVES dle, son Robert Riddle, and her eldest grand- HON. LOIS CAPPS son Robert Riddle, Jr. She is also the grand- Wednesday, February 5, 2003 OF CALIFORNIA mother of Karen Appleson, Cindy Petro, and Mr. HOYER. Mr. Speaker, I rise today to IN THE HOUSE OF REPRESENTATIVES Allison Gunner, and the great-grandmother of congratulate Mr. Edward D. Casey on his re- Wednesday, February 5, 2003 two with more on the way. tirement from the Capital-Gazette News- As the Matriarch of the Hester family and papers, and his election to the Maryland press Mrs. CAPPS. Mr. Speaker, today I would known to her many nephews and nieces as association’s hall of fame. I would also like to like to rise in tribute to the memory of a won- ‘‘Aunt Bea’’, she is generous to a fault. Ms. thank him for his years of service to our com- derful friend and resident of Santa Barbara, Riddle has lived her 100 years of life on the munity. California, Dr. Shirley Kennedy. Dr. Kennedy Eastside of Chicago, Illinois as a proud Amer- For 30 years, Mr. Casey has been the edi- passed away on January 20, 2003, leaving a ican, committed Catholic and a lifetime mem- torial voice of the Capital. In March when he void in the Santa Barbara community that will ber of the St. Francis de Sales Parish. She is is officially inducted, he will join 35 other out- be felt by many. known for her sharp mind, happy personality, standing newspaper men and women who Dr. Kennedy, a long-time resident of Santa and love of all her friends and family. So we have been similarly honored over the years by Barbara, was well-known for her dedication to wish her a Happy 100th Birthday and reflect the Maryland-Delaware-D.C. Press Associa- political, cultural, and social causes. Born in on how she lived through a century of tion. Chicago in 1926, Dr. Kennedy and her hus- changes and a lifetime of memories as a Mr. Casey is respected throughout Maryland band, Jim, moved to the Santa Barbara area model of charity and compassion and all for being a pioneer and effective advocate for in 1972. It did not take long for Dr. Kennedy around wonderful person. the freedom of information project, especially to become a dynamic presence in the commu- during his service as president of the Mary- nity. In 1986 Dr. Kennedy completed her doc- f land-Delaware-D.C. Press Association. torate at Claremont Graduate University and Prior to joining the Capital, Mr. Casey was worked as a lecturer at UCSB, teaching class- PAYING TRIBUTE TO BARBRA editor of the Daily Advance in Dover, NJ for es in political science, black studies, and con- REMMENGA six years. He began working in newspapers as stitutional law. In addition to teaching, she was a sports editor in 1957 at the Binghamton also involved in founding the Black Studies HON. SCOTT McINNIS Press in New York. He also worked as a department, as well as the Black Cultural Fes- OF COLORADO sports editor for the Endicott Bulletin in New tival which brings art, plays, and other exhibits York and managing editor of the Binghamton IN THE HOUSE OF REPRESENTATIVES to the university. Sun-Bulletin. Dr. Kennedy was a devoted political activist Wednesday, February 5, 2003 I congratulate Mr. Casey in his retirement, as well. In 1988 she ran Rev. Jesse Jackson’s Mr. MCINNIS. Mr. Speaker, it is with great and I wish him every success in his future en- local presidential campaign, and served as a deavors. delegate to the party’s national convention. Dr. admiration that I rise today to recognize f Kennedy has also dedicated countless hours Barbra Remmenga of Montrose, Colorado. of volunteer time to numerous local, state, and Barbra is a guardian ad litem attorney who is ASYLUM: AN IDEA IN SEARCH OF federal campaigns. She was a longtime mem- appointed by the courts to represent the best A STRATEGY ber of the NAACP and created two local orga- interests of children involved in dependency nizations, Not in Our Town and the Building and neglect proceedings. Recently, Barbra HON. JAMES A. LEACH Bridges Community Coalition, both dedicated was named Guardian Ad Litem Attorney of the OF IOWA to fighting racism and building tolerance. Year by the Colorado Court Appointed Special IN THE HOUSE OF REPRESENTATIVES In 2002, through the Building Bridges Coali- Advocates. In recognition of her success, I tion, Dr. Kennedy was able to bring an exhibit would like to pay tribute to Barbra’s career Wednesday, February 5, 2003 on a slave ship, the Henrietta Marie, to a local and accomplishments before this body of Con- gress and this nation. Mr. LEACH. Mr. Speaker, below are two op- museum in Santa Barbara. This exhibit was ed articles written on the subject of possible Barbra has been serving as a guardian ad visited by hundreds of local schoolchildren and abdication and asylum for Saddam Hussein litem attorney for the Seventh Judicial District residents, and brought a new understanding of and his cohorts. of Colorado for the past 11 years. She began the slave trade to thousands of people. It was ASYLUM: AN IDEA IN SEARCH OF A STRATEGY her dedication to education and community in- her career as a social worker doing child pro- (By Representative James A. Leach) volvement that made Dr. Kennedy such a spe- tection casework when she realized the cial person and I am confident that her legacy amount of difference she could make as an at- Monday Hans Blix will present the report of the U.N. weapons inspectors in Iraq to the will live on for many years to come. torney fighting and defending those in need. Remmenga represents children of all ages in U.N. Security Council. Absent a surprise, the The Santa Barbara community suffered a report is likely to offer a mixed judgment: no great loss with Dr. Kennedy’s passing last cases that involve physical abuse, neglect, smoking gun, but no assumption that Sad- month, yet because of her activism and in- and custody disputes. She views her job as a dam Hussein has sincerely cooperated with volvement in the community Dr. Kennedy’s huge responsibility because she is rep- the inspectors or provided credible rationale spirit and