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

Vol. 149 WASHINGTON, WEDNESDAY, FEBRUARY 12, 2003 No. 26 House of Representatives The House met at 10 a.m. lic for which it stands, one nation under God, TRUSTING REPUBLICAN The Reverend Wayne Jenkins, Pas- indivisible, with liberty and justice for all. PRINCIPLES TO CHANGE AMERICA tor, First Baptist Church, Alexandria, (Mr. DELAY asked and was given per- Virginia, offered the following prayer: f mission to address the House for 1 Dear Father, I lift to You the Mem- minute and to revise and extend his re- bers of Congress, their staff members, THE REVEREND WAYNE JENKINS marks.) their spouses and their children. I pray Mr. DELAY. Mr. Speaker, America’s that You draw them into personal rela- (Mr. CARSON of Oklahoma asked and was given permission to address the success in reforming the dysfunctional tionship with You today. Reveal Your- welfare system during the mid-1990s is self to them. Fill them with Your Holy House for 1 minute and to revise and extend his remarks.) one of our House Republican majority’s Spirit. proudest hours. We reached out with By of Jesus Christ, cast Mr. CARSON of Oklahoma. Mr. the hand of hope to millions of Ameri- out all dark and evil spirits. Allow no Speaker, it is a great pleasure today to cans who lost control of their own des- influence to come near to them except welcome Pastor Wayne Jenkins from tinies as they , trapped within the that which is first filtered through the First Baptist Church of Alexandria, grip of a destructive Federal-funded light of Your Son, Jesus Christ. Cover Virginia, as our guest chaplain. life-style of apathy and ambivalence. them with the blood of Christ. Seal Pastor Jenkins has served as the Pas- Welfare reform gave millions of fami- them with the cross of Christ. Redeem tor for Education and Married Adults lies a powerful message of inspiration them by Your grace. Transform them for 8 years. His wife of 34 years, Caro- and achievement. They had not been by Your power. Teach them by Your lyn Jenkins, is the Minister of Edu- written off. They were not trapped be- wisdom. Unite them by Your love. Lead cation at Downtown Baptist Church in hind. They were not the perpetual pris- them by Your purpose. Focus them on Alexandria, and they have two adult oners of perverse incentives. Your vision. Remind them of their children, Rand Jenkins who works with Our House Republican majority said, total dependence upon You. Sustain the Baptist General Convention of Your American dream is alive and we them by Your word. Sanctify them for and lives in Fort Worth with his appeal to each of you to discover your Your Holy Service. Encourage them by wife, Denise, and Clare Jenkins, who passion and follow your heart. Millions Your counsel. Protect them by Your serves on my staff as a legislative as- of formerly dependent people seized the sovereignty. sistant. challenge. They lifted their family to Father, I entrust them to You and I A man of strong faith, members of security, stability, and they discovered pray this prayer through Your Son, his church and community recognize the inherent nobility of work, all types Jesus Christ. In the name of the Father Pastor Jenkins as a wise spiritual lead- of work. There is virtue in hard work and the Son and the Holy Spirit, Amen. er and encourager. As Pastor of Edu- of any kind. A job done well earns our f cation and Married Adults, Pastor Jen- respect in any arena. THE JOURNAL kins enjoys a wide range of ministry at This success also taught Republicans First Baptist and impacts lives The SPEAKER. The Chair has exam- a potent lesson. When we trust our through counseling, teaching and ined the Journal of the last day’s pro- principles, they work. By applying Re- preaching. Pastor Jenkins leads a ceedings and announces to the House publican principles to social policy, we growing ministry for developing Chris- his approval thereof. demonstrated that our approach works tians, starting 40 new Bible study Pursuant to clause 1, rule I, the Jour- even better in practice than it ap- classes in 5 years and baptizing 82 into nal stands approved. peared on paper or theory. And our the faith last year. Throughout his ca- principles will work just as well when f reer of over 30 years, Pastor Jenkins we apply them to many of the other PLEDGE OF ALLEGIANCE has demonstrated consistent church difficult social problems that are di- The SPEAKER. Will the gentleman leadership and a passion for God’s serv- minishing young lives, straining fami- from Oklahoma (Mr. CARSON) come for- ice. lies, and weakening our broader soci- ward and lead the House in the Pledge Admired by his parishioners and ety. of Allegiance. loved by his family, it is my pleasure We need to be confident. We need to Mr. CARSON of Oklahoma led the to introduce Pastor Jenkins today, and engage our Republican approach to in- Pledge of Allegiance as follows: I thank him for giving us a wonderful dividual empowerment across the full I pledge allegiance to the Flag of the word to start our business this morn- spectrum of problems that we are con- United States of America, and to the Repub- ing. fronting as a country. And we need to

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

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VerDate Jan 31 2003 02:26 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A12FE7.000 H12PT1 H396 CONGRESSIONAL RECORD — HOUSE February 12, 2003 guard against the erosion of the impor- Thousands of Elder faithful flocked from Orlando to Los Angeles. When I tant principles that are turning lives to Fawcett Stadium to urge the Pan- did this last night, I found nine dif- around in cities, counties and States thers to victory. Those who could not ferent flights that cost less than the from north to south, to ocean. make the cross-State trip sat glued to average per-passenger loss the Federal Specifically, we have to promote their TVs, hanging onto every play. Government subsidizes on the work to foster independence; improve From the opening kickoff to the game- Sunset long-haul route. To put it sim- young lives by lifting children from the saving defensive stand, fans were ply, the government would save money grip of poverty; strengthen families by thrilled by the championship effort and if we bought a plane ticket for every fostering respect for the institution of heart displayed by the young men from person taking the Sunset Limited from marriage; and finally, to boost the for- Elder. Orlando to Los Angeles. tunes of every single American by Mr. Speaker, Elder’s hard-fought and Mr. Speaker, our country is at war unleashing a broad economic expansion inspiring victory has brought pride and with terrorism and may soon have to that will spread opportunity to every honor to Price Hill, and to our entire go to war with Iraq. Our economy is willing worker. community. Football fans throughout slowly recovering from the double Mr. Speaker, that is our dream for the Cincinnati area congratulate the whammy of recession and the 9/11 at- the people of this country, fulfilling Panthers and share in their celebra- tacks. There are tough choices to be America’s promise for every man, tion. As a former LaSalle Lancer my- made and scarce resources available woman and child. self, let me conclude by saying, Go from which to fund our key priorities. f Panthers. We cannot continue to provide unac- SUPPORT DEMOCRATIC SUB- f countable and never-ending sums of money for Amtrak, a system which re- STITUTE OF H.R. 4, PERSONAL RESOLUTION OF INQUIRY RESPONSIBILITY, WORK AND fuses to reform itself. (Mr. KUCINICH asked and was given FAMILY PROMOTION ACT OF 2003 f permission to address the House for 1 (Ms. of Cali- minute and to revise and extend his re- TRIBUTE TO COACH ROBERT fornia asked and was given permission marks.) HUGHES to address the House for 1 minute and Mr. KUCINICH. Mr. Speaker, this (Mr. FROST asked and was given per- to revise and extend her remarks.) morning I will be introducing a resolu- Ms. LORETTA SANCHEZ of Cali- mission to address the House for 1 tion of inquiry which demands the fornia. Mr. Speaker, I rise today to minute and to revise and extend his re- President transmit to the House of comment on H.R. 4, the Personal Re- marks.) Representatives the complete Iraqi sponsibility, Work, and Family Pro- Mr. FROST. Mr. Speaker, I rise today declaration on its weapons of mass de- motion Act of 2003 and to voice my sup- to pay tribute to Coach Robert Hughes struction, that was provided to the port for the Democratic substitute. of Dunbar High School in Fort Worth, The Republican bill is an unfunded United Nations on December 7, 2002. one of the greatest legends in Texas mandate for the States. H.R. 4 will cost If the administration is intent on sports history. the States a total of $11.1 billion, with taking this country into a war, I be- Last night, before 7,000 fans, Coach my State, , being hit the lieve it is incumbent upon them to Hughes earned his 1,275th win, sur- hardest with almost $2.5 billion. make the document which was por- passing legendary Coach Morgan In contrast, the Democratic bill prop- trayed as evidence of an Iraqi threat Wooten of DeMatha High School in erly funds employment services and available for all to evaluate. As of Maryland, to become the winningest quality child care for families. The today, neither Congress nor the media high school boys basketball coach in Democratic bill would replace the cur- nor the American people have seen the U.S. history. During that time, his rent caseload reduction credit with an full Iraqi declaration of weapons of team has lost just 248 games. employment credit, which means we mass destruction. Instead, we have Coach Hughes’ remarkable career would reward States for moving people only heard interpretations of the docu- began almost half a century ago, in into jobs, not just off the welfare rolls. ment from the White House and the 1958, at I.M. Carroll High School in Finally, the Democratic proposal en- United Nations. Fort Worth. Coach Hughes won his first sures fairness for legal immigrant fam- Let the American people and we, State championship in 1963. More State ilies. It removes the 5-year ban on their elected Representatives, who titles would follow in 1965, 1967, and States to help legal immigrants with under our Constitution have the power 1993. Coach Hughes has been coaching Federal TANF funds, Medicaid services to declare war, determine the justifica- for Dunbar since 1973, and he continues for pregnant women and children, and tion for war, let the primary docu- to serve as a role model for young play- SSI benefits for disabled children. ments be transmitted in their complete ers and students who take pride in call- Mr. Speaker, speaking as a daughter and unedited form and be brought to ing themselves Wildcats. of immigrants who are now U.S. citi- the light of day. After more than 20 district titles, zens, it is un-American to enact laws Mr. Speaker, the American people Coach Hughes clearly is not finished that discriminate against those who have the right to see this information. yet. Last night Dunbar earned its come here legally looking for a chance Congress has the right to see this infor- fourth consecutive Texas Division 7–4A to start a new life. mation, and the administration has an basketball title and is off to the play- f obligation to show it before sending offs. His team is 39–1 this year. any of our sons and daughters into bat- It is a pleasure to honor Coach CONGRATULATING ELDER HIGH tle. SCHOOL FOOTBALL TEAM Hughes. Go Wildcats in the playoffs. f (Mr. CHABOT asked and was given f DERAIL AMTRAK FUNDING permission to address the House for 1 b 1015 minute and to revise and extend his re- (Mr. KENNEDY of Minnesota asked marks.) and was given permission to address A HIGHER CALLING Mr. CHABOT. Mr. Speaker, on the the House for 1 minute and to revise (Mr. PENCE asked and was given per- blustery, frigid evening of November and extend his remarks.) mission to address the House for 1 30, 2002, the Elder High School football Mr. KENNEDY of Minnesota. Mr. minute.) team made their championship dreams Speaker, I rise today to bring to the at- Mr. PENCE. Mr. Speaker, it was a reality. The Elder Panthers overcame tention of my colleagues a grave error made official last week: our alert sta- the weather, a 4-hour bus ride, and a I feel is being made in the negotiations tus is high. For many Americans, this spirited Warren Harding team to re- of the Omnibus Appropriations Act. call for high vigilance has resulted in turn the Ohio State football champion- Mr. Speaker, I ask my colleagues to high anxieties. And in these days of ship to Cincinnati for the first time go to their computers, check a travel war and rumors of war, we are even since Princeton High School won in Web site or call their travel agent and hearing the voice of our enemy echo 1987. find out how much it would cost to fly across the airwaves of the world.

VerDate Jan 31 2003 02:26 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K12FE7.002 H12PT1 February 12, 2003 CONGRESSIONAL RECORD — HOUSE H397 But I offer, Mr. Speaker, that we of genocide against the ethnic minori- the Justice Department under Presi- need to hear a different voice today. It ties by the ruling SPDC dictatorship in dents of both political parties as a Fed- is the voice that comforted our found- Burma. eral prosecutor and as the assistant to ers and has comforted every American We met with victims’ groups, land the Solicitor General. hero throughout our history. As the mine victims, orphans, rape victims Despite all of that, to date the Sen- Psalmist wrote so many years ago, ‘‘He and others. One little boy I met was an ate has not acted on the nomination of who dwells in the shelter of the Most 8-year-old orphan. He had seen both of Miguel Estrada, along with many other High will rest in the shadow of the Al- his parents killed, then he was traf- judicial nominations. There is no ques- mighty. He will say, ‘He is my refuge ficked over the border into Thailand tion that Miguel Estrada is highly and my fortress, my God in whom I and there he escaped to the refugee qualified to serve on the Federal bench. trust.’ He will save you from the fowl- camps. This little boy was so trauma- Mr. Speaker, it is time to give the er’s snare, from the deadly pestilence; tized that he could not even smile. I President what he has asked for and he will cover you with his feathers, and saw many children like him. what the American people deserve, a under his wings you will find refuge.’’ Mr. Speaker, the U.S. Government great judge in Miguel Estrada. May the favor of the Lord our God and the international community must f rest upon our President, our troops in do something to assist the people of HONORING LEGENDARY WICHITA, the field, and all those brave men and Burma and stop the brutality. Other- KANSAS, RADIO PERSONALITY women who serve in every Federal wise, we will all be responsible for the MICHAEL C. ‘‘OL’ MIKE’’ OATMAN place in this Nation this day. successful genocide campaign ethnic f cleansing going on by the vicious mili- (Mr. TIAHRT asked and was given tary of the SPDC. permission to address the House for 1 THE WAR ON TERRORISM f minute and to revise and extend his re- (Mr. MCDERMOTT asked and was marks.) given permission to address the House ELIMINATE THE UNFAIR DOUBLE Mr. TIAHRT. Mr. Speaker, I rise for 1 minute and to revise and extend TAXATION ON DIVIDEND INCOME today to honor a man who had a tre- his remarks.) (Mr. WILSON of South Carolina mendous impact on the country music Mr. MCDERMOTT. Mr. Speaker, to- asked and was given permission to ad- industry, was a strong advocate for morrow we are going to pass the wel- dress the House for 1 minute and to re- Wichita, Kansas, and was a great friend fare reform act without a single hear- vise and extend his remarks.) to many, including me. ing in the subcommittee or in the full Mr. WILSON of South Carolina. Mr. Michael C. Oatman, or Ol’ Mike as we committee. It simply went to the Rules Speaker, I rise today to call for an end all knew him, left this Earth on Janu- Committee and will come to the floor to the unfair double taxation on divi- ary 27. Although we wish he could have without debate in this House. dend income. President Bush has made spent more time with us, he certainly I implore you, Mr. Speaker, to bring it known that it is fundamentally made the most of the time that he had. the domestic security enhancement wrong to tax any income twice. Mike was born in west Texas where bill to the committee and then to the Many would like to play class war- he began a legendary radio career. In floor with full debate before you try fare politics with this issue, but that 1964 he moved to Wichita and built not and run it through in the confusion argument simply does not stand up. only a radio empire but a reputation around some terrorist act. Since 1990, stock ownership in the that earned him love and respect. His I give two quotes and let people de- United States has doubled. Today in morning show of 36 years was popular cide who said what. The first is: ‘‘The America more than half of all house- not because of the music he played but people can always be brought to the holds own stock and half of all dividend because of the man who played the bidding of the leaders. That is easy. All income is owned by seniors. Econo- music. you have to do is tell them they are mists anticipate that the stock market Ol’ Mike received just about every being attacked and denounce the paci- will rise between 10 and 20 percent once award a radio broadcaster could earn. fists for lack of patriotism and expos- this unfair double taxation is elimi- All of those honors pale in comparison, ing the country to danger. It works the nated. This creates more capital for though, to his final reward. Mike ac- same way in any country.’’ spending and investment which leads cepted Christ as his personal Lord and The second quote is: ‘‘To those who to job creation. savior and now is in a much better scare peace-loving people with phan- I thank President Bush and Federal place. And oh how I wish I could have toms of lost liberty, my message is Reserve Chairman Greenspan for their been at those pearly gates to see St. this: ‘Your tactics only aid terrorists, leadership on this issue. Also, I want to Peter’s response when he was intro- for they erode our national unity and commend Grover Norquist, president of duced to the tee-legged, toe-legged, diminish our resolve.’ ’’ Americans for Tax Reform, for his out- bee-legged, bow-legged, curly-haired, The first is a quote from Hermann spoken advancement of a more fair tax pee-williker Ol’ Mike. That was Ol’ Goering, the propagandist for the system. That is why I have introduced Mike’s radio show sign-on and was cer- Nazis. The second is John Ashcroft. H.R. 225, the Double Taxation Elimi- tainly as unique as the man himself. Consider the similarity. We do not need nation Act of 2003. I ask my colleagues We will miss you, Mike, but we will to lose more of our liberties to defend to join me in stopping this unfair dou- keep our old Hank Williams records ourselves in this country. ble taxation on dividend income. and look you up when we join you on f f those streets of gold. BURMA THE JUDICIAL NOMINATION OF f (Mr. PITTS asked and was given per- MIGUEL ESTRADA ON THE ISSUE OF THE MIGUEL mission to address the House for 1 (Mr. CHOCOLA asked and was given ESTRADA CONFIRMATION minute and to revise and extend his re- permission to address the House for 1 (Mr. GINGREY asked and was given marks.) minute and to revise and extend his re- permission to address the House for 1 Mr. PITTS. Mr. Speaker, I rise today marks.) minute and to revise and extend his re- on behalf of the ethnic minorities of Mr. CHOCOLA. Mr. Speaker, I rise marks.) Burma, otherwise known as Myanmar. today to support Miguel Estrada to be Mr. GINGREY. Mr. Speaker, I rise In January, I visited the Thai-Burma United States circuit judge for the Dis- today to address the House on a very border and met with refugees, democ- trict of Columbia circuit. Mr. Estrada important matter. I would like to racy activists, prisoner-of-conscience was nominated nearly 21 months ago. speak about Miguel Estrada, President groups and others working to help the He has argued 15 cases before the Bush’s nomination for the United people of Burma. Sadly, the inter- United States Supreme Court. He States Court of Appeals for the District national community has failed to rec- would also be the first Hispanic judge of Columbia. I applaud the nomination. ognize that there is, under inter- on the U.S. Court of Appeals for the Miguel Estrada would not only be the national legal definitions, a campaign D.C. circuit. Mr. Estrada has served in first Hispanic to sit on this court but

VerDate Jan 31 2003 02:29 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K12FE7.004 H12PT1 H398 CONGRESSIONAL RECORD — HOUSE February 12, 2003 more importantly he is a very well- Mr. STEARNS. Mr. Speaker, Med- that they just do not like the guy? Be- qualified nominee. Miguel Estrada has icaid is a mounting expense and a cause he is definitely qualified to sit on argued 15 cases before the Supreme source of frustration to beneficiaries, the D.C. Court. Court. He received a ‘‘well-qualified’’ providers, and taxpayers. Our States He would be the first Hispanic on rating from the American Bar Associa- need long-term solutions, not short- that court. He graduated magna cum tion, the highest rating possible. He term cash infusions. But there is good laude from Harvard, graduated Phi has also received an ‘‘outstanding’’ rat- news. There are regulations in Med- Beta Kappa from Columbia College. He ing in every performance category dur- icaid, section 1115 waivers. These give has argued 15 cases before the Supreme ing his tenure in the Solicitor Gen- States more flexibility to design and Court and was unanimously rated eral’s office under a previous adminis- implement programs that work. One ‘‘well qualified’’ by the American Bar tration. success story has the potential to save Association and called an extraor- It is interesting to note that five of money and even more importantly in- dinary legal talent by the Clinton So- eight judges currently serving on the still choice into the program. licitor General. D.C. circuit had no previous judicial Florida, Arkansas, and New Jersey So what seems to be the problem, experience. Mr. Speaker, it is clear have a demonstration project called Democrats? Miguel Estrada is a well-qualified can- the Cash and Counseling Program. It Let us go on further. He is 41 years didate for the bench. Yet the Senate permits participants, with minimal as- old. He has been in private practice 7 has still not acted on this important sistance, to direct their own health years. He was a U.S. attorney for 2 appointment. care and manage the funds allocated years. He worked for the U.S. Justice for their needs. In Florida, it is en- f Department. But do the Members know tirely voluntary for frail elders, the de- THE JUDICIAL NOMINATION OF what? He is Hispanic, and what the velopmentally disabled and physically MIGUEL ESTRADA Democrats are saying is because he has disabled. The eligible are given their no prior judicial experience. That is in- (Mr. BURNS asked and was given own personal cash allowance to spend teresting because out of the seven permission to address the House for 1 on established health care purchases. judges on the D.C. judicial court cir- minute and to revise and extend his re- This is resulting in choice, heightened cuit, five of the seven did not have ju- marks.) personal responsibility, and potential dicial experience. Is it not interesting Mr. BURNS. Mr. Speaker, I rise cost savings. I commend Governor Jeb that two of the Supreme Court justices today to discuss an issue that affects Bush for his success and only hope that did not have judicial bench experience? all Americans: judicial nominations. It Cash and Counseling is expanded across And yet this Hispanic guy comes along, is imperative that we in this Congress this Nation. take a stand today and say enough is and suddenly the Democrats are really f enough, that together we will end the concerned about judicial experience. politics of ethnic and gender exploi- REGARDING THE NOMINATION OF Mr. Speaker, I urge the Democrats to tation and begin an era where our con- MIGUEL ESTRADA let this nominee go and put him on the stitutional prerogatives override per- (Mr. BRADLEY of New Hampshire D.C. Court. We need people like this. sonal or party political ambition. asked and was given permission to ad- He is an American success story, and I Mr. Speaker, the judiciary is the dress the House for 1 minute and to re- applaud President Bush for nominating branch of the Federal Government that vise and extend his remarks.) him. people rely on for impartiality and Mr. BRADLEY of New Hampshire. sound judgment. If they must be im- Mr. Speaker, I rise today to support f partial, then as a coequal branch of the nomination of Miguel Estrada to government, we should be impartial in the United States Court of Appeals for RECESS selecting them. It stands to reason the District of Columbia. Mr. Estrada The SPEAKER pro tempore (Mr. that America’s diversity extends to the has proven himself to be an extremely CULBERSON). Pursuant to clause 12(a) of judiciary, not simply for diversity’s qualified candidate for this position. A sake but because citizens of this great rule I, the Chair declares the House in lawyer with a distinguished edu- recess subject to the call of the Chair. Nation have the right to be judged by cational background, Mr. Estrada has Accordingly (at 10 o’clock and 32 their peers. As Americans are diverse, argued 15 cases before the United minutes a.m.), the House stood in re- so should be its jurists. States Supreme Court, all before the cess subject to the call of the Chair. Mr. Speaker, in the past 2 years we age of 40, which is truly an accomplish- have seen nominees for the Federal ment. In addition, he has received a bench swept aside not because of ideo- unanimous ‘‘well qualified’’ evaluation f logical disagreements or their prior de- from the American Bar Association, its cision-making record, but due to polit- highest ranking. b 1505 ical calculations about the effect their Mr. Estrada has spent time at the ethnicity or gender may have on the Justice Department under both Repub- AFTER RECESS next election. The base politics of eth- lican and Democratic administrations nicity and gender, couched in rhetoric and has demonstrated a commitment The recess having expired, the House of ideological bias, is destroying quali- to upholding the integrity of the law. was called to order by the Speaker pro fied nominees’ potential for good pub- He has been called ‘‘an extraordinarily tempore (Mrs. BIGGERT) at 3 o’clock lic service. legal talent’’ and ‘‘genuinely compas- and 5 minutes p.m. Mr. Speaker, let us go forth today sionate’’ by a former Solicitor General, and end ethnic and gender political two accolades which lend much support f maneuvering and begin an era of true and credibility to his nomination. impartiality in our judicial system and ANNOUNCEMENT BY THE SPEAKER f improved public service for our fellow PRO TEMPORE citizens. b 1030 The SPEAKER pro tempore. Pursu- f SUPPORTING THE NOMINATION OF ant to clause 8 of rule XX, the Chair ON MEDICAID ‘‘CASH AND COUN- MIGUEL ESTRADA will postpone further proceedings SELING’’ DEMONSTRATION (Mr. KINGSTON asked and was given today on motions to suspend the rules PROJECT: CONSUMER DIRECTED permission to address the House for 1 on which a recorded vote or the yeas CARE WORKS minute and to revise and extend his re- and nays are ordered, or on which the (Mr. STEARNS asked and was given marks.) vote is objected to under clause 6 of permission to address the House for 1 Mr. KINGSTON. Mr. Speaker, what is rule XX. minute and to revise and extend his re- the deal with the Democrats and Record votes on postponed questions marks.) Miguel Estrada? Is it racism or is it will be taken later today.

VerDate Jan 31 2003 02:26 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K12FE7.006 H12PT1 February 12, 2003 CONGRESSIONAL RECORD — HOUSE H399 RECOGNIZING THE COURAGE AND withstanding the tremendous suffering in- Mr. DELAY. Madam Speaker, I thank SACRIFICE OF UNITED STATES flicted upon him, demonstrated an unfailing the gentleman for yielding me this ARMED FORCES HELD AS PRIS- devotion to duty, honor and country, who, time. I greatly appreciate the chair- ONERS OF WAR DURING THE during his military career, was awarded two man for bringing this resolution to the Silver Stars, two Legions of Merit, the Dis- VIETNAM CONFLICT AND CALL- tinguished Flying Cross, one Bronze Star floor at this time. It is a timely resolu- ING FOR A FULL ACCOUNTING with ‘‘V’’ device for valor, two Purple tion, as we all know. OF THOSE WHO REMAIN UNAC- Hearts, four Air Medals, and three Out- Madam Speaker, most of us feel COUNTED FOR standing Unit awards, who retired from ac- something very special for the gen- Mr. HUNTER. Madam Speaker, I tive duty in 1979 in the grade of colonel, and tleman from Texas (Mr. SAM JOHNSON). who personifies the verse in Isaiah 40:31, We feel a profound sense of gratitude to move to suspend the rules and agree to ‘‘They shall mount with wings as eagles’’; the resolution (H. Res. 62) recognizing every American who has suffered great- Whereas the American military personnel ly in defense of freedom. And prisoners the courage and sacrifice of those who were prisoners of war during the Viet- members of the United States Armed nam conflict truly represent all that is best of war frequently suffer levels of abuse Forces who were held as prisoners of about America; that most of us could scarcely imagine, war during the Vietnam conflict and Whereas the 30th anniversary of Operation let alone endure. calling for a full accounting of the 1,902 Homecoming begins on February 12, 2003, and Each of our American prisoners of members of the Armed Forces who re- ends on April 1, 2003; war should know that the people of Whereas the world acknowledges that the main unaccounted for from the Viet- this country cherish their service. words inscribed by an American prisoner of They have our solemn gratitude and nam conflict. war in a Hanoi Hilton cell, ‘‘Freedom has a The Clerk read as follows: our solemn appreciation. taste to those who fight and die for it that Let me say a few words about my H. RES. 62 the protected will never know’’, are bitterly friend, the gentleman from Texas (Mr. Whereas recent world events have brought true and eternally appreciated; and SAM JOHNSON), because there is a les- Americans closer together, while reinvigo- Whereas the Nation owes a debt of grati- rating our patriotism, reminding us of our tude to these patriots and their families for son in SAM’s story for the rest of us. precious liberties and freedoms, and giving their courage, heroism, and exemplary serv- Even during the most trying and emo- us a greater appreciation for the men and ice: Now, therefore, be it tionally wrenching experiences that women of the United States Armed Forces Resolved, That the House of Representa- life can possibly confront us with, the who daily defend our homeland; tives— eternal qualities endure and they will (1) expresses its deepest gratitude for, and Whereas the honor and valor of past and sustain us. present members of the United States Armed calls upon all Americans to reflect upon and to show their gratitude for, the courage and SAM emerged from those years of Forces have inspired many young people, brutality with his essential virtues once again, to serve their country; sacrifice of the brave members of the United Whereas participation by the United States Armed Forces, including particularly only that much stronger. His captors States Armed Forces in combat operations Sam Johnson of Texas, who were held as attempted to strip away the qualities in Southeast Asia during the Vietnam con- prisoners of war during the Vietnam conflict; that took him to Vietnam, but the tor- flict resulted in more than 700 American (2) urges States and localities to honor the turers’ twisted objective utterly failed, courage and sacrifice of those prisoners of military personnel being taken prisoner by because far from eroding SAM’s defin- war with appropriate ceremonies and activi- enemy forces; ing principles, the abuse only tempered Whereas American military personnel who ties; (3) acting on behalf of all Americans, will his convictions and raised them to a were taken prisoner were held in numerous new plane upon which they were for- prisoner of war facilities, the most notorious not forget the 1,902 members of the United of which was Hoa Lo Prison in downtown States Armed Forces who remain unac- ever beyond the reach of evil or intimi- Hanoi, Vietnam, which was dubbed by pris- counted for from the Vietnam conflict and dation. oners held there as the ‘‘Hanoi Hilton’’; will continue to press for a full accounting of SAM JOHNSON came home with his Whereas on January 23, 1973, the United all of these members; and love of country, his passion for family, States and North Vietnam jointly announced (4) honors all of the members of the United his reverence for freedom, and his faith the terms of a cease-fire agreement, which States Armed Forces who have fought and in the Lord immensely strengthened. died in the defense of freedom. included the release of prisoners of war; And, as it was for SAM JOHNSON in Whereas the return of the American pris- The SPEAKER pro tempore. Pursu- the Hanoi Hilton, so too will it be for oners of war to the United States and to ant to the rule, the gentleman from the United States during our war their families and comrades was designated California (Mr. HUNTER) and the gen- against tyranny and terrorism. Our en- Operation Homecoming; tleman from Arkansas (Mr. SNYDER) emies may think that acts of brutality Whereas on February 12, 1973, the first each will control 20 minutes. group of American prisoners of war were re- The Chair recognizes the gentleman and mass murder will divert Americans leased at airfields near Hanoi and Loc Ninh, from our purpose, but they do not un- from California (Mr. HUNTER). and the last Operation Homecoming repatri- derstand America. As SAM JOHNSON and GENERAL LEAVE ation took place on April 1, 1973; most Texans would tell them, we have Mr. HUNTER. Madam Speaker, I ask Whereas many American military per- drawn our line in the sand and will unanimous consent that all Members sonnel who were taken prisoner as a result of never back until every last ter- combat in Southeast Asia have not returned may have 5 legislative days within rorist stands before judgment. to their loved ones and their fate remains which to revise and extend their re- Thank you, SAM JOHNSON, for your unknown; marks on H. Res. 62. Whereas American military personnel who The SPEAKER pro tempore. Is there service to your country. God bless you, were prisoners of war in Southeast Asia were objection to the request of the gen- and God bless America. routinely subjected to brutal mistreatment, tleman from California? Mr. SNYDER. Madam Speaker, I including beatings, torture, starvation, and There was no objection. yield 5 minutes to the gentleman from denial of medical attention and outside in- Mr. HUNTER. Madam Speaker, I New York (Mr. MCNULTY). formation, and were frequently isolated from Mr. MCNULTY. Madam Speaker, I each other and prohibited from commu- yield myself such time as I may con- thank the gentleman (Mr. SNYDER) for nicating with one another; sume. Whereas the prisoners, at great personal I rise in strong support of this resolu- yielding me this time, and I thank the risk, nevertheless devised a means to com- tion authored by the distinguished ma- gentleman from Texas (Mr. DELAY) for municate with each other through a code jority leader and gentleman from bringing this important resolution to transmitted by tapping on cell walls; Texas (Mr. DELAY). It recognizes the the floor. Whereas the prisoners held in the Hanoi courage and sacrifice of American mili- As I get older, I work more on trying Hilton included then-Major Samuel R. John- tary personnel held prisoner during the to keep my priorities straight. Among son, United States Air Force, now a Member Vietnam conflict and especially high- them are remembering that had it not of Congress from the Third District of Texas, lights the courage and sacrifice of one been for all of the men and women who who was shot down on April 16, 1966, while wore the uniform of the United States flying his 25th mission over North Vietnam, of our own, the gentleman from Texas who spent more than half of his time as a (Mr. SAM JOHNSON), a POW for 7 years. military through the years, people like prisoner in solitary confinement, conducted Madam Speaker, I yield 5 minutes to me would not have the privilege of himself with such valor as to be labeled by the gentleman from Texas (Mr. going around bragging, as I often do, the enemy as a die-hard resister, and, not- DELAY). about how we live in the freest and

VerDate Jan 31 2003 02:29 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\K12FE7.011 H12PT1 H400 CONGRESSIONAL RECORD — HOUSE February 12, 2003 most open democracy on the face of the For his service, he was awarded two My colleague mentioned the book Earth. Freedom is not free. We have Silver Stars, two Legions of Merit, the that SAM wrote. It is called ‘‘Captive paid a tremendous price for it. Distinguished Flying Cross, one Bronze Warrior: A Viet Nam POW Story.’’ This I try not to let a day go by without Star with Valor, two Purple Hearts, is a young-looking version of Congress- remembering with deepest gratitude four Air Medals, three Outstanding man JOHNSON here on the front, and I all of those who, like my own brother Unit Awards, and the admiration, re- will take the liberty of at least plug- Bill, made the supreme sacrifice. I’m spect, and the appreciation of millions ging the book. thankful to all those who wore the uni- of Americans and Vietnamese. Texas A&M University Press is where form of the United States military, put That makes SAM a tough son of a I got my copy, and like my preceding their lives on the line for us and all gun, but he is also a man of great depth colleague, it is an unadulterated and that we hold dear, and then came back and great faith. On the 47th day of his captivating version of what the life of home and rendered outstanding service confinement, a typhoon blew the win- these men was like in captivity. in our communities, and raised beau- dow open for the first time and he said, Back home, Madam Speaker, I do a tiful families to carry on in their fine ‘‘I saw the sunrise, the ; it was talk primarily in schools. I call it my traditions. God in all His glory.’’ congressional heroes speech in which I Today, most especially, we salute I think God’s glory shines through have blown up photos of Members of and pay tribute to all those who en- SAM JOHNSON. He is a hero to all of us Congress and talk about a 1-, 2-, or 3- dured torture on our behalf as pris- and he certainly has been that to me. minute summary of their life. One of oners of war. Chief among them are my b 1515 the people I talk about is Floyd friend and colleague from the Com- Spence, our great and beloved chair- mittee on Ways and Means, the gen- Mr. SNYDER. Madam Speaker, I yield myself such time as I may con- man, now passed away, and his courage tleman from Texas (Mr. SAM JOHNSON), in the face of having an organ trans- Senator JOHN MCCAIN, and Ambassador sume. Madam Speaker, I rise and join my plant, one of the first in the country Pete Peterson. that had, I believe, a lung transplant. I join my colleagues in saluting them colleagues in support of House Resolu- tion 62, which recognizes the courage One of the people I talk about is SAM, for what they went through remem- and I make the point that SAM and I bering all of those who endured torture and sacrifices of American prisoners of war during the Vietnam conflict and often disagree on political issues on the on our behalf as prisoners of war, and floor of this House. And when you see renewing our collective commitment calls for a full accounting of those who remain unaccounted for from the Viet- those votes where it is 220 to 190, well, to account for all of the American I am usually in the 190 and he is in the military personnel who are still miss- nam conflict. Thirty years ago today the first 220; but the differences in policy and ing in action. politics does not change the fact that Mr. HUNTER. Madam Speaker, I group of American prisoners of war was officially released from captivity in SAM JOHNSON is truly one of America’s yield 11⁄2 minutes to the gentlewoman heroes and I will continue to talk from Texas (Ms. GRANGER), and this Vietnam. Operation Homecoming about him. was at the request of the gentleman began on February 12, 1973; and the last I also mention a former colleague of from Texas (Mr. SAM JOHNSON), that we repatriation occurred on April 1, 1973. ours, Pete Peterson from Florida, who have the best-looking Texans go first. Who can forget those dramatic news was also a prisoner of war during the We made a mistake with the gen- photographs of families being reunited Vietnam conflict, shot down on Sep- tleman from Texas (Mr. DELAY), but with their POWs, their loved ones. In tember 10, 1966. He also had a distin- we are going to make up for it now. less than 2 months, over 500 Americans Ms. GRANGER. Madam Speaker, returned to the United States. guished career in the Air Force and re- since September 11, 2001, Americans During the , over 700 tired as a colonel in 1981. He left Con- have had great lessons in what it American military personnel were gress and served with distinction as means to be a hero. We realize more taken prisoner by enemy forces. The our Nation’s first ambassador to Viet- than ever that we owe a debt of grati- first prisoner of war in the Southeast nam following the Vietnam conflict. I tude to those patriots and their fami- Asia conflict occurred in Laos on met with him in Hanoi as many Mem- lies who fight to protect our freedoms. March 23, 1961. For some like Floyd bers did, and he is also a very fine Today, I am rising to particularly Thompson, who was the longest held American. recognize a man whose life is a lesson POW, it would be nearly a decade be- Also a note, Madam Speaker, about in heroism. fore his family saw him again. Many civilians. We recognize the sacrifices I did not know SAM JOHNSON before I were held in infamous prison facilities, and courage of our servicemembers campaigned to join him here in the such as the Hoa Lo prison, which was who were held as POWs. Twenty-five Congress, but I knew him from his rep- referred to by the prisoners as the civilians were also released as pris- utation and his record. Hanoi Hilton. Many Members of the oners of war during Operation Home- After I came to Washington, I read House have visited the Hanoi Hilton. coming. Twelve were released prior to the book he wrote of his experiences in On January 23, 1973, the United the operation and four escaped. Of the Vietnam. Although it is not a long States and North Vietnam agreed to a 97 individuals listed by the services book, and I am a pretty fast reader, I cease fire and a return of the prisoners that were not returned during Oper- could not read it all in one sitting as I of war. Operation Homecoming re- ation Homecoming, 80 were often do, because I would have to put sulted in the release and return of 591 servicemembers but 17 were civilians. the book down to wipe my eyes, be- Americans. One of the prisoners held, Madam Speaker, recent world events cause I have never known anyone to go and the one we particularly honor remind us that our freedoms are not through what he went through in the today, was then-Major SAM JOHNSON of free. Men and women in uniform volun- name of America. the United States Air Force, now a teer to protect the liberties and ideals He is being recognized today on the Member of Congress from Texas’ third that we hold dear, but there are risks. 30th anniversary of his release from a district. He was shot down on April 16, In our recognition today of our col- North Vietnamese prison camp in 1966, while flying his 25th mission over league, Congressman SAM JOHNSON, and Hanoi, where he spent 7 years as a pris- Vietnam. his former colleagues that served as oner of war, 7 long years, 31⁄2 in solitary He was labeled a die-hard resister and POWs, once again brings home the sac- confinement and 21⁄2 in leg irons. Dur- spent the majority of his time as a rifices that are made. We use SAM ing that time, he was a hero to all he prisoner of war in solitary confine- today as our symbol of all the POWs came in contact with. ment. During his captivity, SAM dem- from that conflict, and we salute them How did he come in contact with his onstrated an unshakeable devotion to today. fellow prisoners? By tapping a code on duty, honor, and country. He retired Madam Speaker, I reserve the bal- the wall and by memorizing 374 names from the Air Force with the grade of ance of my time. of other prisoners, because he never colonel in 1979. It is clearly an honor Mr. HUNTER. Madam Speaker, I lost hope of getting out of that confine- and privilege to serve with SAM in the yield 1 minute to the gentleman from ment and bringing those names home. House of Representatives. Illinois (Mr. CRANE).

VerDate Jan 31 2003 02:26 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\K12FE7.013 H12PT1 February 12, 2003 CONGRESSIONAL RECORD — HOUSE H401 Mr. CRANE. Madam Speaker, I thank and mental abuse but refused to give dinary devotion to duty who are will- the gentleman for yielding me time. up sensitive information on the Amer- ing to following Congressman SAM Madam Speaker, I rise in strong sup- ican military campaign, using tap JOHNSON’s example of steadfast devo- port of this resolution to honor all of codes at the camp where they were able tion to duty in the face of torturous our prisoners of war from the Vietnam to keep in contact with one another. conditions. We must unite as a Nation conflict. In particular, I want to join Mr. JOHNSON began his career in the in support of our troops as we face a the House in paying a special tribute to United States Air Force after grad- time of great danger to our freedom my good friend and colleague, the gen- uating from my alma mater, Southern from terrorists at home and abroad. tleman from Texas (Mr. SAM JOHNSON). Methodist University. He served his Like Congressman JOHNSON, we can SAM’s service to his country has country with distinction in the Viet- rely on our troops’ dedication to pro- spanned the Korean War and the Viet- nam War as well as the Korean War. tect our way of life. We need to do our nam War, where he was a prisoner of Listen to this: he earned two Silver duty to ensure that they have the ma- war for 7 years. Stars, two Legions of Merit, the Distin- terial and moral support they need to In his office on Capitol Hill, SAM has guished Flying Cross, one Bronze Star accomplish the difficult task ahead. a photo of his favorite plane. On it is of Valor, two Purple Hearts, four Air Congressman JOHNSON’s service dem- inscribed part of a special Bible verse Medals and two Outstanding Unit onstrated the highest virtues of patri- from Isaiah, ‘‘They shall mount up Awards. He also served as a director of otism. It is humbling to me as a cur- with wings as eagles,’’ an inscription the Air Force Fighter Weapons School, rent member of the South Carolina that embodies the continuing spirit of popularly known as Top Gun and co- Army National Guard and a source of pride as I am the father of three sons in this great patriot in our midst and one authored the first Air Force tactics the military service who strives to fol- which should inspire all Americans manual for fighter pilots. low Congressman JOHNSON’s historic with the courage to face the critical, I am honored to count the gentleman and heroic example. difficult challenges facing this Nation from Texas (Mr. SAM JOHNSON) as my We thank Congressman JOHNSON for in the days ahead. good friend and his wife as our good friend. I hold him in high regard and his service to our country. It is an It is my distinct honor and privilege honor to know you. It is an honor to to serve with SAM in this great body respect very much the work he has done in strong support of our men and have you as chairman of the sub- and on the Committee on Ways and committee that I serve on in the Com- Means. SAM, you are a true champion women in the military. As one of the few men and women in Congress who mittee on Education and the Work- for all Americans and a true hero to force. God bless you. me. America is better off for your serv- has fought in combat, he is a valued and respected advisor on military read- Mr. SNYDER. Madam Speaker, I ice, and I am very proud to call you my yield 2 minutes to the gentleman from friend. iness for all of us here on this floor. I also appreciate his tireless work on Georgia (Mr. BISHOP). Mr. SNYDER. Madam Speaker, I retirement, health and labor issues. Mr. BISHOP of Georgia. Madam yield 3 minutes to the gentleman from Since being elected to Congress he has Speaker, I thank the gentleman for Texas (Mr. HALL). risen to the post of the highest-ranking yielding me time. Mr. HALL. Madam Speaker, I cer- Madam Speaker, through this resolu- Texas member on the Committee on tainly want to recognize the gentleman tion we express our deepest gratitude Ways and Means and the Committee on from Texas (Mr. SAM JOHNSON). He is a to those who endured the cruel condi- Education and the Workforce, where he friend of mine. He is a neighbor of tions as POWs in Vietnam, to their serves as chairman on the Sub- mine. Our boundaries are contiguous. families who suffered at home, and to committee on Employer-Employee Re- They talk about redistricting and I the sacrifice of every American who de- lations. have always said, If they ever put me fends our freedom. Madam Speaker, I proudly support Our congressional colleagues, the in SAM’s district, he will have the best this resolution and join my colleagues gentleman from Florida, Mr. PETER- campaign manager in the world. It today in honoring this man and the would be me because no one would SON; Senator JOHN MCCAIN of Arizona; men and women who served in Viet- and the gentleman from Texas (Mr. want to run against this great man nam. The gentleman from Texas (Mr. SAM JOHNSON) spent bitter years in the with his history, his background, the SAM JOHNSON) is a true American. I am gifts he has given to this country, the Hanoi Hilton in Vietnam. also proud to record our thoughts In my area of southwest Georgia, the suffering that he has suffered for this today on behalf of those on all wars country. Andersonville Historic Site where the and remember SAM JOHNSON, who Nation’s Prisoner of War Museum and I rise in support of this resolution school children, 200 years from now, and call for a full accounting of the memorial are located tell the story in- will read about this great man. God tensely of the suffering and the limit- 1,902 members of our Armed Forces bless him. who still remain unaccounted for in less courage of our prisoners of war Mr. HUNTER. Madam Speaker, I throughout history. unmarked graves or uncharted jails 1 yield 2 ⁄2 minutes to the gentleman One of my boyhood friends was a somewhere out there. Among those we from South Carolina (Mr. WILSON) in fighter pilot lost for 30 years on a com- honor today are SAM JOHNSON and a the wake of that eloquent statement bat mission in Vietnam whose remains number of others that together they by the gentleman from Texas (Mr. were just recently found. One of my put together a series of codes of com- HALL). constituents was a soldier serving on munication with one another. Mr. WILSON of South Carolina. the joint task force in Southeast Asia This resolution marks the 30th anni- Madam Speaker, I thank the gen- who lost his life last year in an air versary of his return home from being tleman for yielding me time. crash during a search mission. I knew held captive for 7 years. Can you imag- Madam Speaker, as we celebrate the these wonderful young men personally, ine that? Seven years. I think almost 30th anniversary of the gentleman from and I know what their families went half of that in solitary. Texas’ (Mr. SAM JOHNSON) return from through. If you have ever shaken hands with Vietnam after nearly 7 years of brutal Madam Speaker, this resolution him you will feel the hands of a man captivity, I am confident his coura- pledging never to rest until we have a who has had every bone in both of his geous example will serve as an inspira- full accounting for every American lost hands broken, probably from holding tion to our pilots preparing for possible in action honors the services and the the bars and being hit with bamboo, attacks against Saddam Hussein. sacrifices that literally made America being beaten and treated unmercifully Congressman JOHNSON’s devotion to the home of the free, the land of the at the hands of an enemy. his comrades and his country during brave. In April 1966 during his 25th combat 2,500 days of captivity should also serve Madam Speaker, I am proud to stand mission over North Vietnam, Major as a reminder to all Americans of the here today to give tribute to our col- JOHNSON was shot down. He was taken support our servicemen and women de- league, SAM JOHNSON, and others and prisoner. He was taken near Hanoi serve before, during, and after war. all Americans who have served as pris- where he and his fellow POWs were Our voluntary Armed Forces are re- oners of war and to also salute ex-pris- subjected day and night to physical plete with men and women of extraor- oners of war who worked so hard to

VerDate Jan 31 2003 02:26 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\K12FE7.016 H12PT1 H402 CONGRESSIONAL RECORD — HOUSE February 12, 2003 dedicate the memorial in Andersonville Mr. SNYDER. Madam Speaker, I graduate student at the Krannert to the cause that our men and women have no speakers, and I yield 4 minutes School in Purdue University up in West sacrificed for as prisoners of war. I of our time to the gentleman from Lafayette, Indiana, just another day thank them for this honor. I thank California (Mr. HUNTER) to use as he for me; for Lieutenant Colonel SAM them for what they do and the sac- sees fit. JOHNSON, it was the first day he had rifices they have made. The SPEAKER pro tempore (Mrs. been able to breathe free air in over 7 Mr. HUNTER. Madam Speaker, I BIGGERT). Is there objection to the re- years. yield 45 seconds to the distinguished quest of the gentleman from Arkansas? If we look in the dictionary under gentleman from North Carolina (Mr. There was no objection. ‘‘patriot,’’ we ought to see SAM JOHN- BALLENGER). Mr. HUNTER. Madam Speaker, I SON. If we look in the dictionary under Mr. BALLENGER. Madam Speaker, I want to thank the gentleman from Ar- ‘‘hero,’’ we ought to see SAM JOHNSON. am privileged to speak today in honor kansas (Mr. SNYDER) for his bipartisan Director of the Top Gun school; of my friend, the gentleman from gesture and great work on this par- Thunderbird pilot; decorated for two Texas (Mr. SAM JOHNSON). The gen- ticular issue. wars, Vietnam and Korea; holder of tleman is one of the kindest, most Madam Speaker, I yield 45 seconds to two Silver Stars; two Legions of Merit; thoughtful human beings I know, a the gentleman from Florida (Mr. the Distinguished Flying Cross; one principled and unwaivering man. He STEARNS). Bronze Star with Valor; two Purple fights like a lion for what he holds (Mr. STEARNS asked and was given Hearts; four Air Medals; and three out- dear. He is truly a man of mettle and permission to revise and extend his re- standing unit citations. conviction. marks.) By any means he is a hero. He is an Mr. STEARNS. Madam Speaker, I am American patriot. He is my friend. I b 1530 going to quote SAM JOHNSON’s wife. I am glad he is in the House of Rep- SAM is also a war hero if ever there do not think anybody today has done resentatives. God bless you, SAM and was one. I cringe when I think of the that. Let me tell my colleagues what Shirley Johnson. incredible price he paid for the freedom Shirley says: ‘‘When he makes up his Mr. HUNTER. Madam Speaker, in of this great Nation, 7 years as a pris- mind he’s going to do something, he the wake of that eloquent statement oner of war. We all owe him a debt of doesn’t make a big deal of it. He just by the gentleman from Texas (Mr. BAR- gratitude. does it.’’ TON), I yield 45 seconds to the gen- Today Congress recognizes SAM These words, of course, stood true in tleman from Texas (Mr. BURGESS). JOHNSON’s sacrifice and his service to perhaps one of Mr. JOHNSON’s greatest Mr. BURGESS. Madam Speaker, I America. In so doing, we again ac- tests, the hellish 82 months he spent as stand here to recognize a distinguished knowledge freedom at its high cost and a prisoner of war in the Hanoi Hilton. Member of the House of Representa- remember those soldiers who did not Bound by a faith in God and a love of tives, a 29-year veteran of the United return home. Fortunately for us, SAM country, Congressman SAM JOHNSON is States Air Force, Colonel SAM JOHN- did. a man who has given 29 years to the SON, who is my next-door neighbor in I thank the Chair for the chance to United States Air Force, 52 years to his North Texas. honor SAM. wife Shirley, and a lifetime to his Today marks the 30th anniversary of Mr. HUNTER. Madam Speaker, I country. Congressman JOHNSON’s return from yield 1 minute to the gentleman from SAM, congratulations on the 30-year Vietnam as a result of Operation Texas (Mr. HENSARLING). anniversary of freedom and patriotism Homecoming, the project that brought Mr. HENSARLING. Madam Speaker, for this country. I am proud to serve home hundreds of men and women who I thank the gentleman for yielding me with him on the Air Force , had sacrificed their lives for our great the time. which he helped to start. country and served in Vietnam. Madam Speaker, I rise on this occa- Resilient, courageous, steadfast, a patriot, It is a tremendous honor for me to sion to salute the tremendous courage and a friend; SAM JOHNSON is all of these serve in this Chamber with Colonel and profound sacrifices that American things to me. He is a man of unwavering com- JOHNSON. He is a true American hero, a POWs made for our country during the mitment to the betterment of this country. As man who sacrificed his life for the bet- Vietnam conflict. One of those coura- both a statesman and an airman, SAM JOHN- terment of all of us and this country. geous POWs is my friend and our dis- SON has fought both for the sovereignty of de- He knows the true meaning of freedom tinguished colleague, Congressman mocracy and our children’s future. From the because he fought for it, and he spent 7 SAM JOHNSON of Texas. battlefields of Korea and Vietnam to the Halls long years as a POW in Vietnam, over Forced to endure severe torture, soli- of Congress, this ‘‘Top Texan’’ has never lost half of that in solitary confinement. tary confinement, malnutrition and at- sight of his objective, because in his wife Shir- He has dedicated his life to God, his tempts by their captors to force confes- ley’s words, ‘‘When he makes up his mind country and his family. Congressman sions for propaganda, SAM JOHNSON and he’s going to do something, he doesn’t make JOHNSON is a fine example to our future countless other American POWs con- a big deal out of it. He just does it.’’ These generations of a hero. Congressman ducted themselves with uncommon words of course stood true in perhaps one of JOHNSON was willing to give of his life courage and heroic strength of char- Mr. JOHNSON’s greatest test, the hellish 82 in the fight for freedom. acter. months he spent as a prisoner of war at the Today and every day, when I look at I recall a veterans breakfast that Hanoi Hilton. Under constant physical and the American flag, the flag that he Congressman JOHNSON attended in my mental duress SAM JOHNSON never forgot his fought for, I will remember the sac- District with our distinguished col- commitment to his family, his men, and his rifice that he made. league, the gentleman from California country. One of the 12 remaining combat test- Mr. HUNTER. Madam Speaker, I (Mr. CUNNINGHAM), a fellow Vietnam ed members of Congress, Mr. JOHNSON rep- yield 45 seconds to the gentleman from veteran. While trying to convey the resents an elite club of men who have taken Minnesota (Mr. KLINE). ideals that kept him going as he once up arms in the defense of our way of life. We Mr. KLINE. Madam Speaker, I rise thought capture by the North Viet- gather today to commemorate the 30th anni- today to join my colleagues in hon- namese was imminent, the gentleman versary of Mr. JOHNSON’s release from impris- oring the extraordinary accomplish- from California (Mr. CUNNINGHAM) was onment and the amazing things he has ac- ments of a true hero. On the 30th anni- choked by emotion. complished in those short 30 years. Bound by versary of his return from captivity, Putting his arm around him, SAM faith in God and a love of Country, Congress- SAM JOHNSON deserves a far greater JOHNSON finished his sentence, stating man SAM JOHNSON is a man who has given 29 tribute than we can offer today. How- those ideals simply and eloquently, years to the Air Force, 52 to his wife, and a ever, the debt of honor we owe to this ‘‘God and country, God and country.’’ lifetime to his country. great American compels us to do our Every veteran in the room rose to their Mr. HUNTER. Madam Speaker, I part to bring attention to the impact feet in standing ovation. yield 45 seconds to another gentleman his example and leadership provide to Madam Speaker, as a Texan and as from Texas (Mr. BARTON). each of us. an American, I am proud to rise and sa- Mr. BARTON of Texas. Madam Every person in this room, in the gal- lute patriot SAM JOHNSON. Speaker, February 12, 1973, I was a lery and on the floor, has served his

VerDate Jan 31 2003 02:29 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\K12FE7.017 H12PT1 February 12, 2003 CONGRESSIONAL RECORD — HOUSE H403 country, but even the achievements of Madam Speaker, as a freshman mem- The SPEAKER pro tempore. The gen- those of us with a lifetime of military ber of the Texas delegation, I am hon- tleman from California (Mr. HUNTER) service pale in comparison to the serv- ored to be serving alongside Congress- has 123⁄4 minutes remaining. ice and sacrifice exemplified by Con- man SAM JOHNSON. It was on this day Mr. HUNTER. Madam Speaker, I gressman SAM JOHNSON. Not one indi- 30 years ago that SAM arrived home yield 45 seconds to the gentleman from vidual in this room has attained the after almost 7 years as a prisoner of Pennsylvania (Mr. PITTS). level of service and sacrifice exempli- war in Vietnam. He spent his first 31⁄2 Mr. PITTS. Madam Speaker, those of fied by the gentleman from Texas. He years as a prisoner of war in solitary us who have served our country in the is an American hero. confinement. war understand in our hearts what It has been a privilege to know SAM SAM managed to survive these years every American understands in his during my brief tenure as a Member of while maintaining a strong sense of head. We understand the words carved Congress. I look forward to learning pride and an unrelenting faith in God, in stone down at the Korean War me- from his wisdom as we serve together. country and duty. Not only is SAM a morial, the words, ‘‘Freedom is not His service is exemplary, his experi- Vietnam veteran, he is a testament to free.’’ ence unparalleled. I rise to honor this the greatness of American military Thousands of Americans have died in American hero. men and women. a war, but of those who did not die, few Mr. SNYDER. Madam Speaker, I Upon returning with his fellow offi- have gone through what our friend and yield 2 minutes to the gentlewoman cers, his first words were, ‘‘Lieutenant colleague SAM JOHNSON went through from Indiana (Ms. CARSON). Colonel SAM JOHNSON reporting for in Vietnam. For years he suffered tor- Ms. CARSON of Indiana. Madam ture, imprisonment and solitary con- Speaker, I thank the gentleman for duty, sir.’’ SAM reported for duty, and finement. They worked on him relent- yielding me the time; and thanks to to this day he has never left his post lessly to break his spirit, but the spirit my colleagues who had the compassion serving America. of SAM JOHNSON could not be broken. and the wisdom to bring forth this very I thank SAM for all the sacrifices he He refused to betray his country. He vital resolution before the House has made and for the example he today. makes for this House. refused to give up his faith in God. I wanted to add my gratitude and my Mr. SNYDER. Madam Speaker, I I had the privilege of visiting in that prison where he was in solitary 2 weeks applause to the Honorable SAM JOHN- yield myself such time as I may con- ago. It was a horrible place. SAM is a SON for the yeoman service that he has sume. given to this great United States, the If I might, reference was made earlier living hero. He is an example to us all. gentleman from Texas, and oftentimes to SAM’s wife. I know this is a very He is living proof that what America when I have barely been able to get small book, but I have here a picture of stands for is right and just and good. over to the floor, he walks through the Shirley and SAM from 1952, and our I thank SAM for his service to our tunnels with a great deal of pride and staff member Debra Wada says SAM is country, and as a fellow vet, I salute strength, and I just admire him so even better looking today than he was him. much. He does not know the many here in 1952. Madam Speaker, those of us who have ways that he has given me the momen- Madam Speaker, I reserve the bal- served our country in war understand in our tum to walk on here to the House. ance of my time. hearts what every American understands in Along with Congressman JOHNSON Mr. HUNTER. Madam Speaker, I his head. We understand what it says—carved and all of the other wonderful women yield 45 seconds to the gentleman from in stone—on the Korean War Memorial down and men who have made this extreme Texas (Mr. CULBERSON), another one of at the other end of the National Mall. The sacrifice in terms of serving our coun- SAM’s Texas colleagues. words ‘‘FREEDOM IS NOT FREE.’’ Thou- try to preserve its freedom, I wanted to Mr. CULBERSON. Madam Speaker, sands of families have died in war. But of give my thanks and gratitude to that the book of Proverbs teaches that the those who did not die, few have gone through yeoman group of people and to pray for greatest profession, the most valuable what our friend and colleague SAM JOHNSON the safe return of those yet unfound. profession on Earth, is our good name, went through in Vietnam. I would also like to add, Madam and by that measure, SAM JOHNSON is For years he suffered torture, imprisonment, Speaker, that I come from the State of one of the wealthiest men in America. and solitary confinement. They worked on him Indiana. The lieutenant governor there It has been my privilege to serve relentlessly to break his spirit. But the spirit of is the Honorable Joe Kernan, and Mr. with SAM in the Texas house, to sit SAM JOHNSON could not be broken. He re- Kernan entered the United States next to him on the floor there, and my fused to betray his country. And he refused to Army in 1969 and served as a naval great privilege to serve with him here; give up his belief & faith in his God. flight officer on the USS Kitty Hawk, and I have seen firsthand SAM’s devo- I visited that prison 2 weeks ago in Hanoi. and in May of 1972, he was shot down tion to duty, to his country, to honor, Sam is a living hero. He is an example to us AM AM by the enemy when he was engaged in to his core principles. SAM JOHNSON all. Thank you S . S , I salute you. Mr. HUNTER. Madam Speaker, I a reconnaissance mission over North does not take polls to help him decide yield 45 seconds to the gentleman from Vietnam. how to vote. He was held as a prisoner of war for Indiana (Mr. BURTON). He has been a mentor to me, to all of months. He was repatriated in 1973 and Mr. BURTON of Indiana. Madam us who serve with him. We love him continued on active duty until Decem- Speaker, I thank the gentleman for and admire him, and we are immensely ber 1974. yielding me the time. For his service, the Honorable Joe grateful to him for his service to this I have not read this book ‘‘Captive Kernan has received numerous awards, Nation, and it truly is one of the great Warriors’’ yet, but I am going to read including the Commendation Medal, privileges of my life that I have had it. I have known the gentleman for two Purple Hearts and the Distin- the privilege to be here with him, to many years, and I have never been able guished Flying Cross. He is also a grad- serve with him; and I salute him and to get out of him a lot of the things uate of Notre Dame in Indiana. thank him so much for his service to that happened to him in Vietnam, but So there are countless unnamed and this country. I want him to know that from other unrecognized heroes who are similarly Mr. SNYDER. Madam Speaker, I people I have learned that he really is situated, and I just wanted, on behalf yield whatever time I have remaining a hero, and he is a credit not only to of the people that I represent, the to the gentleman from California (Mr. the service of this country, the armed proud State of Indiana, to add my sup- HUNTER) for purposes of control. services, but he is a credit to this port to this needed resolution. The SPEAKER pro tempore. Is there House as well. Mr. HUNTER. Madam Speaker, I objection to the request of the gen- One of the proudest things that I can yield 45 seconds to the gentleman from tleman from Arkansas? say about being a Member of Congress Texas (Mr. CARTER), another one of There was no objection. is, SAM JOHNSON is my friend. SAM’s Texas colleagues. Mr. HUNTER. Madam Speaker, first, Mr. CARTER. Madam Speaker, I I thank my colleague for that gracious b 1545 thank the gentleman for yielding me gesture. How much time do we have re- Mr. HUNTER. Madam Speaker, I the time. maining? yield myself 21⁄2 minutes.

VerDate Jan 31 2003 03:07 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\K12FE7.020 H12PT1 H404 CONGRESSIONAL RECORD — HOUSE February 12, 2003 In that great book, ‘‘The Bridges at served with him, some of whom were turn home to their country and to their fami- Toko Ri,’’ one of James Michener’s not the lucky ones because they did lies. main characters was the commander of not get to come home. I know SAM Today, I want to remember these POWs an aircraft carrier. After the hero in holds them close to his breast in mem- and the 1,902 Members of the U.S. Armed the book had flown off against those ory, along with their families. Forces who remain unaccounted for. And I bridges at Toko Ri in North Korea and It is a true and distinct honor to would also like to pay tribute to my friend SAM been lost, he stood on the ship and he serve in this body with you, SAM. God- JOHNSON, who was among those released dur- asked where does America find these speed, my friend. ing the first day of Operation Homecoming. men who are willing to go in the serv- Mr. HUNTER. Madam Speaker, I SAM, whose distinguished service to his ice, in this case in the U.S. Navy, who yield 1 minute to the gentleman from country did not end after his return, followed fly off these small pitching aircraft Delaware (Mr. CASTLE). up an illustrious career in the Air Force with a carriers, fly to a distant target, heavily Mr. CASTLE. Madam Speaker, I successful career as a developer, a Texas defended, and if they are successful in thank the gentleman for yielding me Legislator, and a Member of Congress since penetrating all that flack and air cover this time, and I would also like to pay 1991. I have served with SAM on the Edu- they try to get back and find that lit- tribute to those who were held pris- cation and Workforce Committee and value tle postage stamp out at sea and make oners of war during the Vietnam con- his friendship and resolve. a successful landing? flict. Like many others, who could have shrunken That book was set against the back- I do not know a lot of those individ- away from the duties of society because of the drop of a war that was not widely her- uals, obviously Senator MCCAIN; but I war, SAM rose above and celebrated his cher- alded in the United States: the Korean do know SAM JOHNSON, who is a rep- ished freedom. Now a distinguished public War. It was a time when a lot of folks resentative of that, and I know that he leader, SAM has endured the horrors of war for were focusing on having a rush-back has all the strengths that one could our country, and in turn has given us much from World War II, having families and ever want in an American. hope and optimism for the future of our nation. building lives and getting jobs and Sam and I are a little different politi- In conclusion, I want to thank SAM for his building businesses; and we were not cally, shall we say. I am a little more service to the United States; and I want to concentrating on that area of the moderate than he is. He can be pretty honor all of those who were POWs in Viet- world, that conflict. Yet a lot of Amer- tough on some issues. And no matter nam. You all served your country admirably icans gave their lives. That question what I say today, he will probably still and we must not rest until everyone is ac- that was asked, where does America not vote the way I would want him to counted for. get these men, could just as easily have all the time. But sitting next to him in Mr. HUNTER. Madam Speaker, how been a question about those great peo- the Committee on Education and the much time do we have remaining? ple that flew off the tarmac in those Workforce, I can still say for certain The SPEAKER pro tempore (Mrs. TAC air bases and strategic air bases that he is a person of tremendous char- BIGGERT). The gentleman from Cali- or long-range air bases that flew mis- acter. fornia (Mr. HUNTER) has 71⁄4 minutes re- sions over North Vietnam. SAM JOHN- To go through the experience that he maining. SON is one of those guys, a guy from has gone through, to represent all the Mr. HUNTER. Madam Speaker, I San Antonio, Texas. interests of defending our country, and yield myself 1 minute. Madam Speaker, it has been brought then to come back to be able to con- Madam Speaker, I would just like to out in all this discussion of whether we tribute the way he has on a regular say that the gentleman from California should have a draft and who partici- basis is something in his system that I (Mr. CUNNINGHAM), I know if he pos- pates and who bears the burden and do not think the average person has in sibly could he would be here speaking who does not bear the burden that his or her system. And for all those for his old buddy, SAM JOHNSON, an- there is a disparate burden of defending reasons I have to believe that all the other great pilot and the only Mig ace this country, and that is why I think it others who went through that must from Vietnam, and a guy who really, is important for all of us to look to have been men of incredible strength really loves SAM JOHNSON. SAM because he is a model of our finest and character. Madam Speaker, I yield such time as citizens. And like the gentleman from So it has been an honor and a pleas- he may consume to the gentleman California (Mr. CUNNINGHAM), the gen- ure and a privilege to work with SAM, from Texas (Mr. SAM JOHNSON), the tleman from Pennsylvania (Mr. PITTS), and to work with all the others. But I man who is the subject of this resolu- and others who have been pilots, like a just wanted to also say thanks to SAM tion. lot of our great veterans who have been for his service to this country. Mr. SAM JOHNSON of Texas. Madam here in this body, he embodies that call Madam Speaker, I rise today to pay tribute Speaker, I thank the gentleman so to a higher duty, a duty that is most of to the military personnel who were held cap- much, and all our colleagues; but you the time inconvenient, and some of the tive during the Vietnam conflict, and to those know, this is not about me. This is times dangerous, but always the most who have yet to be accounted for. about our American fighting men that important duty that one can fulfill on Today, as we consider the prospects of a keep America free, the guys and gals behalf of this country, and that is pro- war with Iraq, it is important that we remain the world over. And they are all over tecting us, giving us our security. mindful of the great sacrifices our past soldiers the world right now, defending freedom Madam Speaker, I yield 45 seconds to have made in the defense of freedom. not just for the United States of Amer- the gentleman from Indiana (Mr. The Vietnam conflict has often been cat- ica but for the world. BUYER). egorized as a dark spot in our nation’s history, I have been a member of the U.S.- Mr. BUYER. Madam Speaker, I could yet for the U.S. soldiers who suffered from un- Russia Commission on POWs and MIAs not resist this tribute to the gentleman speakable acts while prisoners within Vietnam, now for almost 10 years. We are trying from Texas (Mr. SAM JOHNSON). the pain that they carry with them is not a part to find out what happened to our miss- When I think of many of America’s of history; it is as real today as it was thirty ing in action, to those who did not re- heroes, individuals who were chal- years ago. And for the 1,902 Members of the turn home from World War II, Korea, lenged, when you give your reflection, U.S. Armed Forces who remain unaccounted the , Vietnam and Iraq, if we you know you were challenged. When for, we must emphasize our commitment to have one there. So we have not given America’s children ask the questions: not forget their continued sacrifices. up on anyone, and I think that is what Who are our heroes? Do mentors still In the midst of such uncertainty, we must America stands for. It stands behind its exist? Are there living idols? The an- honor the POWs who languished in horrible military. We will go to extreme meas- swer is yes. conditions until their release in beginning in ures to make sure we recover our peo- Sam lived his life in such a manner February of 1973, during ‘‘Operation Home- ple and/or find out what happened to that his character is formed with the coming.’’ A part of them may have been left them. We are still pursuing that effort. virtues and values that have been test- behind in Vietnam, but in the end, they were There are as many as 70,000 from World ed. I am privileged to serve here in this able to rely upon the courage and determina- War II that are missing in action, some body with him, and I know that he rep- tion that makes the U.S. Armed Services the 8,000 from Korea, some 1,800 from Viet- resents a lot of his comrades who best in the world, and ultimately survive to re- nam, and maybe one from Iraq.

VerDate Jan 31 2003 03:07 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\K12FE7.024 H12PT1 February 12, 2003 CONGRESSIONAL RECORD — HOUSE H405 So this Nation is the greatest Nation day over the accomplishments of Navy versus 62, which honors the observance of the 30th in the world, and I and my colleagues Air Force fighters, we have developed a Anniversary of Operation Homecoming. This who fought for it would say that, even strong bond over those shared experiences resolution honors the courage and sacrifice of though we were POWs, if we were re- and our commitment to carry forward the les- those members of the United States Armed quired to go fight for this Nation again sons we learned from them. Forces who were held as prisoners of war dur- for the freedoms we enjoy, we would do SAM, and I have travelled together exten- ing Vietnam and returned home as part of Op- it in a New York minute. So I thank all sively, speaking to veterans’ groups and work- eration Homecoming. my colleagues for recognizing the ing to ensure that Americans understand the For most Americans, it is difficult to con- POWs and for recognizing our service- importance of supporting the military—particu- ceive of the harsh reality that these prisoners men and women around the world and larly at times like these when our troops are of war had to endure. And it is important to all the great things they do for us, and defending freedom around globe. As one who appreciate the sacrifice that these men made, many thanks as well for helping me in was shot down in combat myself, I know how and that service members today are prepared this House of Representatives to make difficult it is to talk about those harrowing ex- to make, in defense of our freedoms. this a better Nation for all of us to live periences—and you won’t hear that from SAM, The first group of American prisoners of the in. We are free and independent, one nor him boasting that record of service or sac- Vietnam War returned home as part of Oper- Nation under God. rifice. But it is clear from the historical records ation Homecoming on February 12, 1973 and God bless you all. Thank you for and the testimony of those who served with the last returned in April of the same year. today. him that he is an American hero, and more These American prisoners of war fought for Mr. HASTERT. Madam Speaker, there just that worthy of the numerous military awards our country with valor and sacrifice. Mr. SAM aren’t enough words to describe a man who and national recognition he ultimately earned. JOHNSON, our very own esteemed colleague, has led such an adventurous, challenging, and From his numerous combat missions and is among these heroes. courageous life as SAM JOHNSON. He is a enemy kills, to the inner strength that earned After entering the U.S. Air Force at the decorated war hero, a distinguished public him the label ‘‘die hard’’ by his captors, SAM young age of 20, Mr. JOHNSON was held cap- servant, and a dedicated husband, father, and stands out as an example of true American tive as a prisoner of war in Hanoi. For seven grandfather. strength. On this anniversary of Operation years, half of that time in solidarity confine- There have been many great public serv- Homecoming, I want to recognize SAM’S ac- ment, this brave individual was held captive, ants who have passed through these great complishments, his bravery, courage, sacrifice until returning back home on February 12, Halls of Congress, and SAM is certainly one of and service to this nation. Godspeed, my 1973, 30 years ago this day, as part of Oper- them. These are men and women who have friend, from this Navy pilot. ation Homecoming. worked tirelessly for their constituents, who Mr. SIMMONS. Madam Speaker, I rise Mr. JOHNSON returned home a hero with several distinctions including two Silver Stars, have faced difficult challenges, and who rare- today in support of H. Res. 62, recognizing the two Legions of Merit, the Distinguished Flying ly, if ever succumbed to the challenges that members of the United States Armed Forces Cross, one Bronze Star with Valor, Two Pur- have come before them, even when it seemed who were held prisoners of war during the ple Harts, four Air Medals, and three Out- impossible. SAM JOHNSON has brought honor, Vietnam War, while calling for a full account- standing Unit Awards. The service he offered dignity and respect to this great institution. ing of the 1,902 members of the Armed During his 29 years as a U.S. Air Force Forces who remain unaccounted for from the to his country is one that we, as a nation, rec- ognize as the greatest sacrifice for the survival pilot, SAM flew combat missions in both the Vietnam War. of freedom and liberty. He has dedicated his Korean and Vietnam Wars, and was a pris- As a member of the House Armed Services career to the safety and security of his coun- oner of war in Hanoi for almost seven years. Committee, and a veteran of the Vietnam War, try, and has further dedicated his professional His service in the military earned him many I take great care in this matter. For genera- tions, Americans have taken extraordinary life to civic service. medals that serve as reminders to us all of his steps to account for all members of our Armed Ironically, JOHNSON was one of the lucky courage and personal sacrifice for our country. Forces who were lost fighting to preserve the ones. He came back home. Almost two thou- In total, he was bestowed with fifteen medals freedoms we enjoy today. sand members of the United States Armed and awards, all of which were given to him for I wish to share with my colleagues the com- Forces remain unaccounted for. We must the heroism he displayed during both wars. In pelling story of Captain Arnold Holm, a native never forget their sacrifices and we must con- fact, today is the 30-year anniversary of his ar- of Waterford, Connecticut, whose recovery tinue the effort to determine what became of rival back to America after his long torturous case remains active. Captain Holm was de- them. imprisonment in Vietnam. It was this day thirty clared killed in Vietnam when his helicopter As a veteran of the Vietnam War, and as years ago that SAM left that distant land and was shot down on June 11, 1972. Arnie Holm the U.S. Representative of a district that returned home to his loved ones. was a sports star in high school, when to proudly includes nearly 60,000 veterans, I I will always remember SAM to be a man of Springfield College on a sports scholarship urge my colleagues and everyone across the great accomplishments, a gentleman that I and left to enlist in the U.S. Army. He was nation to remember the ordeals experienced have had the honor to serve with for over ten fighting for what he believed in when his heli- by our former prisoners of war. They carried a years. He will be remembered not only for his copter was hit in the summer of 1972. In an great burden so that we might live in freedom public service to those in Texas, but also for even more tragic twist, a second helicopter, and prosperity. his selfless sacrifice for all Americans. Thank sent to execute a rescue mission for Capt. Mr. BOEHNER. Mr. Speaker, I rise today in you SAM. Holm and his men, was also shot down, re- support of the resolution; but more than that, Mr. CUNNINGHAM. Madam Speaker, I rise sulting in the death of pilot Lt. McQuade and I rise to honor my dear friend and colleague, in support of this resolution recognizing the his entire crew. SAM JOHNSON of Texas, courage and sacrifice of those who were held After relations with the Vietnamese govern- Thirty years ago today, SAM was released prisoners of war in Vietnam on the 30th anni- ment improved, missions to discover and re- from captivity as a prisoner of war in Hanoi versary of their release, and calling for a full cover the remains of nearly 2,000 personnel during the Vietnam War. He spent nearly accounting of those who never returned. This lost in Vietnam began. While the crash sites of seven years as a prisoner—half of that time in remembrance has a special meaning—not just Capt. Holm and Lt. McQuade were very close solitary confinement. His experiences in Hanoi for those like myself who served in Vietnam to one another, only the remains of Lt. were nothing short of remarkable. and saw the horrors inflicted by our enemy, McQuade were recovered. This year the For example: while held captive, SAM com- but for those held captive so long, it is an es- United States will support a recovery mission mitted to memory 374 names of other pris- pecially emotional day. And I rise in honor of in Vietnam to seek and recover Capt. Holm. oners of war by tapping a special code on the each of those POWS, for their service to this As we consider legislation to recognize the wall. nation and the sacrifice that stands today as sacrifice made by Prisoners of War, we also Why? In case some got out. a testament to the greatness of our free na- commit again to accounting for all armed serv- In Hanoi, he also endured unspeakable tor- tion. ices members who remain Missing in Action. ture—72 days in leg stocks, followed by an- On this fitting occasion, I also want to honor We must find and return the remains of Capt. other two and a half years in leg irons, and of one of those POWs, a great friend and hero Holm, and all MIAs, so that their families and course, 42 months in solitary confinement. of mine and many Americans, and our col- friends see the real commitment our govern- After his three and a half years in solitary league, SAM JOHNSON. SAM and I shared long ment has for our men and women in uniform. confinement ended, SAM was finally allowed to careers as fighter pilots before coming to Con- Mr. REYES. Madam Speaker, I wish to return to a joint cell. According to a fellow pris- gress. Although we continue to argue to this voice my strong support for House Resolution oner of war, he walked into the room with the

VerDate Jan 31 2003 05:25 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00011 Fmt 7634 Sfmt 9920 E:\CR\FM\K12FE7.025 H12PT1 H406 CONGRESSIONAL RECORD — HOUSE February 12, 2003 two other detained American officers, stood at ippines before being flown home. President After many years, Major O’Donnell’s re- attention with tears in his eyes, and simply summarized that moment best mains were finally returned home in 1995 and said, ‘‘Lieutenant Colonel SAM JOHNSON re- in his State of The Union Address before Con- positively identified in 2001. porting for duty, sir.’’ gress in 1982: It is my hope that some day, we can say Madam Speaker, there’s no better way to He said, ‘‘We don’t have to turn to our his- that every one of our men and women who describe a hero than retelling that story. tory books for heroes. They are all around us. have served their nation has finally come Today, I am proud to serve with SAM on the One who sits among you here tonight epito- home. House Education and the Workforce Com- mized that heroism at the end of the longest Madam Speaker: It is my honor to stand on mittee. Together, we’re working to reform our imprisonment ever inflicted on men of our this floor today and express my profound grati- education, pension, and health care laws for armed forces. Who will ever forget that night tude for the service of our men and women in generations to come. when we waited for the television to bring us our armed forces. Their commitment and sac- SAM is an effective subcommittee chair, an the scene of that first plane landing at Clark rifice are the ultimate price for our security and astute legislator, and a terrific representative Field in the Philippines—bringing our POWs liberty. It is my prayer that every one of them of his constituents at home in Texas. His con- home. The plane door opened and Jeremiah would come home to us healthy and safe. It tinued to service to his nation is most admi- Denton came slowly down the ramp. He is my commitment that if that is not possible, rable. caught sight of our flag, saluted, and said, we will still bring them all home so they may To SAM, I thank you for your 29-year career ‘God Bless America,’ then thanked us for rest among those they served in the peace in the Air Force, your courage and sacrifice, bringing him home.’’ they helped to forge. To me, that is the great- and your continued commitment to this coun- As the senior officer on the plane, Denton est memorial we can provide for these brave try by serving in its Congress. On this impor- was asked to go to the mircrophone and say souls. tant anniversary, I salute you and wish you a few words. What he said that day fully cap- In closing, I just want to echo the sentiment and your wife Shirley the very best in the tures that American spirit which so motivates of my colleagues in saying to every POW and years to come. young men and women to serve their country. MIA; you are not forgotten. Mr. COLLINS. Madam Speaker, I have the ‘‘We are honored to have had the opportunity The SPEAKER pro tempore. The privilege to sit on the Ways and Means Com- to serve our country under difficult cir- question is on the motion offered by mittee here in Congress with SAM JOHNSON. I cumstances. We are profoundly grateful to our the gentleman from California (Mr. Commander-in-Chief and to our Nation for this consider him to be my friend. More than that. HUNTER) that the House suspend the He is a true American Hero. You see, SAM day. God bless America.’’ rules and agree to the resolution, H. It is no wonder to me that the American JOHNSON was an F-4 Fighter-Bomber pilot in Res. 62. people elected Jeremiah Denton to the United Vietnam. SAM was shot down and captured by The question was taken. States Senate, and SAM JOHNSON to the the North Vietnamese in 1966. For the next 7 The SPEAKER pro tempore. In the United States House of Representatives. But and a-half years he was a prisoner of war in opinion of the Chair, two-thirds of their story is repeated countless times in the what the POW’s referred to as Alcatraz. This those present have voted in the affirm- was a prison for the strongest willed of Amer- thousands of American prisoners of war who returned home after that long conflict and after ative. ican prisoners of war. A place where the Viet- Mr. HUNTER. Madam Speaker, on cong would try to break the will of those who other wars and conflicts throughout the years. It is repeated in every voice of every serv- that I demand the yeas and nays. stood against it. iceman and woman who takes an oath to sup- The yeas and nays were ordered. For three years of his time, SAM was in soli- port and defend the Constitution of the United The SPEAKER pro tempore. Pursu- tary confinement. Other than the frequent States. It is echoed in every snap of the Amer- ant to clause 8 of rule XX and the times when the enemy took him and brutally ican flag as it flaps in the wind, and seen me- Chair’s prior announcement, further tortured him, he never had any contact with andering through the rows of crosses in every proceedings on this motion will be another human being for that entire time. military cemetery in which American soldiers, postponed. To communicate with one another, the pris- sailors, airmen, and Marines are buried. oners developed a system of taps with their You see, America has never been an op- f fingers on the walls and floors of their cells. pressor nation. Each time troops have been This allowed them to provide each other their sent to battle, it has been to carry on the RESIGNATION AS MEMBER OF names and ranks so that if one of them should ideals of freedom and liberty. Each free breath COMMITTEE ON EDUCATION AND escape or be released, they would be able to we take, every moment we live without op- THE WORKFORCE tell American intelligence who was alive and in pression makes that sacrifice worthwhile. what prison they were being housed. The SPEAKER pro tempore laid be- Yes, serving your country can be hard. Just fore the House the following resigna- While in Alcatraz, SAM met another pilot. ask SAM JOHNSON and Jeremiah Denton. But This pilot was also in the camp for 7 and a- tion as a member of the Committee on if it was easy, everyone would do it. It is the Education and the Workforce: half years, three of which were spent in soli- fact that it is hard that makes it worth doing. CONGRESS OF THE UNITED STATES, tary confinement. Colonel Jeremiah Denton Since the fall of Saigon in 1975, we have HOUSE OF REPRESENTATIVES, also endured years of torture, abuse, degrada- failed to locate 1,948 Americans in Vietnam, tion, untreated injuries, malnutrition, years of Washington, DC, February 11, 2003. including 38 civilians. Hon. J. DENNIS HASTERT, separation from his wife and family, and condi- It is our duty, as a nation, and as a Con- Speaker of the House of Representatives, tions that most human beings would consider gress, to continue pursuing every available av- Washington, DC. impossible to survive. enue, until we have located and brought home DEAR MR. SPEAKER: I respectfully request Both of these men were in Vietnam to serve every one of our service personnel from Viet- permission to resign from the House Com- their country. To fight for American interests nam. mittee on Education and the Workforce ef- and to bring democracy to an oppressed peo- One veteran we were able to bring home fective immediately. Thank you for your ple. While some back home were protesting after many years summed up this duty best consideration of this request. the war, these men didn’t let that influence Sincerely, before he disappeared in 1970. MARK SOUDER, their mission. They were heroes who stood Major Michael O’Donnell, who flew many Member of Congress. strong, never renouncing their nation. They al- rescue missions in his helicopter while in Viet- The SPEAKER pro tempore. Without ways supported the United States throughout. nam, expressed it this way. During an interview with the media during ‘‘If you are able, save for them a place in- objection, the resignation is accepted. his imprisonment, Denton was asked about his side of you and save one backward glance There was no objection. support of U.S. policy concerning the war. He when you are leaving for the places they can f replied: ‘‘I don’t know what is happening now no longer go. Be not ashamed to say you in Vietnam, because the only news sources I loved them, though you may or may not have have are North Vietnamese, but whatever the always. Take what they have left and what RESIGNATION AS MEMBER OF position of my government is, I believe in it, I they have taught you with their dying and COMMITTEE ON SCIENCE support it, and I will support it as long as I keep it with your own. And in that time when The SPEAKER pro tempore laid be- live.’’ men decide and feel safe to call the war in- fore the House the following resigna- When the prisoners were released in 1973, sane, take one moment to embrace those tion as a member of the Committee on they were flown to Clark Field in the Phil- gentle heroes you left behind.’’ Science:

VerDate Jan 31 2003 03:07 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\A12FE7.011 H12PT1 February 12, 2003 CONGRESSIONAL RECORD — HOUSE H407 CONGRESS OF THE UNITED STATES, Mr. ISTOOK of Oklahoma; for expenditure only to offset the costs of ac- HOUSE OF REPRESENTATIVES, Mr. KING of New York; tivities and services related to the imple- Washington, DC, February 11, 2003. Mr. LINDER of Georgia; mentation and enforcement of the Tele- Hon. J. DENNIS HASTERT, marketing Sales Rule, and other activities Mr. SHADEGG of Arizona; Speaker of the House of Representatives, resulting from such implementation and en- Washington, DC. Mr. SOUDER of Indiana; forcement. Mr. THORNBERRY of Texas; DEAR DENNY: As discussed with you and SEC. 3. FEDERAL COMMUNICATIONS COMMIS- your staff, in response to your request I am Mr. GIBBONS of Nevada; SION DO-NOT-CALL REGULATIONS. happy to accept a position on the Budget Ms. GRANGER of Texas; Not later than 180 days after the date of Committee as its Vice-Chairman. Mr. SESSIONS of Texas; enactment of this Act, the Federal Commu- It is my understanding this requires me to Mr. SWEENEY of New York; nications Commission shall issue a final rule temporarily resign, or go ‘‘on leave,’’ from Mr. TURNER of Texas; pursuant to the rulemaking proceeding that the Committee on Science, but that I will be Mr. THOMPSON of Mississippi; it began on September 18, 2002, under the able to retain my position and seniority on Telephone Consumer Protection Act (47 Ms. LORETTA SANCHEZ of California; that committee for the future. U.S.C. 227 et seq.). In issuing such rule, the I am grateful for this opportunity and ap- Mr. MARKEY of Massachusetts; Federal Communications Commission shall preciate the confidence you have placed in Mr. DICKS of Washington; consult and coordinate with the Federal me. Mr. FRANK of Massachusetts; Trade Commission to maximize consistency Sincerely, Ms. HARMAN of California; with the rule promulgated by the Federal CHRISTOPHER SHAYS, Mr. CARDIN of Maryland; Trade Commission (16 C.F.R. 310.4(b)). Member of Congress. Ms. SLAUGHTER of New York; SEC. 4. REPORTING REQUIREMENTS. The SPEAKER pro tempore. Without Mr. DEFAZIO of Oregon; (a) REPORT ON REGULATORY COORDINA- objection, the resignation is accepted. Mrs. LOWEY of New York; TION.—Within 45 days after the promulgation There was no objection. Mr. ANDREWS of New Jersey; of a final rule by the Federal Communica- tions Commission as required by section 3, f Ms. NORTON of the District of Colum- bia; the Federal Trade Commission and the Fed- eral Communications Commission shall each RESIGNATION AS MEMBER OF Ms. LOFGREN of California; COMMITTEE ON VETERANS’ AF- transmit to the Committee on Energy and Ms. MCCARTHY of Missouri; Commerce of the House of Representatives FAIRS Ms. JACKSON-LEE of Texas; and the Committee on Commerce, Science, The SPEAKER pro tempore laid be- Mr. PASCRELL of New Jersey; and Transportation of the Senate a report fore the House the following resigna- Mrs. CHRISTENSEN of the Virgin Is- which shall include— tion as a member of the Committee on lands; (1) an analysis of the telemarketing rules promulgated by both the Federal Trade Com- Veterans’ Affairs: Mr. ETHERIDGE of North Carolina; mission and the Federal Communications Mr. GONZALEZ of Texas; CONGRESS OF THE UNITED STATES, Commission; HOUSE OF REPRESENTATIVES, Mr. LUCAS of Kentucky; (2) any inconsistencies between the rules Washington, DC, February 12, 2003. Mr. LANGEVIN of Rhode Island; and promulgated by each such Commission and Hon. DENNIS HASTERT, Mr. MEEK of Florida. the effect of any such inconsistencies on con- Speaker of the House of Representatives, f sumers, and persons paying for access to the Washington, DC. registry; and DEAR SPEAKER HASTERT: With this letter, b 1600 (3) proposals to remedy any such inconsist- please accept my resignation from the House encies. Committee on Veterans Affairs, effective im- DO-NOT-CALL IMPLEMENTATION ACT (b) ANNUAL REPORT.—For each of fiscal mediately. years 2003 through 2007, the Federal Trade Should you have any questions, please feel Mr. TAUZIN. Madam Speaker, pursu- Commission and the Federal Communica- free to contact me. ant to the previous order of the House, tions Commission shall each transmit an an- Sincerely, I call up the bill (H.R. 395) to authorize nual report to the Committee on Energy and JIM GIBBONS, Commerce of the House of Representatives Member of Congress. the Federal Trade Commission to col- lect fees for the implementation and and the Committee on Commerce, Science, The SPEAKER pro tempore. Without and Transportation of the Senate a report enforcement of a ‘‘do-not-call’’ reg- which shall include— objection, the resignation is accepted. istry, and for other purposes, and ask There was no objection. (1) an analysis of the effectiveness of the for its immediate consideration in the ‘‘do-not-call’’ registry as a national registry; f House. (2) the number of consumers who have APPOINTMENT OF MEMBERS TO The Clerk read the title of the bill. placed their telephone numbers on the reg- SELECT COMMITTEE ON HOME- The text of H.R. 395 is as follows: istry; (3) the number of persons paying fees for H.R. 395 LAND SECURITY access to the registry and the amount of The SPEAKER pro tempore. Pursu- Be it enacted by the Senate and House of Rep- such fees; ant to section 4 of House Resolution 5, resentatives of the United States of America in (4) an analysis of the progress of coordi- Congress assembled, 108th Congress, and the order of the nating the operation and enforcement of the House of January 8, 2003, the Chair an- SECTION 1. SHORT TITLE. ‘‘do-not-call’’ registry with similar registries This Act may be cited as the ‘‘Do-Not-Call established and maintained by the various nounces the Speaker’s appointment of Implementation Act’’. States; the following Members of the House to SEC. 2. TELEMARKETING SALES RULE; DO-NOT- (5) an analysis of the progress of coordi- the Select Committee on Homeland Se- CALL REGISTRY FEES. nating the operation and enforcement of the curity: The Federal Trade Commission may pro- ‘‘do-not-call’’ registry with the enforcement Mr. COX of California, Chairman; mulgate regulations establishing fees suffi- activities of the Federal Communications Ms. DUNN of Washington; cient to implement and enforce the provi- Commission pursuant to the Telephone Con- Mr. YOUNG of Florida; sions relating to the ‘‘do-not-call’’ registry sumer Protection Act (47 U.S.C. 227 et seq.); and Mr. YOUNG of Alaska; of the Telemarketing Sales Rule (16 C.F.R. 310.4(b)(1)(iii)), promulgated under the Tele- (6) a review of the enforcement proceedings Mr. SENSENBRENNER of Wisconsin; marketing and Consumer Fraud and Abuse under the Telemarketing Sales Rule (16 Mr. TAUZIN of Louisiana; Prevention Act (15 U.S.C. 6101 et seq.). Such C.F.R. 310), in the case of the Federal Trade Mr. DREIER of California; regulations shall be promulgated in accord- Commission, and under the Telephone Con- Mr. HUNTER of California; ance with section 553 of title 5, United States sumer Protection Act (47 U.S.C. 227 et seq.), Mr. ROGERS of Kentucky; Code. Fees may be collected pursuant to this in the case of the Federal Communications Mr. BOEHLERT of New York; section for fiscal years 2003 through 2007, and Commission. Mr. SHAYS of Connecticut; shall be deposited and credited as offsetting The SPEAKER pro tempore (Mrs. Mr. SMITH of Texas; collections to the account, Federal Trade BIGGERT). Pursuant to the order of the Commission—Salaries and Expenses, and Mr. WELDON of Pennsylvania; House of Tuesday, February 11, 2003, shall remain available until expended. No Mr. GOSS of Florida; amounts shall be collected as fees pursuant the gentleman from Louisiana (Mr. Mr. CAMP of Michigan; to this section for such fiscal years except to TAUZIN) and the gentlewoman from Illi- Mr. LINCOLN DIAZ-BALART of Florida; the extent provided in advance in appropria- nois (Ms. SCHAKOWSKY) each will con- Mr. GOODLATTE of Virginia; tions Acts. Such amounts shall be available trol 30 minutes.

VerDate Jan 31 2003 03:07 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\A12FE7.005 H12PT1 H408 CONGRESSIONAL RECORD — HOUSE February 12, 2003 The Chair recognizes the gentleman support H.R. 395, the Do-Not-Call Im- called again by that organization, that from Louisiana (Mr. TAUZIN). plementation Act. request must be honored. GENERAL LEAVE Madam Speaker, I reserve the bal- So, again, I support this legislation. I Mr. TAUZIN. Madam Speaker, I ask ance of my time. urge all Members to vote in favor of its unanimous consent that all Members Ms. SCHAKOWSKY. Madam Speaker, passage. I also want to urge appropri- may have 5 legislative days within I yield myself such time as I may con- ators to provide full funding for this which to revise and extend their re- sume. program in the omnibus appropriations marks and insert extraneous material Madam Speaker, I rise in support of bill. I hope that they will consider in- on H.R. 395. this bipartisan legislation, and I thank corporating the text of this legislation The SPEAKER pro tempore. Is there the gentleman from Louisiana (Mr. in the conference report. objection to the request of the gen- TAUZIN) and, I am proud to say, my Madam Speaker, I reserve the bal- tleman from Louisiana? chairman as a new member of the Com- ance of my time. There was no objection. mittee on Energy and Commerce; the Mr. TAUZIN. Madam Speaker, I yield Mr. TAUZIN. Madam Speaker, I yield gentleman from Florida (Mr. STEARNS), the balance of my time to the gen- myself such time as I may consume. chairman of the subcommittee; and the tleman from Florida (Mr. STEARNS), Madam Speaker, whatever happened ranking member, the gentleman from the chairman of the Subcommittee on Commerce, Trade and Consumer Pro- to the quiet evening at home? Most Michigan (Mr. DINGELL), who strongly people have experienced it, that annoy- supports this legislation, for their out- tection, and ask unanimous consent ing ring on the phone just as dinner standing leadership in advancing this that he may control that time. The SPEAKER pro tempore. Is there goes to the table. When one answers, it proconsumer bill. objection to the request of the gen- As a new member of the Committee is not a call from a friend or family tleman from Louisiana? member or even from work, it is some- on Energy and Commerce and as rank- There was no objection. one calling to sell something, a tele- ing Democratic member of the Sub- Mr. STEARNS. Madam Speaker, I marketer. committee on Commerce, Trade and yield myself such time as I may con- Today we have before us of a bill that Consumer Protection, I look forward to sume. will allow hundreds of thousands of working with my colleagues to imple- Madam Speaker, the gentleman from American citizens to enjoy the peace ment this important measure. Louisiana (Mr. TAUZIN) has outlined and quiet of their own home. H.R. 395, Madam Speaker, we all appreciate the reason for this bill, and obviously I the Do-Not-Call Implementation Act, the precious time we have at home support it. It is under the jurisdiction authorizes the Federal Trade Commis- with our families after a long day of of my subcommittee, the Sub- sion to establish a national do-not-call work, but who has not had that time committee on Commerce, Trade and registry that will allow consumers to interrupted by commercial tele- Consumer Protection, and it authorizes opt out of unwanted and harassing marketers? We all know from personal the Federal Trade Commission to col- telemarketing calls. This landmark do- experience how intrusive these calls lect the needed fees to maintain such a not-call list will provide consumers can be. I hear complaints from many of national registry. It is a very impor- with one central contact to stop un- my constituents who are tired of re- tant bill, and as such, I seek all of my wanted telemarketing calls. The new ceiving telemarketing calls at home. colleagues’ support this afternoon. do-not-call list will be a free service to They should be able to stop these calls, I commend the chairman of the Fed- all American consumers, and those if they so choose, and the FTC’s cre- eral Trade Commission for taking the telemarketers who choose to ignore the ation of a national list will make it initiative on this issue, and its hard do-not-call registry will face stiff pen- easier for people to enjoy peace and work in promulgating the recent alties of up to $11,000 for each viola- quiet at home. amendments to the Telemarketing tion. This proconsumer legislation author- Sales Rule. Specifically, the do-not- In order to coordinate the do-not-call izes the Federal Trade Commission to call amendments. As a Member that programs among all of the agencies collect fees from telemarketers to cre- has championed consumer information with jurisdiction over telemarketing, ate a national do-not-call registry. privacy legislation for the past 2 years H.R. 395 directs the Federal Commu- Consumers who do not wish to be solic- in my subcommittee, and we have had nications Commission to complete its ited at home can put themselves on the six hearings on it, I think a national pending do-not-call rulemaking within registry. Telemarketers are required to do-not-call list is important. Although 180 days. The bill further directs the check the database every 3 months and small, it is a step towards further en- FCC to consult and coordinate with the remove names that appear on the list hancing consumers’ privacy. There is no question that I, along Federal Trade Commission to ensure from their call list. with most of my constituents, welcome that both regulations are as similar as In December, the FTC amended the any effective measure designed to pro- possible. This coordination will not Telemarketing Sales Rules to create a national do-not-call list. This legisla- tect us from unwanted telephone solici- only prevent consumer confusion, but tations. A national do-not-call list goes tion will help the FTC implement this it will provide the telemarketing in- a long way in fulfilling our want for a important initiative. I am pleased that dustry with coordinated rules upon little peace and quiet at the family the FTC’s proposal will protect the which to function. dinner table. It is important that the First Amendment rights of tele- Lastly, H.R. 395 sets out reporting re- national do-not-call list truly be a one- quirements for both the Federal Trade marketers. Telemarketers will be able stop shopping experience for the con- Commission and the Federal Commu- to continue to solicit consumers who sumer. nications Commission. Without the do not put themselves on the list. Tele- As directed by H.R. 395, the Federal passage of H.R. 395, the FTC will be marketers will still be allowed to call Trade Commission must work to en- forced to wait until the year 2004 to im- those who are on the do-not-call list sure harmonization among the myriad plement its national do-not-call list. when an existing business relationship of States and Federal telemarketing I am hopeful the other body will act exists. However, all solicitors who rules and do-not-call lists. That is not swiftly to pass H.R. 395 so all Ameri- qualify for this exception have to an easy job. As it now stands, I under- cans can enjoy the benefits of the na- honor requests from individuals if they stand that 28 States have their own do- tional do-not-call list sooner rather ask not to be contacted in the future. not-call lists, and the Federal Commu- than later. In fact, if anyone holds this It is my understanding that the FTC nications Commission may be consid- legislation up, we are prepared to give hopes to have the list up and running ering another. out their home phone number to all within the next few months. And this I strongly encourage the FTC chair- who want to give them a call. legislation protects the ability of le- man, Chairman Muris, to work very Today Congress is answering the call gitimate charities and not-for-profit closely with the FCC on its national from consumers for help in combating organizations to make calls, and they do-not-call registry proposed rule- annoying and harassing telemarketing are not regulated by this legislation. making so that if the FCC was to pro- calls. Therefore, to empower the Amer- However, even if in those cir- mulgate its own rule, it is substan- ican consumer, I ask that Members cumstances any person asks not to be tially harmonized and in agreement

VerDate Jan 31 2003 03:07 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\K12FE7.031 H12PT1 February 12, 2003 CONGRESSIONAL RECORD — HOUSE H409 with the Federal Trade Commission effective ‘‘no soliciting’’ sign on their their call, that block-the-blocker tech- rule. home phone or cell phone and bring to nology. This is another step in that For American consumers to enjoy a halt the seemingly nightly ritual of protection of privacy that the gen- one-stop shopping when seeking to pro- phone calls interrupting dinner or pre- tleman from Massachusetts (Mr. MAR- tect him- or herself from unwanted cious family time. Those telephone KEY) talked about, so that when you telephone solicitation, there ought to rings invade the tranquility of the are in the privacy of your home, if you be a single national registry governed home and the do-not-call database will choose to not have any unsolicited by one set of Federal rules. I think we help consumers restore peace. phone calls coming into your home, need a single national list for all inter- Rather than having consumers act as you can sign up for this. state calls so there is only one toll-free veritable slaves of those rings, forced I have signed up for the do-not-call number or one Web site address and to get up and to answer insistent and list in Texas. I have lived in the same one government agency we, as con- incessant telemarketing calls time house for the last 14 years. I have sub- sumers, need to remember and go to for after time, the do-not-call database scribed to the Dallas Morning News assistance. Passage of H.R. 395 is an will effectively make consumers the that entire time. And until recently I important step in making that pos- ‘‘Lord of the Rings.’’ They can put an continued to get solicitation calls from sible. end to those calls. They can protect the Dallas Morning News asking me to In closing, I reiterate my strong sup- their own domain. subscribe to the Dallas Morning News. port for an effective national do-not- Consumers have waited a long time Maybe with the do-not-call list in call list. I think the Federal Trade for the benefits of the same digital and Texas and the do-not-call list at the Commission’s do-not-call amendments telecommunications technology that national level, I will not get that call. to the Telemarketing Sales Rule cre- has so advanced the ability of tele- Unfortunately, I will still get a phone ating a national registry is a giant step marketers to efficiently and cost-effec- call from Majority Leader TOM DELAY. in the right direction and, as such, de- tively reach consumers to also be har- I have raised substantial sums of serves our support. I urge Members to nessed on behalf of consumers to help money for the NRCC, but I do get solic- support the bill. them address legitimate privacy con- itation calls asking me to help Major- Madam Speaker, I reserve the bal- cerns. ity Leader DELAY continue to raise ance of my time. b 1615 necessary funds for various good polit- Ms. SCHAKOWSKY. Madam Speaker, ical causes. That is one of the excep- I yield 4 minutes to the gentleman I see the gentleman from Texas (Mr. tions. from Massachusetts (Mr. MARKEY), a BARTON) over there. There are Mem- So there are things that we could do very eloquent member of the Com- bers on the left and right, Democrat to improve the bill, but it is a good mittee on Energy and Commerce. and Republican, that want privacy in step in the right direction and I hope Mr. MARKEY. Madam Speaker, I their own homes. This has no ideology. that we pass this bill on a bipartisan congratulate the gentlewoman from Il- Every American believes they have basis unanimously because it is a good linois (Ms. SCHAKOWSKY), the gen- that inherent right. piece of legislation. tleman from Michigan (Mr. DINGELL), Finally, I want to commend Federal Again I want to commend the gen- the gentleman from Florida (Mr. Trade Commission Chairman Timothy tleman from Florida (Mr. STEARNS) for STEARNS), the gentleman from Lou- Muris for his pro-consumer action in his excellent leadership and the gentle- isiana (Mr. TAUZIN), and all of the promulgating the FTC’s recent do-not- woman from Illinois (Ms. SCHAKOWSKY) members of the majority and minority call rules, as they will give the con- for her leadership on this necessary for coming together to work out a very sumers who are often plagued by un- piece of legislation. important piece of legislation. wanted, intrusive, unsolicited tele- Ms. SCHAKOWSKY. Madam Speaker, This is a bill which I think is long marketing a powerful new tool in I yield 2 minutes to the gentleman overdue and is going to be very well re- which to battle such intrusions. Again from Maryland (Mr. WYNN), a great ceived in every single home across our my congratulations to everyone who consumer advocate and member of the country, because the legislation au- worked on this important legislation. Committee on Energy and Commerce. thorizes the Federal Trade Commis- Mr. STEARNS. Madam Speaker, I Mr. WYNN. Madam Speaker, I am sion, after its recent decision, to create yield 21⁄2 minutes to the gentleman also delighted to join my colleagues in a national telemarketing do-not-call from Texas (Mr. BARTON), the distin- supporting the Do-Not-Call Implemen- database. This do-not-call database guished chairman of the Subcommittee tation Act. Let me commend the gen- proposal is a winner for millions of on Energy and Air Quality. tleman from Florida (Mr. STEARNS), consumers who are plagued by unsolic- (Mr. BARTON of Texas asked and our subcommittee chairman, as well as ited commercial telemarketing calls at was given permission to revise and ex- our newest and quite-generous-with- home or on their mobile phones, and it tend his remarks.) her-flattery new subcommittee ranking is important that we give the Federal Mr. BARTON of Texas. Madam member, the gentlewoman from Illi- Trade Commission the support it needs Speaker, I want to commend Sub- nois (Ms. SCHAKOWSKY), for her leader- to implement this new policy as soon committee Chairman STEARNS, Rank- ship on this bill. as possible, and that is what we are ing Member SCHAKOWSKY, the gen- As we debate great global and na- doing today here on the House floor. tleman from Louisiana (Mr. TAUZIN) of tional issues, this may not seem to be The bill the House considers today the full committee, and the gentleman such a big deal. On the other hand, if permits the Federal Trade Commission from Michigan (Mr. DINGELL) of the you have worked hard all day, fought to proceed on a timely basis and begin full committee for bringing this bill to through traffic to get home to be with implementation of the database proc- the floor. I am a cosponsor. I think your wife and family to sit down to a ess this year while also ensuring that there are improvements that could be simple dinner and you get a phone call the Federal Communications Commis- done to the bill, but I think it is a good from someone from Acme advertising sion finally gets its regulatory task step in the right direction. something that you really do not want, done so that no major corporate tele- I have been in the Congress for 18 this is a very big deal. It is something marketing loopholes remain. years. I have been on the Committee on that Congress can and, I am pleased to I am pleased to be a cosponsor of this Energy and Commerce for the last 16 of say, is taking care of. We are doing legislation. Every Member who has those 18 years. I was one of the Con- something about this, the annoyance of worked on this legislation deserves a gressmen who led the fight in com- unwanted solicitations. lot of credit. After having first pro- mittee to make sure that caller ID I get lots of complaints about it. I posed a national do-not-call database could be used as an option for those think it is a great idea that we are ad- registry in legislation that the Con- that wished to know who was calling dressing this issue. As an elected offi- gress successfully enacted in 1991, I be- them. I also helped lead the fight in cial, I am not usually home at dinner- lieve its implementation is action that committee to make sure that if some- time; I am usually here in Washington is long overdue. Consumers across the body was trying to call you and or out in the district at some event. country will finally be able to put an blocked their identity, you could block But when I go home, when I am home

VerDate Jan 31 2003 03:07 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\K12FE7.033 H12PT1 H410 CONGRESSIONAL RECORD — HOUSE February 12, 2003 on those rare occasions and I am trying Madam Speaker, I rise in strong sup- can have a peaceful family dinner, not to have dinner and I get a call, I get port of this bill. I would first like to interrupted by credit card solicitations quite annoyed. So I know how folks commend the chairman from Louisiana or the latest condominium offerings on feel. But it is also people who work at and the ranking member from Michi- some tropical locale. I know what they home who are trying to conduct their gan, as well as the gentleman from are talking about, because frequently own business who are interrupted. It is Massachusetts, for bringing this impor- my dinner is interrupted by these calls, also seniors who are at home and are tant piece of legislation to the floor. As too. They have been described as maybe anxious or nervous or sitting we have heard, this bill will give the nuisances, extremely annoying, and by alone. They get these repeatedly aggra- Federal Trade Commission the author- stronger language. vating calls which they have to strug- ity to collect fees from telemarketers, We should not stop companies from gle to get up to answer only to find long overdue, to implement and run developing and using innovative ways someone from Acme on the line. the national do-not-call list which was to sell their products and services, but This is a good piece of consumer leg- created by the amendment to the tele- there is little question that this kind islation. Combined with what the marketing sales rule effective Decem- of telemarketing is out of hand. It has States have already done in 27 States ber 18. become a form of harassment. Just as and what the FCC and FTC can do, we The FTC has got it right. Something citizens have the right to tell door-to- can have a blanket of protection has to be done to protect consumers door solicitors to leave their property, around consumers from the annoyance from the many annoying calls tele- Americans should have the right to tell of unwanted calls. I am really pleased marketers place at all hours of the day telemarketers to stop calling and to to see Congress acting so swiftly. I and night, 7 days a week. These calls make it happen. thank Chairman TAUZIN as well as are indeed an invasion of privacy, not The Do-Not-Call Implementation Act Ranking Member DINGELL for their to mention that many of these callers will be widely appreciated. It does not leadership. I think it is a great piece of are unscrupulous and prey on older prohibit telemarketing. It does not legislation, I am proud to support it, Americans. stop companies from using phone solic- and I look forward to its rapid imple- The Federal Trade Commission’s na- itation to sell legitimate products and mentation. tional do-not-call list is a one-stop services. It empowers individuals by Mr. STEARNS. Madam Speaker, I shop for consumers who are fed up with creating a realistic and enforceable yield 21⁄2 minutes to the distinguished annoying and often intrusive tele- way for them to get their names off gentleman from Indiana (Mr. BUYER). marketing calls. Consumers by reg- telemarketing lists. Mr. BUYER. Madam Speaker, in my istering their telephone number with We have had do-not-call lists on the home State of Indiana, our own no-call the FTC’s list will eliminate, we hope, books, legislation, for more than a dec- registry has been met with great suc- about 80 percent of all telemarketing ade. But when Congress first mandated cess. While in Indiana there are over 6 calls. such lists, the FCC chose to leave cre- million people, a little over 1.2 million Madam Speaker, I would also like to ation and maintenance up to individual phone lines in Indiana have registered thank the FTC for working closely businesses, making enforcement next to stop these unwanted telephone so- with me to include provisions of my to impossible. That is why the Do-Not- licitations. I want to thank Indiana At- ‘‘Know Your Caller’’ legislation which Call Implementation Act is a great torney General Steve Carter for not makes it illegal for telemarketers to step forward in creating a real nation- only his leadership but also his persist- block their numbers on caller ID de- wide do-not-call list. ence to succeed in this endeavor on be- vices. Consumers pay a monthly fee to Finally, Madam Speaker, people will half of consumers. subscribe to the caller ID service be- be able to opt out of telemarketing by I am very pleased that the Federal cause they want to protect their per- registering online or making a simple Government is now responding to the sonal privacy and their pocketbooks; phone call. Telemarketers will face se- concerns of consumers with legislation but until now they have had little re- rious consequences for noncompliance. that will work to restrict these un- course to protest intrusions on their I think a fine of $11,000, up to that wanted callers. It is my understanding privacy because most telemarketers in- amount, for each call will get their at- that Indiana’s no-call registry is more tentionally block their identity from tention. It is about time that the Fed- stringent than the Federal guidelines being transmitted to caller ID devices. eral Government protect the citizens that are presently being proposed. It is Madam Speaker, as a Member of Con- from this unwanted harassment. After also my understanding that those gress and, more importantly, as a con- we are successful in implementing this, agencies crafting the Federal no-call sumer, I applaud the FTC’s amendment I hope we will turn our attention to guidelines, the FTC and the FCC, have to the telemarketing sales rule; and I electronic mail spam. no intent to preempt State law. I applaud and thank the committee for Mr. STEARNS. Madam Speaker, I would urge both agencies to abide by sponsoring this bill. yield 21⁄2 minutes to the gentleman this understanding. Ms. SCHAKOWSKY. Madam Speaker, from Illinois (Mr. KIRK). Last July, I wrote a letter to FTC I yield 3 minutes to the gentleman Mr. KIRK. Madam Speaker, I rise Chairman Muris asking that any cre- from New Jersey (Mr. HOLT), who is not today in support of the Do-Not-Call Im- ation of a Federal do-not-call registry only a distinguished member of our plementation Act. We have do-not-call would clearly express that the Federal class to the House of Representatives lists now in 21 States, but we seem to rule would in no way preempt State but the only Member of Congress who have the calls only increasing in fre- law. And last month the entire Indiana is a rocket scientist. quency. The fact that these calls seem delegation sent a letter to FCC Chair- Mr. HOLT. Madam Speaker, I thank to occur at the most inopportune times man Powell making the very same re- the gentlewoman for yielding me this and, thanks to predictive dialing soft- quest. So while the creation of a na- time, and I concur with the remarks of ware, often result in an immediate dis- tional do-not-call registry delivers to my colleague from New Jersey who connection only adds to the frustration the consumer the assurance that they just spoke. I rise in support of H.R. 395, of consumers. may once again answer the phone in the Do-Not-Call Implementation Act; I am very pleased that the Federal peace, I do hope that those States that and I would like to salute Chairman Trade Commission is amending the have created their own do-not-call reg- TAUZIN and Ranking Member DINGELL telemarketing sales rules to create a istries for the benefit of consumers will for introducing what my colleagues central do-not-call registry. As a new not be negatively affected in this rule- will tell you, and my constituents espe- member of the appropriations sub- making process. cially will tell you, is important legis- committee that funds the Federal Mr. STEARNS. Madam Speaker, I lation. I cannot count the number of e- Trade Commission, I am committing yield 21⁄2 minutes to the distinguished mails, phone calls, and letters I receive my efforts to make sure that this ef- gentleman from New Jersey (Mr. from constituents, many of them irate, fort is fully funded so that we can im- FRELINGHUYSEN). complaining about telemarketing. The plement this needed legislation. Mr. FRELINGHUYSEN. I thank the residents of my district have pleaded I want to commend Chairman TAU- gentleman for yielding me this time. with me to do something so that they ZIN, Ranking Member DINGELL, and

VerDate Jan 31 2003 03:45 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\K12FE7.034 H12PT1 February 12, 2003 CONGRESSIONAL RECORD — HOUSE H411 also subcommittee Ranking Member Ms. SCHAKOWSKY. Madam Speaker, national ‘‘do not call’’ registry with existing SCHAKOWSKY for her efforts on this. I I look forward to all our colleagues state lists. Consumers deserve the continued think working together in a bipartisan supporting this legislation. benefit of well-designed state laws. Though way, we will ensure that the Federal Madam Speaker, I yield back the bal- Oregon has a strong ‘‘do not call’’ system in Trade Commission not only has the un- ance my time. place, I realize that many consumers live in derlying legislation but also the appro- Mr. LARSON of Connecticut. Madam places without state law protections. It is for priations to make sure that every per- Speaker, I rise today in strong support of the these consumers that creation of a national son’s castle can be a quiet home and Do Not Call Implementation Act, H.R. 395, ‘‘do not call’’ database is most vital. In Or- that we do not have to worry about the which will authorize the Federal Trade Com- egon, more than 125,000 people have added telemarketing barbarians at the gate mission to establish a landmark national do- their names to the state managed ‘‘do not every single evening. not-call registry that will allow consumers to call’’ list. This is evidence of the widespread Ms. SCHAKOWSKY. Madam Speaker, opt-out of unwanted and harassing tele- public appeal of being able to vastly reduce I am happy to yield 2 minutes to the marketing calls. With passage of this bill, our the number of sales calls to which one is sub- gentlewoman from Texas (Ms. JACK- families will be able to wind down their long jected. Subsequently, I have no doubt that SON-LEE), who has stood up for the days by eating a peaceful dinner without the many Americans would consider a national rights of consumers so many times on incessant calling that so often annoys and dis- ‘‘do not call’’ list a welcome weapon in fending this floor. rupts our time with our families. off nightly invasions of their peace and privacy Electronic market capabilities and strategies b 1630 by telemarketers. have become more aggressive as technology In short, a national ‘‘do not call’’ registry Ms. JACKSON-LEE of Texas. Madam has advanced and action needs to be taken to would extend to all Americans the benefits al- Speaker, I want to thank the distin- protect the peace and privacy of people in ready realized by subscribers to similar lists in guished gentlewoman for yielding me their homes. I feel that this legislation, which varying states. I’ve heard firsthand from Or- this time, and I congratulate her again is similar to a Connecticut law, goes a long egonians about the success of their ‘‘do not for her membership on the Committee way in accomplishing that. The intention of call’’ list. I would very much like the expanded on Energy and Commerce and her very telemarketers and others are by no means opportunity for privacy of ‘‘do not call’’ lists to rightful position dealing with con- sinister, but Americans must have the means be available nationwide. In the twenty-first sumer advocacy. to protect themselves from different kinds of century, our names, addresses, phone num- This is a legislative initiative that I intrusions, including the frequent bothersome bers and spending habits have all become wanted to applaud and speak to be- telemarketing calls interrupting a family dinner, commodities for commercial trade. Our tele- cause I live in a community that has a which this legislation would enable them to do. phones often function as much as a marketing substantial number of senior citizens. I As different kinds of technology continue to tool for salesmen as a tool for our conven- have had the occasion to be engaged move forward, we must be vigilant in ensuring ience. As a rule, unwanted sales calls come at with these senior citizens in town hall that the personal privacy rights of our citizens the most inopportune time, steal our time from meetings when they have held up mail are not being encroached upon. our families and children, and reduce the qual- or they have said, I got a call and how The larger issue of privacy in our nation ity of our lives. We should make sure that should I respond; or maybe unfortu- does not end with this legislation, obviously, Americans have real tools for mitigating the nately some have already responded, but rather this bill becomes one of several damage that telemarketing calls can have. and that is by sending money, by buy- tools that Congress has been able to employ That is why I support a national ‘‘do not call’’ ing whatever the individual was trying to protect our citizens. There are still other registry that respects strong state privacy pro- to sell or be frightened for not being avenues of privacy that must continue to be tections. That’s why I support the recognition able to secure it. safeguarded including wireless services, finan- of those state lists by the FTC. And that’s why This legislation is extremely impor- cial information as well as computers and tant and balanced. I support the rights of consumers to control communications. This legislation is certainly telemarketer access to their phones. Certainly we realize that tele- an important step in this direction. marketing is an industry, that people I urge my colleagues to support this legisla- Ms. McCARTHY of Missouri. Madam work in telemarketing, that many of tion. Speaker, today members of the House will ap- my constituents, likewise in hourly Ms. HOOLEY of Oregon. Madam Speaker, prove H.R. 395, the Do-Not-Call Implementa- wages, survive by being telemarketers. I rise today in support of privacy protections tion Act. this measure is designed to return We want them to continue to be able to for consumers nationwide as we consider the privacy to consumers, but more must be done do their work. At the same time, I Do-Not-Call Implementation Act. My home to close loopholes and fully protect consumers think it is important that as they do state of Oregon is one of a growing number of from unwanted telemarketing phone calls to their work, they also respect those who states that have recognized the growing im- their home. may be intimidated by the process. portance of protecting consumer privacy. Or- My main interest in the implementation of a I am grateful that the legislation was egon’s legislature has parlayed its respect for national Do Not Call registry is to ensure that thoughtful, that it seeks to balance by individual privacy into legislation regulating such a list improves rather than diminishes the providing the FTC with the responsi- telemarketing calls. Like those in more than laws already in place in 27 states, including bility of imposing user fees on tele- two dozen other states, Oregon’s lawmakers my State of Missouri. Missouri’s Do Not Call marketers, for establishing and main- have seen fit to compile a list of individuals list, which was implemented on July 1, 2001, taining a national do-not-call list. who no longer wish to receive unsolicited tele- gives consumers the ability to choose whether What is wrong with consumers having marketing calls. And, they have vested the at- they would like to receive unsolicited tele- a choice, being able to be on the list? torney general with the power to levy harsh marketers calls. 1,133,636 phone lines have So therefore I would like to add my sanctions on those firms who call listed con- registered with the Missouri Attorney General’s support to this legislation. sumers anyway. Oregon’s law is powerful and office as of this February to avoid unsolicited And before I go to my seat, I wanted effective because it allows for the local en- phone calls, more than half of the households to also make sure that I acknowledged forcement of telemarketing rules with narrow in the State. These results are representative the legislation previously on the floor exceptions. Only political organizations and a of other states that have implemented a Do regarding the POWs and to acknowl- few not-for-profit groups are exempt from the Not Call list. edge the 30 years after Mr. SAM JOHN- restrictions on calls placed to listed con- More than 90 percent of the reported ‘‘viola- SON of my State found his way home sumers. tions’’ of the state law are not illegal, which and to simply say how appreciative we It is important to me that Federal legislation confuses consumers. This is due to freedom are of the service of our men and authorizing the creation of a national ‘‘do not of speech which enables political, charitable, women, in particular those who were call’’ registry does not unnecessarily widen the and government regulated businesses to willing or understood that even though carefully carved exceptions of state laws like make unsolicited phone calls. Financial serv- they were prisoners of war, they were Oregon’s. States that have developed strong ices companies and phone companies are not never forgotten. protections on privacy should not see their regulated by the Missouri Attorney General, So I thank him for his service, and I rules watered down. I sincerely hope and ex- thus these entities can legally solicit anyone in add my support to H.R. 395 and to the pect that FTC will show deference to deter- Missouri by phone. These loopholes, as well proceeding legislation. minations made by states as it coordinates the as others permitting ‘‘consultations’’ but not

VerDate Jan 31 2003 03:45 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00017 Fmt 7634 Sfmt 9920 E:\CR\FM\K12FE7.036 H12PT1 H412 CONGRESSIONAL RECORD — HOUSE February 12, 2003 sales, have allowed unsolicited calling to con- Consumers, charities, telemarketing compa- investment capital to small businesses in the tinue, even of those consumers who have reg- nies, local governments and other interested telecommunications industry working to de- istered on the state Do Not Call list. I urge the parties, have voiced their complaints and com- velop new technologies to improve tele- Federal Trade commission (FTC) and Federal municated their concerns. In the Tele- communications services to under-served Communications Commission (FCC) to follow marketing and Consumer Fraud and Abuse urban and rural communities. The 1996 Act the spirit of H.R. 395 and restrict calls by reg- Prevention Act, passed in 1994, we gave the created the Telecommunications Development ulated industries such as credit card compa- FTC the discretion to create a national do-not- Fund (‘‘TDF’’) and financed the Fund from in- nies and phone companies which account for call program. Based on that authority, the FTC terest collected on the initial deposits the FCC a majority of the telemarketing calls. In addi- has considered a wide range of complicated required of all bidders in the FCC’s spectrum tion, the FTC and FCC must work to transfer issues and has produced a reasoned result. I auctions. state Do Not Call lists to the federal list so that urge the appropriations in the Omnibus Appro- Currently, in order to qualify to participate in consumers who have signed up locally will not priations Conference to include full funding of FCC auctions of spectrum for telecommuni- have to do so nationally. Even though not ex- this program now. In fact, I have no objection cations services, the FCC requires prospective plicitly stated in the bill, a rule to provide this under these circumstances to inserting H.R. bidders to deposit a specified dollar amount convenience will enhance the effectiveness of 395 itself into the Conference Report. with the FCC. Under the legislation adopted in this effort. As the FTC launches the do-not-call reg- 1996, the FCC places these deposits—some- FTC Chairman Timothy Muris told the En- istry, we must monitor its progress closely. By times called ‘‘up-front payments’’—in an inter- ergy and Commerce Committee that the Fed- any measure, coordinating the efforts of the est-earning account. A ‘‘successful bidder’’ is eral Do Not Call list is to be funded by the Federal Trade Commission, the Federal Com- identified through the auction process. The telemarketers who must purchase an updated munications Commission and state authorities ‘‘deposits’’ of the unsuccessful bidders that had been held by the FCC are returned to Federal Do Not Call list every three months, into one national system will be a challenge. these bidders without interest. The principal ensuring protection to consumers. The text of The rewards, however, can be great. As these amount of the successful bidder’s deposit is H.R. 395 does not explicitly state this, thus the many parts work together as one, we can paid to the U.S. Treasury. The interest earned measure leaves room for loopholes for specific achieve a comprehensive program that will telemarketers. I look forward to studying the on the upfront payments of all the bidders is empower consumers without unnecessarily remitted to the TDF. required FTC & FCC reports to Congress en- burdening industry. suring that H.R. 395 successfully protects Prior to the 1996 Act, tens of millions of dol- This is an important issue to consumers lars of bidders’ deposits had been held in non- those who choose not to receive telemarketer across the nation that should not be delayed calls. H.R. 395 should follow the original intent interest bearing accounts. By requiring that any further. these funds be held in interest-bearing ac- of state Do Not Call laws and use Federal ju- Mr. COSTELLO. Madam Speaker, I rise risdiction to close loopholes that states cannot. counts, Congress provided a mechanism to fi- today in strong support of H.R. 395, the Do- nance the important goals of the TDF without Mr. UDALL of New Mexico. Madam Speak- No-Call Implementation Act of 2003. This leg- er, I am pleased that the House is taking ac- any budgetary impact, without requiring any islation authorizes the Federal Trade Commis- appropriations and without imposing either tion today on H.R. 395, the Do-Not-Call Imple- sion (FTC) to collect fees from telemarketers mentation Act, to help establish a national do- new taxes or fees. To date, fifty million dollars for the implementation and enforcement of a not-call registry. I strongly support this impor- has been collected—at no cost to the taxpayer national do-not-call registry. This legislation tant legislation that will greatly benefit con- or the regulated industry—from interest earned also requires that the Federal Communications sumers by providing them with a simpler, on spectrum bidder’s deposits. But more could Commission (FCC) finalize its rules for such a more effective and efficient way to notify tele- be done to make telecommunications products list in coordination with the FTC to ensure marketers that they do not want to receive un- and services available to under-served com- there are no inconsistencies in the regulations. solicited phone calls. munities—rural and inner city—of every kind. Unfortunately, we have all experienced According to the FTC, consumer complaints Once the successful bidder has been identi- those annoying unsolicited phone calls as we regarding unwanted telemarketing calls in- fied through the auction, a formal licensing creased over one thousand percent between sit down to enjoy dinner with our families. A process gets underway. At that time, the suc- 1998 and 2002. Although telemarketers are national registry will help limit unwelcome cessful bidder is required to increase the currently already required to maintain do-not- phone calls and restore a sense of control amount of the deposit held by the Federal call lists, the FTC’s decision to create a na- over the telephone where it belongs, with the Government to 20 percent of the amount of tional do-not-call registry is a critical step to- consumer. The FTC’s decision to develop the successful bid. The remainder of the suc- wards further decreasing the hundreds of an- such a registry comes after nearly a year of cessful bid is payable when the license is noying and unwanted telemarketing calls that analysis, in which more than 60,000 public issued. Typically, a number of months pass consumers receive each year. The do-not-call comments were received, the overwhelming between when the successful bidder is identi- registry would allow consumers to list their majority of which supported a national do-not- fied and when the license is formally issued by phone numbers to notify all telemarketers that call list. A national list will provide consumers the FCC. The interest that could be earned on they no longer want to receive unsolicited with a quick and efficient mechanism to re- the additional deposits—sometimes called calls, rather than having to contact each tele- move their names from telemarketing lists. ‘‘down payments’’—during the licensing proc- marketer individually. Consumers will be able to register for free on- ess represents a significant source of funding Among other provisions, H.R. 395 provides line or by calling a toll-free number. This will for the TDF. a five-year authorization for the FTC to collect be less burdensome than forcing consumers Unfortunately, despite the language of the offsetting fees from telemarketers to pay for a to make such requests on a company-by-com- 1996 Act—which makes no distinction be- National ‘‘do-not-call’’ registry, which is esti- pany basis, and will work in concert with tween bidders’ ‘‘up-front payments’’ and suc- mated to cost $16 million annually. It also re- states such as Illinois that either have or are cessful bidders’ ‘‘down payments,’’ referring to quires important consultation and coordination implementing such lists. both simply as ‘‘deposits,’’—the FCC has not between the FTC and FCC to maximize con- I have received numerous messages from required increased ‘‘down payment’’ deposits sistency of its rules. both of these provisions, my constituents in the 12th District of Illinois of initially successful bidders to also be placed and passage of this bill, are important steps concerning their frustrations with tele- in interest bearing accounts for the benefit of toward making a national do-not-call registry a marketers. A national do-not-call list will an- the TDF. As a consequence, small tele- reality. swer a long-felt consumer need for better con- communications companies, and the people in I urge my colleagues to join me in support trol over telemarketing calls to the home. I under-served urban and rural areas that might of this important legislation. urge my colleagues to support this pro-con- have been the beneficiaries of the technology Mr. DINGELL. Madam Speaker, H.R. 395, sumer legislation. these companies are working to develop, have the ‘‘Do-Not-Call Implementation Act,’’ author- Mr. TOWNS. Madam Speaker, today, along been deprived of access to tens of millions of izes the Federal Trade Commission (FTC) to with my colleagues, Mr. UPTON and Mrs. WIL- dollars of additional investment capital that the collect fees to fund its national do-not-call reg- SON, as original co-sponsors, I re-introduce the TDF could have made available. This addi- istry. Unwanted sales calls have become a ‘‘Telecommunications Development Fund Im- tional source of investment capital would have nuisance that many consider an invasion of provement Act.’’ come from the interest that could have been privacy. A national do-not-call registry will The Telecommunications Act of 1996 in- earned on the additional down payment de- allow consumers to limit these unwanted intru- cluded an important provision, which I co- posits during the period between the identifica- sions and once again answer their telephones sponsored with the former Subcommittee tion of the successful bidder and the issuance without aggravation. Chair, Mr. Fields, to expand the availability of of the license.

VerDate Jan 31 2003 03:45 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00018 Fmt 7634 Sfmt 9920 E:\CR\FM\A12FE7.024 H12PT1 February 12, 2003 CONGRESSIONAL RECORD — HOUSE H413 The Telecommunications Development under which the TDF is authorized to make SEC. 2. INCREASE IN PENALTIES FOR UNFAIR OR DECEPTIVE ACTS OR PRACTICES EX- Fund Reform Act (‘‘TDFIA’’) rectifies this draft- loans. PLOITING REACTION TO CERTAIN ing oversight to close the loophole created by Madam Speaker, I hope that the Commerce EMERGENCIES AND MAJOR DISAS- the FCC. The TDFIA renames the bidders’ ini- Committee will schedule hearings on this im- TERS. tial deposits as ‘‘up-front payments’’ and pre- portant technical amendment to the 1996 (a) VIOLATIONS OF PROHIBITION AGAINST UN- serves existing law treatment of the interest Telecommunications Act and report the Bill to FAIR OR DECEPTIVE ACTS OR PRACTICES.—Sec- earned on these payments. The TDFIA also the full House for consideration early in this tion 5(m)(1) of the Federal Trade Commis- sion Act (15 U.S.C. 45(m)(1)) is amended by defines the additional deposits made by suc- Session. I invite my colleagues to join me in adding at the end the following: cessful bidders as ‘‘down payments’’ and passing this important legislation at a time ‘‘(D) In the case of a violation involving an treats these down payments the same way as when infusion of additional capital investment unfair or deceptive act or practice in an existing law treats the bidders’ initial deposits/ into struggling small telecommunications com- emergency period or disaster period, the up-front payments, i.e., the down payment panies may help create jobs, stimulate new amount of the civil penalty under this para- funds will be required to be placed in an inter- technology and expand telecommunications graph shall be double the amount otherwise est-bearing escrow account and, upon services to under-served urban and rural provided in this paragraph, if the act or prac- areas of the nation suffering from the current tice exploits popular reaction to the national issuance of the license, the interest earned emergency, major disaster, or emergency will be required to be remitted to the TDF. economic slowdown. This legislation can stim- that is the basis for such period. The amendments made by the TDFIA are ulate important economic activity without en- ‘‘(E) In this paragraph— purely prospective in effect, applying only to actment of new taxes, appropriation of addi- ‘‘(i) the term ‘emergency period’ means the future FCC spectrum auctions. The amend- tional federal funds or any adverse effect on period that— ments would have no effect on existing down the federal budget deficit. I recommend it to ‘‘(I) begins on the date the President de- payments held by the FCC in connection with my colleagues for their consideration and clares a national emergency under the Na- tional Emergencies Act (50 U.S.C. 1601 et previously conducted auctions. In particular, thank Mr. UPTON and Mrs. WILSON for their seq.); and the TDFIA would have no effect on the con- support of this worthy endeavor. ‘‘(II) ends on the expiration of the 1-year troversy or pending litigation related to the so- Mr. STEARNS. Madam Speaker, I period beginning on the date of the termi- called ‘‘’’ licenses, and would not af- yield back the balance of my time. nation of the national emergency; and fect any bidder’s entitlement to a refund of de- The SPEAKER pro tempore (Mrs. ‘‘(ii) the term ‘disaster period’ means the 1- posited funds or any bidder’s claim for pay- BIGGERT). All time having expired, pur- year period beginning on the date the Presi- ment of interest on any refund. suant to the order of the House of dent declares an emergency or major dis- The FCC does not oppose these provisions Tuesday, February 11, 2003, the bill is aster under the Robert T. Stafford Disaster of the TDFIA. considered read for amendment and the Relief and Emergency Assistance Act (42 Finally, the 1996 Act requires the TDF to previous question is ordered. U.S.C. 5121 et seq.).’’. The question is on the engrossment (b) VIOLATIONS OF OTHER LAWS ENFORCED satisfy the requirements of the Federal Credit BY THE FEDERAL TRADE COMMISSION.—Sec- Reform Act of 1990 (‘‘FCRA’’), 2 U.S.C. § 661 and third reading of the bill. tion 13 of the Federal Trade Commission Act et seq., prior to making loans. Except for this The bill was ordered to be engrossed (15 U.S.C. 53) is amended by adding at the reference, the FCRA applies only to loans and read a third time, and was read the end the following: made by Federal Government agencies. third time. ‘‘(e)(1) If a person, partnership, or corpora- One of the purposes of the FCRA was to The SPEAKER pro tempore. The tion is found, in an action under subsection ‘‘place the cost of [Federal] credit programs on question is on the passage of the bill. (b), to have committed a violation involving a budgetary basis equivalent to other Federal The question was taken; and the an unfair or deceptive act or practice in an Speaker pro tempore announced that emergency period or a disaster period, and if spending.’’ 2 U.S.C. § 661(2). Consistent with the act or practice exploits popular reaction this purpose, among the provisions of the the ayes appeared to have it. Mr. STEARNS. Madam Speaker, on to the national emergency, major disaster, FCRA are requirements for ‘‘budgetary author- or emergency that is the basis for such pe- ity’’ in an appropriations act to cover the cost that I demand the yeas and nays. riod, the court, after awarding equitable re- of new Federal loans or loan guarantees, 2 The yeas and nays were ordered. lief (if any) under any other authority of the The SPEAKER pro tempore. Pursu- U.S.C. § 661c(b), and application of budgetary court, shall hold the person, partnership, or ant to clause 8 of rule XX, further pro- accounting requirements to loans subject to corporation liable for a civil penalty of not ceedings on this question will be post- the FCRA, 2 U.S.C. § 661c(d). These require- more than $22,000 for each such violation. poned. ‘‘(2) In this subsection— ments have no logical application to the TDF’s ‘‘(A) the term ‘emergency period’ means f funds, which are not subject to congressional the period that— appropriations or the Federal budget process. MESSAGE FROM THE PRESIDENT ‘‘(i) begins on the date the President de- The Office of Management and Budget, to A message in writing from the Presi- clares a national emergency under the Na- which administration and oversight of the dent of the United States was commu- tional Emergencies Act (50 U.S.C. 1601 et FCRA is entrusted, concurs with this view. seq.); and nicated to the House by Ms. Wanda ‘‘(ii) ends on the expiration of the 1-year Imposing the requirements of the FCRA on Evans, one of his secretaries. loans made by the TDF has erected an insur- period beginning on the date of the termi- f nation of the national emergency; and mountable barrier to the use of loans by the ‘‘(B) the term ‘disaster period’ means the 1- TDF as a financing option, notwithstanding the AMERICAN SPIRIT FRAUD year period beginning on the date the Presi- intent of the 1996 Act that the TDF be author- PREVENTION ACT dent declares an emergency or major dis- ized to make loans to credit-worthy small busi- Mr. STEARNS. Madam Speaker, I aster under the Robert T. Stafford Disaster nesses. By making TDF subject to FCRA, move to suspend the rules and pass the Relief and Emergency Assistance Act (42 TDF would be required to obtain appropria- bill (H.R. 346) to amend the Federal U.S.C. 5121 et seq.).’’. tions before it could make loans to prospective Trade Commission Act to increase civil The SPEAKER pro tempore. Pursu- borrowers. Requiring the TDF to comply with penalties for violations involving cer- ant to the rule, the gentleman from the FCRA makes no sense from a policy tain proscribed acts or practices that Florida (Mr. STEARNS) and the gentle- standpoint (TDF receives no appropriated exploit popular reaction to an emer- woman from Illinois (Ms. SCHAKOWSKY) funds) and can only be explained as a drafting gency or major disaster declared by the each will control 20 minutes. error. President, and to authorize the Federal The Chair recognizes the gentleman The TDFIA repeals this requirement to en- Trade Commission to seek civil pen- from Florida (Mr. STEARNS). able the TDF to enjoy the same flexibility in alties for such violations in actions GENERAL LEAVE making loans as any other non-governmental brought under section 3 of that Act. Mr. STEARNS. Madam Speaker, I entity. The amendment to the TDF’s loan au- The Clerk read as follows: ask unanimous consent that all Mem- thority made by the TDFIA preserves the re- H.R. 346 bers may have 5 legislative days within quirement that the TDF comply with any other Be it enacted by the Senate and House of Rep- which to revise and extend their re- ‘‘applicable’’ Federal law in making loans to el- resentatives of the United States of America in marks on this legislation and to insert igible small businesses. The amendment to Congress assembled, extraneous material in the bill. the TDF’s loan authority made by the TDFIA SECTION 1. SHORT TITLE. The SPEAKER pro tempore. Is there is narrowly focused and does not affect the This Act may be cited as the ‘‘American objection to the request of the gen- existing substantive criteria of the 1996 Act Spirit Fraud Prevention Act’’. tleman from Florida?

VerDate Jan 31 2003 03:45 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\A12FE7.027 H12PT1 H414 CONGRESSIONAL RECORD — HOUSE February 12, 2003 There was no objection. BASS) for taking the initiative on this Madam Speaker, I yield the balance Mr. STEARNS. Madam Speaker, I very important bill authoring H.R. 346, of my time. yield myself such time as I may con- the American Spirit Fraud Prevention Mr. STEARNS. Madam Speaker, I sume. Act. have no further requests for time, and In the weeks since September 11, Madam Speaker, I reserve my time. I yield back the balance of my time. 2001, this Nation has mourned, has been Ms. SCHAKOWSKY. Madam Speaker, The SPEAKER pro tempore. The angry, has been anxious, and has been I yield myself as much time as I may question is on the motion offered by very generous in response to the needs consume. the gentleman from Florida (Mr. of those who were affected. This Amer- I rise in strong support of H.R. 346, STEARNS) that the House suspend the ican spirit has reached record levels the American Spirit Fraud Prevention rules and pass the bill, H.R. 346. and now stands as symbolic as this Na- Act, and I also want to commend the The question was taken. tion’s greatness and ability to support gentleman from New Hampshire (Mr. The SPEAKER pro tempore. In the a just cause, the relief of the victims BASS) for his leadership on this issue, opinion of the Chair, two-thirds of and their families. as well as my colleagues on the Com- those present have voted in the affirm- But we have also seen the darker side mittee on Energy and Commerce for ative. of humanity. Reports of people using ensuring this measure’s swift passage Mr. STEARNS. Madam Speaker, on this tragedy and the generous Amer- through the committee. that I demand the yeas and nays. ican spirit for their own gain have ap- September 11 was the worst attack The yeas and nays were ordered. peared. Scam artists and frauds know and loss this country has ever experi- The SPEAKER pro tempore. Pursu- that in the aftermath, Americans are enced on our own soil. Countless lives ant to clause 8 of rule XX and the all too eager to help. They also appear were lost, and the Nation was con- Chair’s prior announcement, this 15- in the wake of hurricanes, earth- fronted with a new reality, a harsh minute vote on H.R. 346 will be fol- quakes, floods, and other such similar sense of our vulnerabilities. It was the lowed by 5-minute votes on the two disasters. single darkest day this Nation has questions previously postponed. The Department of Justice, the Fed- faced. The one saving grace, the one Votes will be taken in the following eral Trade Commission, and the States’ ray of hope that helped combat the order: attorneys general already have some pain, suffering, and sadness of the Na- H.R. 346, by the yeas and nays; powers to prosecute those engaged in tion was the heroism, leadership, and House Resolution 62, by the yeas and fraud and deceptive practices, but we commitment displayed by Americans nays; and must make it clear that we will se- who were determined to help. H.R. 395, by the yeas and nays. verely punish those who aim to take Some helped by giving their lives, The vote was taken by electronic de- advantage of America’s charity or an and their stories will inspire us forever. vice, and there were—yeas 422, nays 1, organization’s good name during such Others from across the country helped not voting 11, as follows: an emergency. by giving. Americans made generous [Roll No. 24] Congress must also make sure that donations to provide aid to victims of YEAS—422 consumers are not inundated with false the terrorist attacks. Over $1 billion and deceptive claims about goods and was raised for relief efforts and aid to Abercrombie Calvert Doyle Ackerman Camp Dreier services that would exploit the cir- victims’ families in the wake of Sep- Aderholt Cannon Duncan cumstances of an emergency or of such tember 11, from donations, large and Akin Cantor Dunn a disaster. Whether it is selling Cipro small, made by the American public. Alexander Capito Edwards Andrews Capps Ehlers and other drugs under false informa- Unfortunately, however, some in our Baca Capuano Emanuel tion or offering fraudulent terrorist in- country demonstrated the shameful Bachus Cardin Emerson surance, these practices must carry a side of humanity by attempting to ille- Baird Cardoza Engel penalty commensurate with their na- gally profit from the tragedy. Those in- Baker Carson (IN) English Baldwin Carson (OK) Eshoo ture. We cannot let stand the detest- dividuals tried to exploit the gen- Ballance Carter Etheridge able actions of so few that mar the erosity demonstrated by so many Ballenger Case Evans pride and patriotism we all share over through fraudulent solicitations in Barrett (SC) Castle Everett Bartlett (MD) Chabot Farr the phenomenal generosity and out- which they claimed to be representing Barton (TX) Chocola Fattah pouring of support from across the organizations benefiting the victims or Bass Clay Feeney United States and world. And we can- providing emergency response services. Beauprez Clyburn Filner not let the fear and anxiety of our citi- While those despicable acts are already Becerra Coble Flake Bell Cole Fletcher zens be preyed upon by scam artists illegal, it is important for the Congress Bereuter Collins Foley peddling their cheats and their swin- on behalf of our constituents to send a Berkley Combest Forbes dles. clear message that such behavior will Berman Conyers Ford Berry Cooper Fossella Madam Speaker, I have no doubt that be subjected to even more severe pen- Biggert Costello Frank (MA) the victims of any tragedy, their fami- alties in the future. Bilirakis Cox Franks (AZ) lies and their friends and all Americans Under this measure the maximum Bishop (GA) Cramer Frelinghuysen are as humbled as I am with the re- civil fines for actions of fraud and at- Bishop (NY) Crane Frost Bishop (UT) Crenshaw Gallegly sponse of this country to disasters. tempts to profit from national emer- Blackburn Crowley Garrett (NJ) Now we need to ensure that those who gencies in violation of the Federal Blumenauer Culberson Gerlach would abuse this determined American Trade Commission Act will be doubled. Blunt Cummings Gibbons Boehlert Cunningham Gilchrest spirit are equally staggered at our re- These increased penalties will apply to Boehner Davis (AL) Gillmor sponse. all violations that occur within 1 year Bonilla Davis (CA) Gingrey The American Spirit Fraud Preven- of the time the President declares a Bonner Davis (FL) Gonzalez tion Act would double the penalties disaster and all violations that oc- Bono Davis (IL) Goode Boozman Davis (TN) Goodlatte that the Federal Trade Commission curred during and up to 1 year after the Boswell Davis, Jo Ann Gordon would levy during times of presi- expiration of a presidential emergency Boucher Davis, Tom Goss dentially declared emergencies and dis- declared under the National Emer- Boyd Deal (GA) Granger Bradley (NH) DeFazio Graves asters if the offending action aims to gencies Act. Brady (PA) DeGette Green (TX) exploit the crisis. Madam Speaker, the public is caring Brady (TX) Delahunt Green (WI) These times, Madam Speaker, sadly and committed. We care about the Brown (OH) DeLauro Greenwood occur more often than one might well-being of our neighbors, and we are Brown (SC) DeLay Grijalva Brown, Corrine DeMint Gutierrez think, and the attempts to profit from committed to do what we can to ensure Brown-Waite, Deutsch Gutknecht them follow just as regularly. All hope prosperity and security for this Nation, Ginny Diaz-Balart, L. Hall of profit and gain must be removed and we will not tolerate those who un- Burgess Diaz-Balart, M. Harman from the equation for these people. dermine and abuse the American spirit. Burns Dicks Harris Burr Doggett Hart I personally would like to thank the I urge all of my colleagues to join me Burton (IN) Dooley (CA) Hastings (FL) gentleman from New Hampshire (Mr. in supporting this measure. Buyer Doolittle Hastings (WA)