teachings will remain among us for- resenting such a vulnerable and defenseless for his nuclear program or convincing evi- ever. Dr. Kennedy was a wonderful woman segment of the population. In recognition of dence of disarming once held bio-chemical and an inspiration to us all and I am fortunate her commitment to children’s well-being last weapons. Tuesday evening the President will give that this special individual touched my life in December, Barbra was honored in Denver at the Seventh Annual CASA Training Con- his annual State of the Union address in so many ways. which he will undoubtedly make his case for ference for her outstanding service. f why the U.S. military may be called upon to Mr. Speaker, it is with great pride that I rec- intervene in Iraq—with or without further HONORING ELIZABETH HESTER ognize Barbra Remmenga before this body of U.N. approval. RIDDLE Congress and this nation. Barbra has served At this juncture there appears to be only her community with great honor and integrity. one scenario which has the potential of being HON. DANNY K. DAVIS Barbra demonstrates genuine concern for the a win/win situation for America, the Iraqi children she represents and always looks out people and the world community. That is for OF ILLINOIS Saddam Hussein, his family and cohorts to IN THE HOUSE OF REPRESENTATIVES for their best interest. Her commitment and abdicate power and accept asylum outside dedication serve as an inspiration to us all, Wednesday, February 5, 2003 Iraq. and it is an honor to represent such an out- The possibility of such an outcome was im- Mr. DAVIS of Illinois. Mr. Speaker, I rise to standing Coloradan in this Congress. Keep up plicitly contemplated by Secretary Rumsfeld pay tribute to Ms. Elizabeth Hester Riddle. Ms. the good work, Barbra. last week when he said that the United

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States would not seek a trial before a war ASYLUM II: AN IDEA STILL IN SEARCH OF A tate great loss of life in Iraq and elsewhere. crimes tribunal if Saddam steps aside peace- STRATEGY A wiser approach would be to incentivize fully. (By Representative James A. Leach) Saddam to step aside. The challenge is to put as much effort into causing this to happen as There are three existing precedents for Now that Secretary Powell has laid down we have to preparing for war itself. such a course. The Ethiopian war lord convincing evidence of the Iraqi weapons Mengestu Haile Mariam agreed to asylum program and the United States and Britain f and is currently living in Zimbabwe; the no- have massed a significant force in the Middle INTRODUCTION OF THE RANCHO torious African Dictator Idi Amin is cur- East to address the threat these weapons rently living in exile in Saudi Arabia; and represent, it is apparent that the only way CORRAL DE TIERRA GOLDEN the former Haitian dictator Jean-Claude the bloodshed of war and the countervailing GATE NATIONAL RECREATION ‘‘Baby Doc’’ Duvalier is living in the south of possibility of terrorist reaction can be avoid- AREA BOUNDARY ADJUSTMENT France. ed is if Saddam Hussein abdicates and ac- ACT The possibility that Saddam Hussein would cepts an offer of asylum. find attractive a life of ease in a dacha on Absent the will to use force, asylum is con- HON. TOM LANTOS the Black Sea or in a villa on the French ceptually a non-starter. With the mobiliza- OF CALIFORNIA Riviera may seem improbable. On the other tion that has occurred and the case that Sec- hand, in the face of the overwhelming force retary Powell has presented to the U.N., Sad- IN THE HOUSE OF REPRESENTATIVES being marshaled against his regime, a dam must understand that he has a narrow Wednesday, February 5, 2003 survivalist might conclude that abdication window, a week or two at most, in which to Mr. LANTOS. Mr. Speaker, today I intro- could be rationalized for the good of his peo- decide whether he would rather be a survivor ple and for the good life the resources he has or a humiliated military leader subject to a duced H.R. 532, the ‘‘Rancho Corral de Tierra absconded with would make possible. war crimes tribunal in the unlikely event he Golden Gate National Recreation Area Bound- From America’s perspective five central lives through the next month. ary Adjustment Act’’ to improve the world’s conditions for asylum would have to be met: The prospect of asylum may seem un- largest urban park. (1) That Saddam’s abdication be permanent; likely, but it nonetheless deserves pursuing. One of the nation’s most visited national (2) that his extended family and cohorts go What is needed is a precise presentation and parks, Golden Gate National GGNRA com- with him; (3) that he and they commit them- implementation strategy. Otherwise asylum prises numerous sites, including Alcatraz, selves to abstaining from complicity in fu- will remain an abstract concept, unaccepted ture anarchistic or terrorist acts in or out- Marin Headlands, Fort Funston, Fort Mason, because it has never been appropriately de- as well as Muir Woods National Monument, side Iraq; (4) that processes be established for veloped and proffered. the creation of a more benign, democratic Substantively, asylum demands a host Fort Point National Historic Site, and the Pre- government in Iraq; and (5) that, following country and a series of quid pro quos, the sidio of San Francisco. the Ferdinand Marcos asylum model, no most important being an agreement of the The Rancho Corral de Tierra addition to the commitment be made precluding a successor international community not to prosecute in GGNRA includes one of the largest undevel- Iraqi government from seeking international return for peaceful abdication and credible oped parcels on the San Mateo coast south of legal recourse to recover Saddam’s assurances of non-participation in future vi- San Francisco, and it contains rugged land kleptocratic wealth. olence in or outside Iraq. Initiative for a pro- that is unparalleled in other areas of the park. From a humanitarian perspective the posal at this time would, most appropriately, These lands consist of some of the last unde- choice would seem to be a no-brainer. While come from the Secretary General of the the motivations of individuals are always veloped acreage adjacent to existing parkland U.N., preferably with Arab League support. in the Bay Area. Permanent protection of difficult to fathom, clearly a U.S.