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Hayes McCrery Rush ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Eshoo Kucinich Price (NC) Hayworth McDermott Ryan (OH) The SPEAKER pro tempore (Mrs. Etheridge LaHood Pryce (OH) Hefley McGovern Ryan (WI) Evans Lampson Putnam Hensarling McHugh Ryun (KS) BIGGERT) (during the vote). Members Everett Langevin Quinn Herger McInnis Sabo are reminded that there are less than 2 Farr Lantos Radanovich Hill McIntyre Sanchez, Linda minutes remaining on the clock. Fattah Larsen (WA) Rahall Hinchey McKeon T. Feeney Larson (CT) Ramstad Hinojosa McNulty Sanchez, Loretta b 1701 Filner Latham Rangel Hobson Meehan Sanders Flake LaTourette Regula Hoeffel Meek (FL) Sandlin Mr. FLAKE changed his vote from Fletcher Leach Rehberg Hoekstra Meeks (NY) Saxton ‘‘nay’’ to ‘‘yea.’’ Foley Lee Renzi Holden Menendez Schakowsky So (two-thirds having voted in favor Forbes Levin Reyes Holt Mica Schiff Ford Lewis (CA) Reynolds Honda Michaud Schrock thereof), the rules were suspended and Fossella Lewis (GA) Rodriguez Hooley (OR) Millender- Scott (GA) the bill was passed. Frank (MA) Lewis (KY) Rogers (AL) Hostettler McDonald Scott (VA) The result of the vote was announced Franks (AZ) Linder Rogers (KY) Houghton Miller (FL) Sensenbrenner as above recorded. Frelinghuysen Lipinski Rogers (MI) Hoyer Miller (MI) Serrano Frost LoBiondo Rohrabacher Hulshof Miller (NC) Sessions A motion to reconsider was laid on Gallegly Lofgren Ros-Lehtinen Hunter Miller, Gary Shadegg the table. Garrett (NJ) Lowey Ross Hyde Miller, George Shaw Gerlach Lucas (KY) Rothman Inslee Mollohan Shays f Gibbons Lucas (OK) Roybal-Allard Isakson Moore Sherman Gilchrest Lynch Royce Israel Moran (KS) Sherwood b 1704 Gillmor Majette Ruppersberger Issa Moran (VA) Shimkus Gingrey Maloney Rush Istook Murphy Shuster RECOGNIZING THE COURAGE AND Gonzalez Manzullo Ryan (OH) Jackson (IL) Murtha Simmons SACRIFICE OF UNITED STATES Goode Markey Ryan (WI) Jackson-Lee Musgrave Skelton ARMED FORCES HELD AS PRIS- Goodlatte Marshall Ryun (KS) (TX) Myrick Slaughter ONERS OF WAR DURING THE Gordon Matheson Sabo Janklow Nadler Smith (NJ) Goss Matsui Sanchez, Linda Jefferson Napolitano Smith (TX) VIETNAM CONFLICT AND CALL- Granger McCarthy (MO) T. Jenkins Neal (MA) Smith (WA) ING FOR A FULL ACCOUNTING Graves McCarthy (NY) Sanchez, Loretta John Nethercutt Snyder OF THOSE WHO REMAIN UNAC- Green (TX) McCollum Sanders Sandlin Johnson (CT) Ney Solis COUNTED FOR Green (WI) McCotter Johnson (IL) Northup Souder Greenwood McCrery Saxton Johnson, E. B. Norwood Spratt The SPEAKER pro tempore (Mrs. Grijalva McDermott Schakowsky Gutierrez McGovern Schiff Johnson, Sam Nunes Stark BIGGERT). The pending business is the Jones (NC) Nussle Stearns Gutknecht McHugh Schrock Jones (OH) Oberstar Stenholm question of suspending the rules and Hall McInnis Scott (GA) Kanjorski Obey Strickland agreeing to the resolution, H. Res. 62. Harman McIntyre Scott (VA) Kaptur Olver Stupak The Clerk read the title of the resolu- Harris McKeon Sensenbrenner Keller Ortiz Sullivan Hart McNulty Serrano Kelly Osborne Sweeney tion. Hastings (FL) Meehan Sessions Kennedy (MN) Ose Tancredo The SPEAKER pro tempore. The Hastings (WA) Meek (FL) Shadegg Kennedy (RI) Otter Tanner question is on the motion offered by Hayes Meeks (NY) Shaw Kildee Owens Tauscher the gentleman from California (Mr. Hayworth Menendez Shays Kind Oxley Tauzin Hefley Mica Sherman King (IA) Pallone Taylor (MS) HUNTER) that the House suspend the Hensarling Michaud Sherwood King (NY) Pascrell Terry rules and agree to the resolution, H. Herger Millender- Shimkus Kingston Pastor Thomas Res. 62, on which the yeas and nays are Hill McDonald Shuster Kirk Payne Thompson (CA) ordered. Hinchey Miller (FL) Simmons Kleczka Pearce Thompson (MS) Hinojosa Miller (MI) Skelton Kline Pelosi Thornberry This will be a 5-minute vote. Hobson Miller (NC) Slaughter Knollenberg Pence Tiahrt The vote was taken by electronic de- Hoeffel Miller, Gary Smith (NJ) Kolbe Peterson (MN) Tierney vice, and there were—yeas 424, nays 0, Hoekstra Miller, George Smith (TX) Holden Mollohan Smith (WA) Kucinich Peterson (PA) Toomey not voting 10, as follows: LaHood Petri Towns Holt Moore Snyder Lampson Pickering Turner (OH) [Roll No. 25] Honda Moran (KS) Solis Hooley (OR) Moran (VA) Souder Langevin Pitts Turner (TX) YEAS—424 Lantos Platts Udall (CO) Hostettler Murphy Spratt Larsen (WA) Pombo Udall (NM) Abercrombie Boyd Cox Houghton Murtha Stark Larson (CT) Pomeroy Upton Ackerman Bradley (NH) Cramer Hoyer Musgrave Stearns Latham Porter Van Hollen Aderholt Brady (PA) Crane Hulshof Myrick Stenholm LaTourette Portman Velazquez Akin Brady (TX) Crenshaw Hunter Nadler Strickland Leach Price (NC) Visclosky Alexander Brown (OH) Crowley Hyde Napolitano Stupak Lee Pryce (OH) Vitter Andrews Brown (SC) Culberson Inslee Neal (MA) Sullivan Levin Putnam Walden (OR) Bachus Brown, Corrine Cummings Isakson Nethercutt Sweeney Lewis (CA) Quinn Walsh Baird Brown-Waite, Cunningham Israel Ney Tancredo Lewis (GA) Radanovich Wamp Baker Ginny Davis (AL) Issa Northup Tanner Lewis (KY) Rahall Waters Baldwin Burgess Davis (CA) Istook Norwood Tauscher Ballance Burns Davis (FL) Jackson (IL) Nunes Tauzin Linder Ramstad Watson Ballenger Burr Davis (IL) Jackson-Lee Nussle Taylor (MS) Lipinski Rangel Watt Barrett (SC) Burton (IN) Davis (TN) (TX) Oberstar Taylor (NC) LoBiondo Regula Waxman Bartlett (MD) Buyer Davis, Jo Ann Janklow Obey Terry Lofgren Rehberg Weiner Barton (TX) Calvert Davis, Tom Jefferson Olver Thomas Lucas (KY) Renzi Weldon (FL) Bass Camp Deal (GA) Jenkins Ortiz Thompson (CA) Lucas (OK) Reyes Weldon (PA) Beauprez Cannon DeFazio John Osborne Thompson (MS) Lynch Reynolds Weller Becerra Cantor DeGette Johnson (CT) Ose Thornberry Majette Rodriguez Wexler Bell Capito Delahunt Johnson (IL) Otter Tiahrt Maloney Rogers (AL) Whitfield Bereuter Capps DeLauro Johnson, E. B. Owens Tierney Manzullo Rogers (KY) Wicker Berkley Capuano DeLay Johnson, Sam Oxley Toomey Markey Rogers (MI) Wilson (NM) Berman Cardin DeMint Jones (NC) Pallone Towns Marshall Rohrabacher Wilson (SC) Berry Cardoza Deutsch Jones (OH) Pascrell Turner (OH) Matheson Ros-Lehtinen Wolf Biggert Carson (IN) Diaz-Balart, L. Kanjorski Pastor Turner (TX) Matsui Ross Woolsey Bilirakis Carson (OK) Diaz-Balart, M. Kaptur Paul Udall (CO) McCarthy (MO) Rothman Wu Bishop (GA) Carter Dicks Keller Payne Udall (NM) McCarthy (NY) Roybal-Allard Wynn Bishop (NY) Case Doggett Kelly Pearce Upton McCollum Royce Young (AK) Bishop (UT) Castle Dooley (CA) Kennedy (MN) Pelosi Van Hollen McCotter Ruppersberger Young (FL) Blackburn Chabot Doolittle Kennedy (RI) Pence Velazquez Blumenauer Chocola Doyle Kildee Peterson (MN) Visclosky NAYS—1 Blunt Clay Dreier Kind Peterson (PA) Vitter Paul Boehlert Clyburn Duncan King (IA) Petri Walden (OR) Boehner Coble Dunn King (NY) Pickering Walsh NOT VOTING—11 Bonilla Cole Edwards Kingston Pitts Wamp Bonner Collins Ehlers Kirk Platts Waters Allen Gephardt Smith (MI) Bono Combest Emanuel Kleczka Pombo Watson Cubin Kilpatrick Taylor (NC) Boozman Conyers Emerson Kline Pomeroy Watt Dingell Lowey Tiberi Boswell Cooper Engel Knollenberg Porter Waxman Ferguson Simpson Boucher Costello English Kolbe Portman Weiner

VerDate Jan 31 2003 03:45 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\A12FE7.018 H12PT1 H416 CONGRESSIONAL RECORD — HOUSE February 12, 2003 Weldon (FL) Wicker Wu Foley Levin Reynolds NAYS—7 Weldon (PA) Wilson (NM) Wynn Forbes Lewis (CA) Rodriguez Bishop (UT) Ryan (OH) Terry Weller Wilson (SC) Young (AK) Ford Lewis (GA) Rogers (AL) Flake Strickland Wexler Wolf Fossella Lewis (KY) Rogers (KY) Young (FL) Paul Tancredo Whitfield Woolsey Frank (MA) Linder Rogers (MI) Franks (AZ) Lipinski Rohrabacher NOT VOTING—10 NOT VOTING—9 Frelinghuysen LoBiondo Ros-Lehtinen Allen Ferguson Larson (CT) Allen Ferguson Smith (MI) Frost Lofgren Ross Cubin Gephardt Simpson Baca Gephardt Tiberi Gallegly Lowey Rothman Dingell Kilpatrick Tiberi Cubin Kilpatrick Garrett (NJ) Lucas (KY) Roybal-Allard Dingell Simpson Gerlach Lucas (OK) Royce ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Gibbons Lynch Ruppersberger ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE The SPEAKER pro tempore (Mrs. Gilchrest Majette Rush The SPEAKER pro tempore (during Gillmor Maloney Ryan (WI) BIGGERT) (during the vote). Members the vote). Members are reminded there Gingrey Manzullo Ryun (KS) are reminded that 2 minutes are re- is less than 2 minutes remaining on the Gonzalez Markey Sabo maining on the vote clock. Goode Marshall Sanchez, Linda clock. Goodlatte Matheson T. b 1717 Gordon Matsui Sanchez, Loretta b 1710 Goss McCarthy (MO) Sanders Mr. TANCREDO changed his vote So (two-thirds having voted in favor Granger McCarthy (NY) Sandlin from ‘‘yea’’ to ‘‘nay.’’ Graves McCollum Saxton So the bill was passed. thereof) the rules were suspended and Green (TX) McCotter Schakowsky the resolution was agreed to. Green (WI) McCrery The result of the vote was announced Schiff as above recorded. The result of the vote was announced Greenwood McDermott Schrock Grijalva McGovern as above recorded. Scott (GA) A motion to reconsider was laid on Gutierrez McHugh Scott (VA) the table. A motion to reconsider was laid on Gutknecht McInnis Sensenbrenner Stated for: the table. Hall McIntyre Serrano Harman McKeon Sessions Mr. LARSON of Connecticut. Mr. Speaker, Mr. BACA. Mr. Speaker, on rollcall No. 25, Harris McNulty I was detained in the Chamber when the time Shadegg on rollcall No. 26, on final passage of H.R. Hart Meehan Shaw 395, had I been present, I would have voted elapsed on the vote. Had I not been detained Hastings (FL) Meek (FL) Shays ‘‘yea.’’ and as a veteran, I would have voted ‘‘yea.’’ Hastings (WA) Meeks (NY) Sherman Hayes Menendez Sherwood PERSONAL EXPLANATION f Hayworth Mica Shimkus Ms. KILPATRICK. Mr. Speaker, unfortu- Hefley Michaud Shuster DO-NOT-CALL IMPLEMENTATION Hensarling Millender- Simmons nately, personal business required me to re- ACT Herger McDonald Skelton turn to the district this evening before the Hill Miller (FL) Slaughter House considered votes on legislative busi- The SPEAKER pro tempore. The Hinchey Miller (MI) Smith (MI) ness for which the ‘‘yeas and neas’’ were or- pending business is the question on the Hinojosa Miller (NC) Smith (NJ) Miller, Gary dered. Had I been present, I would have cast passage of the bill, H.R. 395, on which Hobson Smith (TX) Hoeffel Miller, George my votes as follows: Rollcall No. 24 (H.R. the yeas and nays were ordered. Smith (WA) Hoekstra Mollohan Snyder 346), The American Spirit Fraud Prevention The Clerk read the title of the bill. Holden Moore Solis Act, ‘‘yea’’; rollcall No. 25 (H. Res. 62), A res- The SPEAKER pro tempore. The Holt Moran (KS) Souder Honda Moran (VA) olution recognizing Vietnam prisoners of war, question is on the passage of the bill. Spratt Hooley (OR) Murphy Stark ‘‘yea’’; and on rollcall No. 26, H.R. 395, The This will be a 5-minute vote. Hostettler Murtha Stearns Do-Not-Call Implementation Act, ‘‘yea.’’ The vote was taken by electronic de- Houghton Musgrave Stenholm vice, and there were—yeas 418, nays 7, Hoyer Myrick Stupak f Hulshof Nadler not voting 9, as follows: Sullivan REPORT ON RESOLUTION PRO- Hunter Napolitano Sweeney [Roll No. 26] Hyde Neal (MA) Tanner VIDING FOR CONSIDERATION OF Inslee Nethercutt YEAS—418 Tauscher H.R. 4, PERSONAL RESPONSI- Isakson Ney Tauzin Abercrombie Brady (TX) Cummings Israel Northup BILITY, WORK, AND FAMILY Taylor (MS) Ackerman Brown (OH) Cunningham Issa Norwood PROMOTION ACT OF 2003 Taylor (NC) Aderholt Brown (SC) Davis (AL) Istook Nunes Thomas Akin Brown, Corrine Davis (CA) Jackson (IL) Nussle Mr. DREIER, from the Committee on Thompson (CA) Alexander Brown-Waite, Davis (FL) Jackson-Lee Oberstar Rules, submitted a privileged report Thompson (MS) Andrews Ginny Davis (IL) (TX) Obey Thornberry (Rept. No. 108–9) on the resolution (H. Baca Burgess Davis (TN) Janklow Olver Tiahrt Res. 69) providing for consideration of Bachus Burns Davis, Jo Ann Jefferson Ortiz Tierney Baird Burr Davis, Tom Jenkins Osborne the bill (H.R. 4) to reauthorize and im- Toomey Baker Burton (IN) Deal (GA) John Ose prove the program of block grants to Towns Baldwin Buyer DeFazio Johnson (CT) Otter Turner (OH) States for temporary assistance for Ballance Calvert DeGette Johnson (IL) Owens Ballenger Camp Delahunt Johnson, E. B. Oxley Turner (TX) needy families, improve access to qual- Barrett (SC) Cannon DeLauro Johnson, Sam Pallone Udall (CO) ity child care, and for other purposes, Bartlett (MD) Cantor DeLay Jones (NC) Pascrell Udall (NM) Upton which was referred to the House Cal- Barton (TX) Capito DeMint Jones (OH) Pastor endar and ordered to be printed. Bass Capps Deutsch Kanjorski Payne Van Hollen Beauprez Capuano Diaz-Balart, L. Kaptur Pearce Velazquez f Becerra Cardin Diaz-Balart, M. Keller Pelosi Visclosky Bell Cardoza Dicks Kelly Pence Vitter ELECTION OF MEMBER TO COM- Bereuter Carson (IN) Doggett Kennedy (MN) Peterson (MN) Walden (OR) MITTEE ON EDUCATION AND THE Berkley Carson (OK) Dooley (CA) Kennedy (RI) Peterson (PA) Walsh WORKFORCE Berman Carter Doolittle Kildee Petri Wamp Berry Case Doyle Kind Pickering Waters Mr. DOOLITTLE. Madam Speaker, I Biggert Castle Dreier King (IA) Pitts Watson offer a resolution (H. Res. 70) and ask Bilirakis Chabot Duncan King (NY) Platts Watt Bishop (GA) Chocola Dunn Kingston Pombo Waxman unanimous consent for its immediate Bishop (NY) Clay Edwards Kirk Pomeroy Weiner consideration. Blackburn Clyburn Ehlers Kleczka Porter Weldon (FL) The Clerk read the resolution, as fol- Blumenauer Coble Emanuel Kline Portman Weldon (PA) lows: Blunt Cole Emerson Knollenberg Price (NC) Weller Boehlert Collins Engel Kolbe Pryce (OH) Wexler H. RES. 70 Boehner Combest English Kucinich Putnam Whitfield Resolved, That the following Member be Bonilla Conyers Eshoo LaHood Quinn Wicker and is hereby elected to the following stand- Bonner Cooper Etheridge Lampson Radanovich Wilson (NM) Bono Costello Evans Langevin Rahall Wilson (SC) ing committee of the House of Representa- Boozman Cox Everett Lantos Ramstad Wolf tives: Education and the Workforce: Mr. Boswell Cramer Farr Larsen (WA) Rangel Woolsey Burns. Boucher Crane Fattah Latham Regula Wu The SPEAKER pro tempore. Is there Boyd Crenshaw Feeney LaTourette Rehberg Wynn Bradley (NH) Crowley Filner Leach Renzi Young (AK) objection to the request of the gen- Brady (PA) Culberson Fletcher Lee Reyes Young (FL) tleman from California?

VerDate Jan 31 2003 04:13 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\A12FE7.019 H12PT1 February 12, 2003 CONGRESSIONAL RECORD — HOUSE H417 There was no objection. SPECIAL ORDERS shiped with. But today, now more than The resolution was agreed to. The SPEAKER pro tempore (Mr. ever, we recognize that these individ- A motion to reconsider was laid on PEARCE). Under the Speaker’s an- uals were willing to give the ultimate the table. nounced policy of January 7, 2003, and sacrifice, and that was their lives, for the betterment of humanity. f under a previous order of the House, the following Members will be recog- Unfortunately, what tragedy causes ANNOUNCEMENT BY THE SPEAKER nized for 5 minutes each. us to do is to reflect, to understand PRO TEMPORE that what we often take for granted is, f in fact, precious and unique. It is The SPEAKER pro tempore. The SUPPORTING MIGUEL ESTRADA unique to send man, woman, humanity Chair will entertain 1-minute requests. The SPEAKER pro tempore. Under a into space. It is unique what the f previous order of the House, the gen- United States has been able to do now tleman from Arizona (Mr. FRANKs) is for almost 40 years. CONFIRM MIGUEL ESTRADA AS recognized for 5 minutes. I want to applaud the NASA employ- FEDERAL JURIST Mr. FRANKS of Arizona. Mr. Speak- ees’ commitment that they have as a (Mr. DRIER asked and was given per- er, Thomas Jefferson said, ‘‘The great unified group. I know that they are mission to address the House for 1 object of my fear is the Federal Judici- hurting because of this tragedy. minute and to revise and extend his re- ary. That body, step by step, holding I have always said over the last 7 marks.) what it gains, is engulfing insidiously days that it is important for us to heal Mr. DREIER. Madam Speaker, I have the special governments into the jaws and to be able to acknowledge the pain taken this time during 1-minutes to of that which feeds them.’’ that the families are feeling, but today simply rise in strong support of some And today, Mr. Speaker, the object of was appropriate for the first congres- very important work that is taking my fear is an unrestrained judiciary, a sional hearing to be held; and I thank place, and that is the prospect of con- judiciary too quick to abandon the the Members of the other body and the firming Miguel Estrada. ideals of our forefathers and the tenets chairman of the House Committee on I do not personally know this man, of our Constitution, a judiciary swell- Science and the ranking member for but I wanted to say, Madam Speaker, ing with unchecked authority. convening us today to begin the proc- that I have read about his record and I The heart of a republic rests on its ess of reality. The words that I often say are that have talked to many people who know judiciary, Mr. Speaker, and the con- we find fault without blame, that we him very well; and I happen to believe firmation of Miguel Estrada is vital to are not afraid to acknowledge mistakes that he would be a superb jurist. And this Republic. He is a brilliant attor- and that we make it better. For exam- having spoken with people of both po- ney who has repeatedly upheld and has ple, it is important to note that there litical parties, I have heard very good been upheld repeatedly and will con- is now some interest in an orbital things about him. And I would simply tinue to be upheld. He also upholds the plane, a very good vehicle, but we must like for the record to make it clear virtues of this Nation’s sacred Con- be reminded that what the space shut- that I believe that he would be a phe- stitution. tle meant was not just a transpor- nomenally good jurist, and I hope very Arriving from Honduras at age 18, tation vehicle, but it was a floating much that will take place. speaking no English, this man has be- laboratory where scientists, medical come the personification of the Amer- f professionals and others were able to ican dream. And I urge the President engage in science and research that APPOINT MIGUEL ESTRADA AS to stand strong in his support of helped to create better lives for all of FEDERAL JUDGE Miguel Estrada and to stand strong in us, research in diabetes, research in his support of making sure that we (Mr. DOOLITTLE asked and was HIV/AIDS, heart disease, cancer, maintain a judiciary in this country given permission to address the House stroke, research in prostate cancer and that reads the law for what it is. for 1 minute and to revise and extend breast cancer. For if our judiciary continues on the his remarks.) So we cannot fail to understand the path that it is, Mr. Speaker, I think Mr. DOOLITTLE. Madam Speaker, I mission and out of fear or expeditious- perhaps the rest of us can go home. I too join my colleague from California ness move to another vehicle because just call upon the President to be en- (Mr. DREIER). I do not know personally we are concerned about this tragedy. couraged and to recognize that there Mr. Estrada, but I understand he is Be concerned and get the facts. considered to be quite outstanding by are Americans that are very grateful to We understand that the shuttle cost all those who have known him. It is re- him for the courage that he shows and $450 million. The fatality rate is about markable. It is also my understanding for the clarity that he shows in his ap- 1 in 57. On the other hand, we realize that at the age of 17 he came from Hon- pointments. that there are better ways of enhanc- duras and had very limited English Mr. Speaker, I hope that this ap- ing the safety. One of them, of course, abilities, and then he ended up going to pointment and this confirmation can is finding the facts and being able to a university and graduating from Har- go forward unfettered. provide the resources for putting the vard Law School magna cum laude and f United States at the cutting edge of served as an editor of the Harvard Law b 1730 science. I cannot imagine that because Review. He was, I understand, an offi- of where we are that we will not listen cial in the Clinton administration, ac- EXPLORING SPACE MORE to the families who issued the state- tually in the Solicitor General’s office EFFICIENTLY ment, ‘‘The human space flight must and has support from former Clinton The SPEAKER pro tempore (Mr. continue.’’ That should be the legacy. administration people and has support PEARCE). Under a previous order of the Yet we must not fall away from the from, I believe, the past six or seven House, the gentlewoman from Texas fact that in 1994 a commissioned NASA Solicitors General of the United (Ms. JACKSON-LEE) is recognized for 5 study by Stanford and Carnegie-Mellon States. Truly a premiere candidate to minutes. said that 15 percent of tiles could cause serve in this important U.S. Court of Ms. JACKSON-LEE of Texas. Mr. 85 percent of failure, or of the observa- Appeals for the D.C. circuit. Speaker, now, some more than 7 days tions of a NASA engineer in 1997 that I just wanted to register my support after the fateful return of the Columbia said debris striking the tile would for this individual, someone who is seven, those of us from Texas and cause damage. Let us not run away very outstanding, a great American, around the Nation are quick to under- from facts or the mistakes. the first Hispanic to be appointed to stand the headline in a local newspaper I believe that we have seen a consid- the court of appeals. It would be out- that says, Astronauts, the hero next erable imbalance of funding. I am standing, Madam Speaker, and I appre- door. For those of us in Texas, these gratified by the increase that we see ciate the opportunity to voice my sup- were, in fact, our neighbors, our coming in the 2004 fiscal year proposal, port for him today. friends, certainly those who many wor- and I hope the Congress will recognize

VerDate Jan 31 2003 04:13 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\K12FE7.049 H12PT1 H418 CONGRESSIONAL RECORD — HOUSE February 12, 2003 that in addition to the moneys we need Christopher Hill, Lawrence Nelson, He has threatened preemptive strikes and have received, or will receive, for Melvin Packer, Ashleigh Roberts, against the United States of America the investigation, let us put NASA and Darryl Earthen, Arielle Williams, or, minimally, against our 36,000 troops the space program and human space Kelsey Dean, Martez Mitchell and Pau- who are trying to safeguard the people flight on the track it needs to be. line Smith, I offer my sincerest acco- of South Korea from this fanatic. This Let us not forget the dream that we lades on their accomplishment. is a poster from a rally a week ago Sat- would go to Mars, we would go to the My deepest condolences on their suf- urday, and it says here, Merciless Pun- moon, but most importantly, what we fering, and I join them in thanking Co- ishment to the American Empire, and would do would enhance humanity lumbia’s fallen crew, not only for what it depicts the United States Capitol with the research and understanding of they have taught us about space, but being blown up by a North Korean sol- these bright and outstanding men and for what they have taught us about dier. women who are willing to give us the ourselves. May we honor their memory But this is a back-burner issue with ultimate sacrifice. by continuing their voyage of dis- the Bush administration. It pales in Can we as Americans and the United covery. the face of the real threat to America. States Congress do any less for them? f Osama bin Laden? No. Saddam Hus- Yes, these are ordinary people who sein, who is in a box, without nuclear have been chosen to do extraordinary MAKING AMERICAN PEOPLE SAFER IN THEIR HOMES weapons, without the capability of de- things. These are the astronauts, the livering whatever chemical-biological heroes next door. We cannot falter, we The SPEAKER pro tempore. Under a weapons he might have had hidden and cannot stop or stumble. We must pay previous order of the House, the gen- he is shuffling around his country, try- tribute to their legacy by exploring tleman from Oregon (Mr. DEFAZIO) is ing to keep them away from the inspec- space more efficiently, more safely and recognized for 5 minutes. tors who are on the ground in Iraq, un- with the resources we need to have. Mr. DEFAZIO. Mr. Speaker, Ameri- like the inspectors who were thrown f cans are nervous. The United States is out of North Korea. on Orange Alert. The reports are that But the Bush administration says, Do HONORING BISHOP BORGESS HIGH stores have sold out of duct tape, plas- SCHOOL AND ACADEMY not worry, we will get around to this tic sheeting, bottled water, minimal someday, sometime, maybe later, The SPEAKER pro tempore. Under a supplies for people to defend them- through diplomacy. This could be set- previous order of the House, the gen- selves against the unthinkable, chem- tled through diplomacy, a maniac who tleman from Michigan (Mr. MCCOTTER) ical or biological attack, and to make has nuclear weapons and is encour- is recognized for 5 minutes. themselves safe in their homes. Ameri- aging rallies, showing the United Mr. MCCOTTER. Mr. Speaker, as our cans do not feel safe in their homes or States Capitol being blown up, some- Nation’s space program has touched here in the United States of America. one who has the capability of actually the lives of all Americans with both We are told by intelligence sources doing that; we can solve that dip- triumph and tragedy, I rise today to and the FBI that there are hundreds of lomatically, but somehow we cannot honor the special bond of courage and al Qaeda operatives at large in the work through the U.N. and the inspec- discovery between our seven Columbia United States of America who they are tors in Iraq. astronauts and Mr. Ronald Ferenczi’s either tracking or cannot find. Yester- We have got Saddam Hussein in a science class at Bishop Borgess High day Osama bin Laden, their fanatical box. Get more inspectors in there. Get School, which is located in my district. leader, gave a speech urging them to the overflights going. Keep him in that In conjunction with NASA’s initia- attack, suicide attacks against the box, work with our allies. Keep him in tives to foster a love of scientific United States of America. that box. Sooner or later, the inspec- knowledge and exploration amongst Osama bin Laden. My colleagues re- tors will find and destroy his weapons America’s youth, Mr. Ronald member him. Remember, the President just as they did in the 1990s. Yeah, he Ferenczi’s science class created a space wanted, dead or alive; we will get him; is playing games. Yeah, he is hiding experiment to study the effects of solar we will bring him to justice. The Presi- stuff. He did that then. We found it. We radiation on the T–4 virus, antibiotics dent is not allowed to mention his destroyed it. We can do that again. and related drugs and materials. Then, name anymore. It has been more than to their delight and awe, the students’ 10 months since the President has men- Is the United States so diminished in ingenious experiment was then chosen tioned the name Osama bin Laden be- the eyes of this administration and for inclusion on Columbia’s mission of cause his administration has failed others that we cannot contain a threat discovery, and brimming with curiosity miserably in finding and bringing him like Saddam Hussein and deal with ex- and pride, the students eagerly to justice. In all probability, he has traordinary threats like this up front, watched and awaited Columbia’s return, been given safe haven by the intel- and find and apprehend and bring to until . . . ligence services in Pakistan, and he, justice Osama bin Laden and his Mr. Speaker, our Nation’s space pro- according to our intelligence services operatives? I think not. gram, buoyed by courage and dedicated and his operatives, according to our I think the American people have to discovery, echoes the journey of life, FBI and others, presents the greatest real doubts about this rush to war and for cradled within our frail vessels, our threat to the security of Americans real doubts about the priorities that lives constitute courageous voyages of and the most immediate threat to the this administration is putting on the discovery about our world and about security of Americans. threats to our Nation and our country. ourselves; and as with every worthy There are other threats that are out I hope the administration begins to journey of discovery, the road ahead is there that are making people nervous. deal more seriously with this problem often hard and as often filled with tri- We have here a poster from a rally in and gets out there and finds Osama bin umph as it is with tragedy. Pyongyang a week ago Saturday. Now, Laden, and I will support those efforts, Consequently, how we cope and con- Kim Jong-il, psychopathic leader and and then continue to contain and de- tinue along our path of self-discovery oppressor of the people of North Korea, fang Saddam Hussein. That would is now and will always be our greatest he has thrown out the U.N. inspectors, make the American people safer in trial and our greatest triumph because thrown them out, and he is actively their homes. the courageous endurance of pursuing more, not a, more nuclear unfathomable suffering on the path to weapons. He already has them. He is f self-discovery is now and will always be actively building more missiles of The SPEAKER pro tempore. Under a the greatest moral measure of human- longer range. previous order of the House, the gen- ity. We were told today by Mr. Tenet he tleman from Nebraska (Mr. TERRY) is In conclusion, then, to Mr. Ferenczi may have already achieved a missile recognized for 5 minutes. and his students at Bishop Borgess that can reach the western United (Mr. TERRY addressed the House. His Academy whose names are Jason States and target my home State in remarks will appear hereafter in the Bowens, Tangie Brooks, Evan Collins, addition to Alaska and Hawaii. Extentions of Remarks.)

VerDate Jan 31 2003 04:13 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\K12FE7.050 H12PT1 February 12, 2003 CONGRESSIONAL RECORD — HOUSE H419 The SPEAKER pro tempore. Under a too long without a voice. We have a ders are weak. There is too much weak- previous order of the House, the gentle- Delta Regional Authority in this coun- ness in the South tonight. There is too woman from Indiana (Ms. CARSON) is try that is very ably led by Pete John- much poverty in the South tonight. recognized for 5 minutes. son of the State of Mississippi. I seek And it is time that we make an unprec- (Ms. CARSON of Indiana addressed to expand that authority to create a edented national commitment in this the House. Her remarks will appear Delta Black Belt Regional Authority, area. hereafter in the Extensions of Re- and I seek that this body make a com- This legislation would do one final marks.) mitment that would be unprecedented thing. It would give local communities, f in terms of its investment of resources through a constituent representation in the southern and central parts of board that I would put in this legisla- TRIBUTE TO FOUR BRAVE MEN OF this country. tion, it would give them an oppor- U.S. ARMY’S 160TH SPECIAL OP- This legislation, if enacted, would tunity to control 20 percent of the ERATIONS AVIATION REGIMENT ask that $100 million be appropriated in funding that would be allocated to this (Mr. COOPER asked and was given the first fiscal year to 552 counties and new authority. It is important that the permission to address the House for 1 14 States in this country of ours. I rec- people who live on the ground, who do minute.) ognize that I come before this Congress the work in our community and faith- Mr. COOPER. Mr. Speaker, I rise asking that this commitment be made based organizations have a chance to today to pay tribute to four remark- at a time when the priorities of the control and direct resources. It is im- able men, four brave men from the U.S. President are very different. Across the portant that they have an opportunity Army’s 106th Special Operations Avia- South we see economic development to control the way Federal funds are tion Regiment who gave their lives re- programs being cut. We see the enter- spent. Too many people are locked out cently while in service to our country. prise communities and the empower- of this process. Too many people are in On Thursday, January 30, 2003, the ment zones that have been so critical situations where their voices go un- four-member crew was participating in in my State and so critical in the heard as we think about how we spend training operations near Bagram Air States of so many of my colleagues ze- economic development dollars. Base in Afghanistan when their MH–60 roed out, eliminated from funding. We So I speak tonight on behalf of the Blackhawk helicopter crashed. The see funding for rural hospitals cut rural South. I speak on behalf of the elite Night Stalker 160 SOAR unit, back. Our priorities, I would submit, millions of children who live in poverty which is stationed at Fort Campbell are firmly and fundamentally wrong on in that region, and I call for a national near my home district in Tennessee, all these issues. commitment beyond any that we have honored these four aviators at a memo- Too many people are losing their made. rial service last week. Chief Warrant jobs. Too many companies are closing f Officer 3 Mark O’Steen, Chief Warrant in the South. And I would submit that at this point we have two Souths. We IN SUPPORT OF MIGUEL Officer 2 Thomas Gibbons, Staff Ser- ESTRADA’S CONFIRMATION geant Daniel Leon Kisling, Jr., and have one that is prosperous, we have Sergeant Gregory Michael Frampton one that is growing, one that is in The SPEAKER pro tempore. Under a were remembered as deeply patriotic touch with the modern economy that previous order of the House, the gen- and devoted family men. we have. We have another one that is tleman from Indiana (Mr. PENCE) is Their tragic loss will not be forgot- languishing; we have another one that recognized for 5 minutes. ten among family members, friends or has lagged behind. It is the second Mr. PENCE. Mr. Speaker, the history fellow soldiers that they left behind, South that I represent in the seventh of our Nation was forged in the balmy nor will it fade from the memories of district of Alabama. summer of 1787 in what was at the time those who live and work in Fort Camp- We need to make a commitment that the statehouse of Pennsylvania in bell. Each of these men made the great- when 40 percent of the people in var- Philadelphia. There the geniuses who est sacrifice a soldier can make, to give ious counties live in poverty, we need created the Constitution of the United his life for the cause of preserving our to make a commitment that when too States created three separate branches freedom. many children in the South live in of government and a system of checks I thank them for serving our country school districts that are underfunded, and balances within that government proudly and honorably. that we put their concerns at the top of that would provide for the common de- our agenda. We can talk all we want fense, promote the general welfare, and f about economic development, but until ensure the blessings of liberty for not b 1745 we find ways to grow the physical in- only themselves but we, their pos- frastructure of the South and, more terity. LEGISLATION ESTABLISHING importantly, capitalize and build the Central to that balance of power, Mr. DELTA BLACK BELT REGIONAL human infrastructure of the South, we Speaker, was the notion of an inde- AUTHORITY will see two Souths. We will see the pendent judiciary, which, at the level The SPEAKER pro tempore (Mr. South that I represent lag behind. of the Federal Court, would be gov- PEARCE). Under a previous order of When the President talks about com- erned by the appointment of the Presi- the House, the gentleman from Ala- passionate conservatism, he does it dent of the United States. But again it bama (Mr. DAVIS) is recognized for 5 with great eloquence. But his budget- was not without checks and balances, minutes. makers need to meet his speech-mak- Mr. Speaker, because the Senate itself, Mr. DAVIS of Alabama. Mr. Speaker, ers. We need to make a commitment under the Constitution, was given the I rise tonight on behalf of the 635,000 that we will put resources and that we authority to review the qualifications citizens in my congressional district, will give these resources a chance to of individuals that the chief executive which is one of the three poorest con- work in a part of our country that has would appoint for the judiciary. gressional districts in the United gone ignored. And so our Nation proceeded from States of America. As we focus on this This legislation, and I have cir- the basement home of the Supreme budget and all the pressing economic culated ‘‘Dear Colleague’’ letters to Court, which is still in this building needs in our country, we ought to re- many of the Members of the House, has today, back when it met just off the member that there is a class of Ameri- a chance of passage if we remember House Chamber for one day a year, to cans whose needs often go unaddressed two priorities: First of all, that this en- the august building and the awesome in this body and elsewhere. It is the tire country is anchored and weighted legacy of the U.S. Supreme Court millions of Americans who live in the down if the rural South continues to today. And yet, Mr. Speaker, some- Black Belt of the South, or the Delta lag; and second of all, that no country where along the way, about the time of Region of the South. can be strong when too many of the my youth, our Supreme Court seems, Just yesterday, I introduced legisla- people who live in its borders are weak. as it has done at different times in its tion that I hope will crystallize atten- No country can be strong when too history, the Dred Scott case comes to tion on this problem that has gone for many of the people who live in its bor- mind, the Supreme Court seems to

VerDate Jan 31 2003 04:13 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\CR\FM\K12FE7.054 H12PT1 H420 CONGRESSIONAL RECORD — HOUSE February 12, 2003 have gotten out of step with the Amer- TRIBUTE TO THE REVEREND DR. one in the congregation sings ‘‘Amaz- ican people, banning innocuous vol- HENRY DELANEY ing Grace’’ with more feeling. untary prayer in the schools in the The SPEAKER pro tempore. Under a ‘‘Reverend Delaney is educating 1960s; and, as a pro-life American, previous order of the House, the gen- inner-city kids in Savannah who other- striking down the laws against abor- tleman from Georgia (Mr. BURNS) is wise would not be in school, who would tions in all 50 States in 1973. recognized for 5 minutes. drop out and be rejected or be expelled. Ethel Delaney, meanwhile, opened the Many, and me included, Mr. Speaker, Mr. BURNS. Mr. Speaker, I rise Saint Paul’s Community Cultural Cen- believe that we have a judiciary that today to pay tribute to a great Amer- ter, or what she calls a Christian has begun to move left when America ican. The Reverend Dr. Henry Delaney charm school for girls. Since they don’t stayed as a center-right Nation in its is an African American pastor in Sa- accept Federal money, both schools in- philosophies. But we counted on the vannah, Georgia. While I have not still a heavy dose of discipline and reli- checks and balances, Mr. Speaker. We known the Reverend Delaney for long, what I have seen of him and his min- gion. counted on the ability, through elec- ‘‘Henry also runs a homeless shelter tions, to correct that imbalance for istry has been mightily impressive. But I ask that you not just take my word for young men who are recovering drug these lifetime-appointed jurists. When addicts and recent parolees from pris- 1980 came along, a center-right major- for it. Many other national leaders in our country have recognized Reverend on, helping them find jobs and keeping ity elected Ronald Reagan President of them clean from drugs. What is dif- the United States, and that President Delaney, including Senator LAMAR AL- EXANDER from the State of Tennessee. ferent is the evangelistic fervor Rev- nominated to the Court individuals erend Delaney brings to this task. who reflected that philosophy, that Mr. ALEXANDER recognized Mr. Delaney in a chapter of his book entitled ‘‘We Many of these fellas have gone through center-right majority philosophy in the 28-day detox programs, but within 4 America. Know What to Do.’’ I would like to read a short excerpt or 5 days, they are back at it. So every And that is when we all heard of from that chapter this evening. I have week, Monday, Wednesday and Friday, Judge Bork. Because that was at a taken a few editorial liberties for the he keeps them busy with evening wor- time, it seems to me, Mr. Speaker, and sake of clarity for this tribute. ship. On Tuesday, they have Bible we are seeing it lived out again at the Of Reverend Delaney Mr. ALEXANDER study. On Sunday they attend church other end of this building this very wrote: ‘‘If you roll back the Federal regularly. So far it has worked very night, when the Senate of the United Government, then who is going to do well. States as an institution departed from what needs to be done? Henry Delaney, ‘‘He calls his shelter the Hallelujah its historic role of evaluating the that’s who. He already has. He has re- House. This is how you have to conduct qualifications of appointees to the minded us how to confront the drug a war against drugs, using a series of Court to evaluating their thoughts, plague and shut down crack houses. He trenches. It starts in the family. If you evaluating their ideology. Before, did it with faith and commerce and fail there, you have to take them off throughout American history, the ide- mostly private funding. He has the streets, and you have to reassemble ology or the views of appointees to the achieved dramatic results without mil- them at the workplace. Court were decided in elections. The lions in Federal aid and without tram- ‘‘Of all the uphill battles he and his President’s values would no doubt be pling anyone’s rights. wife wage, Henry is most perplexed by reflected in his appointees to all parts ‘‘Henry moved to one of the poorest the Nation’s failure to focus consist- of the government. But beginning in sections of Savannah, Georgia, in 1989. ently on the drug issue. His is a voice the 1980s, with Judge Bork’s defeat as a It is fair to say that a lesser person from the inner city of Savannah that Supreme Court nominee, we saw a dif- would have been daunted by what Rev- we should be listening to. In the 1970s, ferent impact on the process, an activ- erend Delaney found in Savannah. He when national voices suggested that ist Senate joining with an activist moved into a house on 32nd Street that marijuana was cool and drugs were Court. had been boarded up and occupied by okay, kids used drugs. In the early This plays out again today in the crack addicts. He inherited a ram- 1980s, when national leadership and nomination of an extraordinary man, shackle church whose property was some of the media said it wasn’t okay, Miguel Estrada, President Bush’s about to be foreclosed on by the De- drug use began to decrease. nominee to the U.S. Court of Appeals partment of Housing and Urban Devel- b 1800 opment. His congregation consisted of for the District of Columbia, without a Simply put, it is virtually impossible doubt the second most powerful court 216 members, many of whom were afraid to attend church because of the for people like Henry and Ethel in the United States of America. This Delaney to succeed if the streets of Sa- young man, an immigrant born and drug dealers who overran the area. ‘‘Reverend Delaney quickly went to vannah are awash with cocaine and raised in Honduras, law degree, magna work to improve the situation. He crack. Keeping drugs out of the coun- cum laude from Harvard Law, is an sought loans so he could start buying try is a matter of Federal law enforce- American success story, no less than up the houses where the drug dealers ment and foreign policy. my own immigrant grandfather was, lived. He bought five of them on one Of course, those local efforts depend who came to these shores, worked side of the street and eight in the next on men like Henry Delaney. We need to hard, and lived the American Dream. block. He kicked out the drug dealers learn from Henry Delaney and use his Miguel Estrada is an extraordinary ex- and he started moving in pastors. example to inspire others to achieve ample of the American Dream. ‘‘His wife Ethel helped him repair the the same success in their communities. I rise today, Mr. Speaker, to, how- church and Members of the congrega- So while there is no shortage of ex- ever impolite, simply urge his con- tion pitched in to renovate the houses. perts on national drug policy, it is firmation in the Senate and his expedi- With every house they overhauled, probably time we started paying atten- tious review by our colleagues. they expanded their drug-free zone. tion to the real experts like Reverend The church activities expanded and Delaney. He now has 60 preachers affili- f membership leaped to 3,000 members. ated with his church, not all of them Delaney now has 16 ministers of the ordained, but his goal is to keep buying up the crack houses, moving in his ANNOUNCEMENT BY THE SPEAKER gospel, all of whom live within two ministers, and pushing out the drug PRO TEMPORE blocks of his church. ‘‘His converts includes some of the dealers a block at a time until they are The SPEAKER pro tempore. The very drug dealers that he evicted. One on the other side of the county line. Chair must remind Members that their was shot 16 times when he was caught Mr. Speaker, we need more Henry remarks in debate may not include in a crossfire from a drug deal gone bad Delaneys in this world. characterizations of the Senate or its at a car wash. He had a miraculous re- f actions or urge a course of action on covery and now he never misses a Sun- The SPEAKER pro tempore (Mr. the Senate. day morning service. They say that no PEARCE). Under a previous order of the

VerDate Jan 31 2003 04:13 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\CR\FM\K12FE7.057 H12PT1 February 12, 2003 CONGRESSIONAL RECORD — HOUSE H421 House, the gentleman from Nebraska enroll in the VA health care system. a part of the rules of the Committee to the (Mr. OSBORNE) is recognized for 5 min- Sorry, veteran, you paid the price, you extent applicable. utes. have served the country, you have been (b) PUBLICATION OF RULES.—The Commit- tee’s rules shall be published in the Congres- (Mr. OSBORNE addressed the House. honorably discharged, but we do not sional Record not later than 30 days after the His remarks will appear hereafter in want to have anything to do with you Committee is elected in each odd-numbered the Extensions of Remarks.) because you make too much money. year. f You make $26,000–$27,000 a year. (c) VICE CHAIRMAN.—The Chairman shall It gets worse. In the President’s most appoint a vice chairman of the Committee VETERANS ISSUES recent budget, they are proposing that and of each subcommittee. If the Chairman The SPEAKER pro tempore. Under a of the Committee or subcommittee is not veterans who make as little as $24,000 a present at any meeting of the Committee or previous order of the House, the gen- year, and they are referring to them as subcommittee, as the case may be, the vice tleman from Ohio (Mr. STRICKLAND) is high-income veterans, would be re- chairman shall preside. If the vice chairman recognized for 5 minutes. quired to pay a $250 annual enrollment is not present, the ranking member of the Mr. STRICKLAND. Mr. Speaker, I fee just to participate in the VA health majority party on the Committee or sub- rise this evening to talk about the care system. committee who is present shall preside at shocking and shabby treatment that Here is what they are doing. They are that meeting. this administration is directing toward saying, we are not going to tell vet- RULE II. REGULAR, ADDITIONAL, AND SPECIAL our Nation’s veterans. I would like to MEETINGS. erans what you are entitled to receive, (a) REGULAR MEETINGS.— share some of the reasons I would but if you happen to find out about our (1) IN GENERAL.—Regular meetings of the make such a statement. services, we are going to increase your Committee shall be held on the first Wednes- Approximately a year ago this ad- copay from $2 to $15 a prescription. day of every month to transact its business ministration decided they were going And then if you make $24,000 a year, unless such day is a holiday, or the House is to raise the copay on prescription which does not sound like a lot of in recess or is adjourned, in which case the Chairman shall determine the regular meet- drugs that veterans would have to pay money to me, not compared to those of from $2 to $7 a prescription. So if a vet- ing day of the Committee for that month. us who make about $150,000 a year, but (2) NOTICE.—The Chairman shall give each eran goes to a VA hospital today, they if you make $24,000 a year, we want to member of the Committee, as far in advance are likely to see this poster up on the force you to pay a $250-per-year enroll- of the day of the regular meeting as the cir- bulletin board, ‘‘Did you know the ment fee. And we want to increase the cumstances make practicable, a written no- medication copayment has changed cost of going to a VA outpatient clinic tice of such meeting and the matters to be from $2 to $7?’’ from $15 to $20. considered at such meeting. I thought that was outrageous, and I I think Members get the point. It is (3) CANCELLATION OR DEFERRAL.—If the introduced legislation in the last Con- Chairman believes that the Committee will as if this administration has declared not be considering any bill or resolution be- gress to reduce that copayment back to war on our Nation’s veterans. $2, but in the President’s most recent fore the full Committee and that there is no It is a shameful situation, and I urge other business to be transacted at a regular budget, he does not just want to charge this Congress to look at this veterans meeting, the meeting may be canceled or it veterans $7 a prescription, he wants to budget and to reevaluate what we are may be deferred until such time as, in the increase that to $15 per prescription. trying to do; and what we are sug- judgment of the Chairman, there may be Think about that. In less than 2 years, gesting needs to be done. matters which require the Committee’s con- the copayment will have gone from $2 sideration. f to $7 to $15 a prescription. (4) APPLICABILITY.—This paragraph shall Many of the veterans in Ohio get 10 PUBLICATION OF THE RULES OF not apply to meetings of any subcommittee. THE COMMITTEE ON TRANSPOR- (b) ADDITIONAL MEETINGS.—The Chairman or more prescriptions a month. If we may call and convene, as he or she considers multiply $15 times 10, that is $150 a TATION INFRASTRUCTURE 108TH necessary, additional meetings of the Com- month, and then veterans frequently CONGRESS mittee for the consideration of any bill or get 3 months supply at a time. That is The SPEAKER pro tempore. Under a resolution pending before the Committee or $150 times 3, for many veterans who are previous order of the House, the gen- for the conduct of other committee business. living on fixed income. It is shameful. The Committee shall meet for such purpose tleman from Alaska (Mr. YOUNG) is rec- pursuant to the call of the Chairman. It is shabby treatment. ognized for 5 minutes. (c) SPECIAL MEETINGS.—If at least three Now, what else have they tried to do Mr. YOUNG of Alaska. Mr. Speaker, in ac- members of the Committee desire that a spe- to veterans? Well, about a year ago cordance with clause 2(a) of Rule XI of the cial meeting of the Committee be called by they put out a memo from the VA Rules of the House, I am submitting for print- the Chairman, those members may file in the offices of the Committee their written re- headquarters saying that all of the ing in the RECORD a copy of the Rules of the quest to the Chairman for that special meet- health care providers were forbidden Committee on Transportation and Infrastruc- from marketing services that veterans ing. Such request shall specify the measure ture for the 108th Congress, adopted on Feb- or matter to be considered. Immediately are entitled to receive. In other words, ruary 12, 2003. upon the filing of the request, the clerk of the health care providers can no longer Rules of the Committee on Transportation the Committee shall notify the Chairman of participate in community health fairs. and Infrastructure the filing of the request. If, within 3 calendar days after the filing of the request, the They can no longer send out news- United States House of Representatives letters describing their services to vet- Chairman does not call the requested special 108th Congress erans. They can no longer go to an meeting to be held within 7 calendar days (Adopted February 12, 2003) after the filing of the request, a majority of American Legion post, for example, the members of the Committee may file in and sign up veterans for health care RULE I. GENERAL PROVISIONS. the offices of the Committee their written services. It is a gag order. (a) APPLICABILITY OF HOUSE RULES.— notice that a special meeting of the Com- I call it the ‘‘if they do not ask, we (1) IN GENERAL.—The Rules of the House mittee will be held, specifying the date and will not tell’’ policy. If the veteran are the rules of the Committee and its sub- hour thereof, and the measure or matter to does not ask what they are entitled to committees so far as applicable, except that be considered at that special meeting. The a motion to recess from day to day, and a receive, the VA will not tell them what Committee shall meet on that date and hour. motion to dispense with the first reading (in Immediately upon the filing of the notice, they are entitled to receive. Further- full) of a bill or resolution, if printed copies the clerk of the Committee shall notify all more, they will prohibit their health are available, are non-debatable privileged members of the Committee that such meet- care providers from simply giving out motions in the Committee and its sub- ing will be held and inform them of its date that information. committees. and hour and the measure or matter to be Then, a few weeks ago, the VA de- (2) SUBCOMMITTEES.—Each subcommittee is considered; and only the measure or matter cided to have a new category of vet- part of the Committee, and is subject to the specified in that notice may be considered at erans; priority 8, they called them. authority and direction of the Committee that special meeting. and its rules so far as applicable. (d) PROHIBITION ON SITTING DURING JOINT They said if you are a veteran and you (3) INCORPORATION OF HOUSE RULE ON COM- SESSION.—The Committee may not sit during are honorably discharged and you have MITTEE PROCEDURE.—Rule XI of the Rules of a joint session of the House and Senate or served this country, but you make the House, which pertains entirely to Com- during a recess when a joint meeting of the $26,000–$27,000 a year, you can no longer mittee procedure, is incorporated and made House and Senate is in progress.

VerDate Jan 31 2003 04:13 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\K12FE7.060 H12PT1 H422 CONGRESSIONAL RECORD — HOUSE February 12, 2003 RULE III. MEETINGS AND HEARINGS GENERALLY. essary or appropriate in the exercise of its with an estimated Federal cost not exceed- (a) OPEN MEETINGS.—Each meeting for the responsibilities under Rule X of the Rules of ing $15,000,000 (section 201 of the Flood Con- transaction of business, including the mark- the House and (subject to the adoption of ex- trol Act of 1965). up of legislation, and each hearing of the pense resolutions as required by Rule X, (4) Deletion of water quality storage in a Committee or a subcommittee shall be open clause 6 of the Rules of the House) to incur Federal reservoir project where the benefits to the public, except as provided by clause expenses (including travel expenses) in con- attributable to water quality are 15 percent 2(g) of Rule XI of the Rules of the House. nection therewith. or more but not greater than 25 percent of (b) MEETINGS TO BEGIN PROMPTLY.—Each (2) MAJOR INVESTIGATIONS BY SUBCOMMIT- the total project benefits (section 65 of the meeting or hearing of the Committee shall TEES.—A subcommittee may not begin a Water Resources Development Act of 1974). begin promptly at the time so stipulated in major investigation without approval of a (5) Authorization of a Natural Resources the public announcement of the meeting or majority of such subcommittee. Conservation Service watershed project in- hearing. (c) OATHS.—The Chairman of the Com- volving any single structure of more than (c) ADDRESSING THE COMMITTEE.—A Com- mittee, or any member designated by the 4,000 acre feet of total capacity (section 2 of mittee member may address the Committee Chairman, may administer oaths to any wit- P.L. 566, 83rd Congress). or a subcommittee on any bill, motion, or ness. (d) QUORUM FOR TAKING TESTIMONY.—Two other matter under consideration— (d) ISSUANCE OF SUBPOENAS.— members of the Committee or subcommittee (1) only when recognized by the Chairman (1) IN GENERAL.—A subpoena may be issued shall constitute a quorum for the purpose of for that purpose; and by the Committee or subcommittee under taking testimony and receiving evidence. paragraph (a)(2) in the conduct of any inves- (2) only for 5 minutes until such time as (e) RECORD VOTES.—A record vote may be tigation or activity or series of investiga- each member of the Committee or sub- demanded by one-fifth of the members tions or activities, only when authorized by committee who so desires has had an oppor- present. a majority of the members voting, a major- tunity to address the Committee or sub- (f) POSTPONEMENT OF VOTES.— ity being present. Such authorized subpoenas committee. (1) IN GENERAL.—In accordance with clause shall be signed by the Chairman of the Com- 2(h)(4) of Rule XI of the Rules of the House, A member shall be limited in his or her re- mittee or by any member designated by the the Chairman of the Committee or a sub- marks to the subject matter under consider- Committee. If a specific request for a sub- committee, after consultation with the rank- ation. The Chairman shall enforce this sub- poena has not been previously rejected by ei- ing minority member of the Committee or paragraph. ther the Committee or subcommittee, the subcommittee, may— (d) PARTICIPATION OF MEMBERS IN SUB- Chairman of the Committee, after consulta- (A) postpone further proceedings when a COMMITTEE MEETINGS AND HEARINGS.—All tion with the ranking minority member of record vote is ordered on the question of ap- members of the Committee who are not the Committee, may authorize and issue a proving a measure or matter or on adopting members of a particular Subcommittee may, subpoena under paragraph (a)(2) in the con- an amendment; and by unanimous consent of the members of duct of any investigation or activity or se- (B) resume proceedings on a postponed such Subcommittee, participate in any sub- ries of investigations or activities, and such question at any time after reasonable notice. committee meeting or hearing. However, a subpoena shall for all purposes be deemed a (2) RESUMPTION OF PROCEEDINGS.—When member who is not a member of the Sub- subpoena issued by the Committee. As soon proceedings resume on a postponed question, committee may not vote on any matter be- as practicable after a subpoena is issued notwithstanding any intervening order for fore the Subcommittee, be counted for pur- under this rule, the Chairman shall notify all the previous question, an underlying propo- poses of establishing a quorum, or raise members of the Committee of such action. sition shall remain subject to further debate points of order. (2) ENFORCEMENT.—Compliance with any or amendment to the same extent as when (e) BROADCASTING.—Whenever a meeting subpoena issued by the Committee or sub- the question was postponed. for the transaction of business, including the committee under paragraph (a)(2) may be en- RULE VI. HEARING PROCEDURES. markup of legislation, or a hearing is open to forced only as authorized or directed by the (a) ANNOUNCEMENT OF HEARING.—The the public, that meeting or hearing shall be House. Chairman, in the case of a hearing to be con- XPENSES OF SUBPOENAED WITNESSES.— open to coverage by television, radio, and (e) E ducted by the Committee, and the appro- Each witness who has been subpoenaed, upon still photography in accordance with clause 4 priate subcommittee chairman, in the case the completion of his or her testimony be- of Rule XI of the Rules of the House. Oper- of a hearing to be conducted by a sub- fore the Committee or any subcommittee, ation and use of any Committee internet committee, shall make public announcement may report to the offices of the Committee, broadcast system shall be fair and non- of the date, place, and subject matter of such and there sign appropriate vouchers for trav- partisan and in accordance with clause 4(b) hearing at least one week before the hearing. el allowances and attendance fees. If hear- of Rule XI of the Rules of the House and all If the Chairman or the appropriate sub- ings are held in cities other than Wash- other applicable rules of the Committee and committee chairman, as the case may be, ington, D.C., the witness may contact the the House. with the concurrence of the ranking minor- (f) ACCESS TO THE DAIS AND LOUNGES.—Ac- counsel of the Committee, or his or her rep- resentative, before leaving the hearing room. ity member of the Committee or sub- cess to the hearing rooms’ daises and to the committee as appropriate, determines there RULE V. QUORUMS AND RECORD VOTES; POST- lounges adjacent to the Committee hearing is good cause to begin the hearing sooner, or rooms shall be limited to Members of Con- PONEMENT OF VOTES (a) WORKING QUORUM.—One-third of the if the Committee or subcommittee so deter- gress and employees of Congress during a mines by majority vote, a quorum being meeting or hearing of the Committee unless members of the Committee or a sub- committee shall constitute a quorum for present for the transaction of business, the specifically permitted by the Chairman or Chairman shall make the announcement at ranking minority member. taking any action other than the closing of a meeting pursuant to clauses 2(g) and 2(k)(5) the earliest possible date. The clerk of the (g) USE OF CELLULAR TELEPHONES.—The of Rule XI of the Rules of the House, the au- Committee shall promptly notify the Daily use of cellular telephones in the Committee thorizing of a subpoena pursuant to para- Digest Clerk of the Congressional Record as hearing room is prohibited during a meeting graph (d) of Committee Rule IV, the report- soon as possible after such public announce- or hearing of the Committee. ing of a measure or recommendation pursu- ment is made. RULE IV. POWER TO SIT AND ACT; POWER TO ant to paragraph (b)(1) of Committee Rule (b) WRITTEN STATEMENT; ORAL TESTI- CONDUCT INVESTIGATIONS; OATHS; VII, and the actions described in paragraphs MONY.—So far as practicable, each witness SUBPOENA POWER. (b), (c) and (d) of this rule. who is to appear before the Committee or a (a) AUTHORITY TO SIT AND ACT.—For the (b) QUORUM FOR REPORTING.—A majority of subcommittee shall file with the clerk of the purpose of carrying out any of its functions the members of the Committee or a sub- Committee or subcommittee, at least 2 and duties under Rules X and XI of the Rules committee shall constitute a quorum for the working days before the day of his or her ap- of the House, the Committee and each of its reporting of a measure or recommendation. pearance, a written statement of proposed subcommittees, is authorized (subject to (c) APPROVAL OF CERTAIN MATTERS.—A ma- testimony and shall limit his or her oral paragraph (d)(1))— jority of the members of the Committee or a presentation to a summary of the written (1) to sit and act at such times and places subcommittee shall constitute a quorum for statement. within the United States whether the House approval of a resolution concerning any of (c) MINORITY WITNESSES.—When any hear- is in session, has recessed, or has adjourned the following actions: ing is conducted by the Committee or any and to hold such hearings; and (1) A prospectus for construction, alter- subcommittee upon any measure or matter, (2) to require, by subpoena or otherwise, ation, purchase or acquisition of a public the minority party members on the Com- the attendance and testimony of such wit- building or the lease of space as required by mittee or subcommittee shall be entitled, nesses and the production of such books, section 3307 of title 40, United States Code. upon request to the Chairman by a majority records, correspondence, memorandums, pa- (2) Survey investigation of a proposed of those minority members before the com- pers, and documents, as it deems necessary. project for navigation, flood control, and pletion of such hearing, to call witnesses se- (b) AUTHORITY TO CONDUCT INVESTIGA- other purposes by the Corps of Engineers lected by the minority to testify with re- TIONS.— (section 4 of the Rivers and Harbors Act of spect to that measure or matter during at (1) IN GENERAL.—The Committee is author- March 4, 1913, 33 U.S.C. 542). least one day of hearing thereon. ized at any time to conduct such investiga- (3) Construction of a water resources devel- (d) SUMMARY OF SUBJECT MATTER.—Upon tions and studies as it may consider nec- opment project by the Corps of Engineers announcement of a hearing, to the extent

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In addi- filed with the clerk of the Committee a writ- such report: ‘‘This report has not been offi- tion, upon announcement of a hearing and ten request, signed by a majority of the cially adopted by the Committee on (or per- subsequently as they are received, the Chair- members of the Committee, for the reporting tinent subcommittee thereof) and may not man shall make available to the members of of that measure or matter. Upon the filing of therefore necessarily reflect the views of its the Committee any official reports from de- any such request, the clerk of the Committee members.’’. partments and agencies on such matter. shall transmit immediately to the Chairman RULE VIII. ESTABLISHMENT OF SUBCOMMIT- (e) QUESTIONING OF WITNESSES.—The ques- of the Committee notice of the filing of that TEES; SIZE AND PARTY RATIOS. tioning of witnesses in Committee and sub- request. (a) ESTABLISHMENT.—There shall be 6 committee hearings shall be initiated by the (b) QUORUM; RECORD VOTES.— standing subcommittees. These subcommit- Chairman, followed by the ranking minority (1) QUORUM.—No measure, matter, or rec- tees, with the following sizes (including dele- member and all other members alternating ommendation shall be reported from the gates) and majority/minority ratios, are: between the majority and minority parties. Committee unless a majority of the Com- (1) Subcommittee on Aviation (48 Mem- In recognizing members to question wit- mittee was actually present. bers: 26 Majority and 22 Minority). nesses in this fashion, the Chairman shall (2) RECORD VOTES.—With respect to each (2) Subcommittee on Coast Guard and Mar- take into consideration the ratio of the ma- record vote on a motion to report any meas- itime Transportation (15 Members: 8 Major- jority to minority members present and ure or matter of a public character, and on ity and 7 Minority). shall establish the order of recognition for any amendment offered to the measure or (3) Subcommittee on Economic Develop- questioning in such a manner as not to dis- matter, the total number of votes cast for ment, Public Buildings, and Emergency advantage the members of the majority nor and against, and the names of those mem- Management (11 Members: 6 Majority and 5 the members of the minority. The Chairman bers voting for and against, shall be included Minority). may accomplish this by recognizing two ma- in the Committee report on the measure or (4) Subcommittee on Highways, Transit, jority members for each minority member matter. and Pipelines (57 Members: 31 Majority and recognized. (c) REQUIRED MATTERS.—The report of the 26 Minority). (f) PROCEDURES FOR QUESTIONS.— Committee on a measure or matter which (5) Subcommittee on Railroads (28 Mem- (1) IN GENERAL.—A Committee member has been approved by the Committee shall bers: 15 Majority and 13 Minority). may question a witness at a hearing— include the items required to be included by (6) Subcommittee on Water Resources and (A) only when recognized by the Chairman clauses 2(c) and 3 of Rule XIII of the Rules of Environment (36 Members: 20 Majority and for that purpose; and the House. 16 Minority). (B) subject to subparagraphs (2) and (3), (d) ADDITIONAL VIEWS.—If, at the time of (b) EX OFFICIO MEMBERS.—The Chairman only for 5 minutes until such time as each approval of any measure or matter by the and ranking minority member of the Com- member of the Committee or subcommittee Committee, any member of the Committee mittee shall serve as ex officio voting mem- who so desires has had an opportunity to gives notice of intention to file supple- bers on each subcommittee. question the witness. mental, minority, or additional views, that (c) RATIOS.—On each subcommittee there member shall be entitled to not less than shall be a ratio of majority party members A member shall be limited in his or her re- two additional calendar days after the day of to minority party members which shall be no marks to the subject matter under consider- such notice (excluding Saturdays, Sundays, less favorable to the majority party than the ation. The Chairman shall enforce this para- and legal holidays) in which to file such ratio for the full Committee. In calculating graph. views in accordance with clause 2(1) of Rule the ratio of majority party members to mi- (2) EXTENDED QUESTIONING OF WITNESSES BY XI of the Rules of the House. nority party members, there shall be in- MEMBERS.—The Chairman of the Committee (e) ACTIVITIES REPORT.— cluded the ex officio members of the sub- or a subcommittee, with the concurrence of (1) IN GENERAL.—The Committee shall sub- committees. the ranking minority member, or the Com- mit to the House, not later than January 2 of RULE IX. POWERS AND DUTIES OF SUBCOMMIT- mittee or subcommittee by motion, may per- each odd-numbered year, a report on the ac- TEES. mit a specified number of its members to tivities of the Committee under Rules X and (a) AUTHORITY TO SIT.—Each subcommittee question a witness for longer than 5 minutes. XI of the Rules of the House during the Con- is authorized to meet, hold hearings, receive The time for extended questioning of a wit- gress ending on January 3 of such year. evidence, and report to the full Committee ness under this subdivision shall be equal for (2) CONTENTS.—Such report shall include on all matters referred to it or under its ju- the majority party and minority party and separate sections summarizing the legisla- risdiction. Subcommittee chairmen shall set may not exceed one hour in the aggregate. tive and oversight activities of the Com- dates for hearings and meetings of their re- (3) EXTENDED QUESTIONING OF WITNESSES BY mittee during that Congress. spective subcommittees after consultation STAFF.—The Chairman of the Committee or a (3) OVERSIGHT SECTION.—The oversight sec- with the Chairman and other subcommittee subcommittee, with the concurrence of the tion of such report shall include a summary chairmen with a view toward avoiding simul- ranking minority member, or the Committee of the oversight plans submitted by the Com- taneous scheduling of full Committee and or subcommittee by motion, may permit mittee pursuant to clause 2(d) of Rule X of subcommittee meetings or hearings when- committee staff for its majority and minor- the Rules of the House, a summary of the ac- ever possible. ity party members to question a witness for tions taken and recommendations made with (b) CONSIDERATION BY COMMITTEE.—Each equal specified periods. The time for ex- respect to each such plan, and a summary of bill, resolution, or other matter favorably re- tended questioning of a witness under this any additional oversight activities under- ported by a subcommittee shall automati- subdivision shall be equal for the majority taken by the Committee, and any rec- cally be placed upon the agenda of the Com- party and minority party and may not ex- ommendations made or actions taken there- mittee. Any such matter reported by a sub- ceed one hour in the aggregate. on. committee shall not be considered by the (4) RIGHT TO QUESTION WITNESSES FOL- (f) OTHER COMMITTEE MATERIALS.— Committee unless it has been delivered to LOWING EXTENDED QUESTIONING.—Nothing in (1) IN GENERAL.—All Committee and sub- the offices of all members of the Committee subparagraph (2) or (3) affects the right of a committee prints, reports, documents, or at least 48 hours before the meeting, unless Member (other than a Member designated other materials, not otherwise provided for the Chairman determines that the matter is under subparagraph (2)) to question a wit- under this rule, that purport to express pub- of such urgency that it should be given early ness for 5 minutes in accordance with sub- licly the views of the Committee or any of consideration. Where practicable, such mat- paragraph (1)(B) after the questioning per- its subcommittees or members of the Com- ters shall be accompanied by a comparison mitted under subparagraph (2) or (3). mittee or its subcommittees shall be ap- with present law and a section-by-section (g) ADDITIONAL HEARING PROCEDURES.— proved by the Committee or the sub- analysis. Clause 2(k) of Rule XI of the Rules of the committee prior to printing and distribution RULE X. REFERRAL OF LEGISLATION TO SUB- House (relating to additional rules for hear- and any member shall be given an oppor- COMMITTEES. ings) applies to hearings of the Committee tunity to have views included as part of such (a) GENERAL REQUIREMENT.—Except where and its subcommittees. material prior to printing, release, and dis- the Chairman of the Committee determines, RULE VII. PROCEDURES FOR REPORTING BILLS, tribution in accordance with paragraph (d) of in consultation with the majority members RESOLUTIONS, AND REPORTS. this rule. of the Committee, that consideration is to be (a) FILING OF REPORTS.— (2) DOCUMENTS CONTAINING VIEWS OTHER by the full Committee, each bill, resolution, (1) IN GENERAL.—The Chairman of the Com- THAN MEMBER VIEWS.—A Committee or sub- investigation, or other matter which relates mittee shall report promptly to the House committee document containing views other to a subject listed under the jurisdiction of any measure or matter approved by the Com- than those of members of the Committee or any subcommittee established in Committee mittee and take necessary steps to bring the subcommittee shall not be published without Rule VIII referred to or initiated by the full measure or matter to a vote. approval of the Committee or subcommittee. Committee shall be referred by the Chair- (2) REQUESTS FOR REPORTING.—The report (3) DISCLAIMER.—All Committee or sub- man to all subcommittees of appropriate ju- of the Committee on a measure or matter committee reports printed pursuant to legis- risdiction within two weeks. All bills shall

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be referred to the subcommittee of proper ju- shall cooperatively review and study on a (c) PROPERTY OF THE HOUSE.—All Com- risdiction without regard to whether the au- continuing basis the impact or probable im- mittee hearings, records, data, charts, and is or is not a member of the sub- pact of tax policies affecting subjects within files shall be kept separate and distinct from committee. the jurisdiction of the Committee. the congressional office records of the mem- (b) RECALL FROM SUBCOMMITTEE.—A bill, RULE XIII. REVIEW OF CONTINUING PROGRAMS; ber serving as Chairman of the Committee; resolution, or other matter referred to a sub- BUDGET ACT PROVISIONS. and such records shall be the property of the committee in accordance with this rule may (a) ENSURING ANNUAL APPROPRIATIONS.— House and all members of the House shall be recalled therefrom at any time by a vote The Committee shall, in its consideration of have access thereto. of a majority of the members of the Com- all bills and joint resolutions of a public (d) AVAILABILITY OF ARCHIVED RECORDS.— mittee voting, a quorum being present, for character within its jurisdiction, ensure that The records of the Committee at the Na- the Committee’s direct consideration or for appropriations for continuing programs and tional Archives and Records Administration reference to another subcommittee. activities of the Federal Government and the shall be made available for public use in ac- (c) MULTIPLE REFERRALS.—In carrying out District of Columbia government will be cordance with Rule VII of the Rules of the this rule with respect to any matter, the made annually to the maximum extent fea- House. The Chairman shall notify the rank- Chairman may refer the matter simulta- sible and consistent with the nature, require- ing minority member of the Committee of neously to two or more subcommittees for ments, and objectives of the programs and any decision, pursuant to clause 3(b)(3) or concurrent consideration or for consider- activities involved. clause 4(b) of such rule, to withhold a record ation in sequence (subject to appropriate (b) REVIEW OF MULTI-YEAR APPROPRIA- otherwise available, and the matter shall be time limitations in the case of any sub- TIONS.—The Committee shall review, from presented to the Committee for a determina- committee after the first), or divide the mat- time to time, each continuing program with- tion on written request of any member of the ter into two or more parts (reflecting dif- in its jurisdiction for which appropriations Committee. ferent subjects and jurisdictions) and refer are not made annually in order to ascertain (e) AUTHORITY TO PRINT.—The Committee each such part to a different subcommittee, whether such program could be modified so is authorized to have printed and bound tes- or make such other provisions as he or she that appropriations therefore would be made timony and other data presented at hearings considers appropriate. annually. held by the Committee. All costs of steno- RULE XI. RECOMMENDATION OF CONFEREES. graphic services and transcripts in connec- (c) VIEWS AND ESTIMATES.—The Committee The Chairman of the Committee shall rec- shall, on or before February 25 of each year, tion with any meeting or hearing of the ommend to the Speaker as conferees the submit to the Committee on the Budget— Committee shall be paid as provided in names of those members (1) of the majority (1) its views and estimates with respect to clause 1(c) of Rule XI of the House. party selected by the Chairman, and (2) of all matters to be set forth in the concurrent RULE XV. COMMITTEE BUDGETS. the minority party selected by the ranking resolution on the budget for the ensuing fis- (a) BIENNIAL BUDGET.—The Chairman, in minority member of the Committee. Rec- cal year which are within its jurisdiction or consultation with the chairman of each sub- ommendations of conferees to the Speaker functions; and committee, the majority members of the shall provide a ratio of majority party mem- (2) an estimate of the total amount of new Committee, and the minority members of bers to minority party members which shall budget authority, and budget outlays result- the Committee, shall, for each Congress, pre- be no less favorable to the majority party ing therefrom, to be provided or authorized pare a consolidated Committee budget. Such than the ratio for the Committee. in all bills and resolutions within its juris- budget shall include necessary amounts for RULE XII. OVERSIGHT. diction which it intends to be effective dur- staff personnel, necessary travel, investiga- (a) PURPOSE.—The Committee shall carry ing that fiscal year. tion, and other expenses of the Committee. out oversight responsibilities as provided in (b) ADDITIONAL EXPENSES.—Authorization (d) BUDGET ALLOCATIONS.—As soon as prac- this rule in order to assist the House in— for the payment of additional or unforeseen ticable after a concurrent resolution on the (1) its analysis, appraisal, and evaluation Committee expenses may be procured by one budget for any fiscal year is agreed to, the of— or more additional expense resolutions proc- Committee (after consulting with the appro- (A) the application, administration, execu- essed in the same manner as set out herein. priate committee or committees of the Sen- tion, and effectiveness of the laws enacted by (c) TRAVEL REQUESTS.—The Chairman or ate) shall subdivide any allocations made to the Congress; or any chairman of a subcommittee may ini- it in the joint explanatory statement accom- (B) conditions and circumstances which tiate necessary travel requests as provided in panying the conference report on such reso- may indicate the necessity or desirability of Committee Rule XVII within the limits of lution, and promptly report such subdivi- enacting new or additional legislation; and the consolidated budget as approved by the sions to the House, in the manner provided (2) its formulation, consideration, and en- House and the Chairman may execute nec- by section 302 of the Congressional Budget actment of such modifications or changes in essary vouchers thereof. Act of 1974. those laws, and of such additional legisla- (d) MONTHLY REPORTS.—Once monthly, the (e) RECONCILIATION.—Whenever the Com- tion, as may be necessary or appropriate. Chairman shall submit to the Committee on mittee is directed in a concurrent resolution (b) OVERSIGHT PLAN.—Not later than Feb- House Administration, in writing, a full and ruary 15 of the first session of each Congress, on the budget to determine and recommend detailed accounting of all expenditures made the Committee shall adopt its oversight changes in laws, bills, or resolutions under during the period since the last such ac- plans for that Congress in accordance with the reconciliation process, it shall promptly counting from the amount budgeted to the clause 2(d)(1) of Rule X of the Rules of the make such determination and recommenda- Committee. Such report shall show the House. tions, and report a reconciliation bill or res- amount and purpose of such expenditure and (c) REVIEW OF LAWS AND PROGRAMS.—The olution (or both) to the House or submit such the budget to which such expenditure is at- Committee and the appropriate subcommit- recommendations to the Committee on the tributed. A copy of such monthly report tees shall cooperatively review and study, on Budget, in accordance with the Congres- shall be available in the Committee office for a continuing basis, the application, adminis- sional Budget Act of 1974. review by members of the Committee. tration, execution, and effectiveness of those RULE XIV. RECORDS. RULE XVI. COMMITTEE STAFF. laws, or parts of laws, the subject matter of (a) KEEPING OF RECORDS.—The Committee (a) APPOINTMENT BY CHAIRMAN.—The Chair- which is within the jurisdiction of the Com- shall keep a complete record of all Com- man shall appoint and determine the remu- mittee, and the organization and operation mittee action which shall include— neration of, and may remove, the employees of the Federal agencies and entities having (1) in the case of any meeting or hearing of the Committee not assigned to the minor- responsibilities in or for the administration transcripts, a substantially verbatim ac- ity. The staff of the Committee not assigned and execution thereof, in order to determine count of remarks actually made during the to the minority shall be under the general whether such laws and the programs there- proceedings, subject only to technical, gram- supervision and direction of the Chairman, under are being implemented and carried out matical, and typographical corrections au- who shall establish and assign the duties and in accordance with the intent of the Con- thorized by the person making the remarks responsibilities of such staff members and gress and whether such programs should be involved; and delegate such authority as he or she deter- continued, curtailed, or eliminated. In addi- (2) a record of the votes on any question on mines appropriate. tion, the Committee and the appropriate which a record vote is demanded. (b) APPOINTMENT BY RANKING MINORITY subcommittees shall cooperatively review (b) PUBLIC INSPECTION.—The result of each MEMBER.—The ranking minority member of and study any conditions or circumstances such record vote shall be made available by the Committee shall appoint and determine which may indicate the necessity or desir- the Committee for inspection by the public the remuneration of, and may remove, the ability of enacting new or additional legisla- at reasonable times in the offices of the staff assigned to the minority within the tion within the jurisdiction of the Com- Committee. Information so available for budget approved for such purposes. The staff mittee (whether or not any bill or resolution public inspection shall include a description assigned to the minority shall be under the has been introduced with respect thereto), of the amendment, motion, order, or other general supervision and direction of the and shall on a continuing basis undertake fu- proposition and the name of each member ranking minority member of the Committee ture research and forecasting on matters voting for and each member voting against who may delegate such authority as he or within the jurisdiction of the Committee. such amendment, motion, order, or propo- she determines appropriate. (d) REVIEW OF TAX POLICIES.—The Com- sition, and the names of those members (c) INTENTION REGARDING STAFF.—It is in- mittee and the appropriate subcommittees present but not voting. tended that the skills and experience of all

VerDate Jan 31 2003 04:13 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\CR\FM\A12FE7.030 H12PT1 February 12, 2003 CONGRESSIONAL RECORD — HOUSE H425 members of the Committee staff shall be (3) REPORTS BY STAFF MEMBERS.—At the electorate during his term of service. available to all members of the Committee. conclusion of any hearing, investigation, With his third election comes proof RULE XVII. TRAVEL OF MEMBERS AND STAFF. study, meeting, or conference for which trav- that he has served his constituents to (a) APPROVAL.—Consistent with the pri- el has been authorized pursuant to this rule, their satisfaction. mary expense resolution and such additional each staff member involved in such travel shall submit a written report to the Chair- This is the satisfaction of Lincoln expense resolutions as may have been ap- County reflected in its overwhelming proved, the provisions of this rule shall gov- man covering the activities and other perti- ern travel of Committee members and staff. nent observations or information gained as a choice of Sheriff O’Brien as the public Travel to be reimbursed from funds set aside result of such travel. face of law enforcement in their com- for the Committee for any member or any (d) APPLICABILITY OF LAWS, RULES, POLI- munity. The confidence of Lincoln staff member shall be paid only upon the CIES.—Members and staff of the Committee County’s voting public in Sheriff prior authorization of the Chairman. Travel performing authorized travel on official busi- O’Brien attests to the success of his ef- shall be authorized by the Chairman for any ness shall be governed by applicable laws, forts and his responsiveness to the peo- resolutions, or regulations of the House and member and any staff member in connection ple he serves. with the attendance of hearings conducted of the Committee on House Administration pertaining to such travel, and by the travel I would like to tell a little story by the Committee or any subcommittee and about John O’Brien. Every time, at the meetings, conferences, and investigations policy of the Committee. which involve activities or subject matter f coast, at Lincoln County, John is al- ways at my meetings. And I keep ask- under the general jurisdiction of the Com- RECOGNIZING SHERIFF O’BRIEN’S mittee. Before such authorization is given ing him, ‘‘John, you are always here.’’ there shall be submitted to the Chairman in 30 YEARS OF SERVICE He says, ‘‘I just want you to know that writing the following: The SPEAKER pro tempore. Under a we are here, what our needs are, and I (1) The purpose of the travel. previous order of the House, the gentle- want you to understand about our com- (2) The dates during which the travel is to woman from Oregon (Ms. HOOLEY) is munity.’’ be made and the date or dates of the event recognized for 5 minutes. To this day, John O’Brien remains an for which the travel is being made. Ms. HOOLEY of Oregon. Mr. Speaker, (3) The location of the event for which the active protector of Lincoln County’s travel is to be made. I stand today to recognize someone in public safety. He has risen to meet the (4) The names of members and staff seek- my district, John O’Brien, who is the challenges of an increasingly difficult ing authorization. sheriff of Lincoln County. It is in honor job. Changing times have altered the (b) SUBCOMMITTEE TRAVEL.—In the case of of his 30 years of law enforcement in issues with which Sheriff O’Brien is travel of members and staff of a sub- Lincoln County. I extend a sincere faced, but he has shown the ability to committee to hearings, meetings, con- thank-you to Sheriff O’Brien on my adapt and battle new problems with ferences, and investigations involving activi- own behalf and on behalf of all of the modern solutions. ties or subject matter under the legislative citizens of Lincoln County. assignment of such subcommittee, prior au- Lincoln County has in recent years thorization must be obtained from the sub- Our laws are of little utility if no one encountered an increase in the manu- committee chairman and the Chairman. makes sure they are followed. Seldom facture and sale of methamphetamines. Such prior authorization shall be given by do we take the time to recognize the Sheriff O’Brien has turned this growing the Chairman only upon the representation routine achievements that allow our problem into an opportunity to spear- by the chairman of such subcommittee in Nation to function as it should. Many head innovative new crime-reduction writing setting forth those items enumer- times it is only the pitfalls, the unfor- strategies. Through his work with the ated in subparagraphs (1), (2), (3), and (4) of tunate breakdowns in our system, that federally supported Lincoln Inter- paragraph (a) and that there has been a com- draw attention to law enforcement. pliance where applicable with Committee agency Narcotics Team, Sheriff Rule VI. Such fickle evaluation of our law en- O’Brien has encouraged the sharing of (c) TRAVEL OUTSIDE THE UNITED STATES.— forcement officers is manifestly unjust. resources and information between (1) IN GENERAL.—In the case of travel out- The fact is that the grand majority of county agencies with an interest in re- side the United States of members and staff our days are without incident. The rule ducing drug traffic. This work not only of the Committee or of a subcommittee for of law reigns. The people reject up- demonstrates Sheriff O’Brien’s desire the purpose of conducting hearings, inves- heaval. to get results, but also his complete tigations, studies, or attending meetings and These points demonstrate that the disregard for who receives credit for conferences involving activities or subject greatest victories of law enforcement those results. His willingness to work matter under the legislative assignment of are its contributions to regularity. We the Committee or pertinent subcommittee, with other agencies in facing down a prior authorization must be obtained from never recognize the people who give us dangerous trend is evidence of a coop- the Chairman, or, in the case of a sub- plain, old, ordinary days. Perhaps we erative spirit and a will to succeed that committee from the subcommittee chairman should. we honor here today. and the Chairman. Before such authorization Accordingly, it is with great pride Mr. Speaker, Sheriff O’Brien is wor- is given there shall be submitted to the that I congratulate Sheriff John thy of recognition today for more than Chairman, in writing, a request for such au- O’Brien. His bravery, dedication and simply putting in his time. While 30 thorization. Each request, which shall be service in building a safer and stronger years of service in the public interest is filed in a manner that allows for a reason- community have provided the people able period of time for review before such a feat in itself, Sheriff O’Brien’s true travel is scheduled to begin, shall include the with Lincoln County with thousands of contribution has been in its effect on following: wonderfully uneventful days. Lincoln County. Today we recognize (A) The purpose of the travel. Sheriff O’Brien’s career demonstrates that Lincoln County is a better place (B) The dates during which the travel will a commitment to public service to to live, to work and raise a family be- occur. which every officer of the law should cause of the devotion of Sheriff John (C) The names of the countries to be vis- aspire. John O’Brien began his career O’Brien. ited and the length of time to be spent in as a sheriff’s deputy on February 6, I thank John for his 30 years of serv- each. 1973. The people of Lincoln County (D) An agenda of anticipated activities for ice given in the pursuit of safety, jus- each country for which travel is authorized elected him to the office of Sheriff in tice and peace. together with a description of the purpose to 1994 and have subsequently seen fit to f be served and the areas of Committee juris- elect him to second and third terms. As diction involved. all of us are aware, voters are properly PUBLICATION OF THE RULES OF (E) The names of members and staff for cautious in selecting the people who THE COMMITTEE ON RESOURCES whom authorization is sought. represent them. 108TH CONGRESS (2) INITIATION OF REQUESTS.—Requests for An official’s first election often indi- The SPEAKER pro tempore. Under a travel outside the United States may be ini- cates a willingness in the people to previous order of the House, the gen- tiated by the Chairman or the chairman of a chance their own best interests on tleman from California (Mr. POMBO) is subcommittee (except that individuals may submit a request to the Chairman for the someone who has shown that he has recognized for 5 minutes. purpose of attending a conference or meet- the ability to succeed. That official’s Mr. POMBO. Mr. Speaker, I request that the ing) and shall be limited to members and second election is very often a barom- Committee Rules for the Committee on Re- permanent employees of the Committee. eter of the official’s contact with the sources be submitted for the RECORD.

VerDate Jan 31 2003 04:13 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00031 Fmt 7634 Sfmt 9920 E:\CR\FM\A12FE7.030 H12PT1 H426 CONGRESSIONAL RECORD — HOUSE February 12, 2003

RULES FOR THE COMMITTEE ON RESOURCES available for the Members of the Committee (j) Layover and Copy of Bill.—No measure RULE 1. RULES OF THE HOUSE: VICE CHAIRMEN no later than 48 hours before the meeting. or recommendation reported by a Sub- (b) Meeting and Hearings to Begin Prompt- committee shall be considered by the Com- (a) Applicability of House Rules. ly.—Each meeting or hearing of the Com- (1) The Rules of the House of Representa- mittee until two calendar days from the mittee shall begin promptly at the time stip- tives, so far as they are applicable, are the time of Subcommittee action. No bill shall ulated in the public announcement of the rules of the Committee and its Subcommit- be considered by the Committee unless a meeting or hearing. tees. copy has been delivered to the office of each (c) Addressing the Committee.—A Com- (2) Each Subcommittee is part of the Com- Member of the Committee requesting a copy. mittee Member may address the Committee mittee and is subject to the authority, direc- These requirements may be waived by a ma- or a Subcommittee on any bill, motion, or tion and rules of the Committee. References jority vote of the Committee at the time of other matter under consideration or may in these rules to ‘‘Committee’’ and ‘‘Chair- consideration of the measure or rec- question a witness at a hearing only when man’’ shall apply to each Subcommittee and ommendation. recognized by the Chairman for that purpose. its Chairman wherever applicable. (k) Access to Dais and Conference Room.— The time a Member may address the Com- (3) House Rule XI is incorporated and made Access to the hearing rooms’ daises and to mittee or Subcommittee for any purpose or a part of the rules of the Committee to the the conference rooms adjacent to the Com- to question a witness shall be limited to five extent applicable. mittee hearing rooms shall be limited to minutes, except as provided in Committee (b) Vice Chairmen.—Unless inconsistent Members of Congress and employees of Con- rule 4(g). A Member shall limit his remarks with other rules, the Chairman shall appoint gress during a meeting of the Committee. to the subject matter under consideration. a Vice Chairman of the Committee and the (i) Cellular Telephones.—The use of cel- The Chairman shall enforce the preceding Subcommittee Chairman will appoint Vice lular telephones is prohibited on the Com- provision. Chairmen of each of the Subcommittees. If mittee dais or in the Committee hearing (d) Quorums. rooms during a meeting of the Committee. the Chairman of the Committee or Sub- (1) A majority of the Members shall con- RULE 4. HEARING PROCEDURES. committee is not present at any meeting of stitute a quorum for the reporting of any the Committee or Subcommittee, as the case measure or recommendation, the authorizing (a) Announcement.—The Chairman shall may be, the Vice Chairman shall preside. If of a subpoena, the closing of any meeting or publicly announce the date, place, and sub- the Vice Chairman is not present, the rank- hearing to the public under clause 2(g)(1), ject matter of any hearing at least one week ing Member of the Majority party on the clause 2(g)(2)(A) and clause 2(k)(5)(B) of before the hearing unless the Chairman, with Committee or Subcommittee who is present House Rule XI, and the releasing of execu- the concurrence of the Ranking Minority shall preside at that meeting. tive session materials under clause 2(k)(7) of Member, determines that there is good cause RULE 2. MEETINGS IN GENERAL. House Rule X. Testimony and evidence may to begin the hearing sooner, or if the Com- mittee so determines by majority vote. In (a) Scheduled Meetings.—The Committee be received at any hearing at which there are these cases, the Chairman shall publicly an- shall meet at 10 a.m. every Wednesday when at least two Members of the Committee nounce the hearing at the earliest possible the House is in session, unless canceled by present. For the purpose of transacting all date. The Chief Clerk of the Committee shall the Chairman. The Committee shall also other business of the Committee, one third promptly notify the Daily Digest Clerk of meet at the call of the Chairman subject to of the Members shall constitute a quorum. the Congressional Record and shall promptly advance notice to all Members of the Com- (2) When a call of the roll is required to as- enter the appropriate information on the mittee. Special meetings shall be called and certain the presence of a quorum, the offices Committee’s web site as soon as possible convened by the Chairman as provided in of all Members shall be notified and the after the public announcement is made. clause 2(c)(1) of House Rule XI. Any Com- Members shall have not less than 15 minutes (b) Written Statement; Oral Testimony.— mittee meeting or hearing that conflicts to prove their attendance. The Chairman Each witness who is to appear before the with a party caucus, conference, or similar shall have the discretion to waive this re- Committee or a Subcommittee shall file party meeting shall be rescheduled at the quirement when a quorum is actually with the Chief Clerk of the Committee or discretion of the Chairman, in consultation present or whenever a quorum is secured and Subcommittee Clerk, at least two working with the Ranking Minority Member. The may direct the Chief Clerk to note the names days before the day of his or her appearance, Committee may not sit during a joint ses- of all Members present within the 15-minute a written statement of proposed testimony. sion of the House and Senate or during a re- period. Failure to comply with this requirement cess when a joint meeting of the House and (e) Participation of Members in Committee may result in the exclusion of the written Senate is in progress. and Subcommittees.—All Members of the testimony from the hearing record and/or (b) Open Meetings.—Each meeting for the Committee may sit with any Subcommittee the barring of an oral presentation of the transaction of business, including the mark- during any hearing, and by unanimous con- testimony. Each witness shall limit his or up of legislation, and each hearing of the sent of the Members of the Subcommittee her oral presentation to a five-minute sum- Committee or a Subcommittee shall be open may participate in any meeting or hearing. mary of the written statement, unless the to the public, except as provided by clause However, a Member who is not a Member of Chairman, in consultation with the Ranking 2(g) and clause 2(k) of House Rule XI. the Subcommittee may not vote on any mat- Minority Member, extends this time period. (c) Broadcasting.—Whenever a meeting for ter before the Subcommittee, be counted for In addition, all witnesses shall be required to the transaction of business, including the purposes of establishing a quorum or raise submit with their testimony a resume or markup of legislation, or a hearing is open to points of order. other statement describing their education, the public, that meeting or hearing shall be (f) Proxies.—No vote in the Committee or employment, professional affiliations and open to coverage by television, radio, and its Subcommittees may be cast by proxy. other background information pertinent to still photography in accordance with clause 4 (g) Record Votes.—Record votes shall be their testimony. of House Rule XI. The provisions of clause ordered on the demand of one-fifth of the (c) Minority Witnesses.—When any hearing 4(f) of House Rule XI are specifically made Members present, or by any Member in the is conducted by the Committee or any Sub- part of these rules by reference. Operation apparent absence of a quorum. committee upon any measure or matter, the and use of any Committee Internet broadcast (h) Postponed Record Votes. Minority party Members on the Committee system shall be fair and nonpartisan and in (1) Subject to paragraph (2), the Chairman or Subcommittee shall be entitled, upon re- accordance with clause 4(b) of House Rule XI may, after consultation with the Ranking quest to the Chairman by a majority of those and all other applicable rules of the Com- Minority Member, postpone further pro- Minority Members before the completion of mittee and the House. ceedings when a record vote is ordered on the the hearing, to call witnesses selected by the (d) Oversight Plan.—No later than Feb- question of approving any measure or matter Minority to testify with respect to that ruary 15 of the first session of each Congress, or adopting an amendment. The Chairman measure or matter during at least one day of the Committee shall adopt its oversight shall resume proceedings on a postponed re- hearings thereon. plans for that Congress in accordance with quest at any time after reasonable notice, (d) Information for Members.—After an- clause 2(d)(1) of House Rule X. but no later than the next meeting day. (2) Notwithstanding any intervening order nouncement of a hearing, the Committee RULE 3. PROCEDURES IN GENERAL. for the previous question, when proceedings shall make available as soon as practicable (a) Agenda of Meetings; Information for resume on a postponed question under para- to all Members of the Committee a tentative Members.—An agenda of the business to be graph (1), an underlying proposition shall re- witness list and to the extent practicable a considered at meetings shall be delivered to main subject to further debate or amend- memorandum explaining the subject matter the office of each Member of the Committee ment to the same extent as when the ques- of the hearing (including relevant legislative no later than 48 hours before the meeting. tion was postponed. reports and other necessary material). In ad- This requirement may be waived by a major- (3) This rule shall apply to Subcommittee dition, the Chairman shall make available to ity vote of the Committee at the time of the proceedings. the Members of the Committee any official consideration of the measure or matter. To (i) Motions.—A motion to recess from day reports from departments and agencies on the extent practicable, a summary of the to day and a motion to dispense with the the subject matter as they are received. major provisions of any bill being considered first reading (in full) of a bill or resolution, (e) Subpoenas.—The Committee or a Sub- by the Committee, including the need for the if printed copies are available, are nondebat- committee may authorize and issue a sub- bill and its effect on current law, will be able motions of high privilege. poena under clause 2(m) of House Rule XI if

VerDate Jan 31 2003 04:13 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\CR\FM\A12FE7.034 H12PT1 February 12, 2003 CONGRESSIONAL RECORD — HOUSE H427 authorized by a majority of the Members days on which the House of Representatives (8) Matters concerning the following agen- voting. In addition, the Chairman of the is not in session) after the day on which cies and programs: Urban Parks and Recre- Committee may authorize and issue sub- there has been filed with the Committee ation Recovery Program, Historic American poenas during any period of time in which Chief Clerk a written request, signed by a Buildings Survey, Historic American Engi- the House of Representatives has adjourned majority of the Members of the Committee, neering Record, and U.S. Holocaust Memo- for more than three days. Subpoenas shall be for the reporting of that measure. Upon the rial. signed only by the Chairman of the Com- filing with the Committee Chief Clerk of this (9) Public lands generally, including meas- mittee, or any Member of the Committee au- request, the Chief Clerk shall transmit im- ures or matters relating to entry, easements, thorized by the Committee, and may be mediately to the Chairman notice of the fil- withdrawals, grazing and Federal reserved served by any person designated by the ing of that request. water rights. (c) Supplemental, Additional or Minority Chairman or Member. (10) Forfeiture of land grants and alien (f) Oaths.—The Chairman of the Com- Views.—Any Member may, if notice is given at the time a bill or resolution is approved ownership, including alien ownership of min- mittee or any Member designated by the eral lands. Chairman may administer oaths to any wit- by the Committee, file supplemental, addi- ness before the Committee. All witnesses ap- tional, or minority views. These views must (11) Cooperative efforts to encourage, en- pearing in hearings may be administered the be in writing and signed by each Member hance and improve international programs following oath by the Chairman or his des- joining therein and be filed with the Com- for he protection of the environment and the ignee prior to receiving the testimony: ‘‘Do mittee Chief Clerk not less than two addi- conservation of natural resources otherwise you solemnly swear or affirm that the testi- tional calendar days (excluding Saturdays, within the jurisdiction of the Subcommittee. mony that you are about to give is the truth, Sundays and legal holidays except when the (12) General and continuing oversight and the whole truth, and nothing but the truth, House is in session on those days) of the time investigative authority over activities, poli- so help you God?’’. the bill or resolution is approved by the cies and programs within the jurisdiction of (g) Opening Statements; Questioning of Committee. This paragraph shall not pre- the Subcommittees. Witnesses. clude the filing of any supplemental report Subcommittee on Forests and Forest Health (1) Opening statements by Members may on any bill or resolution that may be re- not be presented orally, unless the Chairman quired for the correction of any technical (1) Forest reservations, including manage- or his designee makes a statement, in which error in a previous report made by the Com- ment thereof, created from the public do- case the Ranking Minority Member or his mittee on that bill or resolution. main. designee may also make a statement. If a (d) Review by Members.—Each Member of (2) Public forest lands generally, including witness scheduled to testify at any hearing the Committee shall be given an opportunity measures or matters related to entry, ease- of the Committee is a constituent of a Mem- to review each proposed Committee report ments, withdrawals and grazing. ber of the Committee, that Member shall be before it is filed with the Clerk of the House (3) Federal reserved water rights on forest entitled to introduce the witness at the hear- of Representatives. Nothing in this para- reserves. ing. graph extends the time allowed for filing (2) The questioning of witnesses in Com- supplemental, additional or minority views (4) Wild and Scenic Rivers System, Na- mittee and Subcommittee hearings shall be under paragraph (c). tional Trails System, national heritage areas initiated by the Chairman, followed by the (e) Disclaimer.—All Committee or Sub- and other national units established for pro- Ranking Minority Member and all other committee reports printed and not approved tection, conservation, preservation or rec- Members alternating between the Majority by a majority vote of the Committee or Sub- reational development administered by the and Minority parties. In recognizing Mem- committee, as appropriate, shall contain the Secretary of Agriculture. bers to question witnesses, the Chairman following disclaimer on the cover of the re- (5) Federal and non-Federal outdoor recre- shall take into consideration the ratio of the port: ation plans, programs and administration in Majority to Minority Members present and ‘‘This report has not been officially adopt- public forests. shall establish the order of recognition for ed by the {Committee on Resources} {Sub- (6) Cooperative efforts to encourage, en- questioning in a manner so as not to dis- committee} and may not therefore nec- hance and improve international programs advantage the Members of the Majority or essarily reflect the views of its Members.’’. for the protection of the environment and the Members of the Minority. A motion is in RULE 6. ESTABLISHMENT OF SUBCOMMITTEES; the conservation of natural resources other- order to allow designated Majority and Mi- FULL COMMITTEE JURISDICTION; BILL REFER- wise within the jurisdiction of the Sub- nority party Members to question a witness RALS. committee. for a specified period to be equally divided (a) Subcommittees.—There shall be five (7) General and continuing oversight and between the Majority and Minority parties. standing Subcommittees of the Committee, investigative authority over activities, poli- This period shall not exceed one hour in the with the following jurisdiction and respon- cies and programs within the jurisdiction of aggregate. sibilities: the Subcommittee. (h) Materials for Hearing Record.—Any Subcommittee on National Parks, Recreation materials submitted specifically for inclu- and Public Lands Subcommittee on Fisheries Conservation, Wild- sion in the hearing record must address the (1) Measures and matters related to the life and Oceans announced subject matter of the hearing and National Park System and its units, includ- (1) Fisheries management and fisheries re- be submitted to the relevant Subcommittee ing Federal reserve water rights. search generally, including the management Clerk or Chief Clerk no later than 10 busi- (2) The National Wilderness Preservation of all commercial and recreational fisheries, ness days following the last day of the hear- System, except for wilderness created from the Magnuson-Stevens Fishery Conservation ing. forest reserves from the public domain. and Management Act, interjurisdictional (i) Claims of Privilege.—Claims of com- (3) Wild and Scenic Rivers System, Na- fisheries, international fisheries agreements, mon-law privileges made by witnesses in tional Trails System, national heritable aquaculture, seafood safety and fisheries pro- hearings, or by interviewees or deponents in areas and other national units established motion. investigations or inquiries, are applicable for protection, conservation, preservation or recreational development administered by (2) Wildlife resources, including research, only at the discretion of the Chairman, sub- restoration, refuges and conservation. ject to appeal to the Committee. the Secretary of the Interior, other than (3) All matters pertaining to the protection RULE 5. FILING OF COMMITTEE REPORTS. coastal barriers. (4) Military parks and battlefields, na- of coastal and marine environments, includ- (a) Duty of Chairman.—Whenever the Com- tional cemeteries administered by the Sec- ing estuarine protection. mittee authorizes the favorable reporting of retary of the Interior, parks in and within (4) Coastal barriers. a measure from the Committee, the Chair- the vicinity of the District of Columbia and (5) Oceanography. man or his designee shall report the same to the erection of monuments to the memory of (6) Ocean engineering, including materials, the House of Representatives and shall take individuals. all steps necessary to secure its passage (5) Federal outdoor recreation plans, pro- technology and systems. without any additional authority needing to grams and administration including the (7) Coastal zone management. be set forth in the motion to report each in- Land and Water Conservation Fund, except (8) Marine sanctuaries. dividual measure. In appropriate cases, the those in public forests. (9) U.N. Convention on the Law of the Sea. authority set forth in this rule shall extend (6) Plans and programs concerning non- (10) Sea Grant programs and marine exten- to moving in accordance with the Rules of Federal outdoor recreation and land use, in- sion services. the House of Representatives that the House cluding related plans and programs author- be resolved into the Committee of the Whole ized by the Land and Water Conservation (11) Cooperative efforts to encourage, en- House on the State of the Union for the con- Fund Act of 1965 and the Outdoor Recreation hance and improve international programs sideration of the measure; and to moving in Act of 1963, except those in public forests. for the protection of the environmental and accordance with the Rules of the House of (7) Preservation of prehistoric and the conservation of natural resources other- Representatives for the disposition of a Sen- objects of interest on the public domain and wise within the jurisdiction of the Sub- ate measure that is substantially the same other historic preservation programs and ac- committee. as the House measure as reported. tivities, including national monuments, his- (12) General and continuing oversight and (b) Filing.—A report on a measure which toric sites and programs for international investigative authority over activities, poli- has been approved by the Committee shall be cooperation in the field of historic preserva- cies and programs within the jurisdiction of filed within seven calendar days (exclusive of tion. the Subcommittee.

VerDate Jan 31 2003 05:25 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\CR\FM\A12FE7.035 H12PT1 H428 CONGRESSIONAL RECORD — HOUSE February 12, 2003 Subcommittee on Water and Power (4) All matters regarding Native Alaskans mittee or for referral to another Sub- (1) Generation and marketing of electric and Native Hawaiians. committee. power from Federal water projects by Feder- (5) All matters related to the Federal trust (f) Consultation.—Each Subcommittee ally chartered or Federal regional power responsibility to Native Americans and the Chairman shall consult with the Chairman of marketing authorities. sovereignty of Native Americans. the Full Committee prior to setting dates for (2) All measures and matters concerning (6) All matters regarding insular areas of Subcommittee meetings with a view towards water resources planning conducted pursu- the United States. avoiding whenever possible conflicting Com- ant to the Water Resources Planning Act, (7) All measures or matters regarding the mittee and Subcommittee meetings. water resource research and development Freely Associated States and Antarctica. (g) Vacancy.—A vacancy in the member- programs and saline water research and de- (8) Cooperative efforts to encourage, en- ship of a Subcommittee shall not affect the velopment. hance and improve international programs power of the remaining Members to execute (3) Compacts relating to the use and appor- for the protection of the environment and the functions of the Subcommittee. the conservation of natural resources other- tionment of interstate waters, water rights RULE 7. TASK FORCES, SPECIAL OR SELECT wise within the jurisdiction of the Full Com- and major interbasin water or power move- SUBCOMMITTEES mittee under this paragraph. ment programs. (a) Appointment.—The Chairman of the (4) All measures and matters pertaining to (9) All measures and matters retained by the Full Committee under Committee rule Committee is authorized, after consultation irrigation and reclamation projects and with the Ranking Minority Member, to ap- other water resources development and recy- 6(e). (10) General and continuing oversight and point Task Forces, or special or select Sub- cling programs, including policies and proce- committees, to carry out the duties and dures. investigative authority over activities, poli- cies and programs within the jurisdiction of functions of the Committee. (5) Indian water rights and settlements. (b) Ex-Officio Members.—The Chairman (6) Cooperative efforts to encourage, en- the Committee under House Rule X. and Ranking Minority Member of the Com- hance and improve international programs (c) Ex-officio Members.—The Chairman mittee may serve as ex-officio Members of for the protection of the environment and and Ranking Minority Member of the Com- each Task Force, or special or select Sub- the conservation of natural resources other- mittee may serve as ex-officio Members of committee if they are not otherwise mem- wise within the jurisdiction of the Sub- each standing Subcommittee to which the bers. Ex-officio Members shall have the right committee. Chairman or the Ranking Minority Member to fully participate in activities but may not (7) General and continuing oversight and have not been assigned. Ex-officio Members vote and may not be counted in establishing investigative authority over activities, poli- shall have the right to fully participate in a quorum. cies and programs within the jurisdiction of Subcommittee activities but may not vote (c) Party Ratios.—The ratio of Majority the Subcommittee. and may not be counted in establishing a quorum. Members to Minority Members, excluding Subcommittee on Energy and Mineral Resources (d) Powers and Duties of Subcommittees.— ex-officio Members, on each Task Force, spe- (1) All measures and matters concerning Each Subcommittee is authorized to meet cial or select Subcommittee shall be as close the U.S. Geological Survey, except for the hold hearings, receive evidence and report to as practicable to the ratio on the Full Com- activities and programs of the Water Re- the Committee on all matters within its ju- mittee. sources Division or its successor. risdiction. Each Subcommittee shall review (d) Temporary Resignation.—A Member (2) All measures and matters affecting geo- and study, on a continuing basis, the appli- can temporarily resign his or her position on thermal resources. cation, administration, execution and effec- a Subcommittee to serve on a Task Force, (3) Conservation of United States uranium tiveness of those statutes, or parts of stat- special or select Subcommittee without prej- supply. utes, the subject matter of which is within udice to the Member’s seniority on the Sub- (4) Mining interests generally, including that Subcommittee’s jurisdiction; and the committee. all matters involving mining regulation and organization, operation, and regulations of (e) Chairman and Ranking Minority Mem- enforcement, including the reclamation of any Federal agency or entity having respon- ber.—The Chairman of any Task Force, or mined lands, the environmental effects of sibilities in or for the administration of such special or select Subcommittee shall be ap- mining, and the management of mineral re- statutes, to determine whether these stat- pointed by the Chairman of the Committee. ceipts, mineral land laws and claims, long- utes are being implemented and carried out The Ranking Minority Members shall select range mineral programs and deep seabed in accordance with the intent of Congress. a Ranking Minority Member for each Task mining. Each Subcommittee shall review and study Force, or standing, special or select (5) Mining schools, experimental stations any conditions or circumstances indicating Subcommittee. and long-range mineral programs. (6) Mineral resources on public lands. the need of enacting new or supplemental RULE 8. RECOMMENDATION OF CONFEREES. (7) Conservation and development of oil legislation within the jurisdiction of the Whenever it becomes necessary to appoint and gas resources of the Outer Continental Subcommittee. conferees on a particular measure, the Chair- Shelf. (e) Referral to Subcommittees; Recall. man shall recommend to the Speaker as con- (1) Except as provided in paragraph (2) and (8) Petroleum conservation on the public ferees those Majority Members, as well as for those matters within the jurisdiction of lands and conservation of he radium supply those Minority Members recommended to the Full Committee, every legislative meas- in the United States. the Chairman by the Ranking Minority ure or other matter referred to the Com- (9) Measures and matters concerning the Member, primarily responsible for the meas- mittee shall be referred to the Sub- transportation of natural gas from or within ure. The ratio of Majority Members to Mi- committee of jurisdiction within two weeks Alaska and disposition of oil transported by nority Members recommended for con- of the date of its referral to the Committee. the trans-Alaska oil pipeline. ferences shall be no greater than the ratio on If any measure or matter is within or affects (10) Rights of way over public lands for un- the Commerce. derground energy-related transportation. the jurisdiction of one or more Subcommit- RULE 9. COMMITTEE RECORDS. (11) Cooperative efforts to encourage, en- tees, the Chairman may refer that measure hance and improve international programs or matter simultaneously to two or more (a) Segregation of Records.—All Com- for the protection of the environment and Subcommittees for concurrent consideration mittee records shall be kept separate and the conservation of natural resources other- or for consideration in sequence subject to distinct from the office records of individual wise within the jurisdiction of the Sub- appropriate time limits, or divide the matter Committee Members serving as Chairmen or committee. into two or more parts and refer each part to Ranking Minority Members. These records (12) General and continuing oversight and a Subcommittee. shall be the property of the House and all investigative authority over activities, poli- (2) The Chairman, with the approval of a Members shall have access to them in ac- cies and programs within the jurisdiction of majority of the Majority Members of the cordance with clause 2(e)(2) of House Rule the Subcommittee. Committee, may refer a legislative measure XI. (b) Full Committee.—The Full Committee or other matter to a select or special Sub- (b) Availability.—The Committee shall shall have the following jurisdiction and re- committee. A legislative measure or other make available to the public for review at sponsibilities: matter referred by the Chairman to a Sub- reasonable times in the Committee office the (1) Environmental and habitat measures committee may be recalled from the Sub- following records: and matters of general applicability. committee for direct consideration by the (1) transcripts of public meetings and hear- (2) Measures relating to the welfare of Na- Full Committee, or for referral to another ings, except those that are unrevised or un- tive Americans, including management of Subcommittee, provided Members of the edited and intended solely for other use of Indian lands in general and special measures Committee receive one week written notice the Committee; and relating to claims which are paid out of In- of the recall and a majority of the Members (2) the result of each record vote taken in dian funds. of the Committee do not object. In addition, the Committee, including a description of (3) All matters regarding the relations of a legislative measure or other matter re- the amendment, motion, order or other prop- the United States with Native Americans ferred by the Chairman to a Subcommittee osition vote on, the name of each Committee and Native American tribes, including spe- may be recalled from the Subcommittee at Member voting for or against a proposition, cial oversight functions under Rule X of the any time by majority vote of the Committee and the name of each Member present but Rules of the House of Representatives. for direct consideration by the Full Com- not voting.

VerDate Jan 31 2003 04:25 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\CR\FM\A12FE7.037 H12PT1 February 12, 2003 CONGRESSIONAL RECORD — HOUSE H429 (c) Archived Records.—Records of the Com- termine the remuneration of, and may re- President that is nothing more than an mittee which are deposited with the Na- move, the legislative and administrative assault on our children, on working tional Archives shall be made available for staff assigned to the Minority within the people, on veterans. public use pursuant to House Rule VII. The budget approved for those purposes. The leg- We are asking our young men and Chairman of the Committee shall notify the islative and administrative staff assigned to Ranking Minority Member of any decision, the Minority shall be under the general su- women to go on the battlefield, and at pursuant to clause 3(b)(3) or clause 4(b) of pervision and direction of the Ranking Mi- the same time we just heard the gen- House Rule VII, to withhold, or to provide a nority Member of the Committee who may tleman from Ohio (Mr. STRICKLAND) time, schedule or condition for availability delegate any authority he determines appro- tell us what the President is proposing of any records otherwise available. At the priate. to do to veterans. written request of any Member of the Com- (d) Availability.—The skills and services of mittee, the matter shall be presented to the all Committee staff shall be available to all b 1815 Committee for a determination and shall be Members of the Committee. He said, ‘‘We’re not going to pass this subject to the same notice and quorum re- RULE 12. COMMITTEE TRAVEL. problem on to the next generation.’’ quirements for the conduct of business under Committee rule 3. In addition to any written travel policies Yet in his own budget, by his own Of- (d) Records of Closed Meetings.—Not with- the Committee may from time to time fice of Management and Budget, we are standing the other provisions of this rule, no adopt, all travel of Members and staff of the faced with about another $468 billion in records of Committee meetings or hearings Committee or its Subcommittees, to hear- debt. Check with the CRS. The percent which were closed to the public pursuant to ings, meetings, conferences and investiga- of the gross domestic product that the the Rules of the House of Representatives tions, including all foreign travel, must be authorized by the Full Committee Chairman nation of Brazil has in debt is 60 per- shall be released to the public unless the cent. The percent of debt that the Committee votes to release those records in prior to any public notice of the travel and accordance with the procedure used to close prior to the actual travel. In the case of Mi- United States of America has of our the Committee meeting. nority staff, all travel shall first be approved gross domestic product is 62 percent. (e) Classified Materials.—All classified ma- by the Ranking Minority Member. Funds au- And that is what we owe today. That terials shall be maintained in an appro- thorized for the committee under clauses 6 does not include 300-plus billion-dollar priately secured location and shall be re- and 7 of House Rule X are for expenses in- deficits for as long as anyone can imag- leased only to authorized persons for review, curred in the Committee’s activities within ine. Yet the President presents us with who shall not remove the material from the the United States. this idea that we can have it all: it’s Committee offices without the written per- RULE 13. CHANGES TO COMMITTEE RULES. mission of the Chairman. rainbow stew. Just reach out there and the rules of the Committee may be modi- grab you some. Have a big drink. It’s RULE 10. COMMITTEE BUDGET AND EXPENSES. fied, amended, or repealed, by a majority (a) Budget.—At the beginning of each Con- vote of the Committee, provided that 48 free Bubble-up. We can cut taxes, we gress, after consultation with the Chairman hours written notice of the proposed change can fight at least two wars, maybe of each Subcommittee and the Ranking Mi- has been provided each Member of the Com- more, we can provide everything that nority Member, the Chairman shall present mittee prior to the meeting date on which anybody is going to possibly dream up, to the Committee for its approval a budget the changes are to be discussed and voted on. and nobody has to pay. We’ll just keep covering the funding required for staff, trav- A change to the rules of the Committee shall borrowing money. el, and miscellaneous expenses. be published in the Congressional Record no I have a button back there at my (b) Expense Resolution.—Upon approval by later than 30 days after its approval. the Committee of each budget, the Chair- desk that they told me I could not RULE 14. OTHER PROCEDURES. man, acting pursuant to clause 6 of House wear when I came on the floor to make rule X, shall prepare and introduce in the The Chairman may establish procedures a speech. It says, How much is the debt House a supporting expense resolution, and and take actions as may be necessary to tax? How much are we going to pile on take all action necessary to bring about its carry out the rules of the Committee or to our children and grandchildren? How facilitate the effective administration of the approval by the Committee on House Admin- much of a debt are we going to con- istration and by the House of Representa- Committee, in accordance with the rules of tives. the Committee and the rules of the House of tinue to just put on our children and (c) Amendments.—The chairman shall re- Representatives. grandchildren that they cannot pay? port to the Committee any amendments to f No nation, I submit to you, Mr. Speak- each expense resolution and any related er, can be free and powerful and broke, changes in the budget. MISGUIDED ADMINISTRATION and that is where we are headed. (d) Additional Expenses. Authorization for POLICIES I have been on this floor many times. the payment of additional or unforeseen The SPEAKER pro tempore. Under a I have heard people make great patri- Committee expenses may be procured by one or more additional expense resolutions proc- previous order of the House, the gen- otic remarks, declare their intense love essed in the same manner as set out under tleman from Arkansas (Mr. BERRY) is for this country; and I share that love. this rule. recognized for 5 minutes. I think the Founders, our Founding Fa- (e) Monthly Reports.—Copies of each Mr. BERRY. Mr. Speaker, I come to thers, would absolutely be disgusted monthly report, prepared by the Chairman the floor this evening with a heavy with what we are doing right now, with for the Committee on House Administration, heart. I came to Washington, D.C., in the idea that we are going to borrow which shows expenditures made during the 1993 as part of the Clinton administra- ourselves into financial oblivion by reporting period and cumulative for the tion. We worked hard for 8 years. We year, anticipated expenditures for the pro- just continuing to borrow money and jected Committee program, and detailed in- passed on to the next administration a borrow money and borrow money and formation on travel, shall be available to $5 trillion surplus. We passed on to the not even acknowledge that we have got each Member. next administration peace and pros- a problem. RULE 11. COMMITTEE STAFF. perity. It is time, Mr. Speaker, that we rec- (a) Rules and Policies.—Committee staff Today it is not that way. The great ognize that we cannot continue to do members are subject to the provisions of country singer Merle Haggard has a this irresponsible thing. clause 9 of House Rule X, as well as any writ- song that he sings; it is called ‘‘Rain- f ten personnel policies the Committee may bow Stew.’’ One of the verses in there from time to time adopt. says when a President goes through the THE PRESIDENT’S BUDGET (b) Majority and Nonpartisan Staff.—The The SPEAKER pro tempore (Mr. Chairman shall appoint, determine the re- White House door and does what he muneration of, and may remove, the legisla- says that he will do, we will all be PEARCE). Under a previous order of the tive and administrative employees of the drinking that free Bubble-up and eat- House, the gentleman from Mississippi Committee not assigned to the Minority. ing that rainbow stew. (Mr. TAYLOR) is recognized for 5 min- The legislative and administrative staff of When the President came here a few utes. the Committee not assigned to the Minority weeks ago and gave us the State of the Mr. TAYLOR of Mississippi. Mr. shall be under the general supervision and Union, one of the things he promised Speaker, I appreciate the opportunity direction of the Chairman, who shall estab- was that we would not pass our prob- to speak. I very much want to thank lish and assign the duties and responsibil- lems on to another Congress or on to the gentleman from Arkansas (Mr. ities of these staff members and delegate any authority he determines appropriate. another generation. And yet just a BERRY) for what he had to say. I too (c) Minority Staff.—The Ranking Minority week ago Monday we are presented heard the President of the United Member of the Committee shall appoint, de- with a proposed budget from that same States just a couple of weeks ago stand

VerDate Jan 31 2003 04:25 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\CR\FM\A12FE7.039 H12PT1 H430 CONGRESSIONAL RECORD — HOUSE February 12, 2003 in this well and tell the American peo- What is particularly sad is that you In fact, they are with us today in ple we would not pass our problems on promised the American people you these Chambers, Mr. Speaker. It is to the next generation. Maybe the would not do that. That is how you got Gary Becks, who works on my staff, President does not read his own budg- in the majority. And then you flat and Wendell Cutting, my chief of staff et. I would hope he does. He signs it be- turned around and did just the oppo- in my congressional district. Wendell fore he sends it to us. Maybe the Presi- site. You will not let us vote on the is the cochairman of this task force dent is not aware that since the pas- balanced budget amendment, you are and does it without any remuneration. sage of his budget and his tax cuts that running up $300 billion a year deficits, They have gone to places like Albania. our Nation’s debt has increased by and your only answer to that is more They were the first people into the $758,108,651,628.89. The first $2 trillion debt and more tax cuts. Kosovo conflict. They went into the budget in American history inciden- I will remind you, Mr. Speaker, in first refugee camp, a camp in which tally was not submitted by a guy every other conflict in American his- every single child had some type of an named Dukakis or a wild-eyed liberal tory, when we asked our young people illness or a malady. They were the first named McGovern. It was submitted by to put their lives on the line, the rest people to distribute food and medicine. George W. Bush. The first $2.25 trillion of Americans were asked to pay the And they were the first people to go up budget in American history was not bill, right then and there. And quite into the very remote camps through submitted by a wild-eyed liberal. It was frankly, the wealthiest Americans were what was basically a no-man’s land submitted by George Bush. asked to pay the most. The inheritance where a number of nongovernmental Mr. Speaker, I would hope someone tax was a wartime tax. The luxury organizations had taken rifle fire just a in this body would explain to me that taxes were all wartime taxes. The folks few days before. when the tax cuts take place with who got to stay home and enjoy the If you look at the outline of what great fanfare, they take place during benefits of America paid while someone Rescue Task Force does, you can look the middle of the day or during prime else did the fighting. But at least they at the pictures and see Gary Becks time TV. But when my Republican col- paid. dressing wounds in Afghanistan. You leagues want to raise the debt limit What do you say now, Mr. Speaker? can see Wendell in the slums of Thai- and burden the next generation with You say those who have the most land teaching sanitation. You can see these bills, that vote takes place about should pay even less and, by the way, them both distributing help in Kosovo. 3 or 4 in the morning. You will notice the kids from across town, the kids You can see them establishing the there will not be a reporter up there. from across the tracks, let them go get first-ever dental clinic in the area of Most of our constituents will be asleep. shot in Afghanistan, let them go get the Nicaraguan-Honduran border. If they are proud of raising the debt shot in Colombia protecting a pipeline Mr. Speaker, I am very proud of and seeing to it that an even larger owned by Occidental Petroleum. Let these two gentlemen and this organiza- percentage of our Nation’s budget is that kid get shot in Iraq and, by the tion, Rescue Task Force. They also squandered on interest and we are way, send him the bill for this war started the program we call Hands squandering a billion a day, that is a when he gets home. Across the Border, where they have di- thousand times a thousand times a Mr. Speaker, there are a lot of good rected literally tons and millions of thousand, then why will you schedule a people in this body. A majority of peo- dollars’ worth of medical supplies and vote to raise the debt at 3 or 4 o’clock ple in this body came to this body say- food and toys for people who hurt, to in the morning? Why will you change ing they were going to be fiscally re- quote the President, in Mexico. They the House rules so that now, by just sponsible. Where are they now? Where have gone around the world. the adoption of the President’s budget, are they going to be tomorrow when we Interestingly, Mr. Speaker, a lot of we automatically raise the debt if you vote on a $300 billion bill that not one us in this city are listening to people are proud of that? Member has read, that no one has any who are explaining to us why other na- Mr. Speaker, please explain to me idea what sort of stuff is buried in it? tions in the world may not like us and explain to the American people Mr. Speaker, where are they going to right now in this particular phase of why a group of people is elected to gov- be tomorrow? Because if those people our foreign policy in the Middle East ern this country who promised to bal- care about their country, they will let and explaining that the United States ance the budget, who promised to be us vote on a balanced budget amend- needs to reach out and to educate peo- fiscally responsible, yet in the over ment. If they care about their country, ple as to what we do and what we stand 1,400 days that Speaker HASTERT has they will vote down this bill tomorrow for. I would say, Mr. Speaker, that no- been Speaker of this House of Rep- until they have had a chance to read it. body reaches out as effectively nor is resentatives, he will not even schedule If they care about our country, they as good an ambassador as these folks, one vote on a balanced budget amend- will quit sticking our kids with their not only in Rescue Task Force but ment to the United States Constitu- bills. hundreds of American charitable orga- tion. We vote to condemn people across f nizations who bring food and medical the world. We vote to commend people supplies to Africa, to Afghanistan, to across the world. We have cast 25 votes IN RECOGNITION OF RESCUE TASK other vast areas of the world, very dis- since this session started. The way I FORCE tant areas where it is obvious that they figure it, thus far Congress is being The SPEAKER pro tempore. Under a are not going to receive anything in re- paid $1,000 per vote this year. But you previous order of the House, the gen- turn. In fact, if you looked at the situ- cannot find time, Mr. Speaker, to tleman from California (Mr. HUNTER) is ation in Afghanistan and you looked at schedule a vote on the most important recognized for 5 minutes. the roster of nations that were sup- thing of all, which is balancing the Mr. HUNTER. Mr. Speaker, there is a plying humanitarian help in Afghani- American budget so that this genera- movie that I saw recently which de- stan, before the military operations, tion does not ask the next generation picted three actors who became trou- before we had to go in and find the al to pay our bills. bleshooters and helped to save a small Qaeda, you will find the Americans Mr. Speaker, answer back. Would you town in Mexico. The name of the movie leading the list, supplying most of the go out and buy a car, go out and buy a was ‘‘The Three Amigos.’’ As I recall, food, most of the medicine, and that is Lexus and say, I don’t care what it they had a slogan that wherever there reflective of what Rescue Task Force costs, I don’t care what the interest was injustice or poverty, they would be does. payments are because my grandkid is there. In reality, in real life, there are I am very proud of Rescue Task going to pay for it? Would you go buy two amigos who have organized a small Force, Mr. Speaker. I think it is rep- a house? The same deal. I want the task force that is called Rescue Task resentative of the goodness that this most expensive house in town; I don’t Force and where there are problems in country has and the willingness of our care what the interest payments are the world, where people are sick or people to reach out and give some of because my kid is going to pay for it. need medical help or they are victims their resources to other people around That is the way you are running this of a crossfire in a real shooting war, the world with no intention to ever re- country. the two amigos are there. ceive anything in return except the

VerDate Jan 31 2003 04:25 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\CR\FM\K12FE7.066 H12PT1 February 12, 2003 CONGRESSIONAL RECORD — HOUSE H431 good feelings that come from their val- have had and enjoyed. We would not trillion deterioration of our fiscal mat- ues, that come to anyone who reaches have the opportunities, because we ters of this country in 2 years. out to help someone in need. would not have the discretionary in- The Blue Dogs stood on this floor and f come for education, for health care, for opposed the economic game plan that veterans, for the world class military we are now under. We were not pro- WHY DEFICITS MEAN SOMETHING that we all know is necessary for the phetic. We agreed with the majority The SPEAKER pro tempore. Under a defense of this country. party on the spending, but we were not previous order of the House, the gen- We will not have that money. It will even allowed to have our budget on the tleman from Tennessee (Mr. TANNER) is continue to go out in the form of inter- floor, and we have heard nothing but recognized for 5 minutes. est payments. rhetoric ever since. Mr. TANNER. Mr. Speaker, I am a What the gentleman from Arkansas But now the results of the economic member of the Blue Dog Coalition, as (Mr. BERRY) said about Brazil, we are game plan are coming in, and I want everybody knows. The gentleman from not creditworthy were it not for the everyone to understand, 60 percent of Texas (Mr. STENHOLM) is here with me. full faith, credit and confidence of the the deterioration has occurred because The gentleman from Arkansas (Mr. people of this country in terms of what of 9–11–01 and the military homeland BERRY) was here earlier, as was the we have done in borrowing money. It is defense needs of this country and the gentleman from Mississippi (Mr. TAY- a shame what is going on each and recession. But 40 percent of that dete- LOR). This is going to be a first in a se- every day. rioration has occurred because of the ries of, I hope, enlightened or enlight- The gentleman from Mississippi (Mr. economic game plan that we are now ening exercises that we do with regard TAYLOR) asked for a balanced budget under. to why deficits mean something in this amendment vote, 1,400-some pages. We I personally happen to agree with the country. do not have one. This Congress, if it President’s leadership regarding solv- I heard some of the most astounding does not come face to face with the ing the Social Security problem while rhetoric I have ever heard in my life fact that we are spending a lot of we still had a chance. Again, I am when there are some in this town who money that we did not count on be- ready to step forward in a bipartisan say deficits do not matter. We are cause of 9–11 that we have to spend to way and work with my colleagues to going to try to point out why they do protect this country, our first and fore- take care of that debt for our children. over the next few weeks. most obligation as Members of Con- But that is not what we are talking Mr. Speaker, do you realize that gress, if they do not come face to face about today. That is not what is being today we are passing on to our children with that and understand that we have proposed and talked about in the budg- and our grandchildren an 18 percent to get the money up to pay for it or et. mortgage on this country? We have lit- else pass it on to our children in the After 4 years of reduction in the debt erally mortgaged our children’s future form of a debt tax that can never be re- held by the public and warnings by ad- by our spending habits and our inabil- pealed, then we have shamefully failed ministration and Republican after Re- ity or our lack of courage to raise the not only our oath of office, but we have publican in Congress that the govern- necessary funds to pay for what my shamefully failed those who will follow ment would pay off the debt too quick- generation wants. us. ly 2 years ago, debt held by the public will exceed $5 trillion by 2008, a 50 per- b 1830 And each and every day a billion dol- lars goes out of this place to pay inter- cent increase, a debt tax increase on The President has submitted a budg- est, and each and every day we operate the American people that every tax- et that is another $300 billion in the in the , it is more piled on. That is payer will have to pay, a debt tax in- red. Let me just say why that matters. why deficits matter and that is what crease under the administration’s We already are paying, as a people, a the Blue Dogs are going to be talking budget that is being proposed. billion dollars a day in interest on past about over the next few weeks. The administration requested the consumption. If we do the math on statutory debt limit be increased for that, there are 129.9 million individual f the second time in less than a year. taxpayers in this country, that means The SPEAKER pro tempore. Under a That ought to tell us something. When that every individual taxpayer last previous order of the House, the gen- we are having to increase the debt year paid on average $2,556 on the debt, tleman from Florida (Mr. PUTNAM) is limit so we can borrow more money, it interest on the debt, a debt tax that recognized for 5 minutes. ought to tell us there is something will continue to go up under these (Mr. PUTNAM addressed the House. wrong with the game plan that we are present economic policies that we are His remarks will appear hereafter in now following. asked to follow. the Extensions of Remarks.) The greatest danger of the deficits in It gets even worse than that, though, f the President’s budget is that it will because what happens is, every time we make it harder to address the chal- borrow money, we have put a tax in- THE NATIONAL DEBT lenges facing Social Security and Medi- crease not only on us, but on our chil- The SPEAKER pro tempore. Under a care when our baby boom generation dren and grandchildren, that can never previous order of the House, the gen- begins to retire in the next decade. In- be repealed because the interest must tleman from Texas (Mr. STENHOLM) is stead of saving money to prepare for be paid. It is a tax increase every day recognized for 5 minutes. those costs, we will already be in a we sit here spending more money or Mr. STENHOLM. Mr. Speaker, just a deep hole when the $18 trillion liability not having the courage to raise the few days ago the President stood in facing those programs begins to come money we need to protect this country where the Clerk of the House stands due. The analytical prospectus volume and the people who live here. and told the Nation that we will not of the President’s budget, the adminis- Every day we do that is another tax pass along our problems to other Con- tration warned us, as the baby boomers on our children and us and our grand- gresses, other Presidents and other reach retirement age in large numbers, children that cannot be repealed. That generations. I stood and applauded that the deficit is projected to rise steadily is what the debt tax is. That is what statement because I agree with my as a percent of GDP. Deficits will grow the interest tax is. President. I agree with my commander from 2.2 percent of GDP in 2020 to 5.4 And it really is ironic that people in chief. percent in 2030 to 8.8 percent in 2040 would sit here and say, we are not Then I was somewhat disappointed, under the President’s budget policies. going to pass on the problems of this considerably disappointed, when the How can we continue to ignore that Congress on this day, in this hour, to administration’s budget came through today? those who come after us. If our fore- projecting a $307 billion deficit for next The debt tax is real. It is an increase. fathers had done to us what we are year and deficits as far as the eye can But instead of our paying for it today, doing to our children and grand- see. The President’s budget protects what are we saying? We are going to children, we would not have the stand- cumulative deficits of over $2.1 trillion give this generation another tax cut. ard of living we have today, that we from 2002 through 2011. That is a $7.7 And no one, including the President’s

VerDate Jan 31 2003 04:25 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\CR\FM\K12FE7.067 H12PT1 H432 CONGRESSIONAL RECORD — HOUSE February 12, 2003 own budget analysis, shows that it is With the country on alert for ter- position, arguing that GAO’s investiga- going to do anything other than in- rorist attacks, a potential conflict in tion ‘‘would unconstitutionally inter- crease the debt. Iraq, and effort on the way to enact fere with the functioning of the execu- And we are not even talking about economic stimulus, it is time to stand tive branch.’’ Even when GAO volun- paying for the war, the war that we all behind this extremely qualified can- tarily scaled back its request, dropping pray will not come, but it looks like it didate. its demand for minutes and notes, the is; and I am behind my commander in f Vice President’s office was intran- chief 100 percent. But the rhetoric of sigent. Faced with an administration the economy in the budget does not CHENEY TASK FORCE RECORDS that had no interest in reaching an ac- match the rhetoric of what is needed as AND GAO AUTHORITY commodation, GAO was left with no the gentleman from Mississippi (Mr. The SPEAKER pro tempore. Under a choice. Reluctantly on February 22, TAYLOR) spoke so eloquently on a mo- previous order of the House, the gen- 2002, GAO filed its first-ever lawsuit ment ago. The debt tax consumed 18 tleman from California (Mr. WAXMAN) against the executive branch to obtain percent of all government revenues to is recognized for 5 minutes. access to information. pay interest on the $6.4 trillion debt Mr. WAXMAN. Mr. Speaker, last Fri- b 1845 last year. That debt tax will go up to day, February 7, the General Account- ing Office abandoned its efforts to ob- In December, the district court in the 19.5 percent by 2008 under the economic case issued a sweeping decision in favor tain basic records about the operation game plan that we are being asked to of the Bush administration, ruling that of the Vice President’s Task Force on support. GAO had no standing to sue the execu- Energy Policy. This action received I ask my colleagues as one Democrat tive branch. The judge in the case was only limited attention, and few people who used to vote with you and we a recent Bush appointee who served as passed the balanced budget constitu- fully understand its profound con- a deputy to Ken Starr during the Inde- tional amendment in 1995, what has sequences. pendent Counsel investigation of the happened to you? What has caused you When we have divided government, Clinton administration. The judge’s to suddenly start saying, deficits do the public can expect Congress to con- reasoning contorted the law, and it ig- not matter, balancing the budget does duct needed oversight over the execu- nored both Supreme Court and appel- not matter? tive branch. But today we are living in late court precedent recognizing GAO’s The Blue Dogs stand ready to work an era of one-party control. This means right to use the courts to enforce its with our President and with the major- the House and the Senate are not going statutory rights to information. ity in seeing that we do not increase to conduct meaningful oversight of the Before deciding whether to pursue an the taxes on our children through the Bush administration. When there is appeal, the Comptroller General con- debt tax. one-party control of both the White sulted with congressional leaders. He f House and Congress, there is only one found no support from Republican lead- The SPEAKER pro tempore. Under a entity that can hold the administra- ers for an appeal. previous order of the House, the gen- tion accountable, and that is the inde- This hypocrisy is simply breath- tleman from Hawaii (Mr. CASE) is rec- pendent General Accounting Office. taking. During the 1990s, it was the Re- ognized for 5 minutes. But now GAO has been forced to sur- publicans in Congress who embarked (Mr. CASE addressed the House. His render this fundamental independence. on a concerted effort to undermine the remarks will appear hereafter in the When GAO decided not to appeal the authority of the President. Congres- Extensions of Remarks.) District Court decision in Walker v. sional committees spent over $15 mil- Cheney, it made a fateful decision. In lion investigating the White House. f the Comptroller General’s words, GAO They demanded and received informa- SUPPORTING THE NOMINATION OF will now require ‘‘an affirmative state- tion on the innermost workings of the MIGUEL ESTRADA ment of support from at least one full White House. They subpoenaed top The SPEAKER pro tempore. Under a committee with jurisdiction over any White House officials to testify about previous order of the House, the gentle- records they seek to access prior to the advice they gave the President. woman from Tennessee (Mrs. any future court action by GAO.’’ They forced the White House to dis- BLACKBURN) is recognized for 5 min- Translated, what this means is that close internal White House documents, utes. GAO will bring future actions to en- memos, e-mails, phone records, and Mrs. BLACKBURN. Mr. Speaker, I force its rights to documents only with even lists of guests at White House rise this morning in support of the the blessings of the majority party in movie showings. They abused congres- nomination of Miguel Estrada. If Congress. sional powers, and they launched Miguel Estrada were considered for This is a fundamental shift in our countless GAO investigations. Federal bench on merits alone, we system of checks and balances. For all But now that President Bush and would not be still debating his quali- practical purposes, the Bush adminis- Vice President CHENEY are in office— fications. He would already be serving. tration is now immune from effective The SPEAKER pro tempore (Mr. Estrada was given the very highest oversight by the Congress. Some people PEARCE). The time of the gentleman recommendation by the American Bar say GAO should never have brought has expired. Mr. WAXMAN. Mr. Speaker, I ask Association, not what those who seek legal action to obtain information unanimous consent to proceed for 1 ad- to tar and feather him would consider about the energy task force, but in re- ditional minute. a right wing organization. While we ality GAO had no choice. The SPEAKER pro tempore. The prefer our Tennessee law schools, we do The Bush administration’s penchant Chair cannot entertain the motion. know that some consider Harvard to be for secrecy has been demonstrated time The gentleman’s time has expired. a pretty good alternative. Mr. Estrada and time again. The Department of not only graduated from Harvard, but Justice has issued a directive cur- f was the editor of the Law Review. tailing public access to information THE BUSH RECESSION AND ITS Again, Harvard is not what Estrada’s under the Freedom of Information Act. IMPACT ON MINORITY WORKERS critics would consider a right wing or- The White House has restricted access The SPEAKER pro tempore. Under a ganization. And in what can only be de- to Presidential records. The adminis- previous order of the House, the gentle- scribed as a stellar career, he went on tration has refused to provide informa- woman from California (Ms. WATSON) is to clerk for Supreme Court Justice An- tion about the identity of over 1,000 in- recognized for 5 minutes. thony Kennedy, who is also not consid- dividuals detained in the name of Ms. WATSON. Mr. Speaker, I yield to ered by those on the left to be part of homeland security. the gentleman from California (Mr. the right wing. The White House deliberately picked WAXMAN). I think my point is clear. Partisan this fight with GAO in order to secure CHENEY TASK FORCE RECORDS AND GAO politics are behind the attacks on his its power to run the government in se- AUTHORITY character and the delay in his nomina- cret. From the start, the White House Mr. WAXMAN. Mr. Speaker, I thank tion. assumed a hostile and uncompromising the gentlewoman for yielding, because

VerDate Jan 31 2003 04:25 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\CR\FM\K12FE7.070 H12PT1 February 12, 2003 CONGRESSIONAL RECORD — HOUSE H433 I want to make this point very clearly to your mission. At best, you will be able to minority, the Court’s decision did not ad- that now that the President is Bush pursue effective investigations only when dress, and does not affect, our engagement and the Vice President is Cheney, sud- your work is supported by the majority in acceptance policy or the CG’s authority to denly the priorities of the Republicans Congress. Investigations that are requested conduct self-initiated work. by the minority would become second-class As you know, in enacting 31 U.S.C. § 716, have changed. Oversight is no longer of investigations because GAO would have no the Congress gave GAO the independent interest to them. In fact, it is some- ability to compel—or to threaten credibly to right to sue to compel the production of in- thing to be avoided at all costs, includ- compel—the production of information in formation irrespective of whether the re- ing sacrificing the independence of the face of executive branch recalcitrance. quest is made by a committee, a member, or GAO. Even when GAO asked for the Allowing the district court decision to is self-initiated by the CG. As the attach- most basic information, what private stand would also do permanent damage to ment notes, the district court’s decision in interest met with the White House the Comptroller General’s statutory author- Walker v. Cheney does not set a binding ity to conduct self-initiated work. Under task force, the answer is that GAO is precedent on GAO’s overall right to sue in Walker versus Cheney, this essential inde- the future. Importantly, it does not affect not entitled to ask these questions. pendence is crippled because you would have GAO’s statutory audit authority, access Consider this irony. In their eager- no standing to assert your independent rights, or the obligation of agencies to pro- ness to undermine the Clinton White rights of access to agency information. vide GAO information. As a result, we re- House, Republicans in Congress tried Now is exactly the time when an inde- main willing and able, should the facts and to tear down the Presidency. Now, in pendent GAO is most important. When the circumstances warrant, to file suit to press their eagerness to protect the Bush White House is controlled by one party and our access rights in connection with a dif- Congress by another party, the public can ferent matter in the future. In addition, the White House, they are willing to tear rely on Congress to conduct oversight of the down Congress. court’s decision does not affect GAO’s ability administration. But when—as now—there is to issue demand letters and statutory re- The implications of GAO’s decision one-party control of both the White House ports to the Congress in connection with an are enormous when they decided not to and Congress, congressional oversight will be agency’s refusal to disclose information to appeal; and without a realistic threat minimal. If GAO is not available to conduct which we are entitled. There are also tradi- of legal action, GAO loses most of its independent oversight, there simply won’t be tional remedies available to the Congress leverage. This is a sea change in GAO’s any. that can, have, and, we trust, will continue mission. It is no longer fundamentally The need for GAO independence is espe- to be employed to aid our audit and access cially important given the inclinations of authority. However, as I noted when we met, nonpartisan nor fundamentally inde- the current Administration. This Adminis- pendent. given the district court’s decision, and other tration has taken a uniquely hostile ap- considerations, as a matter of procedural Mr. Speaker, I include for the record proach to oversight and public disclosure. prudence, I believe it would be appropriate to three short documents into the The Administration regularly ignores re- have an affirmative statement of support RECORD. They are an exchange of cor- quests from members of Congress for infor- from at least one full committee with juris- respondence with the Comptroller Gen- mation, resists GAO efforts to obtain diction over any records access matter prior eral on this issue and a fact sheet on records, and has even issued a directive cur- to any future court action by GAO. Further- the Walker versus Cheney case that my tailing public access to information under more, now that I have been in office for over the Freedom of Information Act. This pench- staff has provided. four years, I believe it is appropriate to work ant for secrecy makes GAO’s independence of with you and other Congressional leaders to CONGRESS OF THE UNITED STATES, paramount importance. HOUSE OF REPRESENTATIVES, COM- review and update our current Congressional Given the current political alignment in protocols and address certain other related MITTEE ON GOVERNMENT REFORM, Washington, it is clear what the easy deci- Washington, DC, January 31, 2003. matters. sion would be: don’t appeal. But the core val- We appreciate your past understanding and Hon. DAVID M. WALKER, ues of GAO are ‘‘accountability, integrity, support and we trust that we can count on Comptroller General, General Accounting Of- and reliability.’’ I urge you to make your fice, Washington, DC. that same understanding and support in the final decision on the basis of these core prin- future. I would be pleased to meet with you DEAR DAVE: I am writing to follow up on ciples. to discuss my decision should you so desire. our conversation about the Walker versus Sincerely, Cheney litigation. In addition, I look forward to meeting with HENRY A. WAXMAN, you soon to discuss our Congressional proto- I have great admiration for the work you Ranking Minority Member. have done as Comptroller General. You have cols and related matters. Sincerely yours, reinvigorated the organization and given it a U.S. GENERAL ACCOUNTING OFFICE, DAVID M. WALKER, new sense of purpose, accomplished impor- Washington, DC, February 7, 2003. tant restructuring, and addressed pressing Comptroller General of the United States. Hon. HENRY B. WAXMAN, Attachment. human capital needs. Ranking Minority Member, Committee on Gov- FACT SHEET—WALKER V. CHENEY But now you face another—and in some ernment Reform, House of Representatives. ways even more significant—challenge: how DEAR MR. WAXMAN: Thank you for your In December 2002, federal district court you respond to the district court decision in letter dated January 31, 2003, regarding the Judge John Bates issued a ruling in Walker Walker versus Cheney. This decision goes to district court decision in Walker v. Cheney verses Cheney that holds that GAO lacks the very heart of GAO’s independence. and your kind words on GAO’s performance ‘‘standing’’ to enforce its statutory rights to As you have indicated to me (and your law- during my tenure as Comptroller General of information. This ruling may do serious yers have indicated to my staff), you will the United States (CG). damage to GAO’s ability to serve Congress. read the decision as narrowly as possible if I am announcing my decision today and The court’s ruling is so sweeping that the you decide not to appeal. The narrow reading have attached a copy of our press statement issue in the case is no longer about the ac- is that the case does not apply when you are for your information (attachment). This de- tions of the Cheney energy task force: it’s acting pursuant to a request from a com- cision, like my initial decision to file suit about the role of GAO. mittee. If you decide not to appeal, you will last February, was by no means an easy one GAO’s ability to assist Congress in over- take the position that GAO can still use the to make because many factors needed to be seeing the executive branch is imperiled. courts to uphold its statutory rights to in- considered, including legal, institutional and Under the logic employed in the court’s rul- formation when supported by a committee of other issues. In addition, there were good ar- ing. GAO has no standing to compel the ex- Congress. guments to be made both for and against an ecutive branch to provide any documents or While I understand the desire to minimize appeal. Please be assured that my decision information. Thus, federal agencies may use the impact of the district court decision, al- was based on what, in my best judgment, is the decision to argue that GAO cannot en- lowing the decision to stand would do irrep- in the best overall interests of the Congress, force its requests for information. In effect, arable damage to GAO’s independence. As the GAO, and the American public. I also feel agencies are likely to take the position that Comptroller General, you have a 15-year ten- comfortable that it is fully consistent with they—not GAO—can dictate what informa- ure, so that you can exercise independent GAO’s core values of ‘‘accountability, integ- tion is shared with GAO. According to the judgment and conduct independent inves- rity, and reliability.’’ Congressional Research Service, the decision tigations. You are not simply an agent of As noted in the attached statement, we ‘‘could greatly limit the ability of GAO to congressional committees: GAO exists, to strongly disagree with the district court de- compel production of information from the quote your mission statement, ‘‘to ensure cision. We do not, however, agree with your executive branch’’ and ‘‘the executive branch the executive branch’s accountability to the characterization of the opinion. In addition, could become significantly less responsive to Congress under the Constitution and the fed- we do not believe that the district court future GAO inquiries.’’ eral government’s accountability to the opinion will have a significant adverse effect Other core GAO powers are also in jeop- American people.’’ on our ability to serve the Congress and the ardy. GAO has statutory authority to de- If you do not appeal, you will in effect have American people. Furthermore, with regard mand important records from the private sacrificed the independent that is essential to GAO’s policy of not disenfranchising the sector, such as information from Medicare or

VerDate Jan 31 2003 04:25 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 E:\CR\FM\K12FE7.073 H12PT1 H434 CONGRESSIONAL RECORD — HOUSE February 12, 2003 Medicaid providers or from federal contrac- obtain information, necessary to carry out every 17 American workers was out of tors. Using the logic in the court’s ruling, their assigned duties. There is no precedent work. private companies being audited by GAO for the district court to prohibit Congress One of the most troubling aspects of may argue that GAO does not have standing from doing so in this case. to enforce these rights. 3. The court ignored key precedents. The this rescission is the amount of time Another important function of GAO is its district court completely ignore Bowsher that workers have been idle. During role in preventing improper ‘‘impound- versus Merck, 460 U.S. 824 (1983). In this case, the Clinton economic expansion of the ments’’ by the executive branch. The Im- the Supreme Court upheld GAO’s rights to 1990s, America dramatically reduced poundment Control Act sets forth the lim- obtain certain records from a drug company, long-term unemployment, those work- ited circumstances under which the execu- rejecting the company’s request for a declar- ers who had been out of work 27 weeks tive branch can defer expending appropriated atory judgment that GAO was not entitled to funds. To ensure compliance with these lim- the records. The district court’s holding that or more. From February of 1993 until its, the law authorizes GAO to sue the execu- enforcing GAO’s rights to information would February of 2001, roughly the amount tive branch if the law is violated. This core violate the standing requirements of Article of time Bill Clinton was in office, long- GAO authority could also be challenged by III conflicts fundamentally with the Su- term unemployment fell by two-thirds. the executive branch under the court’s rul- preme Court’s decision to enforce these very That is 1.2 million long-term unem- ing. rights in Bowsher versus Merck. The district ployed Americans who went back to The court’s decision even challenges Con- court also ignores United States versus work. gress’ ability to sue the executive branch. McDonnell Douglas Corp., 751 F.2d 220 (8th But in less than 2 years of this ad- The opinion says that ‘‘no court has ever or- Cir, 1984), and United States versus Abbott dered the Executive Branch to produce a doc- Laboratories, 597 F.2d 672 (7th Cir. 1979), ministration, there is a recession and ument to Congress or its agents’’ and dis- which upheld GAO’s statutory right to bring the administration has managed to misses Department of Justice opinions which a lawsuit to compel a contractor to provide completely erase those gains. By this conceded Congress’ ability to sue to enforce records. past December, the administration’s a subpoena. According to CRS, the decision 4. Raines v. Byrd is distinguishable. The economic mismanagement has man- ‘‘casts doubt on the ability of committees of district court relies on Raines versus Byrd, aged to push long-term unemployment the Senate and of the House of Representa- 521 U.S. 811 (1997), a case in which several back up to where it was when his fa- tives to bring suit to enforce subpoenas.’’ If members sued to challenge the constitu- the decision is not reversed, CRS says that it tionality of the line-item veto. But there are ther was in office. ‘‘conceivably could be cited by the executive three fundamental differences between the I remember feeling a certain amount branch—or even a private party—for the Raines case and this one. First, GAO is seek- of deja vu after having another Presi- broad proposition that the legislative branch ing access to information and not trying to dent Bush in office. But I do not think does not have standing to enforce its de- prevent an abstract, generalized harm like that many people realized that this ad- mands for information in the courts.’’ diminution of congressional authority. The ministration would mismanage the No congressional remedy is available. In Supreme Court has held that the denial of economy so badly that we would return effect, the court ruled that Congress violated information is a concrete injury that con- Article III of the Constitution when it au- veys standing. Second, the line-item veto at to economic stagnation reminiscent of thorized GAO to sue for access to informa- issue in the Raines case had not yet been ex- the early 1990s. tion. This is not an issue that Congress can ercised. In essence, the congressional plain- But these broader economic statis- rectify by enacting more explicit legislation. tiffs were seeking an advance ruling that any tics only tell half the story. During the If the opinion stands, a constitutional exercise of the authority would be unlawful. Clinton expansion of the 1990s, minor- amendment could be required to revive In this case, there is a specific dispute over ity communities made enormous GAO’s powers. specific documents that is being litigated. There is a significant likelihood that the strides in breaking out of poverty, as Third, the Raines decision placed some im- more , Asian Ameri- district court’s decision will be overturned portance on the fact that the members were on appeal. The court’s opinion is not well not authorized to represent Congress, and in cans, and Latinos found good jobs in reasoned or well supported: fact both houses of Congress opposed their the prosperous economy. 1. The court failed to recognize that heads lawsuit. Here, by contrast, Congress has spe- Since the beginning of this recession, of executive agencies routinely assert ‘‘insti- cifically delegated to GAO the power to sue. however, these numbers have turned tutional’’ injuries in litigation. The court re- As a practical matter, GAO may be bound jects the Comptroller General’s standing be- around sharply. More than one in 10 Af- by the ruling if it does not appeal. Under rican American workers are now out of cause the Comptroller General is asserting GAO’s statute, the D.C. district court is the an ‘‘institutional’’ interest in obtaining in- only court where GAO can litigate claims a job. American workers of minority formation, not a personal injury. But heads against agencies for refusing to provide in- heritage have historically worked at of agencies always assert ‘‘institutional’’ in- formation, so this is not a situation in which the edges of the economy. Because of terests in litigation. If standing required a GAO can gain a strategic advantage by look- the jobs they possess, too many of ‘‘personal’’ stake in the litigation, the Attor- ing for another venue to litigate the issues these workers are forced to bear the ney General and heads of other executive in question. If the decision is not appealed full brunt of swings in the labor mar- agencies could not bring legal action to as- and GAO files another access suit in the fu- sert federal rights. The court never explains ket. ture, the district court judge might rule that We need to get America back to why GAO’s institutional interests asserted the issue of GAO’s standing has been decided by agencies when they bring lawsuits to en- and cannot be re-litigated. Even if the judge work. We have to help this President force their statutory rights to information. allows the question of standing to be re-ar- realize that his fiscal and economic 2. The court improperly dictates to Con- gued, the judge is likely to follow the prece- policies have not helped America out of gress how it must collect information needed dent set by Judge Bates’s ruling, and any ap- the recession, and it is possible that it for legislative purposes. The court’s decision pellate court would question why GAO did has been prolonged. relies heavily on the fact that Congress did not appeal the initial ruling. If no appeal is not vote to authorize the Walker v. Cheney The budget that this President has taken, GAO could be permanently bound by submitted to Congress is a sweetheart litigation. The court does not hold that such the decision. a vote would be sufficient to gave GAO An appeal leaves open other grounds for deal for the President’s wealthiest sup- standing, but it does hold that GAO cannot decision. The government offered many ar- porters. Meanwhile, budgets at all lev- have standing without such a vote. This is an guments in the litigation, including statu- els of government, Federal, State and unprecedented intrusion into the internal tory claims such as the one that GAO’s au- local, are swimming in red ink. The operations of the legislative branch. Con- thority to obtain ‘‘agency’’ records does not President’s budget, in effect, hides a $1 gress determined by statute that it was ap- extend to the Office of the Vice President. propriate to create GAO to assist members trillion tax increase. His budget bor- These other issues go the merits of the dis- rows against the future, leaving us in collecting information and conducting pute about GAO’s right to the energy task oversight, just as Congress has created CBO force records. A decision on these other with a $1 trillion bill that Americans to assist members on budget issues and CRS grounds, even if adverse to GAO, would not will have to pay over the next decade to assist members with their research needs. have the profound impact on the operations in higher taxes, higher interest rates, Congress also determined by statute that of GAO that the district court’s ruling po- and lower growth. GAO should have the power to sue agencies tentially has. We will only get out of this recession for information, if necessary. No provision of Ms. WATSON. Mr. Speaker, the when average Americans get money the Constitution forbids Congress from cre- ating congressional agencies to assist mem- American economy has been mired in back into their pockets. I urge the bers in carrying out their duties, and no pro- recession since March of 2001. This past President to rethink his failed eco- vision bars Congress from giving these agen- December saw the unemployment rate nomic policies and get America back to cies authorities, such as the ability to sue to rise to 6 percent, meaning that one in work.