-led inter- Given that American military leaders as- vention would imply a short life expectancy sume a short, decisive conflict, it is fair to these open spaces will protect and preserve for Saddam, as well as the potential of loss ask why a U.S. strategist should not prefer a unique coastal habitats of threatened, rare and of life for innocent civilians and military military to a diplomatic victory. The answer endangered plant and animal species, curb fu- personnel on both sides. Equally clearly, relates precisely to the case Secretary Pow- ture disruptive development along the coast, Saddam faces the possibility of an embar- ell presented to the Security Council. The and provide important scenic and recreation rassing erosion of his personal power base, assumption in Washington that I find cred- opportunities for Bay Area residents and visi- with a castle coup increasingly conceivable. ible is that Iraq is unlikely to be the kind of tors to our area. The question with which Saddam is con- conventional warfare quagmire Vietnam This important land conservation legislation fronted is whether he would rather be a sur- was. The assumption, however, that is more was near enactment in the last Congress. In vivor or a failed martyr, whether his legacy conjectural is the belief of many that Iraq in the end will include sacrificing power for will react to American intervention in 2003 fact both Houses of Congress approved this his people or sacrificing his people and na- similarly to the hapless defensive way it did legislation, but because our bill was included tional spirit on the altar of his egomania. in the 1991 Gulf War. in a package with other unrelated provisions it To increase the possibility that a rational In 1991 Saddam survived by failing to was not approved in the same form by both choice be made by an irrational leader, the mount much more than token resistance. He Houses. United States should precipitate the presen- recognized that allied goals were limited to Mr. Speaker, I urge my colleagues to join tation of an abdication option in a carefully rolling back Iraqi aggression in Kuwait. Now me in seizing this unique, exciting and signifi- modulated way. Asylum must be more than our goals are different and his non-conven- cant opportunity for a public-private-partner- an abstract concept. There must be a strat- tional war capacities enhance. When a cor- ship to preserve open space. Companion leg- egy, public and private, for its presentation nered tyrant is confronted with a ‘‘lose or islation is being introduced today in the Sen- and implementation. use’’ option with his weapons of mass de- As distrustful as this Administration is of struction, and in the Arab world is isolated ate by Senator Dianne Feinstein and Senator the U.N., there is no more appropriate figure unless he launches a ‘‘jihad’’ against Israel, Barbara Boxer. than U.N. Secretary General Kofi Annan to we must assume that more than a slight pos- H.R. 532, the ‘‘Rancho Corral de Tierra speak on behalf of the world community re- sibility exists that he may consider Golden Gate Boundary Adjustment Act’’ will garding such a prospect. The Security Coun- unleashing bio-chemical weapons against add three new areas to the GGNRA. These cil should ask Annan to make a formal offer Israel or even American troops or an Amer- lands are critically situated between existing to Saddam to accept asylum with clear con- ican city. We also must assume that Moslem parkland and would connect national park- ditions and possibly alternative destinations. radicals around the world might view an lands with State parkland and San Mateo Preferably the request should be made with American-led intervention against a state County parklands. Adding these lands to park the active support of the Arab League and a that has not attacked us or a neighbor as the commitment of financial support (already opening shot of a war between the Judeo- areas in the City of Pacifica would help round hinted at) from countries like Saudi Arabia Christian and Moslem civilizations. The im- out the uneven boundary along the Pacific to fund asylum for the coterie of regime in- plications, short and long-term, for ter- coast and create a logical and appropriate en- siders, some of whom might find attractive rorism against American interests could be trance to the GGNRA for visitors from the different destinations than Saddam. large. south. The lands will also provide important Such as approach may be the only way to Precision of strategy is in order. What is at regional trail links between the existing park- avoid a potentially catastrophic conflict issue are four goals: (1) The removal of Sad- lands, and would link the congressionally man- while bringing about progressive change in dam Hussein and his cohorts; (2) the elimi- dated Bay Area Ridge Trail with the California Iraq and the region. It is the only strategy in nation of weapons of mass destruction in Coastal Trail. The lands would also provide a which the world community and the Amer- Iraq; (3) the building of a stable Iraqi govern- ican government may at this time find com- ment capable of being a model civil society wildlife corridor for the diverse array of wildlife mon ground. While the chance of Saddam’s in the region; and (4) the continuing effort to that inhabit Montara Mountain. acquiescence to the asylum concept may be thwart terrorism around the globe. Mr. Speaker, the largest parcel of land in- limited (perhaps 10 to 20 percent), failure to While military intervention may accom- cluded in this bill is comprised of 4,262 acres, press the offer would unconscionable. plish these purposes, it might also precipi- and is known as the Rancho Corral de Tierra.

VerDate Jan 31 2003 02:12 Feb 07, 2003 Jkt 019060 PO 00000 Frm 00030 Fmt 0626 Sfmt 9920 E:\CR\FM\A05FE8.116 E06PT1 February 6, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E169 This parcel shares three miles of boundary Caltrans will purchase these properties from and local public agencies. The Advisory Com- with the GGNRA as well as with a California their current owners. It is my understanding mission aids in strengthening the spirit of co- state park and a San Mateo County park. Its that Caltrans will donate these properties to a operation between the National Park Service relatively untouched upper elevations preserve state park agency for open space use. and the public, encourages private coopera- habitat for several threatened and endangered Caltrans will also relinquish the abandoned tion with other public agencies, and assists in plant and animal species. This property also Highway 1 alignment to San Mateo County, developing and ensuring that the park’s gen- contains four important coastal watersheds, which will transfer these properties to a park eral management plan is implemented. As part which provide riparian corridors for steel head agency after the tunnel is completed. I want to of its regular monthly hearing process, the Ad- trout, coho salmon and other aquatic species. make something particularly clear, Mr. Speak- visory Commission held public hearings on When the owner of Rancho Corral de Tierra er. It is not the intention of this legislation to this legislation in Half Moon Bay, California. recently put this property on the market the give the federal government any responsibility Advisory Commission members heard over- Peninsula Open Space Trust (POST) nego- for the acquisition of land or the construction whelming public support for the boundary tiated to purchase the property. POST ac- or completion of the Devil’s Slide tunnel. This study for ‘‘Rancho Corral de Tierra GGNRA quired the site for $29.75 million to save the legislation has nothing to do with the matter of Boundary Adjustment Act’’ that was produced site from development, to preserve this impor- the highway and tunnel construction. This leg- by Peninsula Open Space Trust in consulta- tant natural area, and to donate, through pri- islation will simply make it possible for tion with the National Park Service. All Advi- vate contributions, a substantial amount for Caltrans to donate these properties to the Na- the federal acquisition of Rancho Corral de tional Park Service when the Devil’s Slide tun- sory Commission meetings are open to the Tierra. nel is completed and when the National Park public and an official transcript of each meet- Mr. Speaker, POST is a local land conser- Service has determined the acquisition of ing is on record and available to the public. vancy trust in the San Francisco Bay Area. It these lands is appropriate. Mr. Speaker, H.R. The activities and contributions of the Advisory has a remarkable track record in working with 532 also includes within the GGNRA boundary Commission are critical to the efficient oper- and assisting the federal government with the the Caltrans-owned Martini Creek-Devil’s Slide ation and management of the two adjoining protection of other important open space in Bypass right-of-way, which was originally pur- national park units of Point Reyes National the Bay Area. In 1994, POST negotiated ac- chased by Caltrans for the purpose of building Seashore and the GGNRA. Mr. Speaker, pre- quisition of the Phleger Estate in Woodside a highway across Montara Mountain. When serving our country’s unique natural areas and its inclusion in the GGNRA. This provided San Mateo County voters overwhelmingly de- must be one of our highest national priorities, local residents some 1,300 acres of pristine cided in a local referendum in favor of the and it is one of my highest priorities as a second-growth redwood forest, and the area Devil’s Slide tunnel rather than the Martini Member of Congress. We must preserve and has become a primary hiking destination in the Creek Bypass in 1996, this right-of-way be- protect these areas for our children and grand- mid-Peninsula area. I introduced the legisla- came obsolete. This property, which covers children today or they will be lost forever. Add- tion that added this important parcel to the approximately 300 acres, bisects the proposed ing these new lands in San Mateo County to GGNRA, and I worked closely with my neigh- additions to the GGNRA and will provide im- the GGNRA will allow us to protect these frag- bor and colleague, Congresswoman Anna portant recreation access to the surrounding ile areas from development or other inappro- Eshoo, who took the lead in securing the fed- parklands. It is my understanding that once priate use that would destroy the scenic beau- eral funding of one-half of the purchase price. the GGNRA boundary is adjusted to include ty and natural character of this key part of the In this case, POST also provided one half of this right-of-way, Caltrans will be able to do- Bay Area. the purchase price through private donations. nate this property to the National Park Serv- Mr. Speaker, this bill was agreed to by both POST also assisted the federal government ice. Mr. Speaker, H.R. 532 will also reauthor- with the protection and acquisition of Bair Is- ize the Golden Gate National Recreation Area Houses in the 107th Congress and should land, an important wildlife refuge in San