VerDate Jan 31 2003 04:25 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 E:\CR\FM\A12FE7.042 H12PT1 February 12, 2003 CONGRESSIONAL RECORD — HOUSE H435 NATIONAL DRUG CONTROL STRAT- Mr. KINGSTON. Mr. Speaker, I cer- court. I think it is unfortunate for the EGY—MESSAGE FROM THE tainly appreciate the opportunity to diversity of the court and for racial re- PRESIDENT OF THE UNITED address the House tonight. I wanted to lations in general; but, more impor- STATES start off by commenting on some of the tantly, somehow that they seem to be The SPEAKER pro tempore laid be- comments that were made by our col- attacking the American dream. fore the House the following message leagues on the Democrat side of the Here is a young guy that comes to from the President of the United House; but before I do that, I wanted to America when he is 17 years old. He is States; which was read and, together comment about the message that we an immigrant from Honduras. By the time he is 41, he is nominated with the accompanying papers, without just received from the President of the to be the first Hispanic to sit on the objection, referred to the Committee United States. D.C. court. He graduated Phi Beta on the Judiciary, Committee on Agri- Mr. Speaker, as you know, the Presi- Kappa from Columbia College and culture, Committee on Armed Services, dent has listed as one of his priority magna cum laude from Harvard Law. Committee on Financial Services, items this year to have a compas- By the age of 40 he had argued 15 cases Committee on Energy and Commerce, sionate, conservative model to end before the Supreme Court and was Committee on Education and the drug addiction. His idea is let us reach rated ‘‘well-qualified’’ by the American Workforce, Committee on Government out to people who are unfortunately Bar Association. Reform, the Committee on Inter- trapped by drug addiction and let us He has worked at the Department of national Relations, Committee on work it through local agencies and Justice for both Republicans and Transportation and Infrastructure, local volunteers and local charitable groups, get people off drugs and stop Democrats, and he has been called an Committee on Ways and Means, Com- ‘‘extraordinary legal talent’’ and mittee on Veterans’ Affairs, the Per- addiction so they can go on to have productive lives. ‘‘genuinely compassionate’’ by the manent Select Committee on Intel- Clinton Solicitor General. But he is ligence, and the Select Committee on I think it is just an example of the compassionate conservative side of held up over in the Senate. Homeland Security: I am joined tonight by some col- George Bush, attacking drug abuse on To the Congress of the United States: leagues from the great State of Flor- one side, but doing it with a human I am pleased to transmit the 2003 Na- ida, just south of the State of Georgia, face and a gentle hand guiding people tional Drug Control Strategy, con- the gentlewoman from Florida (Ms. to get off drugs. I think it is a good sistent with the Office of National HARRIS), the gentleman from Florida program, and I look forward to work- Drug Control Policy Reauthorization (Mr. MARIO DIAZ-BALART) and the gen- ing with it and seeing more of the pro- Act of 1998 (21 U.S.C. 1705). tleman from Florida (Mr. FEENEY) who posal. A critical component of our Strategy is here somewhere, who is the former Mr. Speaker, I also wanted to com- is to teach young people how to avoid speaker of the Florida House. ment, we heard many Democrats to- illegal drugs because of the damage I would be honored to yield to who- night talking about the deficits. I want drugs can do to their health and future. ever is ready, the gentleman from Flor- the Democrats, the Blue Dog Demo- Our children must learn early that ida (Mr. Diaz-Balart) and then the gen- crats who are the more moderate they have a lifelong responsibility to tlewoman from Florida (Ms. HARRIS). I Democrats in this body, I want them to reject illegal drug use and to stay want to hear your comments on this know that I would like to work with sober. Our young people who avoid important nomination. drugs will grow up best able to partici- them on reducing the deficit. Mr. MARIO DIAZ-BALART of Flor- pate in the promise of America. I was disappointed last year when the ida. Mr. Speaker, I want to thank the Yet far too many Americans already Democrats did not offer a budget. I distinguished gentleman from Georgia use illegal drugs, and most of those think that kind of hurt them, hurt for yielding. whose drug use has progressed—more their own credibility of leadership, Would it be all right if before I get than five million Americans—do not frankly, because I think that when you into the specifics, I tell you a little bit even realize they need help. While come to Congress, you have to vote about what it feels like to be a fresh- those who suffer from addiction must yes, you have to vote no, but you have man, what I have learned? I have expe- help themselves, family, friends, and to participate and you have got to get rienced some very interesting things people with drug experience must do involved in the process. I do not believe while I have been here in Washington. their part to help to heal and to make it is right just to be present. You have Mr. KINGSTON. Mr. Speaker, I am whole men and women who have been got to engage. going to reclaim the time to say this to broken by addiction. So I hope this year that the Blue Dog the gentleman from Florida. I am We know the drug trade is a business. Caucus will offer a deficit-free budget. going to be honored to hear what it is Drug traffickers are in that business to I know it is very difficult, because we like from both of you as a freshman, make money, and this Strategy out- are in a time of war; and I think in a but I want to underscore for the folks lines how we intend to deny them rev- time of war that deficits, unfortu- back home that you are experienced enue. In short, we intend to make the nately, are to be expected. That is why legislators. The Secretary of State has drug trade unprofitable wherever we what we are trying to do with the Re- been in the limelight many times be- can. publican budget is make sure that it fore, and the gentleman’s brother is Our Strategy is performance-based, puts us on the glidepath back into get- the gentleman from Florida (Mr. LIN- and its success will be measured by its ting out of the red and into the black. COLN DIAZ-BALART), who is also a Mem- results. Those results are our moral ob- So I am excited to work on a bipar- ber of Congress, and who reminded us ligation to our children. I ask for your tisan basis with the Democrats on this, last night that the gentleman’s family continued support in this critical en- if they can come up with ideas. That is came to America as immigrants when deavor. what we are here for. Put your ideas on he was the age of 4. GEORGE W. BUSH. the table, and let us do what is best for Mr. MARIO DIAZ-BALART of Flor- THE WHITE HOUSE. the American people. It does not mat- ida. I thank the gentleman. The gen- f ter which party gets credit for it. tleman is right, I have been in the Now, having said that, that I want to State legislature for a number of years, WHITE HOUSE DRUG POLICY, THE work with the Democrats on that, I DEFICIT, AND SUPPORTING THE and the private sector; and I have to also want to work with the Democrats admit I have been kind of caught off NOMINATION OF MIGUEL on something else that is not really be- ESTRADA guard by some things in the few weeks fore the House per se, but it is before I have been up here in D.C. The SPEAKER pro tempore. Under the American people, and that is the the Speaker’s announced policy of Jan- nomination of a young potential judge b 1900 uary 7, 2003, the gentleman from Geor- named Miguel Estrada. Some things that kind of hit me kind gia (Mr. KINGSTON) is recognized for 60 Mr. Speaker, it is unfortunate that of in a strange way, I have to admit, minutes as the designee of the major- the Democrats are rejecting the nomi- maybe it is just because of the Wash- ity leader. nation of the first Hispanic on the D.C. ington phenomenon, is how I hear

VerDate Jan 31 2003 04:25 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\CR\FM\K12FE7.074 H12PT1 H436 CONGRESSIONAL RECORD — HOUSE February 12, 2003 things thrown out there that are not he was a naturalized American citizen. Born and raised in Honduras, Miguel based on facts. The gentleman just He came here when he was 17 years old. Estrada arrived in the United States at mentioned some of the qualifications He was not born an American here like age 17 as an immigrant who knew little of Miguel Estrada. I do not know of a I was; he was naturalized. He did not English, but who understood the es- more qualified individual. speak much English until after he got sence of America. Five years later, as a The man, as the gentleman well said, here at the age of 17. result of his unparalleled drive, perse- got here when he was 17 years old, And then there are others, by the verance and vision, he earned a Bach- worked and studied; he was not a rich way, some of them like me born here; elor’s Degree magna cum laude and Phi man, barely spoke the language, some of them, by the way, who do not Beta Kappa from Columbia College in worked and studied and was able to speak Spanish fluently who then claim New York City. educate himself, was able to graduate that Mr. Estrada is not Hispanic Within the following 5 years, he had from Columbia University with honors, enough. graduated magna cum laude again from Harvard Law School with honors, I consider myself, and I am very Harvard Law School, where he had worked in the Clinton administration. proud of my heritage, but I think it served as editor of the Harvard Law The people that he worked with have would be ludicrous if I, who was born in Review and had become a clerk for the said publicly, in writing, that he is a the United States, who obviously was Supreme Court of the United States. decent individual, that he is a hard- born, thank God, was born in the He became an eminent practicing at- working individual, that he is a tal- United States, thank God was born an torney who had argued 15 cases before ented individual, and yet I say to the American, was born into freedom, was the Supreme Court of the United gentleman from Georgia, then I hear born in the land of opportunity, I think States before he was age 40. some strange accusations coming out it would be ludicrous and frankly He served both in the Republican and there which, frankly, I am not used to. maybe a bit offensive if I were to say to Democratic Justice Departments, dem- Because where we served, and coinci- the gentleman from Georgia, to some- onstrating a matchless strength of dentally, the three others of us who body that the gentleman and I know character and an incomparable depth happen to be here right now, as the who was not born in the United States, of professional integrity. Ron Kind, gentleman from Georgia mentioned, who got here when he was 17, who is a who served as chief of staff to Vice are from Florida and the three of us Hispanic, whose mother, by the way, President Gore and the Solicitor Gen- served in the Florida legislature to- got here carrying a 3-year-old child eral for President Clinton, described gether, and it was a wonderful experi- when she came to this country, I think Miguel Estrada as ‘‘An extraordinary ence. And we have heated debates it would be frankly offensive. legal talent and genuinely compas- there, but we are used to at least bas- I think, sir, that the gentleman sionate.’’ ing those debates on facts. Yet, let us would be offended if I said that about On May 9, 2001, President Bush nomi- kind of analyze some of these ‘‘accusa- somebody, that that person is not His- nated Miguel Estrada to serve in the tions du jour’’ that we have heard panic enough. Who am I to say that a United States Court of Appeals for the District of Columbia circuit. He would about Mr. Miguel Estrada. man who got here when he was 17 years We have heard from others in this become the first Hispanic in history to old, barely speaking English, from process, some members of the minority serve on that court, which is widely Honduras is not Hispanic enough. That party, that one of the reasons that Mr. recognized as the second highest court is irresponsible. That is offensive to Miguel Estrada should not be a judge, in the land. The American Bar Associa- me, sir. because he is not qualified to be a tion unanimously awarded its highest But it is just not only that. Here is a judge, is because he is a Hispanic indi- rating to Miguel Estrada, deeming him person who got here at 17, has lived his vidual who got here, as I repeat, when well qualified to serve in this capacity. part of the American dream, and I do he was 17 years old and has lived, real- Mr. Speaker, the Senate has not not think anybody can argue that he ly lived, his part of the American acted on this outstanding opportunity has been a successful lawyer, who dream through hard work, sacrifice, Mr. Estrada’s nomination presents to again worked even in the Clinton ad- dedication. He was not given anything. our Nation. As a judge on the U.S. Dis- ministration, and the people that He earned it. He earned it. Yet, there trict Court for the D.C. circuit, his worked with him, his bosses, his co- are some who have said, well, Mr. story would inspire Americans of all workers have said in writing that he is Estrada is not Hispanic enough. He is backgrounds, while his legal acumen only Hispanic in name. extremely qualified and he is fair. would provide our system of justice Mr. KINGSTON. Mr. Speaker, if the But then some of these other people with an eminently talented defender gentleman will yield, I am from Geor- that are accusing Mr. Estrada with and advocate. gia, I am not Hispanic, the gentleman some ridiculous, baseless accusations Mr. KINGSTON. Mr. Speaker, I yield from Florida is Hispanic. What does like the one that I just mentioned. To to the gentleman from Florida (Mr. not being Hispanic enough mean? Does me, that one is more than ridiculous; it FEENEY). that mean that one’s mama was not is offensive. It is offensive, by the way, Mr. FEENEY. Mr. Speaker, I want to and one’s dad was? The Democrat to all of us of Hispanic heritage, but it congratulate the gentleman from Geor- thinking, how could one not be His- is offensive and should be offensive to gia for joining the Florida delegation panic enough? I mean one is either His- everybody who believes in equality and this evening, and I want to thank him panic or not. the American dream, and that anybody for his wonderful dialogue last night I do not know. I hope the gentleman here, anybody here who works and sac- with my colleague from Florida. I am will tell me, because I would certainly rifices and loves this country can be an glad to be here with two great friends appreciate him clarifying this, because American, and we should not be judg- and colleagues from the Sunshine I am a Republican, and Democrats ing them if they are too Hispanic or State. probably can understand this better not Hispanic enough. I want to tell my colleagues that one than me, but maybe the gentleman has Again, I think that is offensive. of the reasons that my colleague here some insight for all of us. Mr. KINGSTON. If the gentleman tonight from south Florida is so pas- Mr. MARIO DIAZ-BALART of Flor- will yield, as I understand it, that sionate about this issue is that his ida. Mr. Speaker, I can understand the seems to be his biggest crime, because family shares something that appar- reason for that very interesting ques- he is well qualified. But there seems to ently Mr. Estrada is now going tion. be this racial litmus test that the through, and that is suffering because By the way, let me tell the gen- Democrats are putting on him. of their political philosophy. This is tleman a little bit about myself. I was I wanted to invite the gentlewoman not just persecution of a man by deny- born in southern Florida of Cuban par- from Florida (Ms. HARRIS) or the gen- ing him access to the door of the Fed- ents, so I am Hispanic. I am American, tleman from Florida (Mr. FEENEY) to eral bench because of his ethnic back- obviously, 100 percent American, of jump in. The floor is open. ground or because he has assimilated Hispanic descent. Ms. HARRIS. Mr. Speaker, I rise into the American dream too quickly. Mr. Estrada was born in Honduras, today to salute the embodiment of an But there also is a component here, Central America, came over here, and American dream. as we know, that has a philosophical

VerDate Jan 31 2003 04:25 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00042 Fmt 7634 Sfmt 0634 E:\CR\FM\K12FE7.076 H12PT1 February 12, 2003 CONGRESSIONAL RECORD — HOUSE H437 component. There is a litmus test not one of the things we discussed is that I My distinguished colleague from just on how Hispanic one is that is was blessed as a child growing up in Florida mentioned, I think, some of the being set up by the critics of Miguel Athens, Georgia. There were a lot of reasons why he is being treated dif- Estrada, this incredible leader and a Cuban families who had to leave ferently, but I must add a couple facts great American, but there is an also a because of Castro, and they came to to this conversation that we are having litmus test that is based on a certain Athens, Georgia, among other places, today. I have mentioned in the begin- philosophy that they are terrified will but a lot to Athens. Many could not ning how that is something that I have be lived from the bench, and that is speak English, and they were very not seen a lot coming from the other that there are some that would like to similar to families all over Georgia and side. see the bench turned into a completely Florida. Their parents, regardless of I have heard stories. I have heard ac- activist judiciary, full of biases where what their jobs were in Cuba, they ba- cusations, but no facts because one of unelected judges would become a super sically lost often their professional li- the accusations that I keep hearing is legislature. They would rewrite the censes. A doctor or a lawyer, they had that, well, Miguel Estrada cannot be a Constitution. They would ignore the to step down a notch or two. But their judge in this court because he has not laws passed by Congress or ignore kids assimilated quickly. been a judge in a different court and, those that they did not like. Those kids never forgot what free- therefore, he is not qualified. But I did For example, if we look at the First dom was and what it was like to lose a little bit of research, and I found that Amendment alone, there is an estab- it, those families. If anything, I found, five of the eight judges on that same lishment clause that basically is very particularly among, I would say, those court where the President has nomi- clear. It says that ‘‘Congress shall types of immigrants, more patriotism nated Miguel Estrada were not judges make no law respecting an establish- than they afford Americans. They were before. They had no previous judicial ment of religion or prohibiting the free all Americans, but still they did not experience, with all due respect. If that exercise thereof.’’ Because of that, we forget that lesson of having freedom is what makes you qualified, where was have liberal activists saying that pulled out from under them. the outrage for the other five judges, or So, in my opinion, you have some- judges should impose, because they is it only if you are Hispanic do you body who lives in America by choice, know full well elected members in our have to have previous experience as a like Miguel Estrada; he came here great democracy that would never im- judge? And if you are, you cannot serve when he was 17, he could have left pose a provision that would say you on that court and there is no outrage. when he was 21. He could have told his cannot recite the Pledge of Allegiance, Furthermore, I did a little bit more words like ‘‘one Nation under God.’’ parents, I am not staying here in America. But he left Honduras, he research, and I found that two current This is a liberal activist judiciary. And Justices of the Supreme Court were not the real goal here, if I can tell my col- came here. I never met the man, but I would be judges before either, wonderful mem- leagues and the Speaker, is that we willing to bet that he is probably one bers that we respects and admire: want to have a litmus test, according of the most patriotic, God-fearing, pro- former Justice Byron White, a re- to the critics of Miguel Estrada, so American citizens that we have out spected member of that illustrious that unless you are prepared to sub- there today. That has been my experi- body; and the other one by the way is stitute your political bias and your ence with so many of the wonderful im- the current Chief Justice of the Su- judgment for that of the elected rep- migrants who have made this country preme Court of the United States. So if resentatives of the people, then they do what it is today. the requirement, if what makes you ac- not want you on the bench. I wanted to hear what the gentleman ceptable to be a judge and that you are And I will hopefully engage in a dia- has to say, because it is just amazing not acceptable, I should say, if you do logue with the gentleman from Georgia that the gentleman’s family, two sons not have previous experience, where and with my colleagues from Florida so who grow up to be United States Con- was the outrage from these individuals that we can talk about some of the gressmen, the gentleman was telling who say that Miguel Estrada is not real, underlying reasons why this is me earlier, one is an investment bank- qualified because he did not serve as a going to become such a huge battle er, probably making more money than judge before when the other five in here in the Capitol. the ones in Congress, and then the that same court were nominated and I will finish with this, if I may, and other one is a newscaster, probably re- approved and when those Supreme that is that lot of us do not want; we porting to the world what the two in Court Justices were nominated and joined a great justice, Antonin Scalia Congress are doing wrong, so you are also approved? who, in his wonderful book, ‘‘A Matter covered either way. But that is a won- See, there is a double standard. And of Interpretation,’’ says, you should derful American success story and I do not know if the double standard is not have a judge who is going to have American dream, just like Miguel because of his idealogy. I can state a conservative interpretation of the Estrada. that his nomination has been sitting Constitution or a liberal interpretation Mr. Speaker, I think the Democrats there for about 600-plus days. The dis- or a strict interpretation or a loose in- are not just attacking Hispanics with tinguished members of the other party terpretation, but a textural interpreta- this, they are attacking the American had ample opportunity to sit down tion. dream. with him to discuss these issues be- In other words, we want judges that cause now they are saying, we should will apply the rule of law, that will b 1915 have more hearings. Why is it now? read the statutes that we as an elected Mr. MARIO DIAZ-BALART of Flor- They were in control of the Senate body pass, that will look at the text of ida. Mr. Speaker, I want to thank the until just a couple months ago. Why the United States Constitution, that honorable gentleman from Georgia did they not have hearings before if will, in their fairness and wisdom and (Mr. KINGSTON) for those words. they wanted some questions answered? incredible credentials like Miguel I have had the opportunity to speak Oh, no, they did not want hearings Estrada has, will be able to protect the to Miguel Estrada, and what you say is then because they were just trying to wonderful Constitution that we have. just so on target. He is a patriot. He is torpedo the nomination of this indi- Unfortunately, there are some critics 100 percent American. He is one who vidual. He is a fine American and a fine of Miguel Estrada that do not want an came here by choice, who did not ask human being. independent judiciary; they want a lit- for anything other than an opportunity mus test by philosophy of judicial lib- to live in freedom. And he worked hard ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE eral activism, and I find that offensive and he studied hard and he has become The SPEAKER pro tempore (Mr. as well. one of the most prestigious attorneys PEARCE). The Chair must remind Mem- Mr. KINGSTON. Mr. Speaker, I want- in the country. bers that remarks in debate may not ed to get back to the gentleman from And a little while ago you were also include characterizations of the Senate Florida (Mr. MARIO DIAZ-BALART), be- saying how strange is the distin- or its actions. cause I wanted to say I was talking to guishing factor that Miguel Estrada Mr. KINGSTON. As tempting as it the gentleman’s brother last night, and has that he is treated differently for. might be.

VerDate Jan 31 2003 04:25 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00043 Fmt 7634 Sfmt 0634 E:\CR\FM\K12FE7.078 H12PT1 H438 CONGRESSIONAL RECORD — HOUSE February 12, 2003 Mr. MARIO DIAZ-BALART of Flor- gentleman who has done nothing but Mr. KINGSTON. Mr. Speaker, how ida. I am a freshman. I apologize for work hard, study hard, work hard, live much time do we have remaining? that. the American Dream, has given of him- The SPEAKER pro tempore. The gen- Mr. KINGSTON. Mr. Speaker, I want- self because he has worked with two tleman has 35 minutes. ed to underscore what the gentleman is different Presidential administration, Mr. MARIO DIAZ-BALART of Flor- saying that Mr. Estrada is on 632 days for false accusations, for baseless accu- ida. The honorable gentleman from awaiting action by the other body, and sations, for double standards to be used Georgia, if I may, I want to make sure yet it is not happening. against him, so that he does not be- everybody understands something very Now a similar nominee about 3 years come the first Hispanic on that court, important, as I think most people ago, and I mean exactly similar, a man it is frankly very sad. know. With a name like Diaz-Balart, named Merrick Garland, who was also Mr. KINGSTON. It is an outrage. yes, I am of Hispanic heritage. It is Phi Beta Kappa, also editor of the Har- Mr. FEENEY. It is not just the fact something I am very proud of. And vard Law Review, also graduated from that Miguel Estrada, if the critics have with a name like that, I cannot hide Harvard Law School magna cum laude, their way, will be denied the oppor- nor do I want to. But I am not here to was a clerk of the U.S. Court of Ap- tunity to be the first Hispanic ever to support Miguel Estrada because he is a peals, a law clerk of the U.S. Supreme serve on that great court but it is the Hispanic. Absolutely not. I think it Court, everything except this guy was way it is happening. would be a sad day if we were here 44. Mr. Estrada is 41. Everything else is There have been several committee pushing for people based on their race similar, and it took him 100 days to get hearings. Normally judges at this level or their religion or their ethnicity. receive at most one or two committee through. And Mr. Estrada comes along, I am here to support Miguel Estrada hearings. They have had many more seems like the only difference is he is because of his qualifications, because than that. But with respect to the Hispanic, 632 days. he is highly qualified. The honorable Mr. MARIO DIAZ-BALART of Flor- problem and the issues they have had, gentleman from Florida just men- ida. Again, it begs a difference. You they have been unable to identify any tioned that the bar association, what have these incredible double standards. sin that this man is guilty of, either they said and how they qualified him philosophically, with respect to his in- You have the double standards of as the highest qualifications that a tegrity, his background, his impeccable judges that did not have previous judi- lawyer can have, unanimously again, qualifications. And so what they have cial experience, were nominated and that is why he should be a judge. Be- engaged in, the critics of this great approved for the same court that Mr. cause he has worked in the Solicitor man, is a whispering campaign. And Estrada was nominated before. They General’s office and he has been in they are trying, not to vote down the were not judges before, and yet now front of the Supreme Court of the nominee, what they are suggesting, United States 15 times, I believe, has there are some people saying that that these critics, is that we will not have a been fighting in cases in front of the is what disqualifies Mr. Estrada. vote at all. And after all, if the real You have certain people saying that Supreme Court in front of the United reason you are sabotaging the oppor- Mr. Estrada, who, I repeat, was born in States, something that many lawyers tunity for Miguel Estrada to go to the Honduras who came here at age 17, do not do once in a lifetime. He has bench is not something you will admit barely speaking English, worked hard, done it, I believe, approximately 15 in public, then do not have a vote. If it studied hard, became a model Amer- times. Because his academic creden- is something that you are willing to tials are unbelievable, unbelievable, I ican and a wonderful attorney, even stand up with honor and respect in de- know that a lot of the critics that he worked in the Clinton administration bate in a free forum in front of the en- has cannot compare his experience in and actually for more than one Presi- tire world, then go into debate and front of the Supreme Court, his aca- dent. And now they are saying that, have that vote. That is the democratic demic credentials with theirs, his suc- well, this individual is not Hispanic process. cess as a lawyer with theirs. enough. Why this double standard? But to use a procedural mechanism I am supporting Miguel Estrada be- You have some people that have said to deny the opportunity of a great man cause of his qualifications. But what I that, for example, that the ABA’s rat- to get a fair vote up or down, my great have to admit, sir, is hard for me to ing provided the gold standard, Amer- colleague from Florida suggested that swallow. Just like I am not supporting ican Bar Association’s rating provides, this incredible, a man has a 15-to-noth- him because he is a Hispanic, I am sup- they said, the gold standard for how a ing highly qualified vote from the porting him because he is so highly judge should be measured, whether one American Bar Association, but on top qualified as everybody has said, includ- is qualified or not. Well, now those of that the American Bar Association ing, by the way, people like Seth Wax- same people are saying that Mr. says this: ‘‘Vote them up or down. But man, the former Solicitor General to Estrada is not qualified even though do not hang them out to dry.’’ President Clinton who has said, ‘‘He Mr. Estrada got the highest possible The people that want to hang Miguel was a model of professionalism and rating from the ABA unanimously. So Estrada out to dry are afraid to explain competence.’’ Like Ronald Klain, the why the double standard? Why is this to the American people in a public vote former counselor to Vice President Al individual being treated differently why they oppose the nomination. Gore, a familiar face to the gentleman than others just like him with the Now, whether it is for, as some of us from Florida (Mr. FEENEY) and I in the same or less qualifications, with the suspect, that terror that a great His- State of Florida, as we well recall, not same or less merits? Why is he being panic leader that loves the Constitu- one who can be accused of being a right treated differently? tion and a textual defense of the Con- winger by any stretch of the imagina- The gentleman mentioned the case a stitution may not be the liberal activ- tion. He said, ‘‘Miguel will rule justly little while ago of a very similar case ist they want or whether it is some towards all.’’ where he went right through the proc- other political reason, that this would The former Assistant General for the ess. Nobody asked him any questions, be a great opportunity to show the Office of Legal Counsel for President and if you look at those questions that American people that folks from all Clinton, Mr. Randolph Moss said, ‘‘A were asked, they were pretty amazing different backgrounds, diversity, eth- very principled guy, very honest and they were asked. They were total nicity, religions and philosophies can ethical.’’ softballs. And yet Mr. Estrada, who no- be great jurists, I do not know exactly That is why I am here supporting body has been able to say anything what their real motives are and we will Miguel Estrada. That is why the Presi- negative about his record, about his in- never know until we have a fair vote dent of the United States nominated tegrity, about how he has lived his life, under the democratic process that all him for this important position. But I how he has really lived a piece of this of us can all judge up or down. have to tell you something. Just like American Dream. And for these accusa- ANNOUNCEMENT OF THE SPEAKER PRO TEMPORE he should not be supported, endorsed or tions that come out of left field, ridicu- The SPEAKER pro tempore. The get that position because he is His- lous, unfounded, kind of really almost Chair reminds Members to refrain from panic, he should not be denied that po- funny accusations to come out against remarks that characterize actions of sition simply because he is Hispanic. this fine human being, this wonderful the Senate. And that I think is highly offensive.

VerDate Jan 31 2003 04:34 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 E:\CR\FM\K12FE7.081 H12PT1 February 12, 2003 CONGRESSIONAL RECORD — HOUSE H439 Mr. KINGSTON. And that, I believe, written words in the statutes and the harming somebody somewhere some- that is why House Members are speak- Constitution and they should be free to how. ing out on something that really does essentially make it up as they go Mr. FEENEY. If my colleague will not come before the House. But we see along. yield on that point, I just said that the it as the Democrats are after this guy, Others of us believe deeply that judi- people that are criticizing Miguel apparently because he is Hispanic, ap- cial independence is critical, that we Estrada, when they do not even want parently because they do not like his not have an over-excessive interference to have a vote, they want to suggest we views as an American, apparently be- from one branch to the other. I do not ought to have these weird interpreta- cause he challenges their concept of believe the executive, for example, tions of the establishment clause, and the American Dream. ought to be able to fire justices when yet the very people that enacted this In the welfare state mentality you do they do not agree with them. The Con- Constitution, in my hometown where I not want people to climb the ladder. In stitution prohibits that. I do not be- was born, in Philadelphia, thanks to the welfare state, the big-government lieve that the Congress, if we were mad Ben Franklin, a great Philadelphian, approach is keep people down, keep at a particular judge or a bench, should who said this at the Constitutional them low. You do not want them be able to reduce their salaries to pun- Convention when he suggested that upwardly mobile, and then they will ish them, and our Constitution pro- they ought to begin every day, as they depend on the government. They will hibits that. put together the most wonderful docu- depend on our largesse. But that is the The Founding Fathers thought deep- ment that ever defined the relationship pattern he has broken. He has shown in ly about the judicial independence between free individuals and their gov- America that you can make it in from other branches, but they also be- ernment, here is what he said as they America. It is a great country. In lieved deeply that the judges should suggested that they start with prayer. America you can be proud and free and never be independent from the laws and He said, How can it be, basically re- independent. I think that challenges so the Constitution as written, and I want ferring to Matthew, that a sparrow many of the liberals in this town; and to quote Thomas Jefferson in a letter cannot fall to the earth without God’s they do not like him, particularly be- to Thomas Ritchie, ‘‘A judiciary inde- watchful eye, and yet we can create cause he is Hispanic. And I think that pendent of a king or executive alone is this document without his watchful as- is just a sad situation. a good thing, but independence of the sistance? I am paraphrasing Mr. Frank- Mr. FEENEY. I thank the gentleman will of the Nation is a solecism, at lin because, of course, we do not have from Georgia (Mr. KINGSTON). I think least in a republican government.’’ the specific records from that conven- that is especially true, that this man is The bottom line here is that I believe tion. that many of the opponents of Miguel a great role model. But the bottom line is that the peo- Estrada are terrified of this man be- As we have been discussing here to- ple who put our Constitution together cause he believes deeply that the night, Miguel Estrada was not born in do not want us here today, as they lie Founding Fathers wrote what they America, much like Secretary Mel above us in heaven for their great meant and meant what they wrote. Martinez of Housing and Urban Devel- deeds, they do not want us to allow the And I will share one more example of a opment who comes from my commu- legislative branch to hijack the judi- judiciary. I am still with the First nity. We are so proud of our home son cial branch and impose a litmus test Amendment. We will go through all of here in the Cabinet. that judges have to ignore, the written the amendments, if my colleagues like, 1930 words of either statutes or the Con- b in terms of judicial excessiveness and stitution. This is a wonderful man who was not lack of willingness to stick to the text, We are doing our constitutional duty born on American soil, but I can tell but I already started with one portion by speaking out, and I thank the gen- my colleagues Mel Martinez defines of the First Amendment, and I want to tleman for the opportunity to be here. what it is to be part of the American go to another, the freedom of speech spirit and to be a success story. Much clause. Mr. KINGSTON. Well, I thank the like Secretary Powell, who was not Liberal activists have argued, for ex- gentleman and Mr. DIAZ-BALART. born specifically on the continental ample, that freedom of speech protects Mr. MARIO DIAZ-BALART of Flor- mainland of the United States, but now Nazis that want to march through Sko- ida. Mr. Speaker, I do want to just is a model for all of us, not just in the kie, Illinois, a place that had many vic- leave one thought here tonight, which military, but his leadership inter- tims of the Holocaust reside there, and is a sad thought because the facts nationally. yet the freedom of speech provision speak for themselves. Now here is an opportunity for a prohibits and the First Amendment We are seeing what is going on with young Hispanic man at the age of 17 to prohibits school children from singing the nomination of Miguel Estrada and come live the American dream and be Silent Night as part of a Christmas the false accusations, baseless accusa- the first Hispanic on this very pres- choir play. I think that sort of over- tions, almost funny accusations, that tigious court, and some people are ter- reaching is the kind of liberal activism have been leveled against him. But rified that the bottle of success with- that the opponents of Miguel Estrada what is really sad to me is that while out handouts or welfare or any system are insisting on as their litmus test be- our friends, the partisans on the Demo- of, for example, racial quotas, this man fore they will support his or any other cratic side, claim to advocate for diver- can have a huge success and a wonder- nomination. sity, they fight to block the nomina- ful career because of his own merits Mr. KINGSTON. Well, I agree with tion of a well-qualified Hispanic. While and his deep belief in the United States the gentleman. The last thing we need our friends, our partisan Democrats, system and our government. is more whacked-out judges from Cali- take credit all the time for helping the One thing, if I may, I want to talk fornia, no offense to the good judges advancement of minorities to high po- about not just the litmus test that we there, but they seem to certainly have sitions in government, they block the mentioned earlier of whether Miguel their quota of people who say we can- first Hispanic, I repeat, the first His- Estrada is Hispanic enough, because we not pledge allegiance under God, and it panic on the Nation’s second highest do not understand what that means, is really not, let us keep public build- court. but I want to talk about the fact that ings religious-neutral. It is important to note, though, that the litmus test is based on a certain What they want is religious free a filibuster, a parliamentary process to nominee’s judicial philosophy. zones, and yet here we in Congress, this avoid the votes against Miguel Estrada I would suggest to my colleagues very day as we will tomorrow, as we is not only the rejection of a highly that everybody I know supports the no- did yesterday, we started out with a qualified Hispanic, it is a rejection of tion of judicial independence. The prayer. I am standing beneath the sign diversity. It is a very sad day, very sad problem is, some of the critics of that says In God We Trust. Our money day, for our country if this stands. I am Miguel Estrada support the notion of says, In God We Trust, and yet these optimistic that it will not. I am hope- judicial independence meaning the same judges would have all that purged ful that they will dig deep in their judges should be independent by the from the land because it is apparently souls and realize what they are doing.

VerDate Jan 31 2003 04:34 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00045 Fmt 7634 Sfmt 0634 E:\CR\FM\K12FE7.083 H12PT1 H440 CONGRESSIONAL RECORD — HOUSE February 12, 2003 ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE is, 9 million less people are on welfare. gifts for taxpayers, you have got to The SPEAKER pro tempore (Mr. It appears to be significant, the prin- promise us a couple of simple things. PEARCE). Members should avoid any ciples in our welfare reform package Number one, promise that you will improper references to Senate pro- which we will be voting on tomorrow, not get married to anybody who is ceedings. promoting work, improving child well- working because if you do, we will take Mr. KINGSTON. Mr. Speaker, let me being, promoting healthy marriages all of your health care for your chil- give this quote from a member of the and strengthening families, fostering dren away; we will take your AFDC other body. ‘‘The country is at Orange hope and opportunity. Those are the checks, your food stamps. All these Alert. People are stockpiling water and principles behind welfare reform which other benefits will disappear. duct tape.’’ we have stuck to, and I think it is very Number two, you have to promise us ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE important to keep these in mind. that you will not go to work yourself, The SPEAKER pro tempore. The gen- And, of course, none of this was easy. because if you go to work, we will take tleman must refrain from that The Democrat leader, the gentle- away your health care benefits for your quotation. woman from California (Ms. PELOSI), in children; we will take away your food Mr. KINGSTON. Mr. Speaker, I can 1995 said, I hope children throughout stamps, your AFDC checks, your hous- quote somebody without attributing it this country never have to feel the pain ing assistance. to it, I thought. Point of clarification, of this legislation. I hope it does not The third thing that this contract excuse me. pass, and indeed, she and so many oth- wants you to know is that if you have The SPEAKER pro tempore. The gen- ers of the liberal welfare supporting es- additional children while you are stuck tleman may not quote the Senator by tablishment, the status quo supporters, in the system, we will give you bo- name or otherwise. they fought against the legislation, nuses. Mr. KINGSTON. Thank you, Mr. and yet here is a real case. Poor people are not dumb, my col- Speaker, and I will stand admonished. Tanya, a single mother, went on pub- league knows that. They responded to Think about this. The country is at lic assistance when her twin girls were the incentives we set up. Orange Alert. People are very con- a year old, but since completing her So we took advantage of the opportu- cerned about what is going on in Wash- program with CalWORKS, which is a nities provided by the great leadership ington, D.C. In the district that I rep- job training program, she completed it here in the Capitol, allowing the resent, we have 18,000 soldiers who are last year, Tanya has been able to earn States, under the 10th amendment and already in in the Middle East. enough money to purchase her own principles of Federalism, to try to We have thousands of wives and chil- home. Here is Tanya and here are her solve our welfare mess, and what we dren and family left behind. We have two girls. I wonder if that is who the have done is this. We have gone from an economy where the interest rates distinguished Democrat leader was re- 750,000 Floridians stuck on this hor- are not seeming to get the thing going. ferring to, because they do not look rible system of perverse incentives that We have got a budget that is going to like they are miserable or in pain or got them into a trap that they just be in deficit. unhappy. In fact, they are probably could not crawl out of, and we have We have got problems, and yet there very proud to have their own home. gotten them into free opportunities. are those in the other body that want I know the gentlemen, as members of Let me tell my colleagues who the to filibuster somebody who has grad- the Florida legislature, were involved beneficiaries are of this, if I may as I uated from Harvard magna cum laude, in this, and they saw many successes close, on how grateful I am that you who was rated by the American Bar As- from welfare reform on the State level. gave Florida the opportunity while I sociation as highly qualified, and that Mr. FEENEY. The gentleman from was there and while my colleague from is the priority during an Orange Alert, Georgia is so right. This is one of the south Florida was there. wartime, of a bad economy? greatest success stories of my legisla- Taxpayers are huge beneficiaries be- I agree with the gentleman from tive career. I am sure my colleague cause they do not have to support peo- Florida (Mr. MARIO DIAZ-BALART), it is from south Florida will tell the gen- ple that are out there successfully a sad day, but I am hoping that we can tleman the same thing. working in their environment. Fami- get this thing turned around, and I am Because of what the Congress did, we lies are beneficiaries because many hoping that people like the gentleman in the State of Florida were able to men actually are no longer the enemy speaking out is going to make a dif- enact reforms that actually took some of people that need help. We have de- ference. 780,000 Floridians off the welfare rolls, signed a system that can reunite the I wanted to, if the gentlemen have off of complete dependence on govern- mom and dad. That is great for the en- time, make a comment on a piece of ment and basically created opportuni- tire family. It is especially great for legislation we are going to be passing ties and freedom and work and jobs for the mom and the dad that can spend tomorrow in the House, and I think it them. And we now are down to less time together and the children that is very important, and I want their than 150,000, almost a 75 percent reduc- can have the benefits of a two-parent comments because when the gentlemen tion. We are so terribly proud of that. family, which we know is so important. were elected as freshmen in December, As the gentleman knows, the old sys- we were all up here meeting them and tem of welfare was set up by compas- b 1945 one of their members said to me, I sionate people, by people with big Third is the huge benefits to single think it was the gentleman from Ari- hearts, but what they really did not re- moms, who now get up at a certain zona (Mr. FRANKs), he said, Tell me, alize is what the effect of the system time, get cleaned up, get showered, get you have been in Congress 10 years, that they built actually had on indi- off to a job where they are contributing what do you think the most important vidual decision-making. Because as the members of society and taxpayers. thing that you have done is, what is gentleman from Georgia knows, poor They do not have to feel like they are the most significant piece of legisla- people are not dumb. They respond to enslaved by a system they cannot get tion? the same incentives as the rest of us. out of. Those are all beneficiaries. It is a hard question. There are a lot If we look at the old welfare state in But the most important benefits I of things that have gone on that I America, what it told, particularly and would suggest we have not even seen voted for and I voted against and de- primarily young women with children, yet. Because we have a whole genera- bated on and had the privilege to de- what it told them was this, look at it tion of young children in Florida and bate on, and yet I said, probably wel- like a contract lawyer would look at it. throughout the country that are grow- fare reform is the most significant, the It said, we will give you free gifts from ing up not watching their role model or one that has affected the most lives in government. We will give you AFDC their main parent watching TV all day a very positive sense. checks, housing assistance, food or engaging in some more pernicious In 1994, when so many of us got to stamps. We will give you health care behavior, such as drugs, prostitution or Congress, there were 14 million people for your children, some 72 other enti- black-marketing. They are watching on welfare; in 2001, 5 million. That is 5 tlement programs that you may be eli- the people that are raising them get million too many, and yet the reality gible for. But in order to get these free into the work system, be part of the

VerDate Jan 31 2003 04:34 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 E:\CR\FM\K12FE7.086 H12PT1 February 12, 2003 CONGRESSIONAL RECORD — HOUSE H441 American Dream, pay taxes, and be of people getting off welfare and get- hunger is not the major problem we contributing members of society. I be- ting to work. That would be a miracle have with today’s youth after 6 years lieve that there is a long-term dividend in government. We would all be ec- of welfare reform. in the psychology and the culture of static. That happened in welfare re- Mr. KINGSTON. Mr. Speaker, here young children thanks to what we ac- form. And the true recipients of this are some interesting statistics: 3.6 mil- complished on welfare reform. wonderful experiment, the ones that lion fewer Americans live in poverty I am so honored to be here now as we broke out of the cycle of poverty, are today than they did in 1996; 2.7 million work hard to reenact this liberating those poor people, poor decent Ameri- fewer children live in poverty today bill, and I thank the gentleman for his cans that for a generation were told than in 1996, including 1 million Afri- leadership. that they would always be there. can American children. These are sta- Mr. KINGSTON. Mr. Speaker, I My colleagues may well recall the tistics, incidentally, by the U.S. Census thank the gentleman for his comments, naysayers. The gentleman just pointed Bureau, not by the Republican Party or and I now yield to the gentleman from out a couple of those naysayers, saying the committees in charge; but these Florida (Mr. MARIO DIAZ-BALART). this is going to destroy the country; are stats that I think people in the Mr. MARIO DIAZ-BALART of Flor- that it was going to destroy the poor honest spirit of debate need to talk ida. Mr. Speaker, one of the things that people. No, it helped more than any- about. my dear friend and colleague, the hon- body else those poor people who are I think it is good to have criticism orable gentleman from Florida, central now working, earning a living, and are and opposition on legislation, because I Florida, and, if I may add, a wonderful a part of the American Dream. It would think that it makes the legisla- part of the State, that is a free plug helped the taxpayers by giving them a tion better. We should bring our ideas while I can, stated something that is little bit of relief, and it was a wonder- to Washington. Both of my colleagues very true. The poor who are stuck in ful thing for the country. are from Florida and have served in the this cycle of dependence to this horren- And as my colleague, the gentleman State legislature together, but one is dous system that we had before, the old from Florida (Mr. FEENEY), just said a from south Florida and the other from welfare system, did not want to be that little while ago, I am so proud first to central Florida. When I served in Geor- way. We have to be very clear about have been a part of it in Florida when gia, I was from south Georgia, or coast- this. Poor people that were on welfare the United States Congress and the al Georgia, which I still am, but when did not want to be dependent on gov- leadership of the United States Con- we come up here we are taking on a ernment. gress gave our State the opportunity to bigger role. We bring our ideas, be it Unlike what some would like to be- participate and break the dependence from south or central Florida or coast- lieve, that these are people that did not on government and that cycle of pov- al Georgia, we bring them up here and, want to work, that were just there be- erty for millions of people, hundreds of if they are so good, doggone it, we cause that was their choice, that was thousands of people in the State of ought to be able to get 218 people to their number one choice, no, these are Florida. I am also so proud to now be agree with us. And if they are not good people. These were people that here; and, hopefully, we will be a small founded in substance and fact, probably wanted to work, but all they needed part in making sure that this wonder- we are not going to get that to happen. So I think criticism is good, but I was an opportunity; and yet they were ful reform moves forward so that we think it has to be founded on facts; and stuck in this system that forced them can continue to help those that are that is one of the things we do not have to stay in that system. They could not truly needy; those that really need the save money to buy a piece of property around here. help; and, yes, also create a system Mr. Speaker, we are running short on because they would lose their benefits. that breaks that cycle of dependency time, but I know we have a few min- So, therefore, they had to stay in the and of poverty. utes, and certainly if the gentleman system. That is the cruelty of this sad Mr. KINGSTON. Well, Mr. Speaker, from Florida (Mr. MARIO DIAZ-BALART) joke that was the old welfare system. the gentleman spoke of naysayers. wanted to add a few comments. And the people that really hurt, yes, Here is what the gentleman from New Mr. MARIO DIAZ-BALART of Flor- the taxpayers had to pay a lot of York (Mr. RANGEL) said, who is the ida. Mr. Speaker, I just wanted to money for this broken system, but the ranking member on the Committee on thank my dear friend, the honorable people that were really hurt were those Ways and Means, a distinguished man, gentleman from Georgia, for this op- that were forced into the cycle of de- but clearly wrong on this: ‘‘The only portunity. pendence, dependence on government. losers we have now are the kids.’’ I do want to end just again reminding So now, where are those people? And yet here is another face of pov- all my friends and all our friends in Where are they? Millions of them, mil- erty, another success story: Mr. Bruce this august Chamber and also the lions of Americans, are now working. Mullins lost his home and entered the Chamber next door that we have a his- They are earning a living in the free Welfare to Work program in September toric opportunity, a historic oppor- marketplace. It is not easy; it is tough. 1998. He now has a life of joy and prom- tunity to pass welfare reform in order Hey, life is difficult. They have got to ise for himself and his two children. to continue the gains that we have work hard. We know that. But they are Here is a picture of Mr. Mullins and his made in the past. We also have a his- working hard, and they are proud of it. kids, and they do not look like losers. toric opportunity to do something that They are paying taxes and they are They look very happy. has never happened, which is to have leading by example. So, yes, this is The gentleman from New York (Mr. the first Hispanic in the D.C. Court of wonderful for the taxpayers, but let me NADLER), a friend of mine, as they all Appeals. It would be a wonderful thing just say that it was even more wonder- are, but friends can be wrong, in 1996 for all Hispanics, but more importantly ful for those millions of Americans said, ‘‘I am saddened that today it it would be a wonderful thing for the that were finally allowed to break out seems clear that this House will abdi- entire country, a beautiful sign that di- of this vicious cycle of dependence and cate its moral duty and knowingly vote versity is acceptable and accepted. of poverty. That is the untold story, I to let children go hungry in America.’’ Mr. KINGSTON. Mr. Speaker, I think, in this wonderful experiment Pretty harsh words. Pretty wild pre- thank both gentlemen from Florida, that was called welfare reform, that I dictions. and I appreciate their time this think worked better than any of us Mr. FEENEY. Mr. Speaker, if the evening. gentleman will yield for just a second. ever suspected. f We knew that the system was bro- Sadly, the truth of the matter is we ken. In Florida, we knew that the old have been told by our Surgeon General BLACK HISTORY MONTH system was broken. I did not expect and other experts that the biggest The SPEAKER pro tempore (Mr. the results to be so dramatic, so unbe- problem children have in America PEARCE). Under the Speaker’s an- lievably dramatic. Imagine if in the today is not hunger but obesity. After nounced policy of January 7, 2003, the rest of government we could get in- 6 or 7 years of welfare reform, we need gentleman from Maryland (Mr. creased performance by 75 percent, or to get back to exercising, working out, CUMMINGS) is recognized for 60 minutes close to 75 percent, as we did in Florida and into good nutrition. But certainly as the designee of the minority leader.

VerDate Jan 31 2003 04:34 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00047 Fmt 7634 Sfmt 0634 E:\CR\FM\K12FE7.089 H12PT1 H442 CONGRESSIONAL RECORD — HOUSE February 12, 2003 Mr. CUMMINGS. Mr. Speaker, I rise States of America representing 619,000 Lincoln, a member of the Republican today in my role as Chair of the Con- citizens of rural, poor, eastern North Party, a party that supported civil gressional Black Caucus for the 108th Carolina, known as the first congres- rights at one time, a party that sup- Congress to talk about Black History sional district. ported the enfranchisement of African Month and the state of our union for I am honored to be here as a fresh- Americans and former slaves. Yet as Americans of color. man member of the 108th Congress. It we stand here today, the leader of that Throughout the month, we should all is amazing that princes and kings and former great party and the President of take a moment to remember the heroes clowns that caper in sawdust rings, and our country has come out foursquare whose legacies of service have shaped ordinary people like a young boy who against the concept of affirmative ac- this great country, America. grew up on a tenant farm in Bertie tion; and therefore I will contend that We should remember Rosa Parks, a County under civil rights, the 13th and he is against Black History Month. leading force behind the 1955 Mont- 14th amendments to the United States Why do I say that? What is Black gomery bus boycott. Activist Fannie Constitution, the Voting Rights Act, History Month if it is not affirmative Lou Hamer, the daughter of share- the Civil Rights Act, all of the great action? There was a time when those croppers who fought for African Amer- decisions of the United States Supreme who wrote history left out of the pages ican suffrage in Mississippi. Dr. Charles Court guaranteeing that we hold these of history about people of color, and so Drew, whose blood plasma research has truths to be self-evident; that all men, Carter G. Woodson came along, and as saved millions of lives. Their bravery including Africans in America, are cre- he read the history books, as he read and sacrifice must not be forgotten. ated equal and that they are endowed the tabloids, he did not see anybody in While we celebrate the past, we also by their creator with certain the books that looked like him, and he should honor the African American unalienable rights, among them life, saw none of the great works that Afri- women and men who are making a dif- liberty and the pursuit of happiness. cans were doing in America. And so he ference today. We should thank Marion started what became Black History b 2000 Wright Edelman for her tireless work Week, affirmative action, and then it on behalf of America’s children. We And I want to say that as we have became Black History Month, affirma- should salute the nearly 300,000 African struggled to gain equal rights and civil tive action. American men and women who proudly rights and to celebrate those rights and And now we have an opportunity serve in our military. We should ex- to build on those rights and to have the under a plan that has been approved by press our gratitude to the hundreds of opportunities to work, to earn our liv- the United States Supreme Court to thousands of African American police ing, to pay our taxes, to build institu- say that race can be one factor in de- officers, firefighters, and first respond- tions, to build businesses, to send our ciding admissions to the University of ers who dedicate their lives to serving children to college, yes, to historically Michigan, and we find that the Presi- and protecting us. Their constant acts black universities founded by people dent is opposed. I am going to close by saying it is a of sacrifice serve as a model for all of fresh out of slavery, and even to those long journey from Africa to America. us. universities that at times in the past During Black History Month, the have denied our entry. It is a long journey from slavery to freedom. It is a long journey from the Congressional Black Caucus embraces Is it not amazing, as we stand here back of the bus to being the driver and this year’s theme as determined by the tonight, there are great debates going owner of the bus company. But we have Association for the Study of African on in these halls of this prestigious in- made it, and I contend that one reason American Life, whose theme is: The stitution known as the United States we did was because of those human Souls of Black Folk: Centennial Reflec- Congress, and I am told that the debate rights that were at one time properly tions. We encourage all Americans to that was going on a minute ago about enforced, and I hope and I pray that commemorate our shared past and issues of welfare reform that this ma- jority and this Congress, this Repub- they will be in the future. work together toward creating a more Mr. CUMMINGS. Mr. Speaker, I want lican majority, Mr. Speaker, is going just and fair society. to thank the gentleman and to say to to use brute power and minutia rules Mr. Speaker, tonight, I, along with him that several members of the cau- to deny freshman Members like me my my colleagues, want to take this time cus were moved, I think it was just civil rights and to deny my constitu- to reflect on the state of our union and yesterday, when the gentleman was ents their rights, their constitutional focus on the issues that are central to talking about how at one time he was rights, to have an opportunity to de- the lives of most Americans; issues plowing fields and did not imagine bate those issues involved in the wel- like education of our children, access himself in the Congress of the United fare rights reform bill. to health care, for any who might need States of America. And so many mem- That is to say, in this great, and I it, prescription drug coverage for our bers of the Congressional Black Caucus will call it the ‘‘great depression’’ that seniors, civil rights protections for all have similar stories, have come Americans, economic security and na- we are going into, where we are losing through very, very difficult times and tional security. jobs all over this country because the are doing everything in our power During the 108th Congress, we will party in power wants to give a tax cut every day and every hour to make sure face many challenges. We will face the to some rich Americans, and therefore our children and our children’s chil- challenges of securing our homeland, we have no jobs. And now we have a dren have these same opportunities. getting our economy going again, put- bill that is going to say that people One area that is clearly of great im- ting people back to work, closing the who cannot get a job have to work even portance to the souls of black folks education and health care gaps that longer hours or they will be thrown off would be our health care, and we are exist in our communities, providing the welfare rolls whether they deserve very honored to have in our Congres- prescription drug coverage for our sen- this assistance or not. Would it not be sional Black Caucus the gentlewoman iors, and thwarting those who want to one of my civil rights? from the Virgin Islands (Mrs. roll back civil rights protections. And I know it is my constitutional CHRISTENSEN), whom I will yield to. Mr. Speaker, it gives me great honor right as a Member of this body to have Mrs. CHRISTENSEN. Mr. Speaker, I and it is a privilege to yield to the gen- an opportunity to debate that issue, to thank the gentleman for yielding. tleman from North Carolina (Mr. debate whether or not we are going to As amazing as it is, the words of the BALLANCE). have funds to provide child care ade- distinguished African American schol- Mr. BALLANCE. Mr. Speaker, I quate so that those parents who are ar, Dr. W.E.B. Dubois, resound as loud- thank the gentleman for yielding to threatened to be thrown off welfare ly today as they did when he first me, our distinguished Chair of the CBC. will indeed have an opportunity to go wrote them more than 100 years ago. I am honored and, indeed, I am right to work or to go to school. How appropriate and on target are his proud that in the middle of a month Yes, in the midst of this Black His- words as he remarks on the lack of that has been set aside as Black His- tory Month, we celebrate the birthday health care for African American at tory Month to stand in the well of the of Abraham Lincoln, the author of the that time and as we compare them to House of Representatives of the United Emancipation Proclamation. President our situation today.

VerDate Jan 31 2003 04:34 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00048 Fmt 7634 Sfmt 0634 E:\CR\FM\K12FE7.091 H12PT1 February 12, 2003 CONGRESSIONAL RECORD — HOUSE H443 I want to take the liberty, though, of and our Congressional Black Caucus Montgomery, Alabama, is no longer focusing on his treatise on the ‘‘Phila- agenda reflects that. ‘‘Broadly speak- in my district, but it is my hometown, delphia Negro’’ because in chapter 10 ing,’’ he wrote, ‘‘the Negro, as a class, and of course it is the city where Dr. we see in his description a clear indict- dwell in the most unhealthful parts of King picked up the torch of the civil ment of this Nation’s health care sys- the city’’ and have ‘‘a large degree of rights movement in part of the 20th tem as it existed in the African Amer- poverty.’’ We still have the lowest in- century and gave it so much of its vi- ican experience. One hundred years come levels, the highest unemploy- brancy and so much of its currency. ago, and shamefully still today it has ment, and many of us still live near What is striking about my district in been bereft of both health and care. In toxic sites. 2003 is that if Martin Luther King short, while there have been some ad- But the most compelling statement could somehow come back and visit vances in the last 100 years, on the in that chapter in the Philadelphia west Alabama and visit the battle- whole, nothing has changed. Negro, which I would ask us all to con- grounds on which he fought, he would Several recent surveys, for example, template as we go through yet another see cities and counties that look very clearly show that the general public term, another budget process in the much the same as they did four decades even today thinks that health status face of these glaring disparities in ago. and access to care is equal among all health is this: b 2015 population groups. In this, we echo Dr. Dubois wrote: ‘‘The most difficult what Dubois wrote over 100 years ago social problem in the matter of Negro The rate of poverty in four counties that ‘‘the fact of high death rates and health is the peculiar attitude of the in my district hovers around 40 per- other signs of neglect of the laws of Nation toward the well-being of the cent, 40 percent in times of economic physical health have not yet been ap- race. There have, for instance, been few growth and 40 percent in times of eco- prehended by the general public,’’ he other cases in the history of civilized nomic decline. It is a constant condi- wrote. After a wealth of articles and people where human suffering has been tion of despair. scientific and lay journals, reports viewed with such peculiar indiffer- We have talked about health care to- commissioned by this body and with ence.’’ night. Eight hospitals in my district Given the many deaths caused by the the Congressional Black Caucus and have closed their doors in the last 2 lack of health insurance in this, the other organizations representing peo- years, and suffice it to say that the dis- last industrialized nation that does not ple of color giving voice to the inequi- proportionate number of people who guarantee health care to its residents, ties in health at every opportunity, my have been disenfranchised on the given the cuts or level funding of pro- question is, is anyone listening? health care front in my district have Infant mortality in our community is grams designed to address our health been people of color. 2.3 times more than in those of our care deficiencies, the refusal of the de- If Dr. King could somehow travel partment and this body to target dol- white counterparts. AIDS affects Afri- through the streets of Birmingham lars to build capacity in our, the most can American eight times more than it today, he would find parts of that affected, communities, the movement does whites. Death rates from heart inner-city that look exactly as they did to remove the words ‘‘minority’’ and disease are 30 percent higher in blacks. 40 years ago. He would see young black ‘‘disparity’’ from the health lexicon, Our incidence of diabetes is more than men, able-bodied, casting about look- and the failure to respond adequately twice as much as in the white popu- ing for some anchor in their life, look- to the recommendations of several In- lation. The black male has the lowest ing for some economic anchor in their stitute of Medicine reports on the in- life expectancy of any population group life. equities of health care among people of in our country, and in our hemisphere Too much of my district, which has color and those who speak different its urban and rural components, too only men in have a lower life ex- languages in this country, I think it is pectancy than those in our Nation’s much of my district looks like America appropriate for us to ask ourselves the looked in 1963; and that does not say as Capital. question whether this attitude has in- The chapter on Negro health also fo- much as it should say about where this deed ever changed in the more than 100 cuses on the lack of reliable or com- dream stands. Forty years after the years since those words were written. fact, 40 years after the battles of 1963, plete statistics, which is still an issue Mr. CUMMINGS. I thank the gentle- America stands frozen in so many that is very relevant today. Just last woman. week we cosponsored a Hill briefing on Tonight, as we celebrate Black His- ways. the Institute of Medicine’s report on tory Month, we look at all aspects of I had an opportunity to give a speech public health for the 21st century. In African American history and again re- to a high school class in Selma, Ala- that briefing, the importance of col- flecting on our theme, the Souls of bama, on Martin Luther King Day. lecting accurate data for minorities Black Folks Centennial Reflection, we Selma is a racially divided city. It is a and using this data to build research, have the gentleman from Alabama (Mr. city that is 60 percent black, 40 percent white. As I stood in the gymnasium, treatment, and prevention infrastruc- DAVIS), one of our new Members, who tures was stressed. It is essential if we has been just a tremendous asset to us, Mr. Speaker, I looked around the gym- are ever to close the gaps in health sta- and we are anxiously looking forward nasium as I got to the part in the tus, as we must, that we collect and to continuing to work with him. speech where I talked about Dr. King’s analyze important data on race, eth- Mr. DAVIS of Alabama. Mr. Speaker, legacy of integration, and it struck me nicity, and other socioeconomic factors I thank the gentleman from Maryland all of a sudden that every single stu- that are relevant or cause them. (Mr. CUMMINGS) for yielding to me. dent sitting in that gymnasium was Dubois also spoke of poor health in- I have the distinction of representing black. In a public school, 49 years after frastructure, as he termed it, ‘‘the lack the Seventh District of Alabama Brown v. Board of Education, 38 years of nearly all measures to prevent the which, as so many people should know after the Selma to Montgomery march, spread of disease.’’ This is the state if they do not, is the home of the civil the legacy is a segregated public school still of our deteriorating health care rights movement in this country. It is system. And with inequality comes dis- infrastructure in our community and the battlefield where so many of the parity in resources; with separateness many rural communities. A chilling battles were fought in the 1960s: The comes a separateness in resources. thought in days such as these, where City of Birmingham where 40 years ago The dream is in an interesting state we are on high alert for a chemical or this April, children were marshaled in today, because too much of America is biological terrorist attack. If our com- defense of equality in this country, and financially unchanged, unchanged in munities are not prepared to protect they were met with literally the teeth every measure that we could possibly our residents and respond to any such of dogs and the bite of fire hoses; draw on the floor of this House. attack on their behalf, then no one is Selma, Alabama, where 38 years ago in- People sometimes wonder why we prepared and no one can be protected. dividuals had to march across a bridge have a Congressional Black Caucus. We in this caucus recognize, as under a threat and rumor of sniper fire People sometimes wonder why we have Dubois did back then, that health does in order to petition for their right to Black History Month. They wonder not exist in an unhealthy environment, vote. why there is a need to continue to talk

VerDate Jan 31 2003 04:34 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00049 Fmt 7634 Sfmt 0634 E:\CR\FM\K12FE7.092 H12PT1 H444 CONGRESSIONAL RECORD — HOUSE February 12, 2003 about these things. And my answer to tion. Our communities are worried fields: law, medicine, physics, the mili- them is this: as long as we have a coun- about the uncertain state of the econ- tary, education, journalism, music, try where the conditions of one’s life omy, the loss of jobs, the growing theater and literary arts. are determined in large measure by the budget deficit, the budget cuts, which But we must remember outstanding conditions of one’s birth, the American threaten to eliminate vital services for men like Ralph Bunche, the United Na- Dream is not what it ought to be. As our children, students and for our sen- tions Undersecretary who became the long as we have a country where the ior citizens. first African American to receive the lifespan of a black child born today dif- We are going to work diligently in Nobel Peace Prize. fers dramatically from that of a child the months ahead to address these We honor the memory of Thurgood of any other race born today in this pressing concerns and to try to prevent Marshall, the first African American to country, there is a story that still the gains that African Americans have become an Associate Justice of the needs to be told. made from being reversed. U.S. Supreme Court with the great Some say, including Justice Scalia, We have all been touched by the re- May 17, 1954 case that he argued. that we can get past the problem of cent tragedy which took the lives of While we are speaking of firsts, let us race if we stop talking about it. That seven astronauts aboard the Space congratulate our colleague, the gentle- sounds good, but that is not the world Shuttle Columbia. They represented the woman from Ohio (Mrs. JONES), who that we live in. The world that we live best of our Nation and our world: cour- made history last month by becoming in is one in which we have to keep age, diversity, optimism, and the pur- the first African American woman to talking about these struggles, because suit of scientific knowledge for the bet- earn a seat on the prestigious House so many people have never lived them; terment of humanity. Committee on Ways and Means. but they have also never lived the les- Among the crew were a young woman We also pause to continue the debt of sons of that time. from India who immigrated to the gratitude we owe to strong women of We are the country that we are United States of America to follow her the past, like Sojourner Truth, the ab- today; we are the envy of the world be- dream, and with the Columbia mission olitionist and orator who risked her cause of a very simple promise. The she became the only Indian woman to life, and Harriet Tubman, who helped promise of America is that wherever travel into space; an Israeli man whom conduct the Underground Railroad. you begin, you have an opportunity to his country loved, the first Israeli as- As a former teacher, I am committed rise. That is the rhetorical reality of tronaut, a symbol of national pride for to passing along stories of African our country. Until it becomes the po- Israel; and an African American astro- American heroes to our children and litical reality and the economic reality naut from New York who was formerly grandchildren, so that they may dream and the social reality, we fall short of a lieutenant colonel in the Air Force, of achieving great things in their lives. the American Dream, and the state of Michael Anderson. I am proud of the fact that my broth- this union is in some disrepair. He was an outstanding student of er, William Payne, who serves in the So I call on all people of conscience physics and astronomy who was se- New Jersey State Assembly, authored to recognize that America has work to lected by NASA in 1998 to make his a bill which was signed into law which do. I call on all people of conscience to first flight, which was aboard the the Governor of New Jersey, which es- recognize that there are battles that Space Shuttle Endeavour. It traveled tablishes the New Jersey Amistad still need to be fought. Because until 3.6 million miles in space during 138 or- Commission to develop teacher-train- we smooth out the gaps in this society, bits around this world to reach the Mir ing programs to promote educational until we tear down the walls that con- Space Station. and awareness projects regarding the tinue to divide us, the legacy that we In 1998, there is a picture on my wall things that African Americans have honor and the dream that we honor is that I took with Michael Anderson done and their descendants, and the Af- incomplete. There is work that needs when he came to my Washington office rican Americans’ contribution to the to be done, and that is the unfinished to discuss how he could try to get more development of this country. task of this caucus. African American boys and girls in- The commission will work to pro- Mr. CUMMINGS. I want to thank the volved in the space program, in phys- mote a more comprehensive study of gentleman. ics, in mathematics, and he was talk- African American history by revising The gentleman mentioned Martin ing about promoting more interest in the history books of New Jersey and Luther King. Certainly we are very NASA. promoting more extensive classroom proud of all that Dr. Martin Luther In fact, there was another African discussion. The Amistad Commission is King did. One of the things he said is American astronaut whose name was named after the enslaved crew of the that a citizen must assert the full Robert E. McNair, who was one of the ship Amistad, who organized an upris- measure of his citizenship, and the seven crew members killed on the Chal- ing in 1939 to gain their freedom. The very things that this Congressional lenger that exploded 73 seconds after its crew had their case successfully argued Black Caucus stands for are merely as- launch on January 28, 1986. On this before the United States Supreme serting the full measure of our citizen- mission he was supposed to carry out Court. ship. extensive studies on Halley’s Comet. As I conclude today, as our Nation One thing about asserting the full Another African astronaut, Fred- awaits and watches the possibility of measure of your citizenship, you have erick D. Gregory, served as the com- war which continues to loom, Black to serve, and you have to serve this mander of the Space Shuttle Discovery, History Month is a good time to reflect country, and African Americans have which also performed important mis- that many African Americans have played very significant roles in the sions for NASA. given service to our country. military, have played very significant The first African American woman to African Americans fought in every roles in exploration, in space. join the space program, Dr. Mae major battle of the Revolutionary War: I am very pleased now to yield to the Jemison, traveled aboard the Space Lexington, Concord, Bunker Hill, Tren- distinguished gentleman from the Shuttle Endeavour on September 12, ton, Long Island, Valley Forge, and great State of New Jersey (Mr. PAYNE). 1992. Dr. Jemison is a chemical engi- Yorktown. Crispus Attucks, an African Mr. PAYNE. Mr. Speaker, I thank neer, a scientist, physician and astro- American, on March 5, 1770, was the the gentleman very much. Let me com- naut, who worked as a Peace Corps vol- first person to give blood at Boston mend the chairman of the Congres- unteer, a medical officer in Sierra Leon Commons where he was brought down sional Black Caucus for the out- and in West Africa. by the British when he protested tax- standing job that he has done in the Looking back in history this month, ation without representation. short time that he has been in that po- we pause to remember the men and It was a black Minuteman, Peter sition. I think that we will reach all women who laid the groundwork, often Salem, at the battle of Bunker Hill, kinds of heights with his leadership. at great personal risk, for the benefit when they said don’t fire until you see Mr. Speaker, as we commemorate of future generations. the whites of their eyes, who brought Black History Month this year, there is We are reminded that African Ameri- down Major Pitcairn, who led the Brit- a sober and anxious mood in our Na- cans have achieved greatness in many ish military.