Fran- and Point Reyes National Seashore Advisory have been enacted, but issues unrelated to cisco Bay, which is now managed by the U.S. Commission for 10 years. The GGNRA and the Golden Gate National Recreation Area Fish and Wildlife Service. Congresswoman Point Reyes Advisory Commission was estab- precluded its final passage. I am hopeful that Eshoo played a key role in the Bair Island ac- lished by Congress in 1972 to provide for the the House will take up this bill where we left quisition. H.R. 532 also authorizes the Na- free exchange of ideas between the National off last year, complete legislative action, and tional Park Service to include within its bound- Park Service and the public and to facilitate enact H.R. 532 expeditiously. The Rancho aries an additional 525 acres of land in the the solicitation of advice from members of the Corral de Tierra Golden Gate National Recre- Devil’s Slide section of Coastal Highway 1, public on problems pertinent to the National ation Area Boundary Adjustment Act has the which is the scenic highway that winds its way Park Service Parks or sites in Marin, San support of the Bay Area Congressional Dele- along the entire California coast. The Devil’s Francisco, and San Mateo Counties. The Ad- gation. Joining me as co-sponsors are my dis- Slide properties are also adjacent to the Ran- visory Commission holds open and accessible tinguished colleagues, NANCY PELOSI, GEORGE cho Corral de Tierra property. It is my under- public meetings monthly at which the public MILLER, ANNA ESHOO, BARBARA LEE, ELLEN standing that the California Department of has an opportunity to comment on park-re- TAUSCHER, MIKE HONDA, MIKE THOMPSON, Transportation (Caltrans) will acquire these lated issues. The Advisory Commission is an PETE STARK, and ZOE LOFGREN. I urge my col- lands when it builds the Devil’s Slide tunnel. invaluable resource for park management. It leagues to take advantage of this unique op- This legislation includes the five properties provides an important forum for the gathering portunity to preserve these important lands for that border the highway alignment and will be and receipt of public input, public opinion and addition to our national parks and support pas- abandoned when the tunnel is completed. public comment and allows the park to main- sage of H.R. 532, the Rancho Corral de Tierra Since these properties will have no access tain constructive and informal contacts with Golden Gate National Recreation Area Bound- once the Devil’s Slide road is abandoned, both the private sector and other federal, state ary Adjustment Act.

VerDate Jan 31 2003 02:12 Feb 07, 2003 Jkt 019060 PO 00000 Frm 00031 Fmt 0626 Sfmt 9920 E:\CR\FM\K05FE8.015 E06PT1 Thursday, February 6, 2003 Daily Digest Senate Chamber Action Executive Reports of Committees: Page S2051 Additional Cosponsors: Page S2051 Routine Proceedings, pages S2021–2063 Statements on Introduced Bills/Resolutions: Measures Introduced: Nine bills were introduced, Pages S2051–58 as follows: S. 324–332. Page S2051 Additional Statements: Pages S2048–49 Measures Reported: S. Res. 49, designating February 11, 2003, as Authority for Committees to Meet: Pages S2058–59 ‘‘National Inventors’ Day’’. Page S2051 Adjournment: Senate met at 9:30 a.m., and ad- Nomination Considered: Senate continued consid- journed at 1:15 p.m., until 11 a.m., on Monday, eration of the nomination of Miguel A. Estrada, of February 10, 2003. (For Senate’s program, see the re- Virginia, to be United States Circuit Judge for the marks of the Majority Leader in today’s Record on District of Columbia Circuit. Pages S2021–34, S2059–60 page S2059.) A unanimous-consent agreement was reached pro- viding for further consideration of the nomination at Committee Meetings 11 a.m., on Monday, February 10, 2003. Page S2059 Appointment: (Committees not listed did not meet) Harry S Truman Scholarship Foundation Board BUDGET 2004: DEPARTMENT OF STATE/ of Trustees: The Chair, on behalf of the Vice Presi- AID dent, pursuant to Public Law 93–642, appointed Committee on Foreign Relations: Committee concluded Senator Murray to be a member of the Harry S Tru- hearings to examine the President’s proposed budget man Scholarship Foundation Board of Trustees, vice estimates for fiscal year 2004 for the Department of former Senator Carnahan. Page S2059 State, U.S. Agency for International Development, Nominations Received: Senate received the fol- and other foreign affairs agencies, after receiving tes- lowing nominations: timony from Colin L. Powell, Secretary of State. Edward C. Prado, of Texas, to be United States BUSINESS MEETING Circuit Judge for the Fifth Circuit. Robert Allen Wherry, Jr., of Colorado, to be a Committee on the Judiciary: Committee ordered favor- Judge of the United States Tax Court for a term of ably reported the following business items: fifteen years. S. Res. 49, designating February 11, 2003, as 2 Army nominations in the rank of general. ‘‘National Inventors’ Day’’; and 1 Marine Corps nomination in the rank of general. The nominations of John R. Adams, to be United Routine lists in the Coast Guard, Navy. States District Judge for the Northern District of Page S2063 Ohio, Robert A. Junell, to be United States District Judge for the Western District of Texas, and S. Messages From the House: Page S2049–50 James Otero, to be United States District Judge for Executive Communications: Pages S2050–51 the Central District of California.