VerDate Jan 31 2003 05:25 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00050 Fmt 7634 Sfmt 0634 E:\CR\FM\K12FE7.094 H12PT1 February 12, 2003 CONGRESSIONAL RECORD — HOUSE H445 In the we had many top Af- colleague from the great State of Geor- Lieutenant Flipper served at the rican Americans. In 1862, the First gia (Mr. BISHOP), who is going to ad- time of the legendary Buffalo Soldiers, Kansas Colored Volunteers won one of dress and will continue on with some of the thousands of black cavalrymen who the first battles at Island Mound, Mis- the things that the gentleman from were deployed in the West for some 20 souri. There were 168,000 black combat New Jersey (Mr. PAYNE) was talking years to protect settlers, escort wagon troops in addition to 200,000 members about with regard to our contributions, trains, assist homesteaders in remote of service units in the War Between the military contributions. areas, even carrying the mail when no States. Mr. BISHOP of Georgia. Mr. Speaker, one else would, playing an invaluable One out of four Union Navy personnel by learning about the good and the bad role in our Nation’s growth and devel- was black. The black calvary, with the things that happened in our past, we opment in the late 19th century. Buffalo Soldiers, showed their impor- gain a deeper understanding about how These young men, mostly in their tance at the Battle of San Juan Hill, to correct the bad and preserve and early 20s, came from many States in where they prevented the Rough Rid- strengthen the good. That is why the the aftermath of the Civil War, who en- ers, Teddy Roosevelt, from being anni- study of history is important. It tells dured harsh and often dangerous condi- hilated at San Juan Hill. It was the us about the past and it guides us to a tions in the performance of their duty Buffalo Soldiers that saved him, but we better future, for he who understands and they were greatly relied upon. heard very little about them. As a mat- his past controls his future. There are countless stories, like the ter of fact, they had a lower desertion Black History Month is important time 34 Buffalo Soldiers came to the and alcoholism rate than any other for just this reason. I commend the rescue of a railroad camp which was calvary people in our history. gentleman from Maryland (Mr. under attack by a Cheyenne war party Concluding, W.E.B. DuBois in World CUMMINGS) and the members of the during the Indian wars. The soldiers War I said, in spite of the problems, Congressional Black Caucus for arrang- broke through an encirclement of more ‘‘first your country, then your rights,’’ ing tonight’s Special Order, and I than 100 warriors and successfully de- and urged African Americans to go to thank all of our colleagues for their fended the workers, who were all saved. war. support and for their participation. Many were seriously injured, one fa- The 369th Regiment from Harlem At a time when our country is in- tally. But, as always, they did their spent 181 days in the trenches, a half a tensely focused on national security, I duty bravely. year, without relief. This is history will talk about some of the many Afri- Many of the senior military leaders that no one knows about. And no one can American contributions to our Na- who were still in office when the ever spent 181 days in the trenches. Yet tion’s safety and well-being. Many have Tuskegee Airmen were formed in 1941 a person who lived a block from me, lost their lives in combat. They are would have been familiar with the Mr. Needham Roberts, along with Pri- part of a long tradition of service and story of the Buffalo Soldiers and their vate Henry Johnson, captured 30 Ger- sacrifice. As the gentleman from New record of service. Certainly the Buffalo mans and held them for weeks, and Jersey (Mr. PAYNE) pointed out, that Soldiers helped pave the way. people still do not know how they were goes back to the Revolutionary War The military was still segregated at able to keep this large number of Ger- when more than 5,000 blacks served on the outbreak of World War II, and the mans at bay. the front lines. all-black fighter group that was acti- My Uncle John Garrett was in the in- By World War II, with black leaders vated at the Tuskegee Army Airfield vasion of Normandy. When that was calling on black citizens to fight fas- had to deal with racism and prejudice over, D-Day, they allowed the white cism abroad and racism at home, more every day. But the commitment of the troops to march through the Arch of than a fifth of our men and women in pilots and the crews and the support Triumph; but the black troops were uniform were, in fact, African Amer- personnel never wavered. They stead- brought up a day later, and they were ican. Today, more than ever, blacks are fastly went about their duties, about unable to march through the Arch of at the forefront of defending the Na- their business, and eventually flew Triumph. tion, from the lower ranks to the top scores of combat missions in Italy and President Eisenhower, then general echelons of military leadership. other areas of Europe. They fought he- of the Army, wrote a letter to every One of the trailblazers was Henry O. roically, though some were lost. They combatant on D-Day, except African Flipper, the first black graduate of proved to be tremendously effective in Americans. My uncle did not get a let- West Point. Henry Flipper was born in bringing down hundreds of enemy ter. But my Uncle John Garrett, we Thomasville in an area of southwest planes and providing support for brought that to the attention of Presi- Georgia that I now have the privilege ground troops advancing in Germany. dent Clinton, and all of the surviving of representing. Although he was born Today, we express the thanks of a D-Day African American veterans who into slavery and had little opportunity grateful Nation to the soldiers, sailors, we could find, and we worked with the to acquire a formal education, his bril- and airmen of all races and creeds and gentleman from New York (Mr. RAN- liance, his courage, and steadfast for- ethnic backgrounds whose service and GEL) and his Committee on Veterans bearance enabled him to secure an ap- sacrifice have kept us free and kept us Affairs that he was working on, we pointment to West Point and to grad- strong for more than 2 centuries, and found many African Americans, and uate with distinction after years of to those on the home front who also President Clinton sent the letter that mistreatment and ostracism. fought to make freedom available for chief of our Army, Eisenhower, at the Although he had an exemplary record all. time refused, only because they were on the western frontier while serving Today, we also pay tribute to those black. as the only black among the Army’s thousands of African Americans who 2,100 officers, he was unjustly dismissed are now engaged in protecting our na- b 2030 from the military. Nothing stopped tional security here in the homeland Mr. CUMMINGS. Mr. Speaker, one of him, however. He went on to have an and those deployed around the world. the things I wanted to emphasize, the illustrious career as an engineer, a sur- God bless you, and may God continue gentleman spoke about the astronaut veyor, a government official, playing a to bless your service to America. who recently perished, coming to his significant role in the development of Mr. CUMMINGS. Mr. Speaker, I office and talking about having more the oil industry, the railroads, and the would just say to the gentleman it was young African American boys and girls Nation’s expansion in those formative the great theologian Zwingli who said, go into science and math, and that is years. so often people who make tremendous one of the reasons why we even do this At the time of his death in Atlanta in contributions make them when they this evening, to remind our children of 1940, he was a forgotten man. But in are unseen, unnoticed, unappreciated, all of the great things that African later years, he has been remembered and unapplauded. And I appreciate the Americans have done, so that they can with memorials at West Point, in gentleman lifting the names of so follow on that path and have models to Thomasville, Georgia, ceremonies at many who have given so much to this emulate. the Pentagon and at the White House country. Speaking of a model to emulate, I am as someone who resourcefully and Eleanor Roosevelt once observed that very pleased to yield to my friend and bravely paved the way for others. human rights must begin in small

VerDate Jan 31 2003 04:34 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00051 Fmt 7634 Sfmt 0634 E:\CR\FM\K12FE7.096 H12PT1 H446 CONGRESSIONAL RECORD — HOUSE February 12, 2003 places close to home. They are the We could not make up our position in and the Caribbean in the national spot- world of the individual person where this Congress of the United States from light. Now, several years ago my every man, woman, and child seeks North Carolina from 1898 until 1992 friend, a former colleague we all know equal justice, equal opportunity, and without an affirmative action that and respected, Congressman Ron Del- equal dignity without discrimination. took into account that racism existed lums, and several American and South Unless these rights have meaning and disparities existed and the unwill- African activists developed a very com- there, she said, they have little mean- ingness of part of our community to prehensive plan to combat AIDS in Af- ing anywhere. vote for another part of our commu- rica. It is my great pleasure to yield to the nity. Now, we envisioned creating an AIDS gentleman from North Carolina (Mr. So I think Martin Luther King and Marshall Plan in Africa that would WATT), who has given his blood, sweat Frederick Douglass and W.E.B. Dubois mirror the original Marshall plan that and tears to making sure that the and Sojourner Truth and all of these helped our friends and allies in Europe rights of all Americans are protected. people that we pay tribute to during rebuild from the aftermath of World Mr. WATT. Mr. Speaker, it is a great our Black History Month celebration War II. So I have introduced the AIDS pleasure to join with my colleagues would not want us to dwell necessarily Marshall Plan as legislation. Let me this evening in participating in this on giving them honor because they just say that each and every member of Black History Month Special Order. In were not about honor. They were about the Congressional Black Caucus signed my neighborhood, we do not only cele- justice and equality and running faster brate Black History Month in Feb- on as co-sponsor. I think that is a his- and trying to catch up to close that ruary; it is a year-round, ongoing cele- torical fact that needs to be recorded. gap. Unfortunately, that gap continues bration. As my colleagues on the Congres- The thing that always gives me great to exist today in education, in eco- sional Black Caucus, especially the pleasure when I rise on this floor and nomic disparities, in health care. gentlewoman from California (Ms. WA- participate in this 1 hour of comment As part of our obligation as members TERS), the gentlewoman from the Vir- with my colleagues is that I am always of this caucus, and as part of our obli- gin Islands (Mrs. CHRISTENSEN), the fascinated that I learn a lot from my gation as Members of this Congress, gentleman from New Jersey (Mr. colleagues of their experiences and not only members of the Congressional PAYNE), as the CBC took up the cause other things that I did not know about Black Caucus, to assure that what took in Congress and Ron Dellums forged the history of the African American 200 years or 300 years to create, we do ahead outside of Congress, the gen- people in this country. I am tremen- not assume can be wiped out with run- tleman from Iowa (Mr. LEACH) helped dously proud to be a member of the ning faster for 30 or 40 years. It is going us fashion the AIDS Marshall Plan into Congressional Black Caucus and this to take a long time to make up these the legislative framework for a global body. disparities, and I applaud my col- trust fund to be housed at the World Our celebration of black history is a leagues for continuing to run faster Bank. Finally in 2000, we began to see daily event because we understand that and work harder and to work for equal- some progress as our pushing and prod- we stand on the shoulders of Martin ity as all of these people on whose ding gained support for the issue in Luther King and Frederick Douglass shoulders we stand worked for equal- this House. and W.E.B. Dubois and Sojourner Truth ity. In July of 2000, we were successful in and Fannie Lou Hamer and Rosa Parks We must continue to do the same. adding $42 million to the FY 2001 for- who sat down so that we could stand Mr. CUMMINGS. Mr. Speaker, I want eign ops bill for global AIDS spending, up, and those four gentlemen from my to thank the gentleman, and I want to which was really a small amount com- congressional district in Greensboro, thank him for working so hard on the pared to the actual need; but it took a North Carolina, who sat in at the foun- very issue that you just spoke about. monumental effort on the part of the tain, at the counter there, and started b 2045 Congressional Black Caucus, the activ- a movement that spread throughout I am very pleased, Mr. Speaker, to ist community, and our minority lead- our Nation to guarantee that the fight yield to my distinguished colleague er, the gentlewoman from California for justice and equality would con- from the great State of California who (Ms. PELOSI). tinue. has made it her mission to address the Soon after, thanks to our consistent Unfortunately, most of what we have consultations with President Clinton talked about, a lot of what we have issue of AIDS in Africa and made it her mission to address many, many con- and other administration officials, we talked about today, suggests that won passage of the Global AIDS and many of the inequities, many of the in- cerns of people who have often been Tuberculosis Relief Act, which was justices, many of the inequities still left out and unheard, the great lady signed into law in the summer of 2000 continue today. It is on that that I from the State of California (Ms. LEE). and which formally committed the want to focus a little bit because some Ms. LEE. Mr. Speaker, I thank the United States to seeking the establish- of our colleagues would have us be- gentleman for that very humbling in- ment of the global trust fund to fight lieve, and our President, I think, would troduction and for his leadership in HIV and AIDS. This was in August of have us believe that the era of address- putting together this very important 2000. ing these inequities is over, that there Black History Month Special Order, is no need to have an affirmative ac- also for his really steady and magnifi- The passage of this bill was a major tion program anymore. cent leadership of the Congressional achievement and really I must say a I have often wondered, if you started Black Caucus. vindication of the very hard work that a race at one point and you started Mr. Speaker, today we do stand at went into the initial AIDS Marshall somebody 100 yards ahead and the the crossroads in our battle against the Plan put forth by Congressman Ron other participant in the race 100 yards global AIDS pandemic. Now because Dellums. behind, how long would it take and this is Black History Month, I would Now in the last Congress, we made how fast would they have to run to like to take a minute and set forth the great strides towards the passage of make up that 100 yards. There is, I am historical record with regard to this other comprehensive global AIDS bills, sure, a mathematical formula that issue and the role of the Congressional and we really managed to engaged this could anticipate that. Unfortunately, Black Caucus in bringing the African administration and our colleagues in we cannot run faster, we cannot learn and the Caribbean AIDS pandemic to the House and the Senate on this issue. quicker, we cannot make up the eco- the attention of the United States Con- Most importantly, we witnessed the nomic disparities that exist. We cannot gress, the Clinton administration and international community, led by Sec- make up the health disparities that my the Bush administration. retary General Kofi Annan embrace the colleague, the gentlewoman from the After years of hard work on the part newly established global AIDS fund to Virgin Islands (Mrs. CHRISTENSEN) has primarily of the Congressional Black fight AIDS, tuberculosis and malaria, described, that continue to exist, by Caucus and our friends in the activist again, an achievement which the Con- running the same pace without some and the NGO community, we are fi- gressional Black Caucus is very proud kind of adjustments being made. nally seeing the issue of AIDS in Africa of.

VerDate Jan 31 2003 04:34 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00052 Fmt 7634 Sfmt 0634 E:\CR\FM\K12FE7.098 H12PT1 February 12, 2003 CONGRESSIONAL RECORD — HOUSE H447 Now, in many ways the result and If you want to know why we are in a waited for more than 340 years for our the leadership of primarily the Con- position where we need affirmative ac- constitutional and God-given rights.’’ gressional Black Caucus’ work over the tion, if you want to know why at And so I conclude this evening with a last 5 years was evident at the State of present the median net worth of white beginning and that is that we must the Union address 2 weeks ago when families in America is $120,000 while continue to fight for our civil rights. President Bush announced an emer- the median net worth of black families And we hope that we can educate gency plan for AIDS relief in Africa is America is only $17,000 then take a America that even though it appears and the Caribbean that would devote 15 look at where we had to come from. that the civil rights era is over we billion over 5 years to treating those For 232 years it was a crime to teach begin anew. It is extremely important who were infected and those who are a slave to read, and then we went to recognize that the Kerner Report not. But our work on this issue does through a period where we had to en- written in 1968 is in actuality a state- not end here, and we still have a long dure separate but equal; but separate ment of America today. Oh, yes, we way to go before we can truly claim but equal was never equal. I came from have made achievements. We are very victory over this horrendous disease. the Southern schools, the Southern gratified that we have leaders in aca- There are still an estimated 29.4 mil- schools. All my life I was in Southern demics, leaders of corporation, leaders lion Africans and 440,000 Caribbeans schools, and there was a point where in science; but yet we still find an un- living with HIV and AIDS. Over a third the books and desks and everything equal community as it relates to crimi- of the populations of many sub-Saha- that we had had been used for 5 or 6 nal offenses and judgments, racial ran African countries are infected with years by white schools before they profiling, the now attack on affirma- AIDS, and in the Caribbean nearly 90 were shipped to the black schools. So tive action which I believe is an attack percent of all the AIDS cases are in in every way there was no equality. out of lack of understanding and igno- Haiti. We should remember this. We went rance. Because if you understood the In Africa and in the Caribbean, how- through separate but equal, and now University of Michigan’s very astute ever, we are not just fighting against we are in a situation where it is official and very precise program, Mr. Speaker, AIDS, but we are fighting tuberculosis, neglect. The money, the resources nec- you would understand that it is equal malaria and other diseases, high rates essary for education is not there. We to giving 20 points for being an alum- of infant mortality, the lack of access have a lot of rhetoric supporting public nus child, 20 points for living in north- to health care, underfunded education education where most of our black ern Michigan, 20 points for speaking a different language. It is not in any es- systems, underdeveloped agricultural youngsters are educated, but we do not sence a quota or preference. It is an capacity, poor infrastructure and ex- have any resources. cessively high debt burdens. All of My time is short so I will have to cut outreach to make sure the university these developmental issues are tied to this sort. I just want to say that edu- reflects America. So we say today that even though we HIV and AIDS, and all of them con- cation is a civil rights issue of our had Brown v. Board of Education in tribute to its spreads in one way or an- time. It is a civil rights issue we must 1954 and many of us thought we had in- other. That is why the fight for us con- focus on. The slaves who were set free tegrated America’s school, we are in tinues. understood very well the most impor- fact going backwards by showing a The President’s initiative represents tant thing for them to do was to read. a major step in a marathon, and we in- large degree of segregation. It means People who learned to read had a great tend to make sure that the United that our work is just beginning, Mr. deal of status in the new free-slave States and the international commu- Speaker. It means that I call upon my communities, and we have to get back nity finishes the race. We cannot com- colleagues here in the United States to that in our African American com- promise on the substance of what our Congress to join us not in celebrating munities. African American History Month on a response to the pandemic should be, Education must be our first priority. and in particular we will continue to day or night when the members of the It is the only way out of poverty. It is push for your funding for the global Congressional Black Caucus rise to the only way to achieve political fund because multilateral institutions speak to you, but let us do it in our ac- equality. tions by working with us to ensure the do work and they deserve our support. Mr. CUMMINGS. Mr. Speaker, our In conclusion, Mr. Speaker, let me Supreme Court does not rule affirma- last speaker is a lady from the great say that during this Black History tive action unconstitutional. Let us en- State of Texas, who I yield the balance Month I hope that we all, members of courage Republicans and Democrats to of our time to. But we just remind the Black Caucus, this entire body, re- file briefs that will support the idea of America that as we celebrate Black dedicate ourselves to the ideals that so a color blind society and an outreach many sung and unsung African Amer- History Month, every day black his- society that ensures a diversity as it ican heroes and sheroes have lived and tory should be celebrated. Without fur- should be. died for, and that is for liberty and jus- ther ado, I yield the balance of our In conclusion, let me suggest to you, tice for all. time to the great lady from the State Mr. Speaker, that we are reminded of Mr. CUMMINGS. Mr. Speaker, might of Texas (Ms. JACKSON-LEE), who is the words of Martin Luther King ex- I inquire as to how much time we have also the first vice chair of the Congres- plaining why we cannot wait. We can- remaining. sional Black Caucus. not wait because we are still unequal. The SPEAKER pro tempore (Mr. Ms. JACKSON-LEE of Texas. Mr. The scale is still unbalanced, and it is PEARCE). The gentleman has 4 minutes Speaker, I thank the distinguished gen- necessary that we fight not isolated as remaining. tleman. And I will count the conclu- one community against another but as Mr. CUMMINGS. Mr. Speaker, I sion, Mr. Speaker, to be the beginning. Americans recognizing that this Na- grant time to the gentleman from New And that is to acknowledge that we are tion is better by understanding our his- York, who has fought issues with re- just beginning to explain to America tory, being able to suggest that our gard to education (Mr. OWENS) for some of the issues that still plague us history is American history, and fight- many, many years and has stood at the but also offer to America a sense of ing with us for America to reach its forefront of that issue and many other hope, that we are Americans, African promise. issues. Americans who believe in this country Mr. Speaker, my entire statement is Mr. OWENS. Mr. Speaker, I want to and believe in America’s promise. as follows: thank the chairman also for sponsoring That is why I think it is appropriate Mr. Speaker, I rise today to discuss an this Special Hour on Black History to cite from the letter in the Bir- issue that is timely: the State of Civil Rights. Month, and I want to discuss a few mingham jail of Martin Luther King. I am pleased that the Congressional Black milestones and events in African Amer- And when he wrote this letter on toilet Caucus has reserved this hour to focus on ican history that are related to edu- paper as he was incarcerated, he was Black History Month. This year’s theme is the cation and that should not be forgot- responding to the clergy who had con- ‘‘State of the Union 2003.’’ We heard recently ten. demned him for coming from Atlanta the President’s State of the Union. The Presi- We should not forget that one time to Birmingham to agitate in Bir- dent did not speak to the real State of the to teach reading to a slave was a crime. mingham. He simply said, ‘‘We have Union for African Americans.

VerDate Jan 31 2003 04:34 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00053 Fmt 7634 Sfmt 9920 E:\CR\FM\K12FE7.099 H12PT1 H448 CONGRESSIONAL RECORD — HOUSE February 12, 2003 We celebrate Black History Month at a time was clearly a solid use of affirmative action. his father a carpenter. Dr. Otis attended Fisk when our civil rights are under attack. I joined The school followed the spirit of the law and University and the Illinois Institute of Tech- many of my colleagues in filing an amicus considered a range of variables in admitting nology. Unfortunately, his parents could not af- brief in support of the affirmative action plan of students, including unique talents, interests, ford his tuition and he dropped out of college the University of Michigan. Affirmative action is experiences, leadership qualities and under- after two years. Thereafter, Dr. Boykin built under attack in this country more than 30 represented minority status. electrical devices used today in all guided mis- years after the Supreme Court’s decision in We do not live in a colorblind society. The siles and IBM computers. He also developed Baake. 14th amendment to the U.S. Constitution guar- a control unit for an artificial heart simulator Nearly 35 years ago, President Lyndon B. antees that no state shall ‘‘deprive any person (pacemaker) that helps millions of cardio- Johnson issued Executive Order 11365 to es- of life, liberty, or property, without due process vascular patients. Otis Boykin will be remem- tablish the National Advisory Commission on of law; nor deny to any person within its juris- bered as one of the greatest inventors of the Civil Disorders to respond to the civil unrest in diction the equal protection of the laws.’’ twentieth century. urban cities. The problems identified by the When affirmative action works, qualified Mr. Speaker, today I am worried that given commission: disparities in police practices, un- women and minorities have a fair chance at the current educational settings of our country, employment and underemployment, inad- employment, education, and business opportu- future Otis Boykins and James Andrew equate housing and poor education remain nities. Harrises will not have the opportunity to pur- problems in the African American community The 1968 Kerner Commission found that the sue their dreams or realize their talents. three decades later. extent of underlying socio-economic problems I want to focus briefly on what is going to The 1968 Report of the National Advisory caused racial strife. While I believe that Afri- happen in my State of Texas. It is reported can Americans have made tremendous Commission, also known as the Kerner Com- that at least $2.7 billion must be cut from strides, we still have a long way to go to reach mission Report, recommended expanding op- Texas public education over the next two true equality. African Americans on a daily portunities for higher education and removing years to balance the state budget without a basis face prejudice, police brutality, and racial the financial barriers to higher education. Yet, major increase in taxes or fees. The University profiling. Unfortunately, we are not often in the here we are, three decades later, defending of Texas at Austin will hire fewer professors, position to seek redress through the judicial affirmative action efforts, battling high unem- forcing students to scramble for the classes system. The judicial nominees to our nation’s ployment rates in the African American com- they want. At Texas Women’s University, courts are becoming more and more conserv- munity, dealing with poor housing and deterio- fewer police officers may patrol the campus. ative. I opposed the Pickering nomination and rating education in urban areas for children in Some intercollegiate sports may disappear I oppose the Estrada nomination. K–12. from Collin County Community College. Tui- Affirmative action has moved to the center Socio-economic barriers still exist in the Afri- can American community. There are 36.4 mil- tion will probably rise at Dallas County Com- of public debate with the challenge to the Uni- munity Colleges. Universities, medical schools, versity of Michigan’s affirmative action pro- lion African Americans in the country, accord- ing to the latest census. This is 12.9 percent community colleges and the Texas Higher gram. It has become the catchall phase for Education Coordinating Board collectively those who challenge efforts to promote diver- of the total population, yet the poverty rate for African Americans is 22.7 percent. must slash $343.8 million in the middle of the sity. school year. Affirmative action is a set of tools used to African American History Month is a cele- bration of people who have gone before us Mr. Speaker, one University of North Texas give qualified individuals equal access and and on whose shoulders we stand, of people official summarized the current situation very equal opportunity to employment or education. who stand among us today transfixed on a clearly: ‘‘The monster came through our door, It means taking positive steps to end discrimi- goal to achieve even more. It is a time to and now he’s sitting on our lap.’’ nation so that managers or other people who pause and renew our commitment to realize I am further concerned as I read new sto- make hiring decisions have to give every can- the progress and achievements of our people ries, such as a Washington Post article which didate a reasonable chance to compete. What and to go much further as we write our own recently indicated that Oregon is on the verge it does not mean is quotas or preference for chapter. A time to continue the legacy of Afri- of cutting as many as 24 days from its school unqualified applicants. can American History. year. The United States ranks 18th among the I would like to remind my colleagues that President John F. Kennedy said in 1963 industrial nations in school year length. How before the release of the Kerner Commission that ‘‘Every American ought to have the right can we expect American schoolchildren to Report, affirmative action law can be traced to be treated as he would like to be treated, learn in 180 days as much as Korean children back to the early 1960s, when the Warren as one would wish to be treated, as one would learn in 220? They cannot! Court, and then the Burger Court, dealt with wish his children to be treated.’’ I believe Just a couple of weeks ago we listened to the problem of integration in America’s public those words ring true today 40 years later. President Bush’s well-written, well-delivered schools. The basic statutory framework for af- Ms. of Texas. State of the Union address. Yes, it was nice firmative action in employment and education Mr. Speaker, I commend my colleague, Mr. to hear words about diversity, higher edu- services is the Civil Rights Act of 1964. Public CUMMINGS for reserving this special order to cation, making college more affordable, and and private employers with 15 or more em- celebrate Black History Month, a commemora- leaving no child behind. But words are cheap! ployees are subject to a comprehensive code tion that dates back to 1926 when Black What has been done to increase the diversity of equal employment opportunity regulations Americans celebrated Negro History Week. of our populations in higher education? What under Title IV of the 1964 Act. Mr. Speaker, it is my hope that the citizens is being done to make higher education more Affirmative action is needed to address of the United States, especially young African- affordable? And how will we ensure that no present day discrimination, and the problems Americans, recognize how we’ve grown and child is really left behind in our elementary and that women and minorities must contend with developed since then. And also realize and secondary public school education system? when they apply for jobs, educational opportu- appreciate the important contributions of their Mr. Speaker we should invest in the edu- nities or try to move up the corporate ladder. forebears and contemporaries to the develop- cation of under-privileged young people here We need affirmative action because discrimi- ment of this nation and American society. at home. It will improve not only our edu- nation still exists and is holding America back I am proud to stand before you today to sa- cational system, but our society as a whole. from achieving the highest principles of fair- lute two outstanding citizens from my child- So many Otis Boykins and James Andrew ness and equality. hood home to Waco and congressional district Harrises will have the opportunity to revolu- It dismays me that affirmative action is of Dallas. James Andrew Harris was born on tionize technology that affects people’s every- under such intense scrutiny. If the Supreme March 26, 1932 in Waco, Texas. As a grad- day lives. Court rules against the University of Michigan, uate of Houston-Tillotson College in Austin Again, thank you to Congressman opportunities to enter the doors of our great with a chemistry degree, Mr. Harris worked in CUMMINGS for organizing tonight’s special or- higher educational institutions will be denied to the Nuclear Chemistry Division of the Law- ders. thousands of minorities. This is truly a water- rence Radiation Laboratory at the University of shed case, and I am disappointed that the California. There he was part of the team that f President has come out publicly against the discovered and identified elements 104- GENERAL LEAVE school’s affirmative action plan. The University Rutherfordium and 105-Dubnium on the Peri- of Michigan established a sound and well odic Table of Elements. Mr. CUMMINGS. Mr. Speaker, I ask thought through admissions plan both in the Dr. Otis Boykin was born in 1920 and raised unanimous consent that all Members undergraduate school and the law school. This in Dallas. His mother was a homemaker and may have 5 legislative days within

VerDate Jan 31 2003 04:34 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00054 Fmt 7634 Sfmt 0634 E:\CR\FM\A12FE7.047 H12PT1 February 12, 2003 CONGRESSIONAL RECORD — HOUSE H449 which to revise and extend their re- lar to the bar codes in the retail indus- ica’s best heritage of individual marks and include extraneous material try. This innovative new technology achievement and the blessings avail- on my special order. can provide us as health policy-makers able to those who choose to hitch their The SPEAKER pro tempore. Is there with a more complete and accurate pic- futures to our republic. He represents objection to the request of the gen- ture of the way U.S. health care is the best tradition of hard work, perse- tleman from Maryland? managed, financed, and delivered in verance, dedication and integrity. He There was no objection. terms of what works and what does built a strong record of academic excel- f not. lence in leading universities. The left often opposes conservative ABC CODES b 2100 judicial nominees on the basis of an un- The SPEAKER pro tempore. Under a Head-to-head comparisons of conven- favorable rating from the American previous order of the House, the gen- tional, complementary and alternative Bar Association, but in this case, Mr. tleman from New Jersey (Mr. PALLONE) care are necessary to identify and ad- Speaker, even the ABA recognizes that is recognized for 5 minutes. vance the most health-promoting and Miguel Estrada is well qualified. In Mr. PALLONE. Mr. Speaker, the bill- cost-effective health care practices. fact, Al Gore’s close legal adviser and ing code system in the United States Mr. Speaker, I learned about the ABC former chief of staff Ron Klain had this permits insurance reimbursement for codes because they address many to say about Estrada: Miguel is a per- health services and facilitates review health care services that have been son of outstanding character, tremen- of patient access and utilization of ben- largely ignored and undervalued and dous intellect and with a deep commit- efits. because studies show it is much more ment to the faithful application of Mr. Speaker, the way we determine cost-effective to prevent disease than precedent. The challenges that he has health policy, evaluate health care to treat it after it has developed. overcome in his life have made him services and codify those services for The developers of ABC codes have de- genuinely compassionate, genuinely reimbursement impacts our health care signed ABC codes to fit into existing concerned for others and genuinely de- system in dramatic ways. In health health care data fields, software appli- voted to helping those in need. care reimbursement, if there is no code cation and information systems. So the Former President Bill Clinton’s So- for the product, it will not get reim- cost and burden of implementation is licitor General Seth Waxman said, Dur- bursed. small, but the benefits are large, and ing the time Mr. Estrada and I worked Many Americans use complementary ABC codes help payers identify when together, he was a model of profes- and alternative health care procedures, reimbursement is justified as it relates sionalism and competence. In no way including nursing, chiropractic, acu- to whether the provider is licensed did I ever discern that the rec- puncture, naturopathic medicine, nu- under State law. ommendations Mr. Estrada made or tritional and botanical therapies. Too Mr. Speaker, I urge everyone to pay the analyses he propounded were col- often there is no insurance reimburse- close attention to this pilot program to ored in any way by his personal views ment or inadequate reimbursement for learn of the value of integrating com- or indeed that they reflected any con- these health-promoting services. And plementary health care and assisting sideration other than the long-term in- one reason is because there is no stand- us in developing a model of care that is terests of the United States. I have ardized tool to code these services and more cost-effective and health pro- great respect both for Mr. Estrada’s in- products. As a consequence, those who moting. tellect and for his integrity. There, Mr. Speaker, we have it. Ob- can afford it pay out of pocket and f jective observers from the other side of those who cannot are denied access. the aisle recognize that Miguel Estrada Right now the Current Procedure SENATE CONFIRMATION OF is a highly qualified and intellectually Terminology code, or CPT codes as it is MIGUEL ESTRADA gifted legal superstar who would imme- called, is the only approved coding The SPEAKER pro tempore (Mr. diately raise the standard of the bench standard available for insurance reim- PEARCE). Under the Speaker’s an- nounced policy of January 7, 2003, the on his first day. bursement. It is geared strictly to serv- There is no substantive basis for op- gentleman from Colorado (Mr. ices provided by physicians and does posing his candidacy beyond the vi- MCINNIS) is recognized for 60 minutes. not have the capability to represent cious and intellectually dishonest te- Mr. MCINNIS. Mr. Speaker, I would services by other licensed providers in- nets of an all-consuming leftist ide- cluding nurses. The CPT codes cover like to yield to the majority leader, the ology that is driven entirely by an ap- only about a quarter of all health care gentleman from Texas (Mr. DELAY). I petite to destroy anyone standing be- services used by Americans, leaving think his comments are especially per- yond its control. out three quarters of all health care tinent this evening in consideration of The left is inflamed by any prospec- products and services used to stay the debate that is going on in this Cap- tive judicial candidate with the cour- healthy and prevent disease. This cre- itol. So I yield to the gentleman. age to oppose their unrelenting, small- ates critical gaps in knowledge about Mr. DELAY. I greatly appreciate the minded, intolerant hostility to the tra- the health care marketplace. gentleman giving me some of his time. ditional foundations of American life: On January 16, Health and Human The gentleman is on this floor on a faith in God, reverence for tradition, Services Secretary Thompson author- very regular basis making some very respect for the true rule of law and the ized a pilot test of a new coding prac- important remarks about very impor- recognition that we are all ultimately tice in accordance with the provisions tant issues, and he will continue that, accountable for our actions. and regulations governing the Health but the gentleman is right, Mr. Speak- That last point in particular, Mr. Insurance Portability Act that facili- er. Speaker, summons the deepest venom tates electronic transactions. These Tonight is a very, very important and bile from the left. They attempted new codes supplement CPT codes and night. There is a debate going on in over the four decades beginning in the support tracking, measurement and this town that is highly important to 1960s to put forth a vast and sordid analysis of the economic and health the future of this country. The debate swindle upon the American people. The outcomes of complementary and alter- is so important that I hope the Amer- left claim that men and women could native medicine, nursing and other ican people are tuning in and under- take any action, that they could ignore forms of integrated health care. We stand what is going on in this country. our most sacred and sacrosanct tradi- have the opportunity as a result of this Because, Mr. Speaker, there is a gen- tions, that in service of convenience action to make major strides in ad- tleman that has been nominated to they could callously destroy and step dressing pressing issues in health care, serve on the D.C. Court of Appeals forward without consequences. accessibility, quality and cost manage- bench. The gentleman’s name is Miguel Now we know better. We know that ment. Estrada. Miguel Estrada is exactly the the left’s malevolent campaign to un- Mr. Speaker, this new technology is a type of highly qualified lawyer that dermine the notion of truth itself set of alphabetic codes, called ABC America needs on the bench in this comes at a frightful price. Their malig- codes, that function in a manner simi- country. His story also mirrors Amer- nant hold over the intellectual life of

VerDate Jan 31 2003 04:34 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00055 Fmt 7634 Sfmt 0634 E:\CR\FM\A12FE7.051 H12PT1 H450 CONGRESSIONAL RECORD — HOUSE February 12, 2003 this country must be exercised, and cannot pick on him because of sub- Mr. Speaker, I thought long and hard men and women who are willing to stance. I think there is a double stand- before I came over here to the House speak the truth offer our only hope of ard back here. floor tonight. My comments are com- reclaiming our culture from the grip of The Democrats on one hand stand ing from the depth of my heart of a hedonistic, reckless and destructive and say they feel strongly about the which I feel very very strongly about. I descent into nihilism. Hispanic community, but when the want to go through a couple of things They oppose anyone who would reject going gets tough, where are they to be with all of my colleagues this evening the long reckless reach of the plain- found? It is people like my colleagues because I know most of them feel the tiff’s bar into everyday lives with frivo- sitting over here that have enough guts same way I do. They understand our lous and destructive lawsuits. The left to stand up when something is going job responsibilities to the American are wracked with malice by the pros- wrong and say, how can you do this? Or people, our job responsibilities not only pects that a Republican judicial ap- the American Bar, which by the way is to the American people, but to the pointee would approach the Constitu- nonpartisan, has said he ranks at the world. tion with reverence as a fixed defining very top. And here we have the Demo- As the President said in his State of document that offers a true north for crats taking on what is going to be the the Union address, freedom is not just the breadth and reach of the Federal first opportunity for a Hispanic in the a gift to America, freedom is a gift to Government. history of our country to be named all humanity; and this Nation leads the The left prefers instead legal anar- into this position, and it is the Demo- world and has led the world throughout chists who approach the Constitution crats who take one of the most highly its history, throughout the history of as a malleable document, subject to po- qualified attorneys in this country, ac- this Nation as the one who carries the litical manipulation and susceptible to cording to a bipartisan group, the banner of freedom, as the one who has the faddist legal theories of the mo- American Bar Association, and are at the ability and not just the ability, ex- ment. this very moment seeking to destroy cuse me, but has the courage, the pro- Because Miguel Estrada is com- him. found courage, to stand up for other mitted to upholding our founding prin- The gentleman’s comments were well countries that are not as fortunate. ciples and preserving the integrity of taken. It is the United States of America the rule of law, the left is targeting I would be happy to yield back to the that today, when we match it against him for destruction. This we cannot gentleman. any country in the history of the and we will not allow. Mr. DELAY. Mr. Speaker, I appre- world, not just the history of the Mr. Speaker, I must say that the ciate the gentleman yielding. United States, but any country in the other body is working late into the It is rather strange that it is okay to history of the world, it is the United night, and I hope that the American be Hispanic, but a person has to be His- States of America that has gone to people will tune in to C–SPAN that is panic with a particular point of view. arms more often than any other coun- carrying the other body’s debate be- In this country, can my colleague try to defend another country. It is the cause it is a critical debate to what is imagine that a person has to be a His- United States of America that goes to going on in this country today. It is a panic that only believes one way, that military assistance; not to conquer, critical debate, a debate that the Na- only believes the way that the left the United States did not go out and tion is having today, a debate that is would have them believe, that is only attempt to conquer other countries. so vitally important to the future of controlled by the left? That is not our mission in this life. this country. But to have somebody that has Our mission is to go out and allow To take a man from Honduras, an im- brought himself up from poverty and freedom to spread throughout this migrant that has worked his way up, present himself to the United States world. It is the United States of Amer- realizing the American dream, going to for a very important prestigious ap- ica that today, if we take a look at all college, getting his law degree, work- pointment, to have to kowtow to the the food assistance in the world, it is ing in courts and working for the control of the left because he may not the U.S.A. that provides 60 percent of President of the United States, trying think the same way they do, that he it. It is the U.S.A. that provides more to advance an agenda that is vitally may not believe in the same things educational opportunities than any important to American people; but be- that they do, is just outrageous, and other nation in the world. It is the cause he may have a name that is dif- the American people need to see what United States of America that provides ferent than most, because he is a His- is going on here in this town tonight. more medicine to other countries than panic, he is a danger to the left, and They need to understand what is any other country in the world. It is they are treating him as dangerous. going on in this town tonight, and they the United States of America that al- Mr. Speaker, I think it is vitally im- need to reject those that would reject lows more opportunities to immigrants portant that we as Americans stand Miguel Estrada. than any other country in the world. and support Miguel Estrada in his Mr. MCINNIS. Again, reclaiming my There is a reason that in the United quest to serve on the D.C. Court of Ap- time, in my opinion, this is the clear- States of America we have problems peals, and I would urge this House to est example of a double standard that with immigration. Do my colleagues stand up with Estrada on this evening, we have seen in a long time, and it is know why? Because of the fact we do a very important evening for this coun- taking place right now in front of the not have any lining up to get out of try, and I thank the gentleman for American public; and the American this country. We have people lining up yielding. public ought to stand up and say, look, by the hundreds of thousands that Mr. MCINNIS. Mr. Speaker, before just because one is not on the radical want to come into this country, the the gentleman leaves, I would like to left does not mean they should not country of great promise, but this point out a couple of things about Mr. have an opportunity as a Hispanic lead- country only achieved this position of Estrada. er, as one of the top-rated attorneys in strength through a position of commit- First of all, the American Bar Asso- the country by the American Bar Asso- ment. ciation has given him the highest ciation, to take a position that has That is when we see something wrong qualifications. These are the people never before been held by a Hispanic. going on, either against our citizens or that go in, regardless of race and eco- Mr. DELAY. Mr. Speaker, I appre- against the citizens of our friends, we nomic status, they take a look at their ciate the gentleman being here and I must take a position. We must stand legal qualifications. He is at the top of appreciate him yielding time to us, and up. In part, nobody else has the capa- the book. He is at the top of the group. I think I and my colleagues are going bility to do it. He is at the top. to go over to the other body and wit- Then sometimes when, as the case Second of all, I think it is very im- ness what is going on. that I am going to go through with my portant some of the gentleman’s re- Mr. MCINNIS. Mr. Speaker, reclaim- colleagues in some detail tonight, marks. He is a leader, a recognized ing my time, I appreciate the majority there are other countries that have the leader in the Hispanic community. leader taking time to share these com- capability to stand up and do it, but Why are they picking on him? They ments with myself this evening. they will not stand up. When the going

VerDate Jan 31 2003 04:34 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00056 Fmt 7634 Sfmt 0634 E:\CR\FM\K12FE7.103 H12PT1 February 12, 2003 CONGRESSIONAL RECORD — HOUSE H451 gets tough, that is when we count our by the way is the most Muslim country after resolution after resolution has friends. in the world, a nation that has stood up turned a blind eye towards violation b 2115 against radical terrorists, against the after violation after violation. Keep in radical believers of the Koran who have mind that this country knows when it There are a lot of people who will read it inaccurately. Yet our col- is called upon to do good for other want you to be the first one out of the leagues in France and Germany have countries. foxhole. But the fact is not a lot of peo- refused to stand up, and they have real- My district is in the Colorado Rocky ple will follow you as you go onto that ly cracked the foundation of an organi- Mountains. I had the good fortune, the battlefield under heavy fire. zation that some now say has served privilege, actually, of being in Aspen, Now, let me say right at the onset of past its due time. Colorado, when George Bush, Sr., flew my remarks, the President of the I want to visit a little about what we in to the news, as he was in flight, flew United States has done a tremendous do after this is all done, and I think it into the news that Iraq had just taken job. The Secretary of State, Colin Pow- is very important. Because what other a smaller country, Kuwait. Had in- ell, has done a tremendous job. country in the history of the world, vaded it. Had invaded that country. It Condoleezza Rice, Don Rumsfeld. show me one other country in the his- was Margaret Thatcher and George Thank goodness, in this time of need, tory of the world that after they en- Bush, Sr., in Aspen, Colorado, that George W. Bush put together this kind gage in a military conflict with an- made the decision that the action of A squad. I do not care whether you other nation believes that it is as im- taken by the Iraqi country and by Sad- are a liberal Democrat or a conserv- portant to rebuild the nation that they dam Hussein would not stand. Remem- ative Republican. The fact is when you just went to war with; that it is more ber those words? The President said take a look at a Condoleezza Rice, important to rebuild that nation than this will not stand. when you take a look at a Colin Pow- to walk away. The United States of We prepared militarily. We built a ell, whether you agree or not, the fact America did it in World War II with the coalition. But we yielded to the leader- is you have to say they are good. They Marshall Plan. ship of the United Nations, or at least are class. They are the top. They are The United States of America built the restrictions imposed by the resolu- the A squad. And fortunately, in this Japan. In fact, the aid we gave Japan, tions of the United Nations, and that is time of need, we have the A squad run- I can remember in the 1980s, when peo- that we not go into Baghdad and have ning this country. ple were saying, my gosh, we restored a regime change. Furthermore, we Now, I want to go over this evening, this country, we saved this country yielded to the United Nations, who ba- number one, what I think our ultimate from going into oblivion. We saved this sically set out the terms of what the responsibility is to the American peo- country. We helped rebuild this coun- negotiation should be on the surrender ple, to the constituents that we rep- try. We wrote their constitution and of Saddam Hussein. These surrender resent. I want to go over a little back- we put a general in charge, and now terms allowed Saddam Hussein to stay ground of Iraq and talk a little bit Japan is overtaking us in the business in power. It allowed him to stay in about Saddam Hussein, who unilater- community. Remember those days in power, but under very, or what we ally, by himself, has killed more Mus- the 1980s? This Nation is not a Nation thought at the time, were very tough lims than any other known person in that seeks to conquer. This is a Nation and stringent conditions. And those the history of the world. He has killed that seeks to do good and do good for conditions being that he would never more Muslims. Killed more Muslims. the right cause and for the right peo- again arm that country with weapons And that, by the way, includes men, ple. And this is also a Nation, although of mass destruction; that he would women and children. He is the only reluctant to do so, it is a Nation that allow inspectors into his country for leader alive today that we are aware of is prepared to take that sword and the rest of the history of that country; that has used chemical weapons and show its terrible wrath against the evil that he would turn over to the allies things like anthrax and other types of people of this world. And, of course, and to the United Nations inspection poisonous weapons to kill his own pop- Saddam Hussein fits at the very top of forces all his weapons of mass destruc- ulation, to kill his own people. He that list. tion; that he would list the weapons of would just as soon take to war against Let us visit just a little about Iraq. mass destruction that they still had in another country, but use it against his We all remember the situation in the their inventory. own people. So I will talk a little about Persian Gulf. And I have heard many This was term after term after term the history of this madman. people criticize, including myself, when after term that the United Nations in- I will talk a little about the situation I asked the question many times, Why sisted upon during the surrender. What we face in regards to our allies, par- did we not take out Saddam Hussein in happened? Violation after violation ticularly the French and the Germans, the first Persian Gulf War? Why did we after violation. who have stunned the world of NATO, not do it? What kept us? We had a su- Now, keep in mind that I think our which for 50-some years has been a perior Army, and the so-called Repub- responsibility as Congressmen to this close-knit organization, an organiza- lican Guard of the Iraq armed forces Nation, and frankly to the world, but tion in which the loyalty and the dedi- folded. They folded like that. In fact, our ultimate responsibility is to pro- cation to your fellow members has many of the guard surrendered to un- vide for the security of the people of never been questioned, has never been armed American photographers, news- this country. I cannot think of any questioned. Their moves in the last paper reporters. And we went, Why did other responsibility that rises to the week and a half have shaken the very we stop at Baghdad? Why did we not go level of protecting the security of the foundation of the North Atlantic Trea- in and take care of the problem? people that live within these borders ty Organization. Initially, I criticized the first George and our friends outside these borders. I will be going to Europe this week to Bush. But when we take a look at what It, in my opinion, is an absolute obliga- participate in NATO meetings, and I happened, it was not the President of tion. And should we fail through neg- can tell you that I am taking a mes- the United States. Not at all. It was ligence, or in this case what I would sage to my colleagues in Germany and the United Nations. It was the United consider gross negligence, because we Europe and Belgium and Luxembourg. Nations mandate. That was the only know what Iraq has; we know, at some My message is: Have you thought authority, assuming we followed that point, what Iraq’s intentions are, it about what you are doing? Look what mandate, the only authority this Na- would be a gross failure of our ultimate you are doing to the family. I know we tion and its coalition had, which was to responsibility if we did not answer to may have a family dispute, we may take Saddam Hussein out of Kuwait, the call, if we did not send fire trucks have an inter-family dispute, but look but not to go in and have a regime to this fire. what you have done to the family. The change. So as a result of the United Sure, the fire is dangerous. Sure steps that the French and the Germans Nations actions 12 or 13 years ago, it there are a lot of resources and a lot of have taken this week reach far beyond was the United Nations that kept Sad- fire trucks that we are going to have to the fact they refuse to provide assist- dam Hussein in power, and it has been send to that fire, but we have to send ance to the country of Turkey, which the United Nations, which resolution them.

VerDate Jan 31 2003 04:34 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00057 Fmt 7634 Sfmt 0634 E:\CR\FM\K12FE7.104 H12PT1 H452 CONGRESSIONAL RECORD — HOUSE February 12, 2003 Let me give some kind of comparison sleep on it and it will go away is a What happened? It was not very long here. I think in a lot of aspects a med- huge, huge, huge misstep in our obliga- where Germany, just like Iraq, started ical doctor has the same type of re- tions. saying to the inspection teams, ‘‘Wait sponsibility to his patient or her pa- In fact, I think, I truly think that a minute, this is sovereign territory, tient. A medical doctor’s responsibility the failure to stand up to this threat you have no right to enter this part of is to provide for the security of their that is so imminent and imminent to our country and inspect whether we are patient, security in the terms of their future generations, failure for us as a hiding weapons in there.’’ And the health. What is the health of the pa- body to stand up to this threat is noth- international community, primarily tient? How can we preserve the life? ing short of treason. That is how led by France, by the way, gave in. What can we do for this patient? The strongly I feel. We know it is there. They refused to force Germany to live security of that patient. And some- Now, this Congress has not neglected up to its agreement. They refused to times that means the doctor has to its duties. This Congress has stood up acknowledge the fact that the Germans give some pretty tough advice. and given to the President of the had lied and the Germans had used In this particular case, think of going United States the authority the Presi- those weapons in a very lethal fashion to the doctor and you have sort of a dent needs to go in and engage in what- against the world and that they were hurt in your foot. So you say to the ever operation, whether it is a peaceful not surrendering those weapons. doctor, Doctor, my foot kind of hurts, operation or a military operation, to So they did not know what to do with but it is not really a big deal, I do not fix the problem. But this problem needs this hot potato. Germany was not al- think. I am just kind of coming in here to be fixed now. lowing the inspectors to carry out because my mom told me I needed to And the President, in my opinion, their duties. In fact, Germany kicked come in and see you. I wanted to get has been very patient. The nations the inspectors out, just like Iraq did. her off my back, so I am coming in to across this world have been very pa- So what happened? What did the see you. So as the doctor, you come tient. We have gone through 17 resolu- community do? The international com- back to your patient and you say, I tions with the United Nations. Each munity led by France, they turned it have some bad news and I have some resolution has been violated. Each res- over to a group called the League of good news. The bad news is you have olution has been broken. At one point, Nations. What did the League of Na- cancer in that foot. The good news is Iraq kicked the inspectors out. Iraq has tions do? They talked tough just like continued time after time after time to we can take care of it now. the United Nations did, but they Now, it is going to require some sac- hide these weapons, to play a game of blinked, and when Germany continued rifice. It is going to require some pret- cat and mouse. to refuse to follow the agreement that What would happen if Iraq surren- ty dramatic action, action that you they made, that they made, the League dered those weapons? Do you know never anticipated when you walked of Nations stood down. The League of what would happen to Iraq if it joined into this doctor’s office, but nonethe- Nations backed off. the world economic community? It less that action is required. And the What happened? Well, Germany re- would be one of the wealthiest coun- patient looks at the doctor and says to built its inventories. Germany, in fact, tries in the world. They would be able the doctor, Doctor, I do not want to had been lying about the weapons that to provide for their citizens. Saddam hear this. I do not want to hear this. It it in fact possessed. The League of Na- Hussein could provide a standard of liv- tions became a paper tiger, and today is going to disturb my lifestyle. It will ing for his citizens that would match there are very few people that one can interrupt me going to work, my work many of the industrial countries in the stop who can tell them what the schedule. I did not come in here to hear world. I have cancer. I came in here just be- League of Nations is. And the United cause my foot was bothering me a lit- b 2130 Nations faces the same challenge. tle. I do not want to hear it. The people of Iraq could have edu- Keep in mind that under President Or the patient says to the doctor, cation. The people of Iraq could have Clinton on the bombing, the air war okay, Doctor, but I want to go home the kind of medication and health care against Kosovo, against Milosevic, and pray about it. The patient wants to that most industrial countries enjoy. keep in mind that it was the United pray it away. I do not want this hap- The people of Iraq could enjoy the Nations which refused to pass a resolu- pening to me. Well, prayer is very im- fruits of their hard work, but instead tion supporting the air war in Kosovo. portant, do not get me wrong. I say this horrible leader has focused on one And now the United Nations stands up prayers everyday, and thank goodness issue and that is a self-serving image of and beats on their chest as if they are we have some guidance from our su- himself to be a creator of disaster. And the ones that saved Kosovo. Fortu- preme being. But the fact is that alone we have an opportunity to step for- nately, President Clinton, through his does not do it. Does not do it. ward. leadership, was determined that that Or the patient says to the doctor, I Let me say what happened. We have was what was necessary, and frankly just want to go home and go to sleep got some examples in history where, he turned out to be right and the and tomorrow I will wake up and it when the obligation was there, the United Nations was wrong. will all be a bad dream. But the doctor team that was responsible to handle it Keep in mind that these resolutions says to the patient, before you leave did not do it, did not carry out their re- that the United Nations has passed are this office, keep in mind that today we sponsibilities, and I want to speak simply a reflection of the agreements can take that cancer and it is in the briefly about that example. that Saddam Hussein and his country foot. If you wait too long, that cancer, Germany, World War I, Germany agreed to. These are not conditions im- the next time you come in here, that used poison gas. Germany in its sur- posed by outside countries upon the cancer will have spread throughout render, very much, there are a lot of sovereign immunity of Iraq. These are your body, and then my options are ex- similarities between Germany and conditions that Iraq agreed to, and tremely limited. So I cannot allow you Iraq, Iraq in the Persian Gulf War, Ger- Iraqis themselves have time and time to go out of this office without being many in World War I. Germany surren- and time again broken the very things fully open with you and telling you dered to the international community. that they agreed to. that. In fact, it is kind of weird how close Now let us take a look at what kind And that is exactly what we as Con- those conditions that Germany surren- of weapons Iraq has. I listened to some gressmen, that is exactly the funda- dered upon are similar to the condi- of the people that are protesting this mental responsibility that we have to tions that Iraq surrendered upon. action. I am appalled by the fact that the generation behind us and to the Germany agreed not to produce any they are ignoring the cancer that ex- generations that live with us, and that more weapons of mass destruction. ists. I am appalled by the fact that is to be straightforward. We have an Germany agreed to allow inspectors they gunplay to the world, through opportunity today to stop that cancer into its country. Germany agreed to public relations, a very sophisticated while it is still in the foot. To ignore surrender all weapons of mass destruc- public relations campaign, that they that, to pretend that it is not occur- tion or gas or weapons like this to the underestimate the threat of these ring, to somehow kind of say, let us allies, to the world community. weapons, that they somehow think

VerDate Jan 31 2003 04:34 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00058 Fmt 7634 Sfmt 0634 E:\CR\FM\K12FE7.107 H12PT1 February 12, 2003 CONGRESSIONAL RECORD — HOUSE H453 that we can trust Saddam Hussein, How much clearer can it be? I mean, Now let us take a look at what Iraq that they somehow think if we love it would be one position if somebody has under their last admission after him and hold his hand and talk warm came up and said, ‘‘Look, we think this Persian Gulf War Number One. If any and fuzzy talk with him, maybe share a guy might kill somebody with these. It poster should get your attention this piece of apple pie with the guy, that he is a threat, but he has no history of it.’’ evening, it should be this poster to my is going to come clean and be a good We can use history to give us some left. neighbor. kind of guidance of what is going to These are inventories, not calculated This is a neighbor who has a vicious happen in the future. This is a cold- by the intelligence communities of the past. My guess would be that some of blooded killer. His only interest in rest of the world; these are inventories these protestors are some of the being nice right now is to win the pub- that Saddam Hussein himself admitted protestors that lead protests to disarm lic relations battle in the international that he has and now refuses, time after American citizens and take on battle community. He knows that George W. time after time again refuses to turn with the National Rifle Association, Bush and the team of Colin Powell and those inventories over, refuses to ac- but yet take a totally opposite stand Condoleezza Rice and Dick Cheney, he count for those inventories and instead when it comes to Saddam Hussein. knows that that team is determined to says to a couple of hundred inspectors Now let us just see how serious this do what is right. He knows that that in an area the size of the State of Cali- threat is. We are not talking about 13 team will not allow this threat to fornia, ‘‘Find them if you can.’’ That is empty missiles or shell casings. We are exist. So he is attempting, and frankly the message out there, ‘‘Find them if he is doing a pretty good job of it, to not talking about a couple Scud mis- you can.’’ siles that exist out there. Let us take a win a public relations battle through- Take a look at what type of weapons out the world that, ‘‘Look, forget look at what we are talking about. we are speaking of. Mustard gas, 2,850 what’’ thou ‘‘has done in the past and I refer you to the poster. This is the tons. 2,850 tons. believe what I am going to do in the fu- history of chemical weapons that Iraq Take a look at the sarin nerve gas, ture. I am going to be a good guy. It is has. These are weapons that Iraq has 795 tons of sarin nerve gas. America, it is America that is causing used in the past. So first I want to VX nerve gas, and let me tell every- this problem.’’ show this, and then we are going to one about the VX nerve gas. After the So for everyone this evening who progress from this poster to the next Gulf War, Saddam Hussein said he poster, which demonstrates what their thinks that somehow we are dealing never made VX, he never made VX. In inventory is. But just for those people with a paper tiger or we are dealing 1995, under pressure from the inter- out there that are in these protest with a threat that really does not national community, he admitted that lines, I think you have every right to exist, look at the history, look at the he made VX. He admitted he made VX, be there, but I disagree fundamentally history of cold-blooded murder. Take but only a few milligrams. Now they with the direction that you are leading our disaster of September 11 and mul- admit to 3.9 tons of that. a lot of innocent people. You are going tiply it and multiply it and multiply it, Nerve agent, 210 tons; anthrax, 25,000 to get them killed, in my opinion. You and we will get to the number of cas- tons; uranium, 400 tons; plutonium, 6 are leading them down the path of dis- ualties that Saddam Hussein has car- grams. This individual is a very, very aster if you ignore the history that ried out just through chemical weapons dangerous individual. Iraq has proven to the world. just as soon as other methods of war, Let us take a look at the history. My which have killed hundreds of thou- No other country in the world is ca- poster, Iraq’s history of chemical weap- sands of people, primarily Muslims, by pable of leading a coalition other than ons use. Date: 1983; type of agent, mus- the way. the United States of America. The tard; around 100; target, Iranians and Now let us take a look. We know United States of America will go for- Kurds. Keep in mind that Saddam Hus- through our intelligence, through the ward with a coalition. sein has led his Nation on two inva- admissions made by Iraq after the sur- Now, when we take a look at the na- sions against other countries outside render in the Persian Gulf that these tional press, the world press, one would its borders, not in retaliation but in an following locations, and I will not go think we have no European support offensive action. They attempted to in- through each location, but every point outside of our long-time solid friend of vade Iran, and they did invade Kuwait. on this poster to my left, every point Britain. The fact is we have lots of sup- October, 1983; mustard gas; casual- on here is a weapons production facil- port on the European continent: Spain, ties, 3,000; victims, Iranians and Kurds. ity, and a lot of these facilities are Italy, Portugal, Hungary, Bulgaria. And I should point out that the Kurds being utilized. There are a number of different coun- were Iraqi citizens. Let me refer to the next poster. This tries that support the position of the February, 1984; mustard gas, 2,500 is one of those facilities, here to my United States, that understand that people. These are equivalent, 3,000. left. It is very hard to see, but this is this is not a problem that is unique to That is like the New York Trade Cen- one of the facilities. On November 10, this country. ter and the Pentagon, 3,000 people, and 2002, somehow the Iraqi leadership, It is a problem that is spread across he got them with mustard gas. The Saddam, got word that the inspectors the entire world. It is a problem that same thing, mustard; 2,500 Iranians. were going to be there. So on December threatens the safety of everybody in March, 1984, Saddam Hussein, 100 22 when the inspectors showed up, now this world. And yet there is a coalition more Iranians. take a look at what has happened. that is willing to stand up and do March, 1985, Saddam Hussein kills The facility has been sanitized. It is something about it. 3,000 other people through the use of an attempt to fool the American pub- And do not be mistaken about NATO. these chemical weapons. lic. It is an attempt to fool the world. The majority of NATO, the vote that February, 1986, mustard gas, 8,000 to It is an attempt to divert our attention went against us, was 16 in favor of the 10,000 people. Remember, these are not into thinking that this individual, who United States and three against us. fighting men. These are men, women, has twice in his history invaded other The shock of NATO is that a country and children that were extinguished, countries, who has murdered more like France, who now, as we know, are they were eliminated, they were mur- Muslims than any other man alive, pretty fair-weather friends, meaning dered in cold blood though the use of who has, through the use of chemical they are a friend when it is convenient chemical weapons as ordered by Sad- weapons, killed members of his own ci- for them; and the Germans, it is un- dam Hussein, 10,000 that time around. vilian population, who is responsible precedented in NATO’s history that a 1986, thousands, they cannot even es- for hundreds and hundreds of thousands partner would refuse to help a fellow timate how many thousands were of deaths, and yet he is being persua- partner, such as Turkey, in their time killed in that attack by Saddam Hus- sive with the world community in some of need. sein using this type of weapon. areas in persuading them that he 1987, mustard gas, 5,000; 1987, mustard means no evil, that he is not a man of b 2145 gas, 3,000. evil, that in fact America is the coun- But the fact is do not underestimate 1988, hundreds, mustard gas, nerve try of evil. Take a look at that sanita- the strength that we have within the agents. tion. membership of NATO. There are a lot

VerDate Jan 31 2003 04:34 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00059 Fmt 7634 Sfmt 0634 E:\CR\FM\K12FE7.108 H12PT1 H454 CONGRESSIONAL RECORD — HOUSE February 12, 2003 of people in this world, there are a lot There is a cost of leadership. Do not RESIGNATION AS MEMBER OF of countries in this world, that realize just stand up and say you are a leader. COMMITTEE ON SCIENCE that this cancer must be addressed A leader is called upon when the chal- The SPEAKER pro tempore (Mr. now; and we are attempting to do it. lenges get tough. This is a tough chal- PEARCE) laid before the House the fol- I think we have an obligation to try lenge, and it is a long-term obligation lowing resignation as a member of the and address it in the approach that has to give these people what they deserve, Committee on Science: the least amount of impact; peaceful if and that is freedom, that is health HOUSE OF REPRESENTATIVES, we can do it, but do not let this game care, that is food, that is the ability to Washington, DC, February 12, 2003. go on and on, because I am telling you do business. Hon. J. DENNIS HASTERT, that cancer spreads day by day, and It is our time. It is our time and our Speaker, House of Representatives that cancer does not discriminate on The Capitol, Washington, DC. allies’ time to stand up and get rid of its victim. It will attack every man, DEAR MR. SPEAKER: Effective February 12, woman and child alive. And it has no this cancer. And if the French and the 2003, I will take a leave of absence from the mercy. This cancer will show no mercy. Germans and Luxemburg and Belgium Science Committee for the 108th Congress We can stop it today. And if these do not have enough guts to do it, then due to my appointment to the Select Com- means of peaceful approach through get out of our way, because we are mittee on Homeland Security. Sincerely, the United Nations will not work, if going to do what is right. BOB ETHERIDGE, the United Nations will not accept its This Nation throughout its history, Member of Congress. responsibility and stand up to this oh, sure, we hit a bump in the road The SPEAKER pro tempore. Without madman, it is then inherent in the his- here and there; sure, we made mis- objection, the resignation is accepted. tory of this country and the moral ob- takes. This is not a mistake; this is an There was no objection. ligation of this country to stand for- obligation. And I am confident that ward and stop that cancer. That is our under the leadership of our fine Presi- f obligation. dent, this Nation will meet that obliga- RESIGNATION AS MEMBER OF It may not be what seems to be po- tion. litically correct with some of the popu- COMMITTEE ON SMALL BUSINESS lation with the French. And by the A year from now we will look back at The SPEAKER pro tempore laid be- way, if you want to take a look at what many of these naysayers and I will say, fore the House the following resigna- is the incentive of the French and Ger- now what do you have to say, because tion as a member of the Committee on mans to turn and invest against their it will be our Nation that gave these Small Business: long-term friend, the United States, people their freedom. It will be this Na- HOUSE OF REPRESENTATIVES, take a look at their oil contracts with tion and people like the British and our Washington, DC, February 12, 2003. Iraq. I have heard people say this is all good allies that had enough guts to do Hon. J. DENNIS HASTERT, about oil. Well, with the French, it is. what is right. Speaker of the House of Representatives, The Capitol, Washington, DC. That is where they are getting their And make no mistake, as that phrase oil. Take a look at their long-term DEAR MR. SPEAKER: Effective February 12, is commonly used, this team down 2003, I hereby resign my position on the Com- business contracts. there in the White House and this Con- mittee on Small Business due to my appoint- When I go to Europe this week, I am gress which has authorized that team ment to the Committee on Education and going to ask the French and my col- in the White House, we will do what we the Workforce. leagues in Germany, Where is your in- need to do to give the Iraqi people ex- Sincerely, DANNY K. DAVIS, vestment? Where is your best, solid actly what they are entitled to. thought for an investment? Is it with Member of Congress. the United States of America and the I can tell you as a United States Con- The SPEAKER pro tempore. Without coalition of Spain and Italy and Bul- gressman, I stand here with a great objection, the resignation is accepted. garia and Portugal and the British, or deal of pride, knowing that I am car- There was no objection. is your investment better with the rying out my fundamental responsi- f country of Iraq and Saddam Hussein? bility to the people of this Nation and I know that we have an obligation to to the people of this world, and that is RESIGNATION AS MEMBER OF go in and do something about this can- to provide security, to provide freedom, COMMITTEE ON SMALL BUSINESS cer, but we also have an obligation, and to share our wealth of food, to share The SPEAKER pro tempore laid be- we have accepted that obligation, to be our wealth of medicine. We will do the fore the House the following resigna- there when we take the cancer off, the job. We are a can-do Congress. We have tion as a member of the Committee on aftermath of what happens, after, for a President and an administration that Small Business: example, a military conflict. is can-do. We will get the job done, and This Nation will take into Iraq with- we hope that the world community will CONGRESS OF THE UNITED STATES, in hours, within hours of a military HOUSE OF REPRESENTATIVES, join us. The majority of them, I am Washington, DC, February 12, 2003. victory, we will supply that country of confident will. Those allies like the Hon. J. DENNIS HASTERT, Iraq with medicine they have never French and Germans, who become Speaker of the House of Representatives, seen under Saddam Hussein. We will weak-kneed now, at some point in time The Capitol, Washington, DC. supply them with food supplies and will look back and see it was probably DEAR MR. SPEAKER: Effective February 12, feed their hungry stomachs to the ex- one of the most serious mistakes they 2003, I am hereby taking a leave of absence from the House Small Business Committee tent they have never experienced in ever made. their lifetime, many of them. We will due to my appointment to the Select Com- offer that country, more than anything So it is time for the people of this mittee on Homeland Security. Sincerely, else we could give them, freedoms that Nation to stand up in support of its leadership, and they have. We will not JAMES R. LANGEVIN, they have never dreamed of under Sad- Member of Congress. dam Hussein. betray you. We will not let you down. The SPEAKER pro tempore. Without The United States of America will We will do what we are charged to do, objection, the resignation is accepted. not rule Iraq. Iraq will rule Iraq. But it and that is to go out and protect not There was no objection. will rule it under a leader who cares only our Nation and not only our about the people of that country, who friends, but the oppressed people of f does not place military weapons in Iraq. And we will destroy those weap- school yards and missiles in hospitals. ons of mass destruction. Iraq, for one, RESIGNATION AS MEMBER OF There are only good things that can will never be a country, after we are COMMITTEE ON SCIENCE happen to the country of Iraq if the finished, that will have the capability The SPEAKER pro tempore laid be- United States of America and the to once again make tens of thousands fore the House the following resigna- world community stands up to its obli- of casualties through the use of poison tion as a member of the Committee on gations. gas on innocent civilians. Science:

VerDate Jan 31 2003 04:34 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00060 Fmt 7634 Sfmt 0634 E:\CR\FM\K12FE7.110 H12PT1 February 12, 2003 CONGRESSIONAL RECORD — HOUSE H455 HOUSE OF REPRESENTATIVES, the Resources Committee due to my appoint- The SPEAKER pro tempore. Without Washington, DC, February 12, 2003. ment to the Select Committee on Homeland objection, the resignation is accepted. Hon. J. DENNIS HASTERT, Security. There was no objection. Speaker, House of Representatives, U.S. Capitol Sincerely, Building, Washington, DC. PETER A. DEFAZIO, f DEAR MR. SPEAKER: Effective February 12, Member of Congress. 2003, I hereby take a leave of absence on the The SPEAKER pro tempore. Without House Committee on Science due to my ap- RESIGNATION AS MEMBER OF pointment to the Select Committee on objection, the resignation is accepted. COMMITTEE ON EDUCATION AND Homeland Security. I also would like to re- There was no objection. THE WORKFORCE quest that I retain my seniority on the f The SPEAKER pro tempore laid be- Science Committee. Sincerely, RESIGNATION AS MEMBER OF fore the House the following resigna- . COMMITTEE ON THE BUDGET tion as a member of the Committee on The SPEAKER pro tempore. Without Education and the Workforce: The SPEAKER pro tempore laid be- HOUSE OF REPRESENTATIVES, objection, the resignation is accepted. fore the House the following resigna- There was no objection. Washington, DC, February 12, 2003. tion as a member of the Committee on Hon. J. DENNIS HASTERT, f the Budget: Speaker of the House of Representatives, The Capitol, Washington, DC. RESIGNATION AS MEMBER OF HOUSE OF REPRESENTATIVES, Washington, DC, February 12, 2003. DEAR MR. SPEAKER. Effective February 12, COMMITTEE ON ARMED SERVICES Hon. J. DENNIS HASTERT, 2003, I hereby request a leave of absence from The SPEAKER pro tempore laid be- Speaker of the House of Representatives, my position on the Education and the Work- fore the House the following resigna- The Capitol, Washington, DC. force Committee due to my appointment to DEAR MR. SPEAKER. I hereby give notice the Select Committee on Homeland Secu- tion as a member of the Committee on rity. Armed Services: that, effective February 12, 2003, I am taking a leave of absence from my position on the Sincerely, HOUSE OF REPRESENTATIVES, House Budget Committee due to my appoint- LORETTA SANCHEZ, Washington, DC, February 12, 2003. ment to the Select Committee on Homeland Member of Congress. Hon. J. DENNIS HASTERT, Security. The SPEAKER pro tempore. Without Speaker, House of Representatives, U.S. Capitol Sincerely yours, Building, Washington, DC. objection, the resignation is accepted. KENDRICK B. MEEK, There was no objection. DEAR MR. SPEAKER: Effective February 12, Member of Congress. 2003, I hereby resign my position on the Armed Services Committee due to my ap- The SPEAKER pro tempore. Without f pointment to the Select Committee on objection, the resignation is accepted. Homeland Security. There was no objection. RESIGNATION AS MEMBER OF Sincerely, COMMITTEE ON SMALL BUSINESS ROBERT E. ANDREWS, f Member of Congress. The SPEAKER pro tempore laid be- RESIGNATION AS MEMBER OF fore the House the following resigna- The SPEAKER pro tempore. Without COMMITTEE ON AGRICULTURE objection, the resignation is accepted. tion as a member of the Committee on There was no objection. The SPEAKER pro tempore laid be- Small Business: fore the House the following resigna- HOUSE OF REPRESENTATIVES, f tion as a member of the Committee on Washington, DC, February 12, 2003. RESIGNATION AS MEMBER OF Agriculture: Hon. J. DENNIS HASTERT, Speaker of the House of Representatives, HOUSE OF REPRESENTATIVES, COMMITTEE ON GOVERNMENT The Capitol, Washington, DC. Fourth District, Kentucky, February 12, 2003. REFORM DEAR MR. SPEAKER. Effective February 12, Hon. J. DENNIS HASTERT, The SPEAKER pro tempore laid be- Speaker of the House of Representatives 2003, I hereby resign my position on the fore the House the following resigna- The Capitol, Washington, DC. House Committee on Small Business due to my appointment to the Select Committee on tion as a member of the Committee on DEAR MR. SPEAKER. Effective February 12, 2003, I hereby resign my position on the Agri- Homeland Security. Government Reform: Sincerely, culture Committee due to my appointment HOUSE OF REPRESENTATIVES, BILL PASCRELL, JR., to the Select Committee on Homeland Secu- Washington, DC, February 12, 2003. Member of Congress. Hon. J. DENNIS HASTERT, rity. Speaker, House of Representatives, U.S. Capitol Sincerely, The SPEAKER pro tempore. Without Building, Washington, DC. KEN LUCAS, objection, the resignation is accepted. DEAR MR. SPEAKER: Effective February 12, Member of Congress. There was no objection. 2003, I hereby take a leave of absence from The SPEAKER pro tempore. Without my position on the Government Reform objection, the resignation is accepted. f Committee due to my appointment to the There was no objection. Select Committee on Homeland Security. RESIGNATION AS MEMBER OF Sincerely, f COMMITTEE ON SMALL BUSINESS ELEANOR HOLMES NORTON. RESIGNATION AS MEMBER OF The SPEAKER pro tempore. Without The SPEAKER pro tempore laid be- COMMITTEE ON SMALL BUSINESS objection, the resignation is accepted. fore the House the following resigna- There was no objection. The SPEAKER pro tempore laid be- tion as a member of the Committee on fore the House the following resigna- Small Business: f tion as a member of the Committee on HOUSE OF REPRESENTATIVES, RESIGNATION AS MEMBER OF Small Business: Washington, DC, February 12, 2003. COMMITTEE ON RESOURCES Hon. J. DENNIS HASTERT, HOUSE OF REPRESENTATIVES, Speaker of the House of Representatives, The SPEAKER pro tempore laid be- Washington, DC, February 12, 2003. The Capitol, Washington, DC. Hon. DENNIS HASTERT, DEAR MR. SPEAKER. Effective February 12, fore the House the following resigna- Speaker of the House, House of Representatives, 2003, I hereby request a leave of absence from tion as a member of the Committee on Washington, DC. my position on the Small Business Com- Resources: DEAR MR. SPEAKER. Effective February 12, mittee due to my appointment to the Select 2003, I hereby take a leave of absence from HOUSE OF REPRESENTATIVES, Committee on Homeland Security. Washington, DC, February 12, 2003. my position on the Small Business Com- Sincerely, Hon. J. DENNIS HASTERT, mittee due to my appointment on the Select DONNA M. CHRISTENSEN, Speaker, House of Representatives, U.S. Capitol Committee on Homeland Security. Member of Congress. Building, Washington, DC. Sincerely, DEAR MR. SPEAKER: Effective February 12, CHARLES A. GONZALEZ, The SPEAKER pro tempore. Without 2003, I am requesting a temporary leave from Member of Congress. objection, the resignation is accepted.

VerDate Jan 31 2003 05:25 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00061 Fmt 7634 Sfmt 0634 E:\CR\FM\A12FE7.052 H12PT1 H456 CONGRESSIONAL RECORD — HOUSE February 12, 2003 There was no objection. viously affirmed him to be a very well- Year 2002, pursuant to Public Law 104—201, section 827 (110 Stat. 2611); to the Committee f qualified candidate. So this is someone that brings some on Armed Services. RESIGNATION AS MEMBER OF 647. A letter from the Secretary of the experiences that we should be very COMMITTEE ON RESOURCES Navy, Department of Defense, transmitting pleased to accept in this important po- notification regarding the discontinuation of The SPEAKER pro tempore laid be- sition. training at the Vieques Naval Training fore the House the following resigna- He has strong support among the Range; to the Committee on Armed Services. tion as a member of the Committee on Latino community. I know Robert 648. A letter from the Acting Program Resources: Deposada, who I had the opportunity to Manager, Pentagon Renovation Program, Department of Defense, transmitting the CONGRESS OF THE UNITED STATES, be in a different event with here just twelth Annual Report on the renovation of Washington, DC, February 12, 2003. recently, says of him, ‘‘to deny the Pentagon; to the Committee on Armed Hon. J. DENNIS HASTERT, Latinos, the Nation’s largest minority, Services. Speaker of the House of Representatives, the opportunity to have one of their 649. A letter from the Under Secretary, De- The Capitol, Washington, DC. own serve on this court in our Nation’s partment of Defense, transmitting the De- DEAR MR. SPEAKER. Effective February 12, partment’s report entitled, ‘‘Overseas Com- 2003, I hereby take a leave of absence from capital is unforgivable.’’ I would cer- tainly agree. missaries and Exchange Stores—Access and my position on the Resources Committee in Purchase Restrictions,’’ as required by Sec- order to assume my appointment to the Se- b 2200 tion 2492 of Title 10, United States Code; to lect Committee on Homeland Security. the Committee on Armed Services. Sincerely, Mr. Speaker, there are some that 650. A letter from the Deputy Secretary, EDWARD J. MARKEY, would make the claim that he lacks ju- Securities and Exchange Commission, trans- Member of Congress. dicial experience, but I would say five mitting the Commission’s final rule—Condi- The SPEAKER pro tempore. Without of the eight judges currently serving in tions for Use of NON–GAAP Financial Meas- objection, the resignation is accepted. the D.C. court had no previous judicial ures [Release No. 33–8176; 34–47226; FR–65; There was no objection. experience, including Byron White, File No. S7–43–02] (RIN: 3235–A169) received who was nominated by President Ken- January 27, 2003, pursuant to 5 U.S.C. f 801(a)(1)(A); to the Committee on Financial nedy, and our current Chief Justice IN SUPPORT OF MIGUEL ESTRADA Services. Rehnquist, who had no prior judicial 651. A letter from the Deputy Secretary, The SPEAKER pro tempore. Under a experience. Some would say that he Securities and Exchange Commission, trans- previous order of the House, the gen- has refused to provide memorandum mitting the Commission’s final rule—Trans- tleman from Minnesota (Mr. KENNEDY) that he provided when he was assistant actions of Investment Companies with Port- is recognized for 5 minutes. Solicitor General. But I would remind folio and Subadviser Affiliates [Release No. Mr. KENNEDY of Minnesota. Mr. IC–25888; File No. S7–13–02] (RIN: 3235–AI28) everyone that that was not requested received January 15, 2003, pursuant to 5 Speaker, I rise today in support of the of seven previous nominees to the U.S.C. 801(a)(1)(A); to the Committee on Fi- nomination for Miguel Estrada to the court of appeals that had worked in the nancial Services. District of Columbia Circuit Court of Solicitor General’s office, and every 652. A letter from the Chief Counsel, Office Appeals. This is an extremely well- living former Solicitor General, Demo- of Foreign Assets, Department of the Treas- qualified candidate that I am happy to crat or Republican, has signed a joint ury, transmitting the Department’s final speak in support of. letter to the committee stating that rule—Reporting and Procedures Regulations; This is someone that the American Cuban Assets Control Regulations: Publica- this request would be debilitating on tion of Economic Sanctions Enforcemernt Bar Association, it is not just me who the ability of the Justice Department Guidelines—received January 27, 2003, pursu- is saying positive things about him, to represent the United States before ant to 5 U.S.C. 801(a)(1)(A); to the Committee has described as ‘‘well qualified.’’ the Supreme Court. on International Relations. He was born and raised in Honduras. So this is a justice and someone who 653. A letter from the Assistant Secretary He would be the first Hispanic ever to brings unbelievable experience to our for Legislative Affairs, Department of State, transmitting notification that the Depart- sit on the U.S. Court of Appeals in the courts, someone who we should reach D.C. Circuit, which many consider the ment intends to consent to a request by the out and welcome, and I certainly am Government of Germany for a transfer of ar- second highest court in our land. pleased to have the opportunity to join ticles; to the Committee on International He has extensive appellate experience the many colleagues that have been on Relations. and is widely regarded as really one of this floor here earlier today to speak 654. A letter from the Director, Office of this country’s best appellate lawyers. on his behalf, and I would urge all of Personnel Management, President’s Pay He has argued 15 cases before the U.S. my colleagues to do so. Agent, transmitting a report justifying the reasons for the extension of locality-based Supreme Court. f If we look at the background and the comparability payments to categories of po- RECESS sitions that are in more than one executive strong support and experience that he agency, pursuant to 5 U.S.C. 5304(h)(2)(C); to is bringing to this position, he grad- The SPEAKER pro tempore (Mr. the Committee on Government Reform. uated magna cum laude from Colum- PEARCE). Pursuant to clause 12(a) of 655. A letter from the Auditor, District of bia, something that is a high distinc- rule I, the Chair declares the House in Columbia, transmitting a report entitled, tion amongst any group. He also grad- recess subject to the call of the Chair. ‘‘Certification of the Fiscal Year 2003 Rev- uated magna cum laude from Harvard Accordingly (at 10 o’clock and 1 enue Estimate in Support of the District’s Law School, with a JD degree, where $374,200,000 Multimodal General Obligation minute p.m.), the House stood in recess Bonds (Series 2002A and 2002B),’’ pursuant to he was the editor of the Harvard Law subject to the call of the Chair. D.C. Code section 47—117(d); to the Com- Review. f mittee on Government Reform. After that he went on to become a 656. A letter from the Chairman, Defense clerk in the U.S. Court of Appeals in EXECUTIVE COMMUNICATIONS, Nuclear Facilities Safety Board, transmit- the Second Circuit and also a law clerk ETC. ting the Board’s Annual Report on Commer- for justice Anthony Kennedy, no rela- Under clause 8 of rule XII, executive cial Activities; to the Committee on Govern- tion, on the U.S. Supreme Court. Fol- communications were taken from the ment Reform. 657. A letter from the Inspector General, lowing that, he was Assistant U.S. At- Speaker’s table and referred as follows: Department of Housing and Urban Develop- torney and Deputy Chief of the Appel- 645. A letter from the Secretary, Depart- ment, transmitting the Department’s inven- late Section of the U.S. Attorney’s Of- ment of Housing and Urban Development, tory of activities as required by OMB Cir- fice in the Southern District of New transmitting a report of a violation of the cular A–76 and the Federal Activities Inven- York, a very highly respected district, Antideficiency Act and the Office of Manage- tory Reform Act; to the Committee on Gov- and was Assistant to the Solicitor Gen- ment and Budget Circular A–11, pursuant to ernment Reform. eral of the United States under both 31 U.S.C. 1517(b); to the Committee on Appro- 658. A letter from the Acting Director of priations. Communications and Legislative Affairs, President Clinton and under George 646. A letter from the Under Secretary, De- Equal Employment Opportunity Commis- Herbert Walker Bush. So he has had ex- partment of Defense, transmitting notifica- sion, transmitting the Commission’s FY 2002 perience really working under both ad- tion regarding the Department’s report for Commercial Activities Inventory; to the ministrations and both sides had pre- purchases from foreign entities for Fiscal Committee on Government Reform.

VerDate Jan 31 2003 04:34 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00062 Fmt 7634 Sfmt 0634 E:\CR\FM\K12FE7.124 H12PT1 February 12, 2003 CONGRESSIONAL RECORD — HOUSE H457 659. A letter from the Chief of Staff, Fed- cific Groundfish Fisheries [Docket No. U.S.C. 3205; to the Committee on Ways and eral Mediation and Conciliation Service, 011219306–2283–02; I.D. 110501A] (RIN: 0648– Means. transmitting the FY 2002 report pursuant to AM44) received January 21, 2003, pursuant to 674. A letter from the Secretary, Depart- the Federal Managers’ Financial Integrity 5 U.S.C. 801(a)(1)(A); to the Committee on ment of Commerce, transmitting a report on Act, pursuant to 31 U.S.C. 3512(c)(3); to the Resources. the executive branch strategy regarding Committee on Government Reform. 668. A letter from the Secretary, Judicial WTO dispute settlement panels and the ap- 660. A letter from the Executive Director, Conference of the United States, transmit- pellate body; to the Committee on Ways and Federal Mine Safety and Health Review ting the fifth Judicial Conference Report on Means. Commission, transmitting the Commission’s the Continuing Need for Existing Bank- 675. A letter from the Chief, Regulations inventory of activities prepared pursuant to ruptcy Judgeships, pursuant to 28 U.S.C. Unit, Interal Revenue Service, transmitting the Federal Activities Inventory Reform Act 152(b)(2); to the Committee on the Judiciary. the Service’s final rule—Disclosure of Return of 1998; to the Committee on Government Re- 669. A letter from the Program Analyst, Information to the Bureau of the Census [TD form. FAA, Department of Transportation, trans- 9037] (RIN: 1545–AY52) received January 27, 661. A letter from the President, James mitting the Department’s final rule—Equiva- Madison Memorial Fellowship Foundation, 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to the lent Safety Provisions for Fuel Tank System Committee on Ways and Means. transmitting the consolidated annual reports Fault Tolerance Evaluations (SFAR 88) under the Federal Managers Financial Integ- 676. A letter from the Chief, Regulations [Docket No. FAA–1999–6411; Amendment No. Unit, Internal Revenue Service, transmitting rity Act of 1982, pursuant to 31 U.S.C. 21–82] (RIN: 2120–AH85) received January 17, 3512(c)(3); to the Committee on Government the Service’s final rule—Offshore Voluntary 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to the Compliance Iniative (Rev. Proc. 2003–11) re- Reform. Committee on Transportation and Infra- 662. A letter from the Chairman, National ceived January 14, 2003, pursuant to 5 U.S.C. structure. Mediation Board, transmitting the FY 2002 801(a)(1)(A); to the Committee on Ways and 670. A letter from the Chief, Regulations report pursuant to the Federal Managers’ Fi- Means. and Administrative Law, USCG, Department nancial Integrity Act, pursuant to 31 U.S.C. of Transportation, transmitting the Depart- 677. A letter from the Chief, Regulations 3512(c)(3); to the Committee on Government ment’s final rule—Security Zones; Port of Unit, Internal Revenue Service, transmitting Reform. Palm Beach, Palm Beach, FL; Port Ever- the Service’s final rule—Low-Incoming 663. A letter from the Director, Office of Housing Credit (Rev. Rul. 2003–2) received Personnel Management, transmitting the Of- glades, Fort Lauderdale, FL; Port of Miami, Miami, FL; and Port of Key West, Key West, January 14, 2002, pursuant to 5 U.S.C. fice’s strategic plan for fiscal years 2002 801(a)(1)(A); to the Committee on Ways and through 2007; to the Committee on Govern- FL [COTP Miami 02–156] (RIN: 2115–AA97) re- ceived January 14, 2003, pursuant to 5 U.S.C. Means. ment Reform. 678. A letter from the Chief, Regulations 664. A letter from the Director, Office of 801(a)(1)(A); to the Committee on Transpor- tation and Infrastructure. Unit, Internal Revenue Service, transmitting Personnel Management, transmitting the FY the Service’s final rule—Definition of Early 2002 report pursuant to the Federal Man- 671. A letter from the Chief, Regulations and Administrative Law, USCG, Department Retirement Benefit and Retirement-Type agers’ Financial Integrity Act, pursuant to Subsidy [Notice 2003–10] received January 14, 31 U.S.C. 3512(c)(3); to the Committee on of Transportation, transmitting the Depart- ment’s final rule—Regulated Navigation 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to the Government Reform. Committee on Ways and Means. 665. A letter from the Under Secretary and Area; Chesapeake Bay Entrance and Hamp- Director, United States Patent and Trade- ton Roads, VA and Adjacent Waters [CGD05– 679. A letter from the Acting General mark Office, transmitting the Office’s FY 02–102] (RIN: 2115–AE84) received January 14, Counsel, Office of Compliance, transmitting 2002 annual report on management of com- 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to the a Report on Inspections for Compliance with mercial activities; to the Committee on Gov- Committee on Transportation and Infra- the Public Access Provisions of the Ameri- ernment Reform. structure. cans with Disabilities Act Under Section 210 666. A letter from the Chairman, United 672. A letter from the Chief, Regulations of the Congressional Accountability Act, States Postal Service, transmitting a copy of and Administrative Law, USCG, Department pursuant to Public Law 104—1, section 210(f) the annual report in compliance with the of Transportation, transmitting the Depart- (109 Stat. 15); jointly to the Committees on Government in the Sunshine Act during the ment’s final rule—Regulated Navigation House Administration and Education and the calendar year 2002, pursuant to 5 U.S.C. Area; Chesapeake Bay Entrance and Hamp- Workforce. 552b(j); to the Committee on Government Re- ton Roads, VA and Adjacent Waters [CGD05– 680. A letter from the Regulations Coordi- form. 02–103] (RIN: 211 5–AE84) received January 14, nator, Department of Health and Human 667. A letter from the Deputy Assistant Ad- 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to the Services, transmitting the Department’s ministrator for Regulatory Programs, Committee on Transportation and Infra- final rule—Medicare and Medicaid Programs; NMFS, National Oceanic and Atmospheric structure. Hospital Conditions of Participation: Qual- Administration, transmitting the Adminis- 673. A letter from the Secretary, Depart- ity Assessment and Performance Improve- tration’s final rule—Fisheries of the Exclu- ment of Labor, transmitting the Depart- ment (RIN: 0938–AK40) received January 23, sive Economic Zone Off Alaska; Revisions to ment’s ninth report on the impact of the An- 2003, pursuant to 5 U.S.C. 801(a)(1)(A); jointly Observer Coverage Requirements for Vessels dean Trade Preference Act on U.S. trade and to the Committees on Ways and Means and and Shoreside Processors in the North Pa- employment from 2000 to 2001, pursuant to 19 Energy and Commerce.

N O T I C E Incomplete record of House proceedings. Today’s House proceedings will be continued in the next issue of the Record.

VerDate Jan 31 2003 04:34 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00063 Fmt 7634 Sfmt 8633 E:\CR\FM\L12FE7.000 H12PT1 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, WEDNESDAY, FEBRUARY 12, 2003 No. 26 Senate The Senate met at 9:30 a.m. and was and before you to show you His way. press their views so a final vote can be called to order by the President pro Amen. scheduled. I do hope the Democratic tempore (Mr. STEVENS). f leader will assist me in achieving this The PRESIDENT pro tempore. The goal. Senate will be led in prayer today by PLEDGE OF ALLEGIANCE In addition, the Senate continues to our guest Chaplain, Dr. John Tolson, The PRESIDENT pro tempore led the wait for the completion of the very im- First Presbyterian Church, Orlando, Pledge of Allegiance, as follows: portant conference report on the omni- FL. I pledge allegiance to the Flag of the bus appropriations bill. Those discus- United States of America, and to the Repub- sions have gone on over the course of PRAYER lic for which it stands, one nation under God, the last several days, well into last The guest Chaplain offered the fol- indivisible, with liberty and justice for all. night and over the course of this morn- lowing prayer: f ing. This omnibus appropriations bill— Our Gracious Heavenly Father, we I believe I speak for both sides of the RECOGNITION OF THE MAJORITY thank You for the gift of this day, for aisle—is a must-pass item to be ad- LEADER Your incredible love for us and for the dressed and ultimately passed prior to privilege and opportunity of and the The PRESIDING OFFICER (Mr. any recess. freedom in which we live. May our lives BROWNBACK). The majority leader is Mr. REID. While the majority leader reflect our gratitude for all these recognized. is on the floor, Mr. President, we on things by living according to Your pur- f this side are prepared to stay as long, pose. of course, as the leader asks us to do Father, we realize that our children, SCHEDULE so. But because we will have to have to a large extent, will become like us Mr. FRIST. The Senate will resume people here to make sure there are peo- as parents. In the same way the shap- consideration of the nomination of ple on the floor to discuss whatever ing of our Nation will be molded by its Miguel Estrada to be a circuit judge for they feel they want to discuss during leaders. May we be willing to ask if we, the DC Circuit. We have spent 4 days this nomination process, do you have as leaders, are like what You want our and over 20 hours debating this emi- an idea how late you might want us to Nation to become. nently qualified nominee. Yesterday 14 stay tonight? Your word says, ‘‘Blessed are the Senators participated in the debate. To Mr. FRIST. Mr. President, I want to poor in spirit.’’ In our great and rich afford Senators ample time to fulfill provide ample opportunity. We have Nation, too many find themselves spir- their constitutional advise and consent been on this nomination since last itually poor. Father, help them to open responsibilities and to facilitate unfet- Wednesday. I would expect we will be their eyes to Your love. Please help all tered consideration of this nomination, here very late into the evening; I don’t of us to understand that no woman or I expect tonight to be a very late night. know what time. But if we are to man can open his or her heart without Senators are encouraged to come to achieve having a recess at all, I do humility and willingness to accept the floor over the course of today to want to be able to fully address the their dependence on You. engage in this debate. issue of the omnibus appropriations On this day when we honor President The Democratic leader and I have and the Estrada nomination. I would Lincoln and all he did to unite our Re- discussed options to conclude the Sen- think it is going to be very late to- public, we recall how he never lost ate’s constitutional responsibilities as night, but I can’t give an exact time. sight of Your hand of grace and guid- they pertain to this nominee. My col- Mr. REID. As I said last night, as ance. leagues on the other side of the aisle Senator HATCH and I were closing the Father, help and encourage the Mem- continue to object to any time agree- Senate, everything has been said, but bers of this great body to aspire to ex- ment and refuse to set a time for a dis- not quite everyone has said it, on the cellence as Senators, as leaders, and as positive vote. My objective is to pro- nomination of Miguel Estrada. Both Americans. Build Your character into vide all Senators with sufficient oppor- sides have talked about what they like their lives so that their conduct will be tunity to debate the merits of this and dislike about this nomination. Yes- a reflection of You. nominee and then to move this nomi- terday, of course, there were a lot of And now, may the living Lord be nation to a final vote. repetitive statements. with you this day; may He go above Therefore, once again, I encourage We will be here. I think it is quite you to watch over you, behind you to Senators to come to the floor today clear that we won’t be speaking much encourage you, beside you to befriend and this evening and, if necessary, to- about Miguel Estrada as the day pro- you, and within you to give you peace morrow and tomorrow evening, to ex- ceeds. We will want to talk about

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

S2231

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VerDate Dec 13 2002 01:26 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A12FE6.000 S12PT1 S2232 CONGRESSIONAL RECORD — SENATE February 12, 2003 Chairman Greenspan’s statements and to make a decision whether this nomi- vote on somebody for a lifetime posi- other issues we think are just as im- nation is going to be pulled, whether tion in the courts. He has written ex- portant to talk about. But during these the memos will be supplied to us so we tensively, but he has kept the writing nominations, when there is extended can review them, whether there is secret. debate, we are allowed to do that. going to be more opportunity to ask We have ample precedent for similar Whatever the leader wants us to do, we questions, or whether there is going to writings that have been made available are here. Whether it is tonight, tomor- be a vote on cloture. Those are the for everything from a nomination of a row night, Friday, Saturday, whatever three choices the leader has. it is, we will be at your disposal. Mr. FRIST. Mr. President, I agree, in man who became Attorney General to Mr. FRIST. Mr. President, I appre- essence, those are the three choices, a man who became the Chief Justice of ciate the comments of the assistant and as majority leader, I consider what the United States, William Rehnquist. Democratic leader. My objective is to I feel is stalling on this nomination The Democratic leader and I wrote to fully address the nomination of this and not allowing an up-or-down vote of the President and asked once again: outstanding, well-qualified candidate. sufficient importance that we will con- Release those secret writings. If we really get to the point where the tinue to address it. There are many Ironically, Mr. Estrada told us, when other side of the aisle says there is other important issues this Senate asked, he had no objection to those nothing more to be said, I would sim- must address. If we could just agree on writings being released. He has no ob- ply ask that we do take this to a vote an up-or-down vote right now, which jection to them being released. It is and give us in this body the oppor- the distinguished assistant Democratic only the White House has said: We will tunity to vote, yes, we are for the nom- leader has said they are not going to do not release them. If they were released, ination or, no, we are against the nom- on the other side of the aisle, we could ination, if we really have had full de- I suspect we would then have a discus- go on to address these other important sion of what is in those writings, and bate, and from what I have just heard issues. we are getting close to that point, and we would go to a vote up or down, win I do want to make it clear, both to or lose. if everything has been said. this body, to the House of Representa- But the one thing I don’t want to tives, and to America, this side of the At least we would know what we are happen is for people to be critical: We aisle is ready for an up-or-down vote voting on. We would not have a stealth didn’t have enough time; we didn’t since, as we just agreed, there has candidate before the Senate. I think have enough opportunity to debate. the White House ought to look at the Our willingness to at least present probably already been adequate debate fact Mr. Estrada has said he has no ob- why we believe Miguel Estrada is ex- put forward, and I think it is impor- jection to his writings being made pub- tremely well qualified is close to being tant for America to understand your fulfilled. And if we get to the point side of the aisle—whether you use the lic. They ought to make them public, where there is nothing more to say on word ‘‘filibuster’’ or not—is obstruct- and then we can go ahead and complete the other side of the aisle, then we ing or stalling the process which is im- action up or down on this nominee. would expect, if that is the case, an up- portant to our judicial system and to Again, I thank my good friend from or-down vote. I think that signal is our responsibilities, our constitutional Utah for his courtesy in letting me go being sent strongly through our col- responsibilities in this body. forward. I yield the floor. f leagues and what has happened on the The PRESIDING OFFICER. The Sen- floor this week. RESERVATION OF LEADER TIME I think America is paying attention, ator from Utah. The PRESIDING OFFICER. Under recognizing that at this juncture, we Mr. HATCH. Mr. President, it is in- the previous order, the leadership time believe Miguel Estrada is well qualified teresting that my colleague, who is my is reserved. and that there is a critical, drastic friend, says Miguel Estrada is holding shortage of Federal judges today. When f this process up, and then at the end of you put those two together—that we EXECUTIVE SESSION his remarks says he has agreed, he has feel strongly Miguel Estrada is a well- no objections to giving these docu- qualified judge and that there is a dras- NOMINATION OF MIGUEL A. ments, but they never emphasize the tic shortage of judges and our responsi- ESTRADA, OF VIRGINIA, TO BE fact the Justice Department is highly bility to address that issue, which we UNITED STATES CIRCUIT JUDGE justified, is absolutely right, and has are doing well on the floor now—we FOR THE DISTRICT OF COLUM- the opinion of the seven former Solici- would expect that up-or-down vote in BIA CIRCUIT tors General saying these types of con- the next couple of days. fidential memoranda should not be The PRESIDING OFFICER. Under The PRESIDING OFFICER. The Sen- given to the Judiciary Committee or to ator from Nevada. the previous order, the Senate will now Mr. REID. Mr. President, I com- go into executive session to resume Congress. The reason for this is that pliment the leader. In the short time consideration of Executive Calendar these memoranda are utilized in decid- he has been leader, he has allowed full No. 21, which the clerk will report. ing what the Solicitor General’s Office and adequate debate. He could have The legislative clerk read the nomi- should do with regard to various cases. tried to stop debate on the omnibus nation of Miguel A. Estrada, of Vir- If these memoranda become readily bill, and the leader chose not to do ginia, to be United States Circuit available or available at all outside the that, and I think it worked to every- Judge for the District of Columbia Cir- Justice Department, this would chill one’s advantage. On this side of the cuit. the honest, forthright deliberations, aisle, we appreciate that very much. The PRESIDING OFFICER. Who suggestions, and recommendations by I do say, though, speaking as one seeks recognition? those who work in the Justice Depart- Senator, but having spent a little time The Senator from Vermont. ment. I do not think it takes any on this floor, just about everything has Mr. LEAHY. Mr. President, I will be brains to realize the Justice Depart- been said about Miguel Estrada. There very brief. I see the distinguished ment is totally right. will be other people who wish to make chairman of the committee on the statements. As I said, everything has floor. Under normal procedures, he Miguel Estrada is being blamed be- been said but not everyone has said it. would speak first. I appreciate his cause the Justice Department, in ac- We will do everything we can to make courtesy in withholding for a moment. cordance with their seven former So- sure everyone has said it. The majority A lot has been said, and as the distin- licitors General, refuses to give up leader is going to find there will be guished senior Senator from Nevada these confidential memoranda, which other issues spoken about here. We are said, not all have said it. There is actu- are privileged, so the Democrats can go not going to—there is no reason to ally one person who, were he to speak, on a fishing expedition and see if they mince around. We are not going to could speed this whole matter up very can find some matters in those memo- allow an up-or-down vote on Miguel quickly. Miguel Estrada has written randa with which they disagree. They Estrada. That is clear. extensively on his views on very com- can then say: We cannot confirm him Our leader gave a speech yesterday to plex issues on law which would be of because he wrote some memoranda that effect. So the majority leader has great interest to those who have to with which we disagree.

VerDate Dec 13 2002 01:26 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G12FE6.003 S12PT1 February 12, 2003 CONGRESSIONAL RECORD — SENATE S2233 That is what is behind this. This is of the legislative branch also informed might be put on the circuit court of ap- not trying to be fair. This is not trying their decision to restrict the role of the peals? Very few. That means all these to understand what is good or bad Senate in the confirmation process. great Hispanic lawyers who belong to about Mr. Estrada. It is a fishing expe- The Senate’s limited function is appar- the Hispanic Bar Association do not dition to try to get into privileged doc- ent from the Constitution’s very text. have a chance to be a judge under that uments that should remain privileged, To state the obvious, the President reasoning because they have not sat as according to these seven former Solici- holds the power to nominate can- a judge anywhere before. Talk about tors General of the United States, four didates to the Federal bench while the discrimination. Talk about ridiculous of whom are Democrats and partisan Senate’s role is restricted to providing arguments. Talk about prejudice. Democrats at that, although highly re- ‘‘advice and consent.’’ It is a shame it comes from one of spected by me. And the other side Now, that does not mean advice and the Hispanic leaders in the House— seems to act like we should just brush filibuster. It does not mean advice and Democrat Hispanic leaders, I might those opinions aside, even though they obstruction. It does not mean advice add. I cannot imagine anybody who are bipartisan opinions by people who and a demand that only the Senate’s really wants to see Hispanics progress have held this office. I do not think will can be followed. It does not mean and to become judges saying he has no they can have it both ways. I do not advice and fishing expeditions, which is judicial experience, therefore, he can- think their arguments are worth a exactly what is going on. not be a judge. Give me a break. grain of salt. I do not think my colleagues on the Very few Hispanics have judicial ex- In addition, I listened intently yes- other side have a leg to stand on in perience, but there are a number of terday morning, when I could, to the these arguments they have been mak- them who I hope President Bush and comments by the junior Senator from ing. Even if they did, they had every succeeding Presidents will give the op- New York who spoke about the role of opportunity to examine Mr. Estrada. portunity of being a judge. the Senate in the constitutional advice This argument that he did not answer Now that just shows the lengths to and consent process. According to the the questions is ridiculous. They had which the other side has gone to basi- Senator, Mr. Estrada’s failure to an- every opportunity to ask him every cally scuttle this nomination, and this swer questions about his personal question they wanted to, and even stu- constitutional argument we had yes- views on legal issues, which she called pid questions they could ask. Any terday fits in that category. The Con- ‘‘basic information about where a member of the Judiciary Committee stitution assigns the Senate a limited nominee stands,’’ amounts to an un- could ask anything they wanted to, and role in the selection of judicial nomi- constitutional strategy to deny the sometimes we have some of the dumb- nees. It simply allows the Senate to Senate an opportunity to engage in its est questions anybody could possibly ratify the President’s choices, or de- role to advise and consent on nomina- hear, but they have a right to ask these cline to do so. That is the Senate’s tions. dumb questions. But the nominee has a power. While this is an interesting argu- Put simply, the President selects, right to say: I do not think I can an- ment, it is wrong on the law. It is then the Senate reviews and reacts. As swer that because that issue may come wrong on the law and wrong on the Alexander Hamilton explained in The before me as a judge, and if it does, I do facts, too. Her argument ignores the Federalist No. 66: not want to have to recuse myself. Vir- basic underpinnings of the Senate’s There will, of course, be no exertion of tually everybody who has ever been role in the advice and consent process. choice on the part of the senate. They may nominated, who has been in any con- In fact, I submit that the other side’s defeat one choice of the Executive, and troversy, has said exactly that. Top au- effort to demand Mr. Estrada’s per- oblige him to make another; but they cannot thorities from both sides of the polit- sonal views on certain legal issues is themselves choose—they can only ratify or reject the choice he may have made. itself an unconstitutional threat to the ical spectrum agree they should not separation of powers inherent in our answer that, and the American Bar As- I think some of our colleagues on the system of Government and to the sociation’s ethical rule says they other side want to choose these judges, Framers’ desire to maintain an inde- should not. Yet, Mr. Estrada is being and we are finding that continuously in pendent judiciary. I think that is a crucified because he did not tell them their arguments, that the administra- very persuasive argument on my be- everything they wanted to hear. tion does not ‘‘consult’’ with them. If The real problem was, and I think is, half. consultation means the administration It has never been the case that the that Mr. Estrada just did not say any- has to take whatever judges the Demo- Senate is constitutionally entitled to thing they could use against him. It is crats desire, then that is not consulta- an answer to any question it chooses to very disconcerting to my colleagues on tion. Consultation is letting them ask a nominee while exercising its ad- the other side that they didn’t find know what is on the mind of the Presi- vice and consent responsibility. anything to use against Mr. Estrada. dent, and the administration dis- The reason for this is clear. The So they use ridiculous, idiotic argu- cussing it with them, seeing if they Framers sought to ensure the judicial ments like he has no judicial experi- have any real objections to the choices branch would remain independent of ence. I saw the press release by Con- of the President, asking them to weigh the legislative branch. According to gressman Menendez who has led this in and give the administration what- the Federalist Papers 78, judicial inde- terrible fight against Mr. Estrada, with ever information they can, and then pendence ‘‘is an excellent barrier to the his very partisan Democrat colleagues making the choice and going from despotism of the prince’’ and ‘‘in a re- in the House, all of whom are rebutted there. That is consultation. public it is a no less excellent barrier by the Republican Hispanics in the The administration even goes fur- to the encroachments and oppressions House. ther. The administration has had to of the representative body.’’ He basically said, well, he has no ju- put up with the blue slip system, which For this reason, the Constitution dicial experience. Well, that is not only means local Senators have a lot of prohibits Congress from reducing Fed- ridiculous, it is idiotic. One of them power in determining who are going to eral judges’ salaries, guarantees that made the case one does not have to be the Federal district court judges. judges will remain on the bench ‘‘dur- have judicial experience to be a great They do not have the same type of ing good behaviour’’ and allows Con- judge, and that President Clinton nom- power in who should be Federal circuit gress to remove them only by the proc- inated innumerable people to be court of appeals judges. That power has ess of impeachment. These protections judges, that we approved, who had no always been jealously guarded by were borne of the Framers’ fear that judicial experience. Some of the great- whichever White House. like King George III, the Federal legis- est judges in the history of this coun- Mr. DURBIN. Will the Senator yield lature would pressure judges into try did not have any judicial experi- for a question? reaching outcomes of which it ap- ence, and yet that argument is used. Mr. HATCH. Sure. proved that otherwise were consistent It is a terrible argument. I think it is Mr. DURBIN. I want to make sure, with its interests. a prejudicial argument against His- the Senator is saying we are going to The Framers’ intent to insulate Fed- panics, because how many Hispanic stay with the blue slip approach then eral judges from the political influence judges are there in this country who for judges in the future?

VerDate Dec 13 2002 00:20 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G12FE6.006 S12PT1 S2234 CONGRESSIONAL RECORD — SENATE February 12, 2003 Mr. HATCH. I doubt we are, because Mr. DURBIN. The Senator from Utah Tell me what is wrong with Miguel I have said I will follow the exact blue is rejecting Senator LEAHY’s policy? Estrada. Tell me one glove they have slip policy Senator KENNEDY, Senator Mr. HATCH. I am not rejecting it. I laid upon him. Tell me one proof they BIDEN, and I followed. So all this bull am just saying we are going back to have that he is not worthy of being on in the press saying that I am going to the original policy set by Senator KEN- the Circuit Court of Appeals for the change the blue slip laws, yes, I am NEDY, Senator BIDEN, and myself. District of Columbia—other than the changing it from what Senator LEAHY Mr. DURBIN. That is a very positive specious, spurious argument: Well, we did, but I am going back to the process spin, but I think the answer is the Sen- do not know enough about him. of KENNEDY, BIDEN, and HATCH. ator is rejecting Senator LEAHY’s ap- They conducted a hearing. They con- Mr. DURBIN. So if the Senators from proach. trolled the process. They asked ques- a State were—— Mr. HATCH. We will not use the tions. That hearing transcript is this Mr. HATCH. I have said it enough I Leahy approach, that is true, because I thick. Normally the transcript is 10 would hope the Senator heard it. think it is wrong. And I think Senator pages. They controlled everything. Mr. DURBIN. To make sure it is KENNEDY and Senator BIDEN thought it They could have asked written ques- clear for the record, if Senators from a was wrong, as well, by their actions. tions. Only two of them did—two State where a judge is being appointed I find it a little strange that Demo- Democrats did. And he answered them. do not approve of that judge, then you crats are criticizing a policy they Now they are coming in here crying are not going to have a hearing; the themselves set and trying to say I have over their failure to ask any further Senator has to have two blue slips from changed the policy when in fact it was questions, saying: We must examine two Senators from the State? set by Democrats—and leading Demo- him more. Mr. HATCH. That is absolutely false. crats at that. I am hearing that on every judge this Senator KENNEDY set the process to The fact that Senator LEAHY changed President has nominated. We have 26 begin with. When he became chairman it does not mean it was right for him emergency situations in this country— of the committee, he said negative blue to overrule Senators KENNEDY and in other words, 26 real problems in this slips shall be given great weight, but BIDEN and myself. I believed he was country—and other vacancies that are they are not dispositive. wrong. also problems, and I am getting these If both Senators are against the Mr. DURBIN. I ask the Senator one spurious arguments. nominee, that is given great weight by last question, does the Senator, as We have a markup tomorrow. We me. It was by Senator KENNEDY. chairman—— have 3 circuit court nominees, and we Mr. DURBIN. Senator LEAHY’s ap- Mr. HATCH. Let me ask this: Does had a hearing for 12 solid hours. I was proach of both Senators having a voice the Senator have a question? willing to stay even longer. I would as to whether the nominee goes for- Mr. DURBIN. Yes. Did the Senator have stayed all night, if necessary, to ward, the Senator is not going to abide from Utah, as chairman of the com- get that hearing over with. It was the by that blue slip process in the future? mittee, ever have a hearing for a nomi- Democrats who decided it was over. Mr. HATCH. I have changed the nee who did not receive both blue slips Leahy approach because it was in con- They had every chance to ask ques- from Senators in the State? tions. I am hearing they will filibuster tradiction to the Kennedy, Biden, and Mr. HATCH. I don’t recall. Hatch approach, who followed Kennedy these three nominees in the Judiciary Mr. DURBIN. I think the answer is Committee tomorrow. and Biden and did it to the letter. no. It is very difficult, when two Sen- When is it going to stop? When are Mr. HATCH. As the general rule, it they going to start doing what is right? ators go against a nominee, for that stopped the nominee—as a general rule, nominee to make it, but it is, as Sen- Will this all be partisan just because but it is not dispositive. they did not win the Presidency? Is ator KENNEDY said, not dispositive. (Ms. MURKOWSKI assumed the President Bush going to be treated this That has been the rule, as long as I can chair.) way on every judgeship? They say remember, until Senator LEAHY Mr. DURBIN. So we will change not these are controversial judges. I have changed it. I think even Senator LEAHY only the Leahy approach but the Hatch not seen one circuit court of appeals basically acknowledged that rule. approach? Mr. DURBIN. I say to the Senator Mr. HATCH. No, I still have the same nominee since I have been chairman of from Utah, the rule that has been fol- approach. I gave great weight to the this committee who they do not think lowed since I have served in the com- Senators, and I intend to in the future. is controversial. Every one is con- mittee under your leadership, as well But that does not mean that a legiti- troversial. The reason is they are cir- as under Senator LEAHY, said both Sen- mate nominee should not have his or cuit court of appeals nominees, and ators would have a voice in the blue her day in court. this President has nominated them, slip process. Mr. DURBIN. One last question: Does and they presume they must be Repub- Mr. HATCH. And both do. the Senator, as chairman of the com- licans and conservative. The only Mr. DURBIN. The fact the Senator is mittee, now send out blue slips to nominees about whom I did not hear changing it suggests to me, again, he is Members so they can respond? any argument were the Democrats this removing the power of the committee Mr. HATCH. We do. That is a policy President has nominated, holding out and of the Senate to look at judicial of the Senate Judiciary Committee. his hand to them, saying, let’s work to- nominees. Mr. DURBIN. They have been sent gether. He has nominated Democrats Mr. HATCH. Not one bit. out? we have been able to get through, and Mr. DURBIN. That is what the debate Mr. HATCH. As far as I know. If they with my approval. is all about. have not, they should be. We know Now that we have some Republicans Mr. HATCH. Not one bit. In fact, I re- some have been returned and some such as Miguel Estrada, who may be iterate to my friend again, I did not set have not been returned. conservative, the President is not get- this policy. It was set by Senator KEN- Mr. DURBIN. Thank you. ting a fair shake. They are not even NEDY. I remember when he set it way Mr. HATCH. Now, let me just say trying to give him a fair shake. I don’t back then, there was a lot of people this. I was speaking a few minutes ago think my friends on the other side have upset about it on our side, but it be- about the Federalist Papers and what to rubberstamp anybody, but they came the policy of the committee. they had to say. ought to be fair. They ought to be fair Then when Senator BIDEN became As I said before, and has been repeat- to this President. He is the President chairman of the committee, he agreed edly quoted, as though I said some- of the United States. He has a right to with that policy. He adopted that pol- thing I am not following to this day, I nominate these people. Unless they can icy. Then when I became chairman of agree that the Senate should not be a show some legitimate reason for not the committee for the first time, I rubberstamp to a President’s choices confirming these people, then these agreed with that policy and I followed for the judiciary. We do not have to be people should be confirmed. that policy. All I am saying is I am a rubberstamp. Where is the legitimate reason going to follow the policy set by Demo- We have an obligation to look at against Miguel Estrada? I don’t see crats. these people and to see what is wrong. any. I have not heard one legitimate

VerDate Dec 13 2002 01:26 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G12FE6.008 S12PT1 February 12, 2003 CONGRESSIONAL RECORD — SENATE S2235 reason the whole time we have debated he was rated well qualified by the to answer, even though the transcript this for the last week—not one, not American Bar Association, has the is thick with extensive hearing ques- one—other than we should be able to Senator from Utah ever failed to ap- tions and answers. He answered their continue a fishing expedition long after prove a nominee from President Clin- interrogatories, written questions, but they held a very extensive hearing on ton who was well qualified by the only two of them took the time to this person, long after they had the op- American Bar Association? I think the write them. I hope we don’t send writ- portunity of sending him written inter- Senator has answered that question ten questions to every one of these rogatories or questions. And only two that there were times when he rejected nominees, but if you have some ques- of them did. Now they are in here cry- nominees, voted against nominees, re- tions, send them. ing as if they have been somehow mis- fused to have hearings for nominees, He said if the Justice Department treated in this process. They controlled delayed hearings on nominees who wants to give up these memoranda, it the process. were rated well qualified by the Amer- is OK with me, I am proud of my work. As has been the case history, the ican Bar Association. But he fully understands why they Senate is entitled to detailed informa- Mr. HATCH. Not that I recall. I never don’t want to simply turn them over. tion about a nominee’s background, ca- allowed the American Bar Association They are private, they are confidential, reer, and qualifications for the bench. to make the determination in my mind and they involve opinions that could Mr. Estrada has provided ample infor- whether I was for or against someone. undermine the work of the Solicitor mation to allow the Senate to deter- I have paid attention to what they do, General of the United States in arguing mine his qualifications. even when I disagree with them. I al- for our country. If they are disclosed First, it bears repeating that the ways read what their recommendations and if other workers in the Solicitor American Bar Association, their gold were, and I always gave credibility General’s Office believe their opinions standard, when we were having prob- where credibility should be given. I are going to be disclosed to the public, lems whether the Bar Association was will continue to do that. guess how honest the future opinions fairly examining judges—and there What I disagree with: I don’t think are going to be, especially if somebody were some real questions on our side the American Bar Association system wants to go on to hold another position because of some ridiculous, I think, should be a determining factor one way in the Justice Department or Govern- ratings they had given in the past—the or the other whether a person is ap- ment that is a confirmable position, or Democrats said: We must have the proved by a Judiciary Committee of wants to become a district court, or ABA ratings. We will not allow can- the full Senate, whether a person is circuit court, or Supreme Court judge. didates to go through, nominees to go confirmed. I personally don’t think Second, Mr. Estrada testified for a through, without the ratings. It is our anybody should take that attitude. full day in the Senate Judiciary Com- gold standard. Some did. But that should not be a rule mittee on a range of subjects and then I think it bears repeating that the of the Senate. We have that responsi- answered written follow-up questions American Bar Association unani- bility, not the ABA. I appreciate the from committee members. As I said, it mously—the standing committee that Senator’s excellent question. should be mentioned that only two really examines these judges and takes Nor am I for Mr. Estrada because he members of the committee decided to it seriously—unanimously rated Mr. happens to be unanimously well quali- pose such questions. Estrada well qualified for this position, fied. It is because he is the fulfillment Third, Mr. Estrada has received the Democrats’ ‘‘gold standard.’’ That of the American dream. Here is this broad bipartisan support from lawyers is the highest rating the American Bar young Hispanic man who came to who know him best, including former Association grants. America not speaking a lot of English, Clinton Solicitor General Seth Wax- Let me say one other thing before I he learned English, and then he goes on man and Vice President Gore’s former yield to my colleague. That is this: I and becomes a graduate of Columbia chief of staff, Ron Klain—these are top have had real problems with the Amer- University, magna cum laude, and then Democrats who say this man deserves ican Bar Association in the past. I was he goes to Harvard and graduates confirmation—former Clinton Justice the one who said: We are not going to magna cum laude there, where he was Department officials Randolph Moss allow them to be part of the process. editor of the Harvard Law Review. and Bob Litt—again, two top Demo- They can submit their recommenda- Then he holds various positions, rang- crats, many individuals in the Justice tions. I will give them weight, and Sen- ing from clerk on the Second Circuit Department; and, in addition, 14 other ators can give whatever weight they Court of Appeals and clerk for Justice colleagues of Miguel Estrada in the So- want. But they will not be a vetting Anthony Kennedy, a moderate on the licitor General’s Office have all written processor that can determine whether Supreme Court. And then he worked in glowing recommendations of Mr. a person sits or not. The reason I did the Solicitor General’s Office in the Estrada. that was I believed they were not being first Bush administration and also for Fourth, the Senate is free to review fair. the Clinton administration. He has rav- the briefs and other publicly available In the intervening years, and cur- ing reviews of the kind of work he did written work Mr. Estrada performed on rently, I believe the American Bar As- there. Then he becomes a partner in behalf of clients in the more than 15 sociation has straightened out its act, one of the great law firms in this coun- Supreme Court cases he has handled and I believe they are being fair, and I try, Gibson, Dunn & Crutcher, at a rel- during his career. believe they are doing a good job. I atively young age. He has argued 15 The record is voluminous. They are want to be the first to correct the cases before the U.S. Supreme Court, also able to get the oral arguments he record as to why I am in agreement winning 10 of them. made before the Court. Surely they can that we can pay very good attention. I Look, it doesn’t take many brains to get, from all of that documentation, don’t think even the American Bar As- say this must be one heck of a guy, he enough to understand what his judicial sociation should stop someone from must be one heck of a lawyer, and he philosophy might be. Keep in mind, he being a judge just because they dis- must really be someone who can do the was representing clients, so it would agree—and I can name two cases where job on any bench in this country. To probably even be unfair for them to I personally led the fight to have say he has no judicial experience when distort and utilize anything they dis- judges confirmed who were rated not he clerked for two major Federal agreed with in all these documents be- qualified by the American Bar Associa- judges—one a circuit judge and the cause he represented clients and had to tion and the judges have turned out to other a Supreme Court Justice—I do the best he could for them. That be very good judges in the end. think is pure bunk, and everybody doesn’t mean those were necessarily I yield. knows it. That keeps coming up like it his opinions, other than he did a job as Mr. DURBIN. I think the Senator is a real argument. That is what they an attorney must do on behalf of his may have answered. I was going to ask, call arguments—that he wasn’t a judge clients. It’s a ridiculous argument that as chairman of the Senate Judiciary and, therefore, he should not have this we don’t know enough about him be- Committee, if the Senator believes we privilege; that he hasn’t answered cause there is no doubt that the record should approve Miguel Estrada because questions just the way they want him is voluminous. They could go through

VerDate Dec 13 2002 00:20 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G12FE6.011 S12PT1 S2236 CONGRESSIONAL RECORD — SENATE February 12, 2003 all of that. I don’t believe they have Although recognizing the constitutional certainly is—and I don’t think anybody gone through very much of it. Perhaps dilemma which appears to exist when the can really argue he is not, with the some of the staff. Senate is asked to advise and consent on a reputation and the achievements he This is just a phony bunch of excuses judicial nominee without examining him on has had in his life—in all honesty, we for giving this Hispanic American a legal questions, the committee is of the view that Justice Fortas wisely and correctly de- should move to a vote. The fact he rough time. They are against him be- clined to answer questions in this area. hasn’t had judicial experience other cause he is supported by a Republican To require a judge to state his views than the years he spent as a judicial President and he may be conservative. on legal questions or to discuss his past clerk in the Second Circuit Court of My goodness, he may even be against decisions before the committee would Appeals and with the Supreme Court of their hallmark decision of Roe v. Wade. threaten the independence of the judi- the United State of America—I mean, Come on. These are foolish arguments. in all honesty, we have had fellow His- All of this information is more than ciary and the integrity of the judicial system itself. It would also impinge on panics say he is not Hispanic enough, adequate. We have the Supreme Court and he hasn’t done enough for the His- cases, the briefs that were filed, and ar- the constitutional doctrine of separa- tion of powers among the three panic community. Gee, I think every- guments that were made—all of that thing he has done has been for the His- information is more than adequate to branches of government as required by panic community, and for everybody address Mr. Estrada’s qualifications. the Constitution. Democrats back then made it very else as well. This is a man who really We have approved thousands of judges clear, including Lloyd Cutler and does. who have never argued a case in the countless others, that they should not Where does all of this come from? It Supreme Court. He argued 15, winning be answering questions about how they 10 of them. This body must, in order to comes from the 2001 retreat the Demo- might rule on given cases. Why this is crats held where they had some of the maintain the proper constitutional bal- suddenly not so clear to my colleagues ance, refrain from seeking just this top liberal law professors come in and on the other side is a mystery. suggest to them how they have to fight sort of information from Mr. Estrada. Finally, the ABA’s Model Code of Ju- on judges and how they have to be un- We should not have a right to this sort dicial Conduct also prohibits a nomi- fair. They came up with these ‘‘weap- of information any more than we have nee from discussing his personal views. a right to have them from their nomi- Canon 5A(3)(d) of the ABA’s Model ons of mass obstruction’’ because they nees to serve in our Federal courts. Code of Judicial Conduct states that do not want to have Bush judges con- Many distinguished Democrats have prospective judges ‘‘shall not . . . make firmed. themselves noted that seeking personal pledges or promises of conduct in office No. 1, they suggested: ‘‘Bottle up views is highly inappropriate. Justice other than the faithful and impartial these nominees in committee.’’ Thurgood Marshall made this point in performance of the duties of office . . . We are doing that every day. I have 1967, when he refused to answer ques- [or] make statements that commit or had a threat they will filibuster the tions at his confirmation hearing about appear to commit the candidate with nominees in our markup, which I do the fifth amendment. He said: respect to cases, controversies or issues not recall ever happening in my almost I do not think you want me to be in the po- that are likely to come before the 30 years in the Senate. But that is what sition of giving you a statement on the fifth amendment, and then, if I am confirmed and court.’’ I have been informed might happen. I sit on the Court, when a fifth amendment Mr. Estrada’s opponents in essence hope they will reconsider that. case comes up, I will have to disqualify my- are asking him to violate this ethical No. 2: ‘‘Inject ideology in the con- self. canon. Mr. Estrada possesses an excellent firmation procession.’’ Lloyd Cutler, one of the great law- We see that regularly, where here- yers in this town, a former Clinton record—one which merits confirma- tion. Efforts by the other side to deny tofore both sides have said ideology is White House counsel, and former not a part of this process. Yet, we have Carter White House counsel, who also him confirmation in the face of this ex- cellent record are unfair and degrading seen that in almost every circuit court was at the other end of Pennsylvania of appeals nomination. Avenue at the same time as the Sen- to the confirmation process. The arguments made by the other No. 3: ‘‘Seek all unpublished opin- ator from New York, disagrees with ef- side are not constitutional, they are ions.’’ forts to discern a nominee’s ideology political. The other side knows that during the confirmation process. Ac- That is why they are upset. Because the Constitution prohibits this body he is not a judge, he has no published cording to Mr. Cutler: from intruding on the independence of It would be a tragic development if ide- opinions. He has unpublished opinions. ology became an increasingly important con- the judiciary, and from forcing can- But unpublished opinions—judges do sideration in the future. To make ideology didates to provide us with their per- hundreds of those every year. Over a an issue in the confirmation process is to sonal views on legal issues. I hope the course of time, such as in the case of suggest that the legal process is and should Senate will reject these unconstitu- Dennis Shedd, he did thousands of be a political one. That is not only wrong as tional efforts and I surely hope that we them. Yet, they wanted his unpub- a matter of political science; it also serves to will vote soon to confirm Miguel lished opinions because that would weaken public confidence in the courts. Just Estrada. slow the process down even more. Re- as candidates should put aside their partisan I have to ask, Where are the real ar- political views when appointed to the bench, gardless of how much it cost the tax- guments against Mr. Estrada? The fact payers to go back through all of those so too should they put aside ideology. To re- they haven’t been able to dig up any tain either is to betray dedication to the archival records and dig up unpub- process of impartial judging. dirt on him is lamentable, I guess, to lished opinions, there were thousands Former Senator Albert Gore, Sr., them. But, on the other hand, they from Dennis Shedd. also believed that efforts to discern a haven’t been able to. The fact is they do not have a good argument against They don’t have that in this case. nominee’s personal views were inappro- They can’t do that in the case of priate. Former Senator Gore noted the Miguel Estrada, other than these spe- cious arguments that they should be Miguel Estrada. What they seek is following in connection with the 1968 privileged in terms of memoranda. No nomination of Abe Fortas to serve on allowed to get into confidential, pri- vate, and privileged information at the nominee worth his salt is going to the Supreme Court: want his privileged internal memo- [A] judge is under the greatest and most Department of Justice in the Solicitor General’s Office. They can’t get those randa made public to the Senate Judi- compelling necessity to avoid construing or ciary Committee, or to anybody else, explaining opinions of the Court lest he may materials, but the fact of the matter is appear to be adding to or subtracting from they shouldn’t be able to do so. Not because that would chill the giving of what has been decided, or may perchance be only do I say that, but seven former fair, reasonable, and honest, and I prejudging future cases. Solicitors General—four of them are might say, effective opinions of the The Senate Judiciary Committee top Democrats—even to this day take Justice Department. agreed with Senator Gore, noting the that position as well. What they really then said—and this following in a committee report on the My gosh. The fact he wasn’t a judge is the bottom line—if all those top Fortas nomination that year: is irrelevant. If he is qualified, as he three weapons don’t work, and so far

VerDate Dec 13 2002 01:26 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G12FE6.014 S12PT1 February 12, 2003 CONGRESSIONAL RECORD — SENATE S2237 they haven’t worked in the Estrada Estrada’s refusal to answer questions. I should not do it. But that does not nomination—then you do the last think I have finally come to a conclu- mean it cannot be done and has not thing; that is, filibuster for the first sion of how to explain why he has not been done in the past. Ask Chief Jus- time in the history of the United answered questions. tice Rehnquist: Has it been done in the States against a circuit court of ap- Travel with me 3,000 miles to Nevada. past? Of course, it has been done in the peals nominee, or even a district court We have a home in a place called past. Ask others who have been here, nominee. Searchlight, NV. It is a relatively new Attorney General Civiletti, and others. I acknowledge we have had cloture home. We built it a year ago last De- Of course, when there is a question votes in the past, but not because there cember. We have new furniture in it. I that arises and you think somebody is was a true filibuster. But yesterday we have a lot of grandchildren—12 and really good, then you do what is nec- were told by our colleagues on the soon to be 13. One of my sons has three essary to get them confirmed. We are other side they are going to filibuster. little boys. They are just very close to- not asking that much: Answers to And we are, in effect, in the middle of gether. My little grandson, Wyatt, just questions, real answers, not ‘‘Wyatt’’ a filibuster, as my good friend from Ne- turned 3. It was obvious he had gone to answers. And let’s see what you wrote. vada mentioned this morning; that one of our new couches and had written Mr. HATCH. Will the Senator yield? Mr. REID. I am happy to yield for a they are not going to allow a vote un- on it. question without losing my right to less they can get these privileged inter- So his dad sees that, and he goes to him and he starts interrogating my 3- the floor. nal memoranda, which is again part of Mr. HATCH. Is the Senator familiar year-old grandson. He had just turned this weapon of ‘‘mass obstruction’’ or with this huge transcript of the hear- 3. He said: Did you do that? Wyatt said: these weapons of ‘‘mass obstruction’’ ing? I do not believe the Senator was to totally shut down and delay fairness No. He said: Well, who did it, then? He there. to President Bush’s nomination. That said: I don’t remember his name. Mr. REID. I say to my friend—— is what it comes down to. That is how Miguel Estrada answers Mr. HATCH. I think it is a little un- Let me tell you, it is the wrong thing questions. He uses the ‘‘Wyatt’’ an- fair to put up there that he doesn’t an- to do, because it works both ways. swering method. Sure, he fills up a swer any questions. This whole tran- Someday perhaps the Democrats may book, but he does not say anything: script is filled with answers. He may get the Presidency themselves and ‘‘Who did it?’’ ‘‘I don’t remember his not have answered them all the way then find themselves in the same stu- name.’’ the Democrats wanted him to answer pid position we find ourselves in where Mr. President, I cannot do it in a bet- them. they cannot get honest treatment for ter way: ‘‘Miguel Estrada’s Answers to Is the Senator also familiar with the their nominees because whenever there the Judiciary Committee’s Questions.’’ fact he argued 15 cases before the Su- is a ‘‘controversial’’ nominee, there is Here they are, on this chart, for every- preme Court, and that the Democrats going to be a filibuster. It is a dan- one to see. That is it: ‘‘Miguel have had access to all of those briefs, gerous road to go down. I want to rec- Estrada’s Answers to the Judiciary all of those arguments? ommend to my colleagues on the other Committee’s Questions.’’ That is it. It Mr. REID. As I told the majority side, don’t go down that road anymore. is a blank page. leader—— The best thing you can do is to face the He can fill up a volume this deep Mr. HATCH. I think that is a little music and let the Senate vote. That is with ‘‘Wyatt’’ answers. And the way he unfair to use that type of argument— what the Senate should do in this mat- answers questions, here is what we look at it. ter. It should vote up or down. know about his legal philosophy, as Mr. REID. As I told the majority It is believed by some on the other shown on this chart. That is it: leader this morning, everything has side that Miguel Estrada is a shoo-in ‘‘Miguel Estrada’s Legal Philosophy’’ been said but not everybody has said it. because every Republican is going to is summed up with those four words. What I am doing today is just saying it vote for Miguel Estrada. We know There isn’t any. We don’t know. a different way. Everything has been there are a number of Democrats—I do And if we want to take a look at his said. not know how many, but there are a memoranda, which is some evidence of Mr. HATCH. Let’s be fair about it. few for sure, and I believe others—who what he said in his legal writings, this Mr. REID. I would be happy to an- will vote for him as well, which means is what we have: ‘‘Miguel Estrada’s swer my friend. As I said—I am sure he will sit on the Circuit Court of Ap- Legal Memoranda.’’ That is it, another my friend was not listening—you could peals for the District of Columbia. blank page. fill up a volume twice that big with There are some on the other side who I said, as politely as I could, to the ‘‘Wyatt’’ answers. That is what he has do not want him to sit on the bench distinguished majority leader, we have done. He has not answered questions. He has said words, but he has not an- under any circumstances because they a problem here. Now, we may be wrong, swered questions. think he might be a conservative judge Mr. President. We think we, on the basis of principle, are doing what the Mr. HATCH. Will the Senator yield who might disagree with them on some for another question? Constitution directs us to do. We be- of their litmus test issues. Mr. REID. We have gone through his lieve, as a matter of principle, we are That is wrong. If we took that atti- transcript. And, in fact, the distin- tude, there would be very few judges right. And history, I believe, will prove guished Senator from California, sitting on the circuit courts of appeals. we are right. , is a person who is Mr. HATCH. Will the Senator yield? I have worked my very best to make very fair, and on these nominations she Mr. REID. I will, in just a second, to sure we never, ever had a filibuster bends over backwards to make sure the my dear friend. started on my watch. We were success- Republican President gets whoever he ful. There were some who wanted to fil- Mr. President, people have a right to wants. But DIANNE FEINSTEIN was so disagree with us, but we are united in ibuster occasionally because they felt concerned, she went back and reread saying we want from this man the abil- so deeply ideologically opposed to some everything, and she came to the con- ity to have him answer real questions of the Clinton nominees. There were clusion he has said nothing. And that is some who felt deeply against some of and not give ‘‘Wyatt’’ answers. what this is all about: He has said We also believe, Mr. President, with- the Carter nominees. But we stopped nothing. it. I believe my colleagues on the other out any question, we have a right to Mr. HATCH. Will the Senator yield side of the aisle ought to do the right his legal writings he performed while again for another question? thing to stop it here. he was with the Solicitor General’s Of- Mr. REID. Yes, I will. I yield the floor. fice. It has been done before. Mr. HATCH. Has the Senator read The PRESIDING OFFICER (Mr. Now, if this man is as good as they this transcript? GRAHAM of South Carolina). The Demo- say he is, then that seems a very small Mr. REID. I have gone through the cratic leader. duty. They can talk about how it is transcript. Mr. REID. Mr. President, I have sat chilling, and all this kind of stuff, and Mr. HATCH. You have read it, and here for the last couple of days trying that there have been people who say he you say he has not answered the ques- to figure out a way to explain Miguel should not do it. Of course, they say he tions?

VerDate Dec 13 2002 01:26 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G12FE6.016 S12PT1 S2238 CONGRESSIONAL RECORD — SENATE February 12, 2003 Mr. REID. He has given ‘‘Wyatt’’ an- ary Committee disagreed with every Mr. HATCH. Matter of personal privi- swers. He has answered questions, but answer he gave, but he knew what he lege. he has not answered questions com- was talking about, and he answered The PRESIDING OFFICER. The Sen- mittee members felt he should have an- every question to the best of his abil- ator from Utah. swered. I think he was evasive, terribly ity. And that Senator voted for that Mr. HATCH. We did not use the term evasive, and I think this adequately de- person, even though that member of ‘‘weapons of mass destruction.’’ Matter scribes his answers. the Judiciary Committee told me he of personal privilege. I want to say something else. It has was not of that person’s political phi- Mr. REID. I have the floor. I have the been said—but let me say it again—he losophy. That is an example. Not only floor. has been at the Supreme Court 15 did we do 100, exactly 100 last year, the The PRESIDING OFFICER. The Sen- times. Now, the distinguished Pre- 18 months we were in control, but as I ator is correct. Mr. REID. I am happy to yield to my siding Officer is a trial lawyer. I was recall, Monday we voted on three friend from Illinois. very impressed, even though I dis- judges. Not a single Democrat voted Mr. DURBIN. I want to say to my agreed basically with his presentation, against any of those nominees. friend from Nevada—— right here, 4 years ago. But it was very I said last night, and I will tell my Mr. HATCH. Parliamentary inquiry. clear, as I learned afterward, that the friend from Illinois—I will repeat just The PRESIDING OFFICER. Will the Presiding Officer was a fine trial law- what I said. My father-in-law was a Senators yield for an inquiry? yer. And I would like to think I have chiropractor, but even though he was Mr. REID. No. had some fairly good experience in a not a trained medical doctor, he really Mr. DURBIN. I want to say to my courtroom. I tried over 100 jury trials. understood people’s feelings and their colleague, the Senator from Nevada, But with all the jury trials I tried, you illnesses. He always used to tell my many people here may characterize could go back and read every word I ar- wife, and he told me, that if a person this debate over Miguel Estrada in a gued to a jury, every cross-examina- says they are sick, they are sick. We variety of ways, but many of us be- tion I did, every direct examination I have had people second-guess: He’s not lieve—I think the Senator from Nevada did, and you would not know how I really sick, he’s faking it. He said if shares this belief—what is at issue here stood on a single issue, because I was somebody says they are sick, they are is a constitutional principle. It goes to there representing people. I rep- sick. the founding of our Republic. When the resented people who killed people. I What I have been telling everybody Founding Fathers decided that this represented people who robbed people on the other side is Miguel Estrada has body of 100 people would have the last with guns. I represented insurance a problem. You may not agree it is a word, to advise and consent on appoint- companies. I represented people who problem, but it is just like my father- ments to the Federal bench of judges had been injured. And I sued insurance in-law says: When somebody keeps tell- who were seeking lifetime appoint- companies. That does not have any ing me they have a problem, they have ments, this is no trivial thing. It is not bearing on how I feel about a par- a problem. Miguel Estrada has a prob- a personal thing when it comes to ticular principle, me personally. lem, and the only way they can have Miguel Estrada. You could have 5,000 cases at the Su- that problem resolved is supply his I think the point I tried to make to preme Court and that does not deter- memos and, in addition to that, answer the Senator from Nevada: We have ap- mine how you stand. You write briefs. questions. If he doesn’t do that, there proved 103 nominees from the Bush You are an advocate for a client. And are very few alternatives left. White House without fail, each one of Miguel Estrada argued cases before the One is to try to invoke cloture to them conservative politically. I am Supreme Court when he worked for the stop this debate. No. 2 is pull the nomi- sure I disagree with them on many Federal Government. He had a job to nation. That decision has to be made issues, but so be it. That is the nature do, and he did a decent job. He won 75 by the Republican majority. We are not of the system. percent of his cases, I understand. in the business of stopping judges. We, I ask the Senator from Nevada, what Mr. DURBIN. Will the Senator yield along with many groups in America is at stake in this debate, the reason it for a question? today—not the least of which is the is taking so much time? Is it not a con- Mr. REID. I will be happy to yield for Congressional Hispanic Caucus, but we stitutional principle that goes beyond a question. could go on and on with other groups— a cute political phrase as to whether or Mr. DURBIN. The point has been believe this man is a blank slate. not this Senate is going to meet its made by the chairman of the Judiciary I want to say something to my friend constitutional responsibility to make Committee, Senator HATCH of Utah, from Illinois and everyone within the sure that every nominee is honest and that because some Democrats do not sound of my voice, including my dear open and candid with the American agree with what is supposed to be friend from the neighboring State of people and the Senate so we do not end Miguel Estrada’s political philosophy, Utah, somebody for whom I have great up with a secret judiciary, men and that is why he is running into some dif- respect and admiration, ORRIN HATCH. women who skate through by keeping ficulty in the course of this debate. I don’t know who came up with this their mouths shut? I would like to ask the Senator from ‘‘weapons of mass destruction,’’ but I am sorry your grandson has become Nevada, is it not true we have approved they should be ashamed of themselves. the object of this debate, but his an- over 100 nominees from the Bush White We have a situation where my family is swer to the question is a priceless one. House, and 100 of those were under Sen- out today trying to buy duct tape be- When he was asked if he was guilty of ator LEAHY, the Democratic chairman cause they are afraid. They are afraid mischief, he said: I don’t remember the of the Judiciary Committee? And is it there is going to be a biological attack name of the person who was. That is not also true that among those nomi- or a chemical attack, as we have been the kind of evasive answer we have nees were people who were generally told by Secretary Ridge there might with Miguel Estrada. It goes way be- conservative in terms of their political be. yond a catchy political phrase. It goes beliefs, who have been approved by the Why? Because people are going to way beyond political posturing. Judiciary Committee, and by the Sen- bring to our country weapons of mass I ask the Senator from Nevada, did ate, because we understood where they destruction. A play on words today, we not sit here yesterday, both of us, particularly held their beliefs and went thinking it is real cute—they are say- going to the Constitution itself, to read forward and gave them approval? ing we are using ‘‘weapons of mass ob- again our constitutional responsibility Mr. REID. Let me answer the ques- struction.’’ I think it is cheap, petty, when it comes to advice and consent on tion this way. A member of the Judici- wrong, and is below the dignity of this the judges nominated by any Presi- ary Committee, who has liberal creden- Senate. dent? tials, came to me and said: You know, I want anyone who thinks that is Mr. REID. Article II, section 2. there’s this man named McConnell—I cute to get a better joke writer because I am happy to yield to my friend think that was the name of the indi- it is not very funny. from Utah. vidual who came before the Judiciary Mr. DURBIN. Will the Senator yield Mr. HATCH. I appreciate it. I knew Committee. The member of the Judici- for a question? he would. My friend is a very fair and

VerDate Dec 13 2002 00:59 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G12FE6.019 S12PT1 February 12, 2003 CONGRESSIONAL RECORD — SENATE S2239 very decent man. Personally, I just for the District of Columbia I find par- process. I know my friends on the other want to correct the RECORD. We did not ticularly reprehensible. But it is not side don’t like President Bush or don’t use the term ‘‘weapons of mass de- just that. It is not just that. The real agree with his philosophy, and they struction.’’ We used the term ‘‘weapons reason they are doing this is that they don’t agree with his choices of judges. of mass obstruction.’’ are so afraid that this brilliant young Several of them really feel that way, Mr. REID addressed to Chair. Hispanic lawyer, with all of these cre- and they do it sincerely. I can under- Mr. HATCH. The Senator yielded to dentials, may someday be tapped by stand that. But let’s treat them fairly. me. We have used what was used in the the President for the U.S. Supreme Let’s treat the President of the United Senate retreat for the Democrats in Court. The very fact that he is consid- States fairly. Some day the Democrats 2001, exactly what these liberal law ered for that shows the quality of the will have that position. I hope it is not professors said Democrats should do to man. in the near future. But they may have mess up the confirmation process and But look at his record. Then, to try that position. And if I am here, I am make it difficult for this President to to imply that he did not answer ques- going to treat them fairly, which I did be treated fairly. If these are not weap- tions, or even state that he didn’t, with for President Clinton. I think every- ons of mass—obstruction—to make it this kind of hearing record, when they body around here knows it. I made clear, then I don’t know what they are. controlled the whole process, I think is every effort I could. But I would be ashamed to use all of particularly wrong. those approaches. Above all, I would be Look, I happen to respect my col- If my colleague asks for the floor ashamed to use a filibuster, the first leagues on the other side. I like them. back, I will be glad to give it back at time in history, to risk the whole judi- I definitely have a great relationship this time. ciary because of partisan politics, and with my friend from Nevada. We are The PRESIDING OFFICER. The to do it against the first Hispanic ever close personal friends. This isn’t the Democratic whip. nominated to the Circuit Court of Ap- usual language around here. I am say- Mr. REID. Mr. President, I want to peals for the District of Columbia. ing he is one of my close personal complete my statement, and I will be What is fair about that? What is friends. I would do almost anything for very brief. right about that? I would be ashamed. him. I like the Senator from Illinois. Mr. REID. I thought the Senator had He is one of the brightest, most articu- I think it is improper. I have at- a question for me. late people in this body. He is a good tended every Democratic retreat that Mr. HATCH. I thought I was yielded lawyer. has been held in the last many years. I the floor. But I tell you, I have never seen any- don’t remember anyone ever saying Mr. REID. I technically yield the thing like this, not in my whole time that at a retreat that I attended. It is floor. I thought it was for a question. in the Senate. I think it is wrong. I improper and not good to use it at a You have the floor. think it is wrong. time when the President is talking Mr. HATCH. If not, I apologize. You know what is driving all these about going to war, when we have a The PRESIDING OFFICER. The Sen- outside left-wing groups that are out war going on with terrorists today. ator has the floor. there? It is their base, and they even Suffice it to say that Miguel Mr. HATCH. And then bring up say it, led by People for the American Estrada’s answers to Judiciary Com- Moreno, as if there were a blue slip pol- Way who are acting in a very un-Amer- mittee questions are just like this, a icy issue? It could have been. But the ican way: Distorting these people’s blank slate. He has given answers, as real issue was that the White House re- records, bringing partisanship in, de- my grandson answers questions: I don’t fused to consult with the two Senators manding litmus test votes, demanding remember his name. of the State. I wrote a letter to Chuck a filibuster, which is exactly what the Ruff and said: You need to consult with other side has done. They are hurting We refuse to serve as a rubberstamp. them. And they never did. this process like you can’t believe. We believe strongly that there is a way I have to say, in my chairmanship, if Are my colleagues on the other side out of this, and that is by answering this administration doesn’t consult listening to that stuff? We have had the questions that were asked in detail with two Democrat Senators in the some on our side listen to it, but we as have other nominees who have come State, that nominee is not going to have always stopped it. I am really before us. We also believe he should move. Now, I am not going to put up concerned about it. I am concerned supply the memoranda that he wrote with a screwed-up definition of what about this process. As important as when he was in the Solicitor General’s consultation is. But they are going to Miguel Estrada is, this process is even Office. have to consult. And they are con- more important. But I have to say, We believe this is our constitutional sulting. That has been my direction to Miguel Estrada is a terrific nominee. duty. And as I said before, everything Judge Gonzales, to the Justice Depart- They should have to come up with has been said. We are going to figure ment, to anybody: You need to consult something valid or substantive, not with Democrats and Republicans up just all of these philosophical objec- out, however long the majority leader here. We do have some rights as Sen- tions that really have no merit to wants to talk, different ways to say it. ators. begin with. But we are not going to back down But let me tell you, I personally re- Mr. REID. Will my colleague yield? from this. This is something we believe sent anybody trying to compare what Mr. HATCH. I am happy to yield. as a matter of principle. If we let this we are doing here, quoting liberal law Mr. REID. The Senator raised a per- go through, somebody can come before professors who ought to know better, sonal privilege. the Judiciary Committee and, in effect, by calling what they have suggested to Mr. HATCH. I withdrew that. give them nothing and say, boy, I the Democrats ‘‘weapons of mass ob- Mr. REID. And then I yielded the showed you guys. I think people need struction’’—it is a far cry from ‘‘weap- floor. to be candid, forthright, and he has ons of destruction.’’ Mr. HATCH. You did. simply not done that. The record is This is true. There is not a word on Mr. REID. I didn’t do it in the proper very clear to that effect. I think using there that is not true. You go down to way. I had not finished my statement. the term ‘‘weapons of mass obstruc- the bottom line, which is, if you can’t I should have said, I yield the floor to tion’’ is wrong. win on all these other procedural my friend for a question. I didn’t do Mr. BENNETT. Will the Senator mechanisms that really are not valid, that. I hope the Senator doesn’t talk from Nevada yield for a question? then you filibuster; for the first time in too much longer so I can get the floor Mr. REID. I am happy to yield for a the history of circuit court nominees, back. we have a true filibuster. And to do it Mr. HATCH. Let me honor my col- question. against the first Hispanic ever nomi- league’s request by just saying that I Mr. BENNETT. The Senator from Ne- nated to the Circuit Court of Appeals hope we can work fairly through this vada has said this morning that the

VerDate Dec 13 2002 00:59 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G12FE6.021 S12PT1 S2240 CONGRESSIONAL RECORD — SENATE February 12, 2003 Democrats would not allow a vote on Mr. LEAHY. I would agree. In fact, join with the Senator from Vermont in this nomination. He has also said they that is what I said again this morning. asking the administration to consider want to see the memoranda that were If we had the memoranda, something these memoranda to be made public if, compiled by Miguel Estrada while he Mr. Estrada said he is perfectly willing in fact, we can get a commitment that was working for the Clinton adminis- to let us have but the administration upon their being made public, we could tration. wouldn’t let him, but if we had the get a vote. Mr. REID. And the Bush administra- memoranda, if we were able to ask Mr. REID. Mr. President, I say to my tion. what he meant by this or that in the friend from Utah that even though he Mr. BENNETT. And the Bush admin- memoranda, once that was done, if he is not a lawyer, he certainly acts like istration. I would ask the Senator from answered those questions, whether I one. I won’t tell anybody in Utah that. Nevada if he knows of any Senator on agreed or disagreed with the answers to Mr. BENNETT. I am not sure that is his side who, upon seeing the memo- the questions, this Senator at least is a compliment. randa, would change his vote and allow perfectly willing to have it go forward Mr. REID. I indicated I would not tell a vote, not change his vote and vote for on a vote, which is basically what we anyone in Utah. Estrada but change his vote and allow did with numerous other Democratic I want to respond to this question. a vote on Estrada upon seeing the and Republican nominees in the past in The Democratic leader and the ranking memoranda? similar circumstances. I don’t want member of the Judiciary Committee Mr. REID. We would have to leave there to be any question about that. wrote a letter to the President of the that to individual Senators. I am sure This Senator is perfectly willing to United States yesterday and outlined there could be some. It would be very have this matter come to a vote once exactly what we have talked about helpful. Mr. Estrada did what he has said that today. If, in fact, the memoranda were I am not a member of the committee, he is perfectly willing to do—make made public, were given to the Judici- but we have a former chairman and available his memoranda and answer ary Committee—and it has happened ranking member here and one of the questions about them. So far only the other times in the past—and he would active members who has been on the administration has refused, and the respond to questions, we would be floor a lot during this debate. distinguished Democratic leader and I happy to take another look at this It could be very important in arriv- wrote a letter to the President to that man. That is what the letter said to ing at a decision about how you feel effect. the President of the United States. I about this man if he did give his opin- Mr. REID. That was yesterday. said last night, and this morning, that ions. It helped with Rehnquist. It Mr. LEAHY. That was yesterday. there are a number of ways out of this: helped with Civiletti, Roberts, and a Mr. REID. It is no secret that the Pull the nomination, give us the infor- number of other people who came be- ranking member, on behalf of the mation we want, the memoranda, and fore various committees seeking their members of the committee, has for answers to these questions, or file clo- attention in the Senate. weeks and weeks sought this informa- ture. Mr. LEAHY. Will the Senator yield tion. I yield to my friend from Illinois. for a question? Mr. LEAHY. Absolutely. Mr. LEAHY. If I might, Mr. Presi- Mr. REID. I am happy to yield with- Mr. REID. Does the Senator from dent, the suggestion has been made on out losing my right to the floor. Utah have another question? I would be the floor that this is a one-time prece- Mr. LEAHY. Mr. President, if the happy to yield without losing my right dent. It is not a fact that this is a one- Senator from Nevada is aware of what to the floor. time precedent. It happened in the the Senator from Vermont said, I real- Mr. BENNETT. Mr. President, with- nominations of Robert Bork, William ize the junior Senator from Utah was out the Senator from Nevada losing his Bradford Reynolds, Benjamin Civiletti, not in the Chamber at that time—the right to the floor, I would like to con- Stephen Trott, and William H. senior Senator from Utah was, as was tinue a discussion at this point. Rehnquist. the distinguished majority leader—it The PRESIDING OFFICER. Without I yield to my friend from Illinois. would be safe to say to the distin- objection. Mr. DURBIN. I say to my friend from guished Senator from Utah that the Mr. BENNETT. Because I see perhaps Nevada, thank you for yielding. And I Senator from Vermont stated this the makings of a deal here, if indeed say to my colleague from Utah, Sen- morning very clearly that I would be the senior Senator from Vermont is ator BENNETT, with whom I share some prepared to see this go to a vote once willing to allow this to go forward if responsibility on the Appropriations response would be made. And the Sen- the memoranda were made public and subcommittee, and whom I have found ator from Vermont noted that Mr. if indeed the nominee himself knows of to be an extremely fair person, I think Estrada himself said he had no objec- nothing in the memoranda that would perhaps he has come up with the solu- tion to having all this memoranda that be objectionable, it comes down now, tion to the gordian knot we face. we have sought made available but had ultimately, to the decision of the cli- We are not against Miguel Estrada. been told by the administration that ent because this was an attorney serv- Without information, we cannot make he would not be allowed to. ing a client, the decision of the client a judgment on Miguel Estrada. We be- If the question is how various Sen- to allow this information to come for- lieve it is our constitutional responsi- ators would feel if the memoranda were ward. bility to ask of every judicial nominee, made available and we were allowed to Now, every living Solicitor General from both Democratic and Republican question Mr. Estrada, something he has said it would be a bad idea for this Presidents, obvious important ques- said personally that he would have no to come forward. The Washington Post tions. In the case of Mr. Estrada, since objection to, then as far as I am con- has said it would be a bad idea for it to he never served as a judge, he has legal cerned I would be perfectly willing come forward. But if it could be worked writings, legal memoranda, legal opin- after that to have the matter go for- out that on a one-time basis, not set- ions. We are asking him to share those ward to a vote and have Senators vote ting precedent, the opinions of the So- with us so we can have insight into up or down however they may feel. licitors General, both Republican and who he is, what he believes, and what Mr. REID. I would respond to my Democrat, could be set aside and these he will do with a lifetime appointment friend from Vermont, I would only add memoranda could be made available, to one of the most important Federal this: I think if the memoranda raise do we have a commitment that, then, benches in America. any questions, then certainly the mem- this could come to a vote? Because if That is what this is about. It is not bers of the committee would be enti- that is the case, I, for one, would go to about being Hispanic. If you look at tled to ask questions relating to those the administration and say let’s allow the record on the Democratic side, memoranda and get better answers—I it to come forward. President Clinton appointed far more should say, get answers, period—to the I recognize this is a precedent no one Hispanics to the bench than any other questions that were asked relating to wants to set, but I think the precedent President in history. We supported those memoranda. That is fair; would of establishing a filibuster is one no- him, and we continue to support that. the Senator agree? body wants to set. I would be happy to I believe this affirmative action by the