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VerDate Jan 31 2003 03:38 Feb 07, 2003 Jkt 019060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D06FE3.REC D06FE3 D102 CONGRESSIONAL RECORD — DAILY DIGEST February 6, 2003 House of Representatives February 12, Full Committee, to hold joint hearings Chamber Action with the House Committee on Science Subcommittee on The House was not in session today. It will meet Space and Aeronautics to examine the recent space shuttle on Friday at 10 a.m. in pro forma session. Columbia accident, 9:30 a.m., SR–325. February 12, Subcommittee on Oceans, Atmosphere, Committee Meetings and Fisheries, to hold hearings to examine Coast Guard No committee meetings were held. transition to Homeland Security, 2:30 p.m., SR–253. February 13, Full Committee, to hold hearings to ex- f amine United States Olympic Committee reforms, 9:30 COMMITTEE MEETINGS FOR FRIDAY, a.m., SR–253. FEBRUARY 7, 2003 February 13, Full Committee, to hold hearings to ex- amine infrastructure needs of minority serving institu- (Committee meetings are open unless otherwise indicated) tions, 2:30 p.m., SR–253. Senate Committee on Energy and Natural Resources: February 11, to hold hearings to examine the President’s proposed No meetings/hearings scheduled. budget request for fiscal year 2004 for the Department House of the Interior, 10 a.m., SD–366. No committee meetings are scheduled. February 11, Full Committee, to hold hearings to ex- amine the nomination of Joseph Timothy Kelliher, of the f District of Columbia, to be a Member of the Federal En- CONGRESSIONAL PROGRAM AHEAD ergy Regulatory Commission, 2:30 p.m., SH–216. February 13, Full Committee, to hold hearings to ex- Week of February 10 through February 15, 2003 amine the President’s proposed budget request for fiscal year 2004 for the Forest Service of the Department of Senate Chamber Agriculture, 10 a.m., SD–366. On Monday, at 11 a.m., Senate will resume con- February 13, Full Committee, to hold hearings to ex- sideration of the nomination of Miguel A. Estrada, amine oil, gas, hydrogen, and conservation, focusing on of Virginia, to be United States Circuit Judge for oil supply and prices, 2:30 p.m., SH–216. the District of Columbia Circuit. Committee on Environment and Public Works: February 12, During the balance of the week, Senate may con- business meeting to markup S.195, to amend the Solid sider any cleared legislative and executive business. Waste Disposal Act to bring underground storage tanks into compliance with subtitle I of that Act, to promote Senate Committees cleanup of leaking underground storage tanks, to provide (Committee meetings are open unless otherwise indicated) sufficient resources for such compliance and cleanup, and Committee on Armed Services: February 12, to hold hear- an original resolution authorizing expenditures by the ings to examine the current and future worldwide threats committee, 9:30 a.m., SD–406. to the national security of the United States; to be fol- February 13, Subcommittee on Clean Air, Climate lowed by a closed meeting to be held in SH–219, 9:30 Change, and Nuclear Safety, to hold oversight hearings to a.m., SH–216. examine the Nuclear Regulatory Commission, 9:30 a.m., February 13, Full Committee, to hold hearings on pro- SD–406. posed legislation authorizing funds for fiscal year 2004 Committee on Finance: February 11, to hold hearings to for the Department of Defense, and the Future Years De- examine proposals for economic growth and job creation, fense Program, 9:30 a.m., SH–216. focusing on incentives for consumption, 10 a.m., Committee on Banking, Housing, and Urban Affairs: Feb- SD–215. ruary 11, to hold oversight hearings to examine the Semi- February 12, Full Committee, to continue hearings to Annual Monetary Policy Report of the Federal Reserve; examine proposals for economic growth and job creation, and to hold a business meeting to consider the nomina- focusing on incentives for consumption; to be followed by tion of William H. Donaldson, of New York, to be a hearings to examine the nominations of Joseph Robert Member of the Securities and Exchange Commission, 10 Goeke, of Illinois, to be a Judge of the United States Tax a.m., SH–216. Court, Glen L. Bower, of Illinois, to be a Judge of the Committee on the Budget: February 11, to hold hearings United States Tax Court, Daniel Pearson, of Minnesota, to examine the President’s International Affairs Budget, to be a Member of the United States International Trade 10 a.m., SD–608. Commission, Charlotte A. Lane, of West Virginia, to be February 13, Full Committee, to resume hearings on a Member of the United States International Trade Com- the President’s proposed budget for fiscal year 2004, fo- mission, and Raymond T. Wagner, Jr., of Missouri, to be cusing on the Department of Transportation, 2:30 p.m., a Member of the Internal Revenue Service Oversight SD–608. Board for the remainder of the term expiring September Committee on Commerce, Science, and Transportation: Feb- 14, 2004, 9:30 a.m., SD–215. ruary 11, to hold hearings on proposed legislation author- February 13, Full Committee, to hold hearings to ex- izing funds for the Federal Aviation Administration, De- amine Enron, focusing on the Joint Committee on Tax- partment of Transportation, 9:30 a.m., SR–253. ation’s investigative report, 10 a.m., SD–215.

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Committee on Foreign Relations: February 11, to hold February 13, Subcommittee on Employer-Employee hearings to examine a post Saddam Iraq, 9:30 a.m., Relations, hearing on ‘‘The Pension Security Act: New SD–419. Pension Protections to Safeguard the Retirement Savings February 12, Full Committee, to hold hearings to ex- of American Workers,’’ 1 p.m., 2175 Rayburn. amine a post conflict Afghanistan, 9:30 a.m., SD–419. Committee on Energy and Commerce, February 12, hearing Committee on Health, Education, Labor, and Pensions: Feb- entitled ‘‘A Review of the Administration’s Fiscal Year ruary 11, with the Committee on the Judiciary, to hold 2004 Health Care Priorities,’’ 10 a.m., 2123 Rayburn. joint hearings to examine patient access crisis, focusing Committee on Financial Services, February 12, hearing on on the role of medical litigation, 2:30 p.m., SD–106. monetary policy and the state of the economy, 10 a.m., February 12, Full Committee, business meeting to con- 2128 Rayburn. sider committee’s rules of procedure for the 108th Con- February 12, Subcommittee on Capital Markets, Insur- gress, subcommittee assignments, S. 239, to amend the ance, and Government Sponsored Enterprises, hearing en- Public Health Services Act to add requirements regarding titled ‘‘Recovery and Renewal: Protecting the Capital trauma care, proposed legislation entitled ‘‘Keeping Chil- Markets Against Terrorism Post 9/11,’’ 3 p.m., 2128 dren and Families Safe Act of 2003’’, proposed legislation Rayburn. concerning NIH Foundation, proposed legislation con- Committee on International Relations, February 11, to cerning birth defects, and proposed legislation entitled meet for organizational purposes, and to consider an ‘‘Animal Drug User Fee Act’’, 10 a.m., SD–430. Oversight Plan for the 108th Congress, 5:45 p.m., 2172 Committee on Indian Affairs: February 12, to hold hear- Rayburn. ings to examine the nomination Ross O. Swimmer, to be February 12, hearing on the President’s International Special Trustee—American Indians, Department of the Affairs Budget request for Fiscal Year 2004, 10 a.m., and Interior, 10 a.m., SR–485. to hold a hearing on Prospects for Peace in Ivory Coast, Committee on the Judiciary: February 11, with the Com- 2 p.m., 2172 Rayburn. mittee on Health, Education, Labor, and Pensions, to February 13, hearing on North Korea’s Nuclear Pro- hold joint hearings to examine patient access crisis, focus- gram: The Challenge to Stability in Northeast Asia, 10 ing on the role of medical litigation, 2:30 p.m., SD–106. a.m., and a hearing on Overview of U.S. Policy Toward February 12, Full Committee, to hold hearings to ex- the Western Hemisphere, 2:30 p.m., 2172 Rayburn. amine judicial nominations, 9:30 a.m., SD–226. Committee on Resources, February 12, to meet for organi- Select Committee on Intelligence: February 11, to hold zational purposes, 3 p.m., 1324 Longworth. hearings to examine current and projected national secu- Committee on Science, February 13, hearing on An Over- rity threats, 10 a.m., SD–106. view of the Federal R&D Budget for fiscal year 2004, 10 February 11, Full Committee, to hold closed hearings a.m., 2318 Rayburn. to examine certain intelligence matters, 2:30 p.m., Committee on Transportation and Infrastructure, February SH–219. 12, to meet for organizational purposes and to consider Special Committee on Aging: February 11, to hold hear- an Oversight Plan for the 108th Congress, 11 a.m., 2167 ings to examine guardianship over the elderly, focusing Rayburn. on security provided or due process denied, 10 a.m., February 12, Subcommittee on Aviation, hearing on re- SD–628. authorization of the FAA and the Aviation Programs: In- troduction, 2 p.m., 2167 Rayburn. House Chamber February 13, Subcommittee on Highways and Transit, oversight hearing on reauthorization of Federal Highway To be announced. and Transit Programs: What are the needs, and how to House Committees meet those needs, 10 a.m., 2167 Rayburn. Committee on Veterans’ Affairs, February 11, hearing on Committee on Appropriations, February 11, to meet for or- the Department of Veterans Affairs Budget request for ganizational purposes, 10 a.m., 2359 Rayburn. Fiscal Year 2004, 2 p.m., 334 Cannon. Committee on Armed Services, February 12, hearing on the Committee on Ways and Means, February 13, Sub- fiscal year 2004 National Defense Authorization budget committee on Health, hearing on Medicare Regulatory request, 10 a.m., 2118 Rayburn. and Contracting Reform, 12 p.m., B–318 Rayburn. Committee on the Budget, February 12, hearing on the February 13, Subcommittee on Oversight, hearing on Department of Transportation Budget Priorities Fiscal Free Electronic Filing National Taxpayer Advocate An- Year 2004, 10 a.m., 210 Cannon. nual Report, 3 p.m., 1100 Longworth. February 13, hearing on the Department of State Budget priorities Fiscal Year 2004, 10 a.m., 210 Cannon. Joint Meetings Committee on Education and the Workforce, February 12, Conference: February 10, meeting of conferees on H.J. hearing on ‘‘Back to Work: the Administration’s Plan for Res. 2, making further continuing appropriations for the Economic Recovery and the Workforce Investment Act,’’ fiscal year 2003, 6:30 p.m., S–207, Capitol. 10:30 a.m., 2175 Rayburn. Joint Meetings: February 12, Senate Committee on Com- February 13, to mark up the following bills: H.R. 13, merce, Science, and Transportation, to hold joint hearings Museum and Library Services Act of 2003; and H.R. 14, with the House Committee on Science Subcommittee on Keeping Children and Families Safe Act of 2003, 10 Space and Aeronautics to examine the recent space shuttle a.m., 2175 Rayburn. Columbia accident, 9:30 a.m., SR–325.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 11 a.m., Monday, February 10 10 a.m., Friday, February 7

Senate Chamber House Chamber Program for Monday: Senate will resume consideration Program for Friday: Pro forma session. of the nomination of Miguel A. Estrada, of Virginia, to be United States Circuit Judge for the District of Colum- bia Circuit.

Extensions of Remarks, as inserted in this issue

HOUSE Gutierrez, Luis V., Ill., E139 Otter, C.L. ‘‘Butch’’, Idaho, E164 Hall, Ralph M., Tex., E147 Paul, Ron, Tex., E153, E155, E156, E158, E159 Abercrombie, Neil, Hawaii, E151 Hinojosa, Rube´n, Tex., E162 Platts, Todd Russell, Pa., E157 Berman, Howard L., Calif., E140 Hoyer, Steny H., Md., E167 Radanovich, George, Calif., E142 Bishop, Timothy H., Jr., N.Y., E147 Hunter, Duncan, Calif., E151 Rangel, Charles B., N.Y., E148 Blumenauer, Earl, Ore., E139 Israel, Steve, N.Y., E157, E159 Blunt, Roy, Mo., E164 Johnson, Eddie Bernice, Tex., E141 Renzi, Rick, Ariz., E150 Boehlert, Sherwood, N.Y., E165 Kanjorski, Paul E., Pa., E166 Reyes, Silvestre, Tex., E139 Calvert, Ken, Calif., E140 Kirk, Mark Steven, Ill., E146 Rogers, Mike, Ala., E140 Camp, Dave, Mich., E149 Kolbe, Jim, Ariz., E149 Rothman, Steven R., N.J., E148 Capps, Lois, Calif., E167 Kucinich, Dennis J., Ohio, E142, E144, E146, E147, E149 Saxton, Jim, N.J., E149 Capuano, Michael E., Mass., E143, E144 Lantos, Tom, Calif., E168 Shimkus, John, Ill., E142, E143, E144, E146, E148, E150 Castle, Michael N., Del., E139 Larson, John B., Conn., E161 Shuster, Bill, Pa., E141 Combest, Larry, Tex., E164 Leach, James A., Iowa, E167 Solis, Hilda L., Calif., E153, E156, E157 Davis, Danny K., Ill., E167 Lee, Barbara, Calif., E160 Stark, Fortney Pete, Calif., E141, E144 Duncan, John J., Jr., Tenn., E147 McGovern, James P., Mass., E160 Forbes, J. Randy, Va., E140 McInnis, Scott, Colo., E152, E153, E156, E157, E159, Udall, Mark, Colo., E152, E154, E156, E158, E159, E162, Frank, Barney, Mass., E151 E160, E161, E164, E166, E167 E166 Gillmor, Paul E., Ohio, E143, E144 Manzullo, Donald A., Ill., E145 Waxman, Henry A., Calif., E140 Graves, Sam, Mo., E142 Ney, Robert W., Ohio, E163 Wilson, Heather, N.M., E146

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