VerDate Dec 13 2002 02:41 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G12FE6.024 S12PT1 February 12, 2003 CONGRESSIONAL RECORD — SENATE S2241 White House to bring Hispanics into think gives light to why we are here I ask the Senator from Nevada, does the judiciary is a good thing for Amer- today. This was between the Senator he believe, as Senator BENNETT is sug- ica. Our judiciary should reflect the di- from New York, Mr. SCHUMER, and the gesting, that if there is full disclosure versity of the country. Whether they nominee. Senator SCHUMER asked the and openness that this will come to a are Hispanic, Irish, or Lithuanian, we following question: vote? Miguel Estrada’s legal memo- are going to ask the hard questions. Other than the cases in which you were an randa will be presented, we will have a Then the Senate will make a decision. advocate, please tell us three cases from the chance to ask questions, he will give us The thing the Senator from Nevada has last 40 years of Supreme Court jurisprudence straight answers instead of these eva- stated repeatedly is that what we are you are most critical of. sions, and then let the chips fall where about today is a real quest for informa- Mr. Estrada answered: they may; is that not what we are tion, a search for information. I’m not even sure that I could think of about? I hope the Senator from Utah will three that I would be—that I would have a Mr. REID. Yes, that is what we have prevail not only on his leadership, but sort of adverse reaction to, if that’s what been saying, and I told the majority on the President, to follow the Bennett you’re getting at. leader this morning, this is no game we model here—full disclosure. Bring the Senator SCHUMER asked: are playing; this is a filibuster. We legal memoranda and writings before So with all of your legal background and have a right to do that. Why? Because us, let us ask the obvious questions immersion in the legal world, you can’t we believe that what is being done is that they will lead us to, and then let think of three or even one single case that wrong. us consider up or down this nomina- the Supreme Court has decided that you dis- I say to my friend from Illinois, we tion. That is an honest approach, and I agree with? talk about article II, section 2, but the think it would avoid what we have Answer: Constitution is a little document. It is been through in the last couple weeks. I don’t know that I am in a position to say so unique, and it does so much to pro- Isn’t this what the Senator from Ne- that I disagree with any case that the Su- tect people. The Constitution was not vada has been asking for and what the preme Court has ruled on or that I think written to protect majorities. They can leadership has been asking for? that the Court got it right. always protect themselves. It was writ- Mr. REID. I say to my friend from Il- Senator SCHUMER: ten to protect minorities. linois, I have said not once, not twice, I’m not asking you how you approach We know that the majority would I don’t know how many times—over a cases. That is a legitimate question and vote 51 for this man today, and I think dozen times—if this man is as good as some have asked it. I want to know how you we have set a very bad tone for what they say he is, this seems to be such a feel about cases, and you have said more we are doing in this country. What we broadly than any other witness I have come small push, to have him answer ques- across, you have given us virtually no opin- have said is, there are a significant tions and give us his legal memoranda. ion on anything because it might come up in number of Democratic Senators—well That is what we are asking, because as the future. over 40—who say this is not right. If we I had shown through my visual aid Answer: do this, why do you need the Senate? If today, we have nothing from him. If he you do this, why not just have, instead But the problem is the same, Senator is as good as they say, I repeat, bring Schumer, because in taking case A and look- of President George, King George? He that forward. That would make us ing at whether the Court got it right or can just tell us what he wants done. It happy in so many different ways. It whether I think they got it right, I have only is not King George; it is President would show that we don’t have to take the benefit of the opinions. I haven’t seen Bush. As a result of that, he has to go these people given to us, just jammed the litigants. I haven’t—the case is ruled on, through this process, and if he wants through, having blank slates. We have but I don’t get to see what didn’t make it this man, who they say they like so the right to ask questions. into the opinion. much, then let them come forward Secondly, it is important because I That is the end of that exchange. with the memoranda he wrote when he believe it sets a very dangerous prece- I went to law school many years ago, was in the Solicitor General’s Office dent that Miguel Estrada, HARRY REID, as did the Senator from Nevada, but if and let him answer some questions. It DICK DURBIN, or anyone going through they put you on the spot today and is as simple as that. the process can go through without the said can you think of one Supreme Mr. DURBIN. If the Senator will Senate having the ability to learn who Court case with which you might dis- yield for a further question, I, of they are. We have that obligation. The agree—— course, will give my friend and col- Senator is absolutely right. We sat Mr. REID. I think maybe I would league from Utah the opportunity to back there next to one another yester- come up with Dred Scott. respond. day looking through the Constitution— Mr. DURBIN. A case that approved Mr. REID. I yield to my friend for a we both had one—looking up article II, slavery in the United States is one question. section 2, to make sure we felt good with which we might disagree. Why Mr. DURBIN. I wish to ask this ques- about what we were doing. I think it is would a man with his academic and tion. I assume the Senator from Ne- very clear that our constitutional re- legal background not have that spring vada, as a Senator from that great sponsibilities not only allow us to do to his mind? How about Plessy v. Fer- State, has had an opportunity to sit this but demand that we do it. We have guson, separate but equal? down with judicial nominees who were an obligation to not only this Senate Mr. REID. That was another dandy seeking district or circuit court ap- but future Senates, and not only the they did. pointments affecting Nevada and prob- people of America today but future Mr. DURBIN. Those are two obvious ably has nominated men and women generations, that we are doing the ones. You don’t have to go to law for the Federal bench in Nevada. I do right thing. school to think about those. This is an not know what his process has been. I Mr. DURBIN. If the Senator will example of the how he filled up a page, have had that great honor in Illinois, yield further for a question, I listened and what did he say? I guess he would and I try to get to know these people. earlier when the Senator made his say: If I didn’t get a chance to meet I ask them questions to get an idea of presentation about Miguel Estrada and Dred Scott, I will not comment on that what is going on in their minds. what he said and did not say to the case. I didn’t know Mr. Plessy or Mr. It is not uncommon for me to ask the Senate Judiciary Committee and to the Ferguson, for that matter, so I should question we asked Miguel Estrada: Can American people. He was challenged by not say what I think about that. you think of a Supreme Court case you Senator HATCH, who produced a binder You wonder why the Democrats are think was particularly good or particu- and said: Have you read the words in coming to the floor and saying, for larly bad and tell me why, as open- here? goodness’ sake, this makes a mockery ended and as nonconfrontational as The Senator from Nevada said: You of the process. If a man wants a life- possible? can evade answers and fill up pages and time appointment to the second high- I say to the Senator from Nevada, pages. est court in America, should he not be this is a question I asked Miguel I would like to read, if the Senator more honest, open, and candid? That is Estrada, and I ask the Senator from will allow me, one exchange that I all we are asking today. Nevada to think about it in the context

VerDate Dec 13 2002 00:59 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G12FE6.027 S12PT1 S2242 CONGRESSIONAL RECORD — SENATE February 12, 2003 of interviewing nominees for the Fed- of the aisle get a commitment that we The PRESIDING OFFICER. Without eral bench in Nevada. A simple ques- could go to a vote if the memoranda objection, it is so ordered. tion and a simple answer. The question were delivered? Senator DASCHLE and Mr. BENNETT. I think the Senator I asked was: Senator LEAHY do not give that com- from Nevada and I could probably In terms of judicial philosophy, please mitment in this letter. They simply make a deal here, but we are both rep- name several judges, living or dead, whom say they want that information, they resenting groups behind us. What I you admire and would like to emulate on the would appreciate the President’s per- would search for would be a firm com- bench. sonal attention, and that they need the mitment that this can come to a vote, That is a pretty tame question: Tell information in order to make an in- not a statement that, well, we will do me who you admire. formed decision. the right thing; not a statement that Answer—this is Miguel Estrada: I think most of the Senators have al- we will review the answers; but a firm There is no judge, living or dead, whom I ready made their decision, be it in- commitment that if the memoranda is would seek to emulate on the bench whether formed or otherwise, and the issue that produced and Mr. Estrada gives an- in terms of judicial philosophy or otherwise. I am striving at is to try to get an up- swers with respect to that memoranda, Forgive me, you cannot go through or-down vote, an opportunity for them we can then have a firm vote. law school, you cannot be a clerk at to express their decisions. So I am ask- The Senator from Illinois has given the Supreme Court, you cannot argue ing again—— us an example of a question that was before that Court 15 different times and Mr. REID. I respond to my friend, I asked. He received an answer. He con- not look at least at those nine Justices think we have answered that very de- siders the answer totally inadequate and think: I like that Justice’s ap- liberately to the effect we feel that the and improper, but he received an an- proach, or read the history of the Su- memoranda are important, and we feel swer. If we get into this conversation his answering questions regarding the preme Court and think: This judge and say, all right, the memoranda will memoranda and a couple of other added something to America; I would be produced, he will be questioned, and issues are important. then you say, We do not like his an- like to emulate this judge. This is my recommendation to the If you have no heroes, living or dead, swers, so we still will not give you a majority leader and to my friend from among the Federal judiciary, the obvi- Utah who is, by the way, a deal maker, vote, that is not a blind alley into ous question is, Have you been paying and there is nothing negative at all which I want to go. Mr. REID. Mr. President, let me attention? Have you noticed that men about that. Legislation is the art of reply to my friend. Without that infor- and women have made a difference for compromise, and this is no different mation, Miguel Estrada will never be a America sitting on the Federal bench? than any other issue. Here is this man being carefully If I were majority leader, I would Federal judge. We have talked with our groomed by the White House to move simply ask the White House to supply Members, and it does not matter if to the highest circuit court in our land, this information, and that answer there is 1 cloture vote or 50 cloture the DC Circuit, and perhaps to the Su- speaks for itself. I think if the informa- votes, we will all be together on that— preme Court—no one has denied that— tion were forthcoming and the man, ei- those who have agreed to hold up on and he cannot give us an answer to ther in writing or otherwise, answers a this nomination. that question? It is the reason why we few questions—I do not know what I am speaking only for myself, but I are here today. questions could come up by virtue of think if he supplied that information, I ask the Senator from Nevada, when that information—but my answer not evasive answers but tried to be fair he brings nominees before him for his speaks for itself. I think the majority in responding to any questions we had State, what kind of questions does he leader should have that done. We regarding those materials—and an- ask them? should go on to other business in the swers to some of these other questions Mr. REID. Mr. President, I respond to Senate. There are other judicial nomi- people feel serious about—it would be my friend, I think he asked a trick nations. There is other substantive leg- resolved. I have no doubt that would be question. I am being facetious, of islative business on which we can the case. So I think the Senator could course. I think that answer—that is work. I think when we come back from spend his time with the significant in- why I sat here, and I have sat here for our break, this matter could be re- fluence he has—I know he is filling in days now and the Senator has been in solved very quickly. for my counterpart who is ill tempo- the Chamber—but I finally came upon I do say that unless this is done, this rarily, and that shows the respect peo- it: I do not remember his name, just nomination is going nowhere. We have ple have for him on his side of the like my little grandson. That ended the waited a long time to announce we aisle—I am sure if the Senator from conversation. He could not remember were conducting a filibuster. We under- Utah went to work on that side, it whether it was one of his brothers or stand the seriousness of looking at ju- would bear fruit. If it does not happen, his grandmother. So that ended that. dicial nominations in the manner we nothing will happen other than acri- That is what we have here. did. We understand. We understand the mony, which is too bad because we are We have a man who is evading an- heartburn we are causing Senator going to see this one through. swering a question. Obviously, he was HATCH. We know how he feels, that this The PRESIDING OFFICER. The Sen- pretty smart in doing that. He filled up is intemperate and wrong. We know, as ator from Illinois. a whole book saying: I am not going to we have explained in conversation be- Mr. DURBIN. I thank the Chair. I answer. He filled up a book of non- tween Senator DURBIN and me this thank Senator BENNETT for the con- answers. morning, that it is extremely impor- tribution he has made. I hope he under- It is my understanding that the Sen- tant we do this. We are locked in. We stands my position—I cannot speak for ator from Utah wants to ask a ques- have talked to our Members over here. others—once this nominee has made tion. We are locked into this, but this does full disclosure—his legal background, I allow the Senator from Utah to ask not mean if the information is forth- opinions, memoranda, his answer to a question without losing my right to coming—and we will do what we think questions—frankly, I would view him the floor. is appropriate. The margins in the Sen- as other nominees. I may vote for him The PRESIDING OFFICER. Without ate are very slim. You do not have to or against him. I think I voted against objection, it is so ordered. change a lot of votes to get what you 6 out of 103 of President Bush’s nomi- Mr. BENNETT. Mr. President, I have want. nees. I have not made a pattern of this, now been given a copy of the letter I suggest if you do what we want, but some disagree with this thought. I signed by Senator DASCHLE and Sen- things will work out probably for you. think that is where we are leading to. ator LEAHY addressed to the President. If you do not, nothing is going to hap- I hope that is where we are leading to. As I have examined the letter, I do not pen. More importantly, I hope the Senator find in it the commitment I have been Mr. BENNETT. Mr. President, if I from Utah understands why we are seeking in our dialog here. So I renew may, I ask unanimous consent, without doing this. There is a belief among that with the Senator from Nevada. the Senator from Nevada losing the some that with the newfound majority The question is, Could we on this side floor, to make a comment. on the Republican side since the last

VerDate Dec 13 2002 02:03 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G12FE6.029 S12PT1 February 12, 2003 CONGRESSIONAL RECORD — SENATE S2243 election and with the control of Con- about? Don’t the voters of this country many others bring so much to this gress by the Republican Party and the basically want to know, whether it is country. So from a personal point of White House, the process is going to be ROBERT BENNETT or RICHARD DURBIN, view, I admire this man very much. His pushed aside and things are going to be who are you? What are your values? legal credentials put me to shame. As a moving quickly through without the What are you likely to do? law student, I never got close to his kind of deliberation we have had in the We cannot predict what votes they level of achievement in law school, so I past in the history of the Senate. are going to cast, but what have they certainly admire that. Some have suggested that on their done in the past or generally how do Having said all of that, accepting way to the bar serving on the bench, they feel about the principles and the that he is a good person, accepting that people will be moving through the Sen- constitutional values of this country? he has a marvelous career as a lawyer ate Judiciary Committee like the re- Those are some pretty basic questions. and as a law clerk, I still need to ask ceiving line at an Irish wedding, and I Why wouldn’t we ask that of a person some basic questions in terms of where hope that does not happen. I think seeking a lifetime appointment to the he is going, given this position of re- what we need to have is a deliberative Federal bench, a person who, with the sponsibility. When the Democratic process where Members have a chance stroke of a pen, could basically wipe Caucus sat down, they decided this was to ask questions of every nominee, and out a law or say that a law is valid? an important issue to raise. Miguel then, satisfied or not satisfied, they That is an enormous delegation of Estrada was the case in point. come to a vote. power to the judiciary, particularly to It is an important issue relative to Make no mistake, Miguel Estrada is this level of the judiciary. the role of the Senate when it comes to opposed by a variety of organizations What we are saying today when it President Bush’s judicial nominees. If which believe they know who he is and comes to Miguel Estrada is we want to we cannot ask the questions, if we can- have seen enough evidence to raise know some basic answers. We do not not ask questions that have been asked questions in their mind. But I think for expect him to tell us his opinion of a of nominees over and over again when the sake of the Senate as an institu- case pending before the DC Court and Presidents of different political parties tion, whether Republican or Democrat, how he is going to rule. Lloyd Cutler is have been in power, then frankly we what we are asking is not unreason- right; we should never ask about a par- have given up more than our political able. ticular case. But to ask a judicial right, we have squandered our con- When one reads these answers from nominee their views on the issue of pri- stitutional responsibility. this nominee, they have to say to vacy, is that an important issue today? Mr. BENNETT. Mr. President, will themselves, why is the Senate Judici- Pick up this morning’s paper. We are the Senator yield for a question? ary Committee wasting its time? Be- going through a debate now as to Mr. DURBIN. I would be happy to cause if someone can get by with that whether the Department of Defense can yield for a question. type of an answer where they cannot collect information about Americans Mr. BENNETT. I want to pursue this identify one single Supreme Court de- across the board in the hope of finding with the Senator. If we can get Miguel cision they disagree with, they cannot those who might be threatening this Estrada to give the Senator the name name a single Federal judge, living or country with terrorism, and Congress of a Supreme Court Justice whom he dead, whom they admire—if they can has basically said to the Department of appreciates, along with the memo- get by with that, why are we here? Defense: Close that shop. We do not randa, and answer questions on the It reminds me of the Clarence Thom- know if we want you mining these data memoranda, would the Senator—not as nomination when he said before God banks across America at the expense of speaking for his caucus, just for him- and the world he never considered the the privacy of individuals’ rights and self—agree to give us a vote? issue of abortion in his life, had no liberties. Mr. DURBIN. I say to the Senator, opinion on it. A man who was a former This is an issue which is not going obviously we do not know what the an- Catholic seminarian at Conception away. Since September 11, 2001, it has swers might be and what they might Abbey in Missouri, a man who had been been front and center in the national lead to, but what he suggests as a basic in law school when Roe v. Wade was de- debate and will continue to be. principle is one I stand behind. When cided, had no opinion on the issue of So when one asks a judicial nominee, nominees are open and honest with the abortion? I guess that sort of thing was a person who is going to the second Senate Judiciary Committee and the glossed over because of all the other highest court in the land with a life- Senate, they are entitled to a vote. hoopla and attention given to his nom- time appointment, what is their view Mr. BENNETT. I appreciate the com- ination, but I thought to myself—and I on the issue of privacy, is that an im- ment of the Senator because we must was not in the Senate at the time— portant question? It is not only impor- understand, once again, we are not would the Senate Judiciary Committee tant; it is timely; it is critical. And for talking about the Senate rubberstamp- let others get by with this where they nominees such as Miguel Estrada to ba- ing something from King George. We do not even answer the question? sically say, I do not have an opinion, are talking about the Senate entering I can tell the Senator from Utah, and that tells me we have a problem. a whole new era of saying a nominee others who are following this matter, We should be able to ask these nomi- must be approved by 60 votes—which is there have been nominees who have nees the most basic general questions something we have not done before. I come before this Senate Judiciary relative to constitutional law and the appreciate the Senator’s understanding Committee with whom I have disagreed rights and liberties of Americans, and of how serious this is, that because vehemently on issue after issue. In we should not apologize for it. Miguel Estrada gave answers that were fact, I have even successfully nomi- I have told my colleagues in the Sen- not acceptable to some members of the nated judges to the bench in my State ate Democratic Caucus, I met Miguel Judiciary Committee, and because this whom I disagreed with on basic issues. Estrada. I sat down with him. I have memoranda has not been forth- But I am not looking for a person who read his background, his personal re- coming—not at his request, but at his has the same political DNA that I am sume, his legal credentials. They are clients’ request—we are now going to bringing to this job. I want a person very impressive. This is a man who has sail into a whole new sea. I hope every- who is moderate and reasonable, who come very far in his life against great one understands how significant that shows that they are open minded and odds, and I respect him so much for is, regardless of the qualifications of prepared to be a fair jurist. that. He is an immigrant to America. this man. How can one reach that conclusion I have a special affection for immi- I will do what I can to get him to about a person without asking some grants because my mother was an im- come up with a name for the Senator very basic questions to try to get into migrant. I am proud to put her natu- from Illinois. I do not know if I will be their mind a little bit as to what ralization certificate in my office for successful. If that is the whole thing makes them tick and where their val- everyone to see that I, as her son, stopping his confirmation, that he ues might be? would be standing today as a Senator could not think of a Supreme Court Think about the election process for from Illinois. Immigrants such as Justice whom he admired under those the Senate. Is that not what it is Miguel Estrada, my mother, and so circumstance and if, after reflection,

VerDate Dec 13 2002 02:03 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G12FE6.032 S12PT1 S2244 CONGRESSIONAL RECORD — SENATE February 12, 2003 he now can come up with a name, we tainly higher standards that need to be tion, a reason why it is so important would like to see the Senator from Illi- met, but the DC Circuit Court is not we challenge this nomination, if not nois allow this to come to a vote. far behind. As I said yesterday, the DC the nominee, because of the process we Mr. DURBIN. We gave two illustra- Circuit Court is the AAA for the major have gone through, is just over- tions where we asked Miguel Estrada leagues on the Supreme Court. We have whelming. I think it is a basic sense of for a Supreme Court Justice, or a Fed- been told time and again by the ‘‘great responsibility we should have as Sen- eral judge, living or dead, he would leakers’’ at the White House, Miguel ators. If we do not ask the questions on emulate and admire; we also asked for Estrada is on the fast track of the how one will respond in a jurisprudence a Supreme Court case he might dis- major leagues, the Supreme Court. We context to not specific issues but gen- agree with. Senator SCHUMER asked the want to know his batting average and eral thought process before we hire question. I say to the Senator from we want to know whether he can take someone to be an appellate court judge, Utah, those are two very egregious il- an inside pitch. And he will not answer I don’t think we are fulfilling our con- lustrations of his evasion. There were those questions. That really calls into stitutional responsibility of advise and others. question whether we are meeting our consent. I cannot speak for my colleagues, but responsibility. Would the Senator hire someone if I will go back to the premise of my As I said yesterday, the choice is you had not been able to ask how they reply. I believe when a nominee is open simple. It is a choice between the Con- may think about some of the basic and honest and cooperative, they are stitution, article II, section 2, which processes and logic they might bring to entitled to go through the process and says the Senate shall advise and con- bear in giving you advice with regard have a vote. That is my personal view. sent to nominees. It gives us a role of to legal counsel in your office? It is in- I don’t speak for any other Senator. credible to me. No one with a blank I have felt the same about issues on responsibility to advise and consent. Or slate would turn over such an impor- the floor of the Senate. My feeling is whether we will give up this Constitu- tant duty without doing a serious this: This is a deliberative body. We tion for a rubberstamp and just say, as interview process to understand at take our views on issues to the court of the President sends his nominees, least the thinking process of an indi- public opinion and to the 100 Senators thanks a lot, Mr. Bush, ‘‘approved.’’ I vidual. gathered. We should be entitled to will not do that. I don’t think I was se- Mr. DURBIN. Just to respond to my produce an amendment or a bill, debate lected for that purpose. colleague from New Jersey, not only it, and have an up-or-down vote. I I think the Senator from Utah is un- would I not hire them, I would be dere- think that is what the process should derstanding better what we are about. lict in my responsibility in doing so. I be all about. I have lost plenty in the The fact Miguel Estrada has refused to think the Senator from New Jersey Senate—the Senator of Utah can attest disclose his writings is unprecedented. would agree, many times he has asked to that—I have won a few, but lost We have at least five illustrations, in- prospective staff people their opin- quite a few, too. I accept that con- cluding Justice William Rehnquist, ions—and may even disagree with sequence. That is why we serve. nominated as Chief Justice of the Su- The same is true with nominees. If preme Court, who produced his them. I, frankly, believe within my leg- they are open and cooperative, they are writings so we could understand more islative staff there are people who entitled to go through the process, about his thinking before he assumed think I am wrong on some issues. That whether nominated by a Democratic or the highest judicial post in America. is not only their right but their respon- Republican president. Antonin Scalia, who was called on to sibility to give me that point of view. When you take a look at the groups rule in a case involving the disclosure But at least going in, that is a pretty that oppose Miguel Estrada, many of of legal views, Antonin Scalia, abso- basic question. them have seen in his background lutely the hero of the rightwing in If we can’t ask Miguel Estrada, who areas of great concern. Consider the American politics and of our President, is seeking a lifetime appointment to groups that have opposed him: The when he had to rule on a case as to the second highest court in the land, Congressional Hispanic Caucus—all whether or not nominees would dis- what is in his mind in terms of his val- members of the Congressional Hispanic close their opinions on legal issues, the ues and principles when it comes to Caucus have opposed this Hispanic case was the Republican Party of Min- constitutional law, then we have failed nominee; the Mexican American Legal nesota v. White, Justice Antonin as Senators and we fail our constitu- Defense Fund, which is the premier Scalia said: tional responsibility. Mr. CORZINE. Mr. President, I could civil rights organization for Mexican [E]ven if it were possible to select judges Americans and many Hispanics in the who do not have preconceived views on legal not agree more with the Senator from United States, opposes Miguel Estrada; issues, it would hardly be desirable to do so. Illinois. I have a responsibility to the the Puerto Rican Defense and Edu- ‘‘Proof that a Justice’s mind at the time he people of New Jersey to make sure we cation Fund opposes Miguel Estrada. joined the Court was complete tabula rasa ask serious questions with regard to And then more generic groups: The [blank slate] in the area of constitutional ad- how judges are selected. In my own Leadership Conference on Civil Rights, judication, would be evidence of lack of qual- process in reviewing district court ification, not lack of bias.’’ NARAL, Pro-Choice America, the Si- judges and circuit court judges that we erra Club, the National Women’s Law So, many of us, despite this impres- are asked to opine about by the White Center, People for the American Way, sive resume of Miguel Estrada, have House, about how we would react, I and many others. I had printed in the fundamental questions. Is the man have a bipartisan committee that does RECORD yesterday the names of the or- qualified for the job? By stepping back just exactly that. It sits literally for ganizations and I will not take up the and saying, I am a blank slate, can’t hours to make sure we have some sense pages of the RECORD again today with think of a Supreme Court case I dis- of the approach future judges might those illustrations. agree with in its history, can’t think of take, how they think about issues, how The clear question before the Senate a Supreme Court Justice or any Fed- they feel about constitutional prin- is why a man with such a compelling eral judge whom I admire, you wonder ciples. I think this is one of the most personal story and such great legal cre- why we have questions about him? You important debates we can have with re- dentials has so many groups ques- wonder why this extraordinary debate gard to the responsibilities of being a tioning whether he is the right person is under way? Senator—making sure, when we deter- for a job. Some of it has to do with his I see my colleague from New Jersey mine the people who are actually going evasion. Some has to do with the se- has come to the floor and I thank him to sit on the court with lifetime ap- crecy that has surrounded his nomina- for joining us this morning. pointments, that we do so with the full tion and the suggestion that this rel- I yield the floor. knowledge and understanding of where atively young lawyer is on his way to The PRESIDING OFFICER. The Sen- they are coming from. the Supreme Court as early as next ator from New Jersey. By the way, that is not to say you year. Mr. CORZINE. Mr. President, to my are going to agree with everyone with Many believe when it comes to Su- colleague from Illinois, who is so elo- regard to all aspects about how they preme Court nominees, there are cer- quent on so many issues, his articula- might think about issues. But you

VerDate Dec 13 2002 00:59 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G12FE6.034 S12PT1 February 12, 2003 CONGRESSIONAL RECORD — SENATE S2245 ought to at least understand what you come from in the private sector, if you just $2.3 trillion worth of interest ex- are getting into. I certainly hope we have an $8 trillion negative cashflow, pense, but we are going to see that ex- will have the opportunity to review somebody would ask some questions plode in the years well beyond the next real information on this as we go for- about what is driving it, what is mak- decade because that is when the baby ward. ing such an overwhelming difference in boomers retire. We will go from 40 mil- THE BUSH BUDGET the context of our financial posture lion retired Americans to 75 million re- Mr. CORZINE. Mr. President, I come with respect to fiscal affairs in this tired Americans on Medicare and So- to the floor to make a statement with country. That is extraordinary. cial Security and that will put unbe- respect to something I believe is vital By the way, take that a step further. lievable pressures on what we have as a that the American public get focused It was projected at the same time that nation in our fiscal responsibility. on. Last Monday President Bush pro- we were going to pay down, for all So I find this a hard budget, at a posed a budget to the American people practical purposes, the publicly held macro level, for us to take on. I hope that, if it were adopted, would basi- debt of the U.S. Government. That was the American people can understand cally dramatically change the land- in 2001, early 2001—going down to $36 that we are burdening our children and scape, reshape the future of our Nation billion. our grandchildren as we go forward; in a lot of different ways. I would like Today, out to 2008, we are expecting a that we really are putting at risk Medi- to speak about that in the context of a $5 trillion publicly held debt. That is care and Social Security as we under- few ideas today. extraordinary. That is an extraor- stand it today as we go forward. Frank- I hope I can come here every day, as dinary amount of debt that will go on, ly, I think without a full discussion long as is necessary, to make sure we not just to be financed by current gen- and without creating a full under- raise up this, I think revolutionary erations of Americans. The view that standing in the minds of the American document, radical document, with re- we are not going to transfer to our kids people, we are not doing our jobs. I gard to what the shape of our economy and our grandkids future responsibil- think it is almost a question of ethics, and the shape of our participation of ities to pay for what we are doing about what our responsibility is to the Federal Government in our life in today, as we benefit from those expend- raise up this discussion so those America is about. itures—we are transferring it on. That choices are understood by the Amer- Perhaps because of its release so soon is $5 trillion. ican people and not buried in some doc- after the tragic Columbia shuttle trag- By the way, it is a heavy burden not ument of hundreds and hundreds of edy, the budget has not received the only in the debt that the current gen- pages of numbers that really do not public attention it deserves. Frankly, eration is transferring to future gen- translate into the practical impact we had unbelievably revealing testi- erations, but it is also an extraor- that the individuals need. mony by the Chairman of the Federal dinary expense. We are going from a I go back to it again. It is basic eco- Reserve yesterday with respect to how $622 billion cost of our debt under the nomics. that budget fits into the overall con- projections that were established in We have had an $8 trillion swing in cept of fiscal responsibility and fiscal 2001 to, get this, $2.3 trillion we are the cashflow of this government. There prudence that is so important for going to spend—$2.3 trillion we are is no one I know who would think that Americans to understand. But even going to spend just to finance that is a positive way for us to approach the with that, even with such dramatic debt, that change in that $8 trillion financial management of this country. statements coming from the Chairman that comes across. That is what it is To carry on with slightly more de- of the Federal Reserve, the budget has going to cost us over 10 years to fi- tail, as economists would say, this not received the public’s attention. I nance the bad fiscal policies we are budget calls for a dramatic reduction think we need to raise up the debate taking on. in national savings. When you are bor- that is embedded in many of the propo- I don’t know about most Americans, rowing all this money, that money sitions that are made in the Presi- but I think they can figure out that we isn’t going into the private sector. It dent’s budget. have lots of important things in this isn’t going into areas of productivity I do not think this is a run of the country that we could spend $2.3 tril- and growth in this country. mill—these are the revenues, these are lion on, relative to this $622 billion, That is what we saw happen in the the expenses. By the way, we are going that we would have been able to spend 1990s. We saw 22.5 million new jobs cre- to have a $307 billion budget deficit, if those changes had not occurred such ated, and we saw productivity rise from but that is not so important. This is a as Leave No Child Behind, such as very low levels to the kind of high lev- radical change from the direction that making sure our health care systems els that are driving the successes of the we in this country have been moving are properly funded, or that the Social economy in the late 1990s and continue for a very long time. I don’t think we Security trust fund is in place so So- to be the only really positive element are talking about it in those contexts, cial Security can be in place. And we see in the economy today. and I think the American people should maybe most importantly, we could pro- When you have that capital going off understand the huge implications of its tect Americans with something other to the Federal Government, it means many far-reaching proposals. than duct tape. We could actually put less capital to be available to invest in There are so many significant ele- real protections in our ports, on our plant and equipment and less capital to ments in this budget that it is difficult highways. We could make sure that the implant new technologies and new in- for me to actually even know where to security surrounding our chemical ventions, and to do research and med- start. The big picture is clear. The plants across this country was in place. ical advances. The end result almost Bush budget is fiscally reckless, in my There are lots of things that this coun- inevitably will be lower economic view, and imprudent in the extreme in try could do if we had that $2.3 trillion growth in the future, if you carry those the macroeconomic context, and would that we are going to now give out in in- kinds of debt burdens into the future. substantially reduce the security of terest expense, many of those dollars That is not a conclusion based on par- America’s working families for decades going offshore, not even to Americans. tisanship or ideology. It is economics to come. I will try to go through some I think it is absolutely irresponsible 101. Less savings means less invest- of that. that we are putting ourselves in a posi- ment which means lower growth. But at the biggest level, when Presi- tion that we are going to run the kinds It is just that those are the truisms dent Bush came to office we were pro- of deficits we are talking about. In defined by the basic laws of economics. jecting budget surpluses of $5.6 trillion fact, I think that was the over- Less savings means less investment over 10 years. We just preceded that whelming weight of the conversation which means lower growth. with 3 years of budget surpluses. Since we had with the Chairman of the Fed- By the way, when you are borrowing then that figure has declined by almost eral Reserve Board yesterday. If we do money at the $8 trillion level at the $8 trillion. We had projected $5.64 tril- not get our fiscal house in order, we Federal Government, you are having lion in surpluses. Now in the same are going to put ourselves into a posi- less savings. timeframe, until 2011, we are projecting tion where the United States is going That is just by definition. I guess $1 trillion-plus in deficits. Where I to have not just small deficits and not that is why the 10 Nobel economists

VerDate Dec 13 2002 00:59 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G12FE6.037 S12PT1 S2246 CONGRESSIONAL RECORD — SENATE February 12, 2003 yesterday put out the statement they living with higher interest rates than dends. But it ought to be on a com- thought we were on the wrong track we need be, and we will be losing the prehensive, revenue-neutral basis. with regard to our fiscal policy; that ability to see our private sector invest I think most people, when they are we were putting ourselves into a grave appropriately and basic saving func- honest and step back, will see the logic position with regard to our longrun fis- tions as defined by economics. of that. Certainly the American people cal structure. It is absolutely essential, Think about it. Perhaps the most do. in my view, that we stand back and get powerful Member of the other body, in Second, the President’s tax proposals hold of the budget mess I think we are effect, was comparing fiscal discipline provide, as I said, most of the benefit putting in place, if we go forward. to a failed regime on how operations for those at the very highest incomes. Unfortunately, many administration work. These are the people least likely to officials have lately been denying the I am really troubled about how light spend a tax break. I think a better ap- laws of economics, as far as I can tell, we are making this issue of our fiscal proach, as I have advocated with Sen- dismissing the importance of fiscal dis- responsibility. ator LANDRIEU—and as Senator MCCAIN cipline. As OMB Director Mitch Dan- Why are the administration and its talked about a ‘‘payroll tax holiday’’— iels put it, while we have returned to supporters abandoning fiscal dis- would target tax relief to middle-class an era of deficits, ‘‘We ought not cipline? Quite simply because their working Americans who need help. hyperventilate about this issue.’’ overriding priority is to provide huge By the way, I happen to think this I guess we are just taking off the new tax breaks to those who are doing ‘‘payroll tax holiday’’ and what Sen- board all that discussion about bal- the best, I guess. There is no other ator LANDRIEU and I talked about is anced budget amendments, the No. 1 basis of understanding. It looks to me really fundamental to how we can issue, and the Contract With America, like political policy as opposed to eco- stimulate the economy today. Three all that discussion we had through the nomic policy. out of four Americans pay more in pay- 1990s, all that discussion that the pri- Let us look at these tax breaks. As roll taxes than they do in income vate sector has tried to impart to the many of my Democratic colleagues taxes. It is also the people who are public sector; that there really is com- have pointed out, they would provide stretched the hardest in trying to keep petition for funds out in the market- relatively few benefits to working their budget together at home. By the place; that deficits really do drive up Americans. But, more importantly, way, individuals have to balance their long-term interest rates which, by the they would do virtually nothing to cre- budgets. So it is not exactly like they way, Chairman Greenspan once again ate jobs or stimulate our economy. In can walk away from running their reiterated very clearly and unequivo- fact, the Bush plan could well cost debts up. We can do that in the Federal cally yesterday; and that we hear con- jobs, and I believe very clearly it is Government, but you cannot do that at sistent conversation about deficits do bordering on antigrowth. That is true the individual level. Otherwise, your not matter to the investment function for at least four reasons I would like to creditors will come and see you and say of the economy. expand on. it is time for you to sell your house. It is hard to believe we are so blind First, very simple, very little impact Third, the Bush plan to exempt most to the fundamentals of economics. Sup- of that initiative the President has laid dividend income from taxation would ply and demand do matter. When there out—less than 5 percent of the growth have the effect of taking cash off the is demand for the credit in the market- package—would kick in right away in balance sheets of American corpora- place for the Federal Government, it 2003, and very little of it in 2004. Most tions. That would mean less money to does impact on the private sector and of its impact would be delayed into the invest in plants and equipment and less the savings function. future, undermining the long-term money to hire new workers and retain Comments like these—the one about structure of our fiscal health, but old ones. In other words, it will depress hyperventilating about deficits—make doing little for the current package. the economy further as opposed to it seem like we are living in a strange By the way, those 10 Nobel econo- stimulating it. twilight zone, in my view. mists yesterday also talked about tem- If you want to deal with double tax- As I said, we just came through a porary, short-term stimulus was need- ation on dividends, you do it at the heavy period of discussion—actually ed to create demand in our economy— corporate level. It might not be as po- before I got into political life—about create demand now so we can pump- litically attractive, but it would cer- amending the United States Constitu- prime the economy and help get it tainly be more rational that you would tion to establish a rigid Balanced going. And then we will see the growth treat dividends as the equivalent of in- Budget Act. I do not know where that of revenues be the basis of how we rees- terest, and it would allow for the basic discussion went. I guess we had a tablish the cashflow to the Federal judgment of corporations as to whether change of heart and a change of mind Government. they wanted to invest, pay dividends, at some particular point. But it really By the way, we don’t need to have all hire new workers, or do whatever the is hard for me to understand. I almost of these long-term cash cuts unless you economic, advantageous element of find it humorous, although I don’t, are going to do it in a tax reform pack- managing their business is about. But really. age. And, by the way, I totally agree if you take the cash off the balance We hear comments with regard to my with Chairman Greenspan. Double tax- sheet, and pay it out in dividends, be- Democratic colleagues that we are con- ation on dividends is a bad idea. It cause you have an incentive to do that, cerned about rising deficits. One of the ought to be done from a comprehen- you end up with far less of an incentive leaders in the House dismissed the im- sive, revenue-neutral position of tax re- to grow the economy. And, in fact, you portance of fiscal discipline, arguing form. No one would argue there is very may very well get an incentive to stifle that ‘‘The had a balanced little in tax difference. But it ought to growth in the economy. I think it is budget.’’ be done with a comprehensive set of very dangerous. I am not exactly how sure that fits tax reforms. The American people un- Finally, whatever stimulative im- into the overall structure of our de- derstand that. They understand compa- pact—and very few people think it is bate. But I think it demonstrates we nies are paying only about one half of significant at all—the budget would are making so light of this $8 trillion— what they report on their income have in the short-term, it is likely to I repeat, $8 trillion—negative cashflow statements to the public when they try be offset by those higher long-term swing this government is now bur- to sell their stock as taxable income. rates, as projected future deficits shoot dening our people with. It is serious. They are doing all kinds of things— through the roof. I come from a part of the world some legitimate, some not so legiti- I know the administration likes to where you can tolerate some negative mate—to try to shelter income. claim there is no connection between income for a short period of team, but, We need to have a reform package deficits and interest rates, as I sug- after a while, you go bankrupt. It un- that actually works—to raise revenues gested, but the economic evidence is dermines the reality of your financial but also to make sure we don’t have in- overwhelming that expectations of fu- success. It will for our Government. It hibition on American business in for- ture deficits—that is, more Govern- may not go bankrupt, but we will be mation of capital such as taxes on divi- ment competition for a limited pool of

VerDate Dec 13 2002 02:03 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G12FE6.040 S12PT1 February 12, 2003 CONGRESSIONAL RECORD — SENATE S2247 capital—almost inevitably leads to some funding for some homeland secu- day when we retire. It is really wrong, higher interest rates. rity programs, we have really turned and I hope, as we discuss this budget, It was actually refreshing yesterday our back on a lot of the critical prior- that becomes clear and more clear to at the Senate Banking Committee to ities, such as port security and border the American public. hear someone—who I do not nec- patrols. Third, the budget process proposes to essarily always see eye to eye with, I heard today that actually we will gut health care coverage for the most with respect to economic policy—make have fewer people at border crossings, disadvantaged Americans. Under the a clear and unequivocal statement that based on this budget, than we had prior administration’s plan, Governors, in ef- deficits do matter with respect to in- to 9/11. I just visited the New York/New fect, would be—I was going to say terest rates and the performance of the Jersey Port a weekend ago. The fact is, bribed—encouraged to leave the cur- economy, and particularly with respect we are inspecting less than 2 percent— rent Medicaid system and move to an to the performance of the investment less than 2 percent—and that has not alternative that probably would end up activities of this Nation. This is, again, changed. We have been using that same with poor and disabled Americans los- simple supply and demand. If you have number in debates on the floor of the ing coverage. $8 trillion worth of deficits that you Senate. It was not changed in our port I tell you, I know in New Jersey that would not have had otherwise—or $5 at all. we have to cut the number of people trillion—it is going to compete with The resources are not being made who are accessing this, particularly the private sector for capital. That, ul- available to check containers, and we kids in the Children’s Health Insurance timately, is going to have something to are doing nothing to improve the safe- Program, because we do not have the do with the shape of our economy in ty and security of the American peo- resources to be able to deal with bring- the future, and it is absolutely the ple—certainly the people in New Jersey ing them into these programs which most important element of the savings and New York—with regard to our have long been something that has pro- function in the country. ports. We are doing nothing with re- vided broader health care. So the administration’s tax breaks, gard to improving the security sur- There is big, bipartisan support for a in my view, for all of those reasons, are rounding our chemical production fa- concept around here called Start antigrowth as much as they are any- cilities in this country. And all this Healthy, Stay Healthy, which is to thing else. Again, I reemphasize that I just keeps going on and on, without bring prenatal care to a lot of our less think it is a political proposal, not an putting our money where our mouth is economically enabled citizens. And it economic one. They have the effect of with regard to homeland security. We is through the Medicaid system and starving the Government of resources talk about it as our top priority, and State programs. We are having to cut needed to protect the security of work- we do not put the resources with it. all of those kinds of programs because ing families, while we are basically re- Time and time again, we have asked the resources are not available. warding those who I think are doing to try to increase the budget appro- I have to ask—anyone has to ask—is reasonably well. priations in this area and have not that what the administration means by The last I checked, in the 1990s, peo- been able to do it. I think maybe it is ‘‘compassionate conservatism’’? ple did pretty well economically. There the most important domestic issue. It I could go on and on with the mis- were more millionaires made in the is certainly on the minds of the people placed priorities, from my point of 1990s, while we were creating 22.5 mil- of New Jersey, and I suspect it is for view, of the administration’s budget: lion jobs than I think we are doing so most Americans. Its underfunding or complete elimi- far in the new century. I wonder why it Second, the budget reneges on the nation of so many education programs, is that we think we need to have all President’s promise to provide a mean- including afterschool care; its cuts in these structural changes when, in fact, ingful prescription drug benefit for our environmental protection—the riders if we just get some demand going, tak- seniors. Instead, the administration, in included in the omnibus bill that is ing up some of that overhang of excess effect, forces millions of seniors to coming over which doesn’t have to do production we have in our country, drop their own doctor and move to a with the 2004 budget, is a mind-bog- that we could get going. private sector approach in order to se- gling way to legislate environmental There are, though, some issues in cure a prescription drug. It moves laws—its abandonment of a program to this budget that go beyond these mac- away from fee-for-service plans. This put police officers on the streets, the roeconomic issues. And they are really amounts to a backdoor attempt, in my COPS program—there are law enforce- important. I do not want to make light view, to privatize Medicare. ment officials who are enraged about of them in and of themselves. We have not seen all the details, so it their ability to continue to protect the I think budget deficits and whether is a little hard to be as specific as I public; again, it sort of relates to you have a stimulus program or growth would like to be, but I have to tell you, homeland security—its cuts for chil- program are all fair questions, but are if it is anything similar to the head- dren’s health insurance; its abolition of we going to continue as a nation to lines we have heard in the State of the the HOPE VI homeownership initia- participate in helping protect the secu- Union speech, there are a lot of us who tive, which is one of the great pro- rity of working families, protect the are going to fight this tooth and nail. grammatic efforts to try to get people security of Americans everywhere? This is not the promise we have given to buy into their communities, to be a I think what is really radical about to the individuals who have been pay- part of the community, a whole host of this budget is that it is beginning the ing payroll taxes for years and years other housing programs. process to undermine whether we are with the expectation there will be a se- I could go on, and I probably will as really going to provide that kind of rious Medicare benefit at the end of the the days go on, because these issues support. Because we have to make day. As you know, if anybody does any need to be identified in the mind of the choices, we are going to have to make analysis, not only are the payroll taxes American public. This is a budget that choices whether we are going to run that go to Social Security being used is changing the shape of what the role those deficits, driven in at least a sig- to finance tax cuts for those who are of the Federal Government is. Maybe nificant part by the kinds of tax cuts already doing well, we are now using that is what people want. Maybe they we have, or whether we are going to re- payroll taxes for Medicare to also do don’t want afterschool programs for tain some of those resources to be able that. And we have gone through all kids. Maybe they don’t want the COPS to invest in the security of working those numbers. It is very hard to un- programs. Maybe they don’t want families. derstand how we are putting this to- Leave No Child Behind underfunded. I will take a few examples from the gether. Maybe they do want it underfunded. President’s budget. Many of my constituents say: What Maybe they want no increase in afford- First, the budget fails to provide is going on with those payroll taxes able housing. Maybe they don’t want funds that are badly needed to protect that we are paying every day? We go to them, but we ought to tell them what our Nation against the threat of ter- work with the expectation that we are they are getting as opposed to piling it rorism. This is maybe the most impor- going to get Medicare benefits and So- up into a whole host of numbers and tant domestic issue. While there is cial Security benefits at the end of the covering it up with other things that

VerDate Dec 13 2002 00:59 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G12FE6.042 S12PT1 S2248 CONGRESSIONAL RECORD — SENATE February 12, 2003 don’t make it clear why we are doing much in the longrun investment in our CLINTON JUDICIAL NOMINEES NOT CONFIRMED what we are doing. economy, to grow our productivity, too IN CONGRESS FIRST NOMINATED I also want to talk about the admin- much investment to protect the Amer- (31 CIRCUIT/48 DISTRICT—59 OF THESE NEVER AL- istration’s proposal to fundamentally ican people with regard to homeland LOWED VOTES BY REPUBLICAN-CONTROLLED change the tax treatment of invest- security and the war on terrorism, too SENATE) ment income, another area where—a much risk with regard to health care 31 CIRCUIT COURT NOMINEES (22 BLOCKED FROM little bit of my background—it strikes and disparities, the ability to provide a GETTING VOTE OR BEING CONFIRMED) me as really debilitating to the meaningful prescription drug benefit to Merrick Garland, D.C. Circuit. Allen Sny- longrun fiscal posture of this country. seniors, too much at risk with regard der, D.C. Circuit, never given a vote by Re- I know proposals to allow sheltering of to Social Security. publicans/not confirmed. Elena Kagen, D.C. Circuit, never given a vote by Republicans/ investment income sound attractive to I hope we can truly flush out what the choices are being made through the not confirmed. many. I used to promote a few of them Robert Cindrich, 3rd Circuit, never given a myself. I think we all agree about the context of this budget. I appreciate the opportunity to vote by Republicans/not confirmed. Stephen value of expanding opportunities for all Orlofsky, 3rd Circuit, never given a vote by Americans to save, to better prepare speak. It will be one of many times I Republicans/not confirmed. Robert Raymar, for retirement. But when you look at would like to come to the Chamber to 3rd Circuit, never given a vote by Repub- the administration’s proposal, it has make sure the American people under- licans/not confirmed. little to do with promoting retirement stand we have a radical reshaping of James Beatty, 4th Circuit, never given a America’s priorities through this budg- vote by Republicans/not confirmed. Andre security for working families. et. Frankly, it is a political statement, Davis, 4th Circuit, never given a vote by Re- In fact, there are a whole series of publicans/not confirmed. Elizabeth Gibson, these. For most Americans, these pro- not an economic program. Nothing less than the future of our country is at 4th Circuit, never given a vote by Repub- posals are much more likely to under- stake. We need a real and serious de- licans/not confirmed. Roger Gregory, 4th Cir- mine retirement security, and they bate about it. cuit, never given a vote by Republicans/not confirmed. J. Rich Leonard, 4th Circuit, will apply to a very narrow segment of I yield the floor. American retirees or future retirees. never given a vote by Republicans/not con- Mr. REID. Mr. President, I suggest firmed. James Wynn, 4th Circuit, never given Most Americans are not using all the the absence of a quorum. tax-supported programs we have today. a vote by Republicans/not confirmed. The PRESIDING OFFICER (Mr. H. Alston Johnson, 5th Circuit, never given They are only using about 25 percent of HAGEL). The clerk will call the roll. a vote by Republicans/not confirmed. them, if memory serves. And these pro- The assistant legislative clerk pro- Enrique Moreno, 5th Circuit, never given a grams will drain resources critical to ceeded to call the roll. vote by Republicans/not confirmed. Jorge the Federal budget to protect Social Mr. REID. Mr. President, I ask unan- Rangel, 5th Circuit, never given a vote by Security and Medicare in the future— imous consent that the order for the Republicans/not confirmed. again, as we go from 40 million retired quorum call be rescinded. Eric Clay, 6th Circuit. Kent Markus, 6th seniors to 75 million. They represent a The PRESIDING OFFICER. Without Circuit, never given a vote by Republicans/ dramatic shift in the tax burden, a re- objection, it is so ordered. not confirmed. Kathleen McCree Lewis, 6th Mr. REID. Mr. President, a number Circuit, never given a vote by Republicans/ distribution of wealth, to speak blunt- not confirmed. Helene White, 6th Circuit, ly, to the benefit of those who have on the other side, in the majority, have lamented the fact that to get this man, never given a vote by Republicans/not con- substantial investment income and to firmed. the detriment of people who depend on Miguel Estrada, approved to be a cir- Bonnie Campbell, 8th Circuit, never given wages and support themselves and, by cuit judge, it is going to take 60 votes. a vote by Republicans/not confirmed. the way, pay payroll taxes. They ask, why can’t we just have an Marsha Berzon, 9th Circuit. James Duffy, Once again, those people who are up-or-down vote? Both Senators from 9th Circuit, never given a vote by Repub- paying payroll taxes are funding tax Utah have talked about that today. licans/not confirmed. William Fletcher, 9th breaks in the income tax system—real- Senator BENNETT indicated it would be Circuit. Barry Goode, 9th Circuit, never given a vote by Republicans/not confirmed. ly hard to understand. a tremendous change if we required 60 votes for Mr. Estrada. There are car- Ronald Gould, 9th Circuit. Margaret These new tax proposals are not McKeown, 9th Circuit. Richard Paez, 9th Cir- merely radical in their redistribution toons around the country today in sup- port of our position—cartoons that cuit. of the tax burden, they are fiscally ir- Christine Arguello, 10th Circuit, never responsible and reckless in the context have indicated nominees are coming given a vote by Republicans/not confirmed. through here and no one is asking any of our overall budget situation. There James Lyons, 10th Circuit, never given a questions that are answered, and that are a few elements of this program that vote by Republicans/not confirmed. there should be some answers forth- need the light of day. They need the Timothy Dyk, Fed. Circuit. Arthur coming. But the issue is that in fact Gajarsa, Fed. Circuit. focus of the American people, whether Mr. Estrada hasn’t answered many im- (Helene White waited more than 1,500 days, it is homeland security, taking care of portant questions. That is one of the never to be allowed a hearing or a vote.) our kids’ educational system, our big problems. (Richard Paez waited more than 1,500 days health care, but probably most impor- I found my colleagues’ remarks very to be confirmed.) tant, the longrun ability to fulfill the curious, lamenting the idea that it 48 DISTRICT COURT NOMINEES (37 BLOCKED FROM promise of Social Security and Medi- would take 60 votes to approve Mr. GETTING VOTE OR BEING CONFIRMED) care. That is what this debate is about. Estrada’s nomination. They have la- Steven Achelpohl, District Court, never Are we really going to have the re- mented this, but I find this interesting given a vote by Republicans/not confirmed. sources to do the kinds of things the because when President Clinton sat in Ann Aiken, District Court. Richard Ander- American people have been promised? the White House, his nominations were son, District Court, never given a vote by It is not enough to say: We don’t subject to anonymous holds by one or Republicans/not confirmed. Joseph Bataillion, District Court, never given a vote want to do this. We have promised the more Senators. Many were not pro- American people they will at the end of by Republicans/not confirmed. Steven Bell, vided hearings. Many were provided no District Court, never given a vote by Repub- the day have their Social Security ben- votes. That is, rather than needing at licans/not confirmed. John Bingler, District efits, guaranteed benefits. We need to least 41 votes to delay or block consid- Court, never given a vote by Republicans/not make sure we have the fiscal structure eration of a nominee, Republicans al- confirmed. David Cercone, District Court, that is in place that allows that to hap- lowed one Senator or a handful to never given a vote by Republicans/not con- pen. block many of President Clinton’s judi- firmed ‘02. Patricia Coan, District Court, This budget will not allow for that to cial nominees from getting hearings or never given a vote by Republicans/not con- take place. It needs lots of debate from votes. firmed. Jeffrey Colman, District Court, the American people, lots of debate by Mr. President, I have a list of nomi- never given a vote by Republicans/not con- firmed. Valerie Couch, District Court, never the Senate, and a lot of debate in gen- nees, and I ask unanimous consent that given a vote by Republicans/not confirmed. eral until we get to a conclusion that is it be printed in the RECORD. Legrome Davis, District Court, never given a a long way from where we are starting. There being no objection, the mate- vote by Republicans/not confirmed ‘02. There is too much at risk here, too rial was ordered to be printed in the Rhonda Fields, District Court, never given many jobs in the first instance, too RECORD, as follows: a vote by Republicans/not confirmed. S.

VerDate Dec 13 2002 01:54 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G12FE6.045 S12PT1 February 12, 2003 CONGRESSIONAL RECORD — SENATE S2249 David Fineman, District Court, never given a Circuit, never given a vote by the Re- If the majority leader wants to take vote by Republicans/not confirmed. Robert publicans; Roger Gregory, Fourth Cir- the time of the Senate and go forward Freedberg, District Court, never given a vote cuit, never given a vote by the Repub- on this nomination, not trying to in- by Republicans/not confirmed. Dolly Gee, licans, but finally, Mr. President, be- voke cloture, then that is his preroga- District Court, never given a vote by Repub- licans/not confirmed. Melvin Hall, District cause President Clinton, in a recess ap- tive. He runs the floor. But there is Court, never given a vote by Republicans/not pointment, appointed him, as a sitting other business we need to do. I know confirmed. William Hibbler, District Court. judge, he was eventually confirmed; J. the omnibus bill should be here tomor- Faith Hochberg, District Court, never given Richard Leonard, Fourth Circuit, never row. There are other judges we could a vote by Republicans/not confirmed. Marian given a vote by the Republicans; James approve perhaps. We approved three on Johnston, District Court, never given a vote Wynn, Fourth Circuit, never given a Monday including Judge James Otero by Republicans/not confirmed. Richard vote by the Republicans; H. Alston of California. So there is other business Lazzara, District Court, never given a vote Johnson, Fifth Circuit, never given a that could be done, but if he wants to by Republicans/not confirmed. J. Rich Leon- vote by the Republicans; Enrique have us stay late and keep talking ard, District Court, never given a vote by Re- publicans/not confirmed. Stephen Moreno—a Latino nominee—never about this person—we on this side be- Lieberman, District Court, never given a given a vote by the Republicans; Jorge lieve there is a problem, and we feel it vote by Republicans/not confirmed. Rangel, Fifth Circuit, never given a is our constitutional prerogative and Matthew Kennelly, District Court. James vote—he is also Hispanic—Eric Clay, duty to ask questions and have them Klein, District Court, never given a vote by Sixth Circuit, and nothing happened answered. Republicans/not confirmed. John Lim, Dis- with him; Kent Markus, Sixth Circuit, When we have someone who has a trict Court, never given a vote by Repub- never given a vote by the Republicans; track record like this, where there is licans/not confirmed. Harry Litman, District Kathleen McCree Lewis, Sixth Circuit not much in the way of legal informa- Court, never given a vote by Republicans/not confirmed. Frank McCarthy, District Court, never given a vote; Helene White, Sixth tion other than some cases he handled, never given a vote by Republicans/not con- Circuit, never given a vote; Bonnie we should be able to review his legal firmed. Donald Middlebooks, District Court. Campbell, Eighth Circuit, never given memoranda he wrote when he was a Jeffrey Miller, District Court. Margaret Mor- a vote; James Duffy, never given a member of the Solicitor General’s Of- row, District Court. Sue Myerscough, Dis- vote; Barry Goode, Ninth Circuit, never fice. trict Court, never given a vote by Repub- given a vote; and Christine Arguello There were 48 district court nominees licans/not confirmed. Lynette Norton, Dis- and James Lyons, Tenth Circuit, never who did not get through the Senate in trict Court, never given a vote by Repub- given a vote. the Congress first nominated; 37 were licans/not confirmed. blocked from getting a vote or being Susan Oki Mollway, District Court. Vir- I just note that Helene White waited ginia Phillips, District Court, never given a more than 1,500 days, never to be al- confirmed: vote by Republicans/not confirmed. Robert lowed a hearing or a vote. Richard Paez Steven Achelpohl, district court, Pratt, District Court. Linda Riegle, District waited more than 1,500 days, but there never given a vote by Republicans; Jo- Court, never given a vote by Republicans/not is good news there: He was finally con- seph Bataillon, district court, never confirmed. Anabelle Rodriguez, District firmed. I spoke to that good man on a given a vote by Republicans; Steven Court, never given a vote by Republicans/not number of occasions during his time in Bell, district court, never given a vote confirmed. Michael Schattman, District ‘‘legal limbo,’’ or wherever he was, by Republicans; John Bingler, district Court, never given a vote by Republicans/not never being given a vote. But, finally, court, never given a vote by Repub- confirmed. Gary Sebelius, District Court, licans; David Cercone, district court— never given a vote by Republicans/not con- he had a hearing and he was confirmed firmed. Kenneth Simon, District Court, after more than 1,500 days, more than 4 once in a while there is some good never given a vote by Republicans/not con- years. news. David was not given a vote but firmed. Christina Snyder, District Court. Mr. President, we submitted 48 dis- eventually was confirmed. Clarence Sundram, District Court, never trict court nominees who were blocked Patricia Coan, district court, never given a vote by Republicans/not confirmed. in the first Congress they were nomi- given a vote by Republicans; Jeffrey Hilda Tagle, District Court. Thomas nated, and 37 were blocked from ever Colman, district court, never given a Thrash, District Court. Cheryl Wattley, Dis- getting a vote or being confirmed. So vote by Republicans; Valerie Couch, trict Court, never given a vote by Repub- for my friends to lament the fact that district court, never given a vote by licans/not confirmed. Wenona Whitfield, Dis- Republicans; Legrome Davis, district trict Court, never given a vote by Repub- we are in the light of day, where we licans/not confirmed. Ronnie White, District have told everybody here we are not court, never given a vote by Repub- Court, never confirmed by floor vote. Fred- going to allow Miguel Estrada to be licans finally allowed a vote once eric Woocher, District Court, never given a confirmed unless he submits to proper Democrats became the majority; vote by Republicans/not confirmed. questioning—I should not say proper Rhonda Fields, district court, never Mr. REID. They had mysterious holds questioning, how about proper an- given a vote by Republicans; S. David and were not provided with votes of swers—and unless we are allowed to re- Fineman, district court, never given a any kind and were simply not allowed view the Solicitor’s memoranda that vote by Republicans; Robert Freedberg, to have their matters brought before have been given to us on other occa- district court, never given a vote by the Senate. We would have liked the sions and unless he is forthcoming in Republicans; Dolly Gee, district court, opportunity to even see if we could answers to questions. never given a vote by Republicans; have stopped a filibuster, if that was These are not anonymous holds. We Melvin Hall, district court, never given what they wanted, but they simply are telling the world that we will not a vote by Republicans; Marian John- would not bring them forward. allow Miguel Estrada to become a DC ston, district court, never given a vote I will name a few circuit court nomi- Circuit Court judge unless he does by Republicans; Richard Lazzara, dis- nees. Out of 31 submitted who were not that. If he doesn’t do that, the major- trict court, never given a vote by Re- confirmed in the first Congress they ity leader has three options: Pull the publicans; J. Rich Leonard, district were nominated, 22 were blocked by the nomination, go forward to invoke clo- court, never given a vote by Repub- Republicans from ever being con- ture, or have this on the floor forever, licans; Stephen Lieberman, district firmed. Allen Snyder, DC Circuit, never which is something—boy, they are real- court, never given a vote by Repub- given a vote by Republicans, certainly ly giving it to us tonight. They are licans; James Klein, district court, not confirmed; Elena Kagen, DC Cir- going to make us work late. never given a vote by Republicans; cuit, never given a vote by the Repub- That is what the leader said. We are John Lim, district court, never given a licans; Robert Cindrich, Third Circuit, going to work late. I said everything vote by Republicans; Harry Litman, never given a vote; Steven Orlofsky, has been said about Miguel Estrada, district court, never given a vote by Third Circuit, never given a vote; Rob- just not everyone has said it. So we are Republicans; Frank McCarthy, district ert Raymar, Third Circuit, never given going to have other people come and court, never given a vote by Repub- a vote; James Beatty, Fourth Circuit, say the same things that have been licans; Sue Myerscough, district court, never given a vote by the Republicans; said by approximately 20 Senators, and never given a vote by Republicans; Ly- Andre Davis, Fourth Circuit, never they will try to say it a little dif- nette Norton, district court, never given a vote; Elizabeth Gibson, Fourth ferently, but everything has been said. given a vote by Republicans; Virginia

VerDate Dec 13 2002 01:54 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\A12FE6.004 S12PT1 S2250 CONGRESSIONAL RECORD — SENATE February 12, 2003 Phillips, district court, never given a job he has done, but I have not done it old-fashioned virtue that was drilled vote by Republicans; Linda Riegle, dis- recently. I want the Senator to know into me by the first leader I knew, Sen- trict court, never given a vote by Re- the people of Vermont are so well ator Mike Mansfield. Senator Mans- publicans. This is very familiar to me served by his public service. The Sen- field said, whatever you do—and this is because she is a bankruptcy judge from ator from Vermont could go anyplace far more important than how you Nevada, still serving on the bank- in America and make a fortune, lit- vote—always keep your word. ruptcy court. I nominated her. It sim- erally, because of his legal skills and No Senator has a higher reputation ply did not move forward. I had a cou- his experience in the Senate, but he for integrity and truth-telling than the ple judges who did move forward and has taken the more difficult path, and Senator from Nevada, and that means was very happy about that. Senator that is serving the Senate because of a lot to me. I do appreciate the way he HATCH allowed me to move those nomi- his love of public service. has watched the floor and brought dig- nations. The people of Vermont are well nity and respect to this debate. I ad- Anabelle Rodriguez, district court, served, but so are the people of Nevada. mire him for it because, just as with never given a vote by Republicans; Mi- The people of Nevada benefit every day the distinguished Presiding Officer, we chael Schattman, district court, never from the service of the Senator from all bring different experiences to the given a vote by Republicans; Gary Vermont. Senate. We all have different reasons Sebelius, district court, never given a I am very grateful he is here helping for being here and we all have different vote by Republicans; Kenneth Simon, us—not helping us, this is his com- life experiences. district court, never given a vote by mittee. He is leading us on this most The distinguished Presiding Officer Republicans; Clarence Sundram, dis- important matter to bring about some was a war hero. After serving, he began trict court, never given a vote by Re- direction and responsiveness to the a business. He gained great experience publicans; Cheryl Wattley, district process which we are now going for- in that field in his home State of Ne- court, never given a vote by Repub- ward with. braska, and then he came to the Sen- licans; Wenona Whitfield, district I see the other Senator from ate. court, never given a vote by Repub- Vermont who is such a fine man. I The distinguished Senator from Ne- licans; Ronnie White, this is a fine want him to know how much I respect vada, of whom I was speaking, had var- man. He was defeated in a surprise his service to the country, especially ied experiences before coming to the strict party-line vote, but his nomina- the work he does on the Environment Senate. He was a trial lawyer, a boxer, tion at least was done in the light of and Public Works Committee. The en- and a state official in Nevada. He even day, and I appreciate that. That is bet- vironment is better because of the jun- served as a Capitol police officer back ter than all these anonymous holds and ior Senator from Vermont. in the days when many times they nothing never happens. The PRESIDING OFFICER. The Sen- were chosen by the Senators of the Frederick Woocher, district court, ator from Vermont. congressional delegation from the par- never given a vote by Republicans. Mr. LEAHY. Mr. President, I want to ticular State. All of these experiences My friend, and he is my friend, Sen- thank my dear friend, the senior Sen- of his he has brought to the Senate. ator BENNETT from Utah, a neighboring ator from Nevada, for his comments. Many times I have asked the distin- State—I have great admiration for We have served together for a long guished Presiding Officer questions on him. He comes from a wonderful fam- time, as he said, on the Appropriations military matters, not having had the ily. His father served in the Senate. He Committee. I have been in the Senate experience of serving in the military. was very honorable. His wife is a with several hundred Senators. I have Considering how close he came to end- friend. She is quite a musician. So I been fortunate. Like the Senator from ing his life in Vietnam, the country has have only good thoughts about my Nevada, I never knew I was going to be benefited by the fact he was there. I friend, Senator BENNETT, but I do say a Senator. I grew up in Montpelier, the know as a result of his life being to the distinguished Senator from Utah spared, I had the opportunity to gain that he should not come here and talk State’s capital. It had only 8,500 people. another close and dear friend in the about what a terrible thing it is for us I lived almost diagonally across from Senate. to require that Mr. Estrada answer the Statehouse. I remember as a child, probably There are a few observations I would these questions and submit the memos. about 4 years old, riding my tricycle like to make before I go into the dis- This is something we are doing openly. cussion I had earlier with both of the We are not trying to hide what is hap- through the halls of the Statehouse de- Senators from Utah about the adminis- pening in any way. livering newspapers to the Governor, I want to say one thing, I wanted to playing on the Statehouse lawn, sliding tration’s refusal to allow Senators to say it to him before he left the floor in the snow. Suddenly one day, at the examine Mr. Estrada’s writings— this morning, that I have been very age of 34, I was being sworn in as a Sen- which, incidentally, is an unfortunate honored to serve in the Senate. It is ator and I think what a thrill it was. I situation because Mr. Estrada told me something I never dreamed could hap- was the junior most member of the and other members of the committee pen. I am every day aware of what an Senate, but then I realized the best on both sides of the aisle he is perfectly honor it is to serve in the Senate, and part of it is the people you get to know willing to share and discuss his to serve with other Senators is an and serve with. writings. He personally had no objec- honor for me. This is unique. Nobody has been more of a help, a tion to his writings, his memos, his The two Senators from Vermont are mentor, a conscience for me, than the suggestions in the Department of Jus- in the Chamber. One just walked in. Senator from Nevada. Every morning tice and elsewhere to be made public. The senior Senator from Vermont has when I come to work I look at the Cap- He would have no objection to answer- been in the Senate approximately 30 itol and I think this is a nation of 260 ing questions based upon what he years, and I have watched a magician— to 270 million Americans, so diverse, wrote but, as he said, and he was very I say that in the most positive sense— and there are only 100 of us who get a honest about this, the administration perform his duties. I have the honor of chance to serve at any given time. had told him he could not. serving with a senior member on the Only 100 Americans get a chance to Mr. Estrada said the administration Appropriations Committee and the serve and represent the whole country. told him he could not, which in itself is ranking member of the Judiciary Com- Out of that 100, only 4 get to be the too bad because when this matter has mittee. I have so much admiration and leaders of their party, the Republican come up many times before in history respect for the work he does. He has leader and the deputy Republican lead- in connection with nominations for been so fair. When people were saying, er, the Democratic leader, the deputy lifetime appointments as well as for Don’t do this, the senior Senator from Democratic leader. short-term appointments, past admin- Vermont stepped above the political I have served with a number of them, istrations, Democratic and Republican, fray and did what was right on many but I would say the Senator from Ne- have allowed memoranda by Depart- judges. vada, Senator HARRY REID, is one of ment of Justice attorneys to be exam- I have come to the Chamber many the most extraordinary leaders the ined by the Senate Judiciary Com- times telling the Senator what a good Senate has ever had. He has kept the mittee.

VerDate Dec 13 2002 01:54 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G12FE6.049 S12PT1 February 12, 2003 CONGRESSIONAL RECORD — SENATE S2251 I make this point speaking as one than 35 weeks—to do with a Demo- I have done some checking on this, Senator, if Mr. Estrada were forthright cratic President. and I thought I would bring it do the and responsive to questions of Senators I think that sort of demonstrates attention of the Senator. They tell me and if the administration sent these what the partisanship is. In fact, there at the White House that they have writings up and allowed Mr. Estrada to is a nomination hearing being held this never, the Justice Department has discuss them and answer questions morning for a seat that has been va- never given out these materials re- about them—something Mr. Estrada cant since 1999. One part of me says quested by the Democrats—not in the himself has said he is perfectly willing good, it is about time we have had a Bork case, not in any other case. to do—I may not like the candid and hearing for that vacancy, but President Now, in the Bork case they did give responsive answers, I may disagree Clinton nominated two people to that materials that pertained to his dis- with what is in the writings, but at vacancy. This was to the Court of Ap- missal of Archibald Cox during Water- that point I feel the questions have peals for the Tenth Circuit. One is the gate, specific materials, but not a wide- been answered, assuming he is forth- Honorable James Lyons who was spread fishing expedition. And there is coming and we have the material, so blocked for partisan political reasons. a reason they do not want to give these then let us go ahead and vote for him There was an anonymous hold on the documents up—because they are privi- or against him. But when my col- Republican side. leged, they are a work product of the I mention this because also coinci- leagues are going to vote for somebody Solicitor General’s Office, they are cru- dentally we hear a lot about somebody on one of the most important courts in cial to the Solicitor General’s Office getting the highest rating from the the country, at least we should do it functioning well. American Bar Association, actually knowing what is in the record and hav- I bring that to my friend’s attention from a screening committee which is ing meaningful, not evasive, answers to because the arguments that have been now headed by a close friend and sup- brought up have been not persuasive, questions about his judicial philos- porter of President Bush’s. This nomi- they are not accurate, and frankly in ophy, his views, and his feelings about nee of President Clinton’s had the the other people beside Judge Bork, legal decisions. highest rating possible. He could have Republican Presidents and Demo- there is no record at all that the Jus- easily been confirmed, but anonymous cratic Presidents have faced this ques- tice Department ever gave those docu- holds, not open holds but anonymous tion before. President Reagan, Presi- ments to those people. Somebody may holds, on the Republican side stopped have leaked them, but the Justice De- dent Carter, and other Presidents did, it. He was not even allowed a hearing partment did not give them. and the material was forthcoming and or a vote in the committee. So the I thank the Senator. I just wanted to the Senate then went on to make a de- President nominated a second person, tell the Senator that I think this is a cision based on what they knew about Christine Arguello, a Latina nominee. the nominees. This is the best way to red herring. She had bipartisan support. She was Mr. LEAHY. Retaining my right to do it. supported by both her home State Sen- Before I discuss this precedent in the floor, I ask the Senator from Utah ators. One would think she would get more detail, I would like to note that to hear my speech because it may be at least a hearing or a vote in the com- this morning we had our third hearing that whoever he talked to at the White mittee. No. A number of people were in 2 weeks on the Judiciary Com- House may be new or may not be aware nominated after her and were given mittee. This included the 16th nominee of this. hearings and votes, but this Hispanic to receive a hearing, the fifth nominee Here are some of the memos past American woman was not. Under Re- to a circuit court in just two weeks. White Houses have provided us. They publican control of the Senate, Pro- That is interesting because when a are still in the files here. They are fessor Arguello was not even given a Democrat was President, the same Ju- pretty extensive. Included in this large hearing, to say nothing about a vote. diciary Committee chairman often volume are some of the same memos Regarding the document request re- written by attorneys to then-Solicitor took until the summer before having a lated to Mr. Estrada’s nomination, he hearing for these many nominees, espe- General Bork, as well as memos related has told both Senator HATCH and my- to the nominations of Justice William cially this many circuit court nomi- self, as well as several Members of the Rehnquist to be Chief Justice, of Brad- nees, many of whom have controversial Senate, that he is perfectly willing to ford Reynolds, the Reagan Associate or divisive records. show us his writings and respond to I see the distinguished senior Senator Attorney General for Civil Rights to be them and answer questions about Associate Attorney General and other from Utah on the floor. When he was them, but he has been told by the ad- nominees to short-term or lifetime ap- chairman under a Democratic Presi- ministration that he cannot; the ad- pointments. dent, when the Democrat was making ministration, however, would review I really do want to finish my speech, the nominations to the courts, it often those writings. They are the only ones and I think that then the Senator from took until the summer to have hear- who know whether this direct evidence Utah will understand what is going ings for this many nominees, especially of his views, the interpretation of law, on—with Mr. REYNOLDS, Mr. Benjamin circuit court nominees. We are talking is accurate or misleading—they are the Civiletti, in his nomination to become about having hearings for five circuit only ones who have access to it and Attorney General, and other past court nominee hearings by early Feb- they say, basically: Trust us. In car- nominees. I will not put them in the ruary. rying out your constitutional duties of RECORD now, but if my friend from In 1996, the Republican chairman did advise and consent: Trust us. Give not hold hearings for five circuit court someone a lifetime appointment of one Utah will bear with me, he will see nominees all year. Of course, it was a of the most important posts in the what happens on this, and I will lay out Democrat President. Actually, no cir- country: Trust us. the case where this has been done over cuit court nominees were confirmed Mr. HATCH. Will the Senator yield and over again in the past. that year, and none of the four who on that one point? I have some new in- This is a case where the administra- were allowed a hearing were confirmed formation. tion asks for the Senate to advise and during that entire year. Mr. LEAHY. I will yield on the basis consent to a lifetime appointment, In 1997, when President Clinton had that I will be allowed to retain the something that will go on well after been in office now on his fifth year, we floor, to which I know the Senator most of us have left the Senate, but the did not reach this number if circuit from Utah does not object, and I want administration does not want to pro- court nominees getting a hearing until to continue then. Because of my deep vide information and memoranda rel- September. Now the Committee has respect and quarter century of friend- evant to this nomination. The adminis- done it in just 2 weeks. It is interesting ship with the distinguished Senator tration has done this in both judicial because there have been questions of from Utah, I yield. and executive nominations. Even this partisanship. Now the Senate Judiciary The PRESIDING OFFICER. The Sen- very administration has done so in an- Committee does in 2 weeks with a Re- ator from Utah. other nomination for a short-term po- publican President, with the same Mr. HATCH. And we do have mutual sition, but it has refused to do so in the chairman, what took 9 months—more friendship. case of Mr. Estrada.

VerDate Dec 13 2002 01:54 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G12FE6.052 S12PT1 S2252 CONGRESSIONAL RECORD — SENATE February 12, 2003 I wonder—and of course if the Sen- nominated to become a judge in the pointment as a judge. Often we do not ator wishes me to yield, I will—I won- Ninth Circuit; and then- Justice Wil- ask. Sometimes there does not seem to der if he would give me the courtesy of liam Rehnquist, who was nominated by be a need for it because there is enough hearing some of these points. President Reagan to become Chief Jus- other information on the record. Mr. HATCH. If I could ask one ques- tice—among others. But when the requests have been tion, and of course I will listen to the I did not get a chance to go to the made, they have been honored by prior Senator. gym this morning, but I guess I can al- administrations that have followed a It is my understanding that the most get as much exercise in picking policy of accommodation in response Democrats have asked for memoranda up and holding some examples of the to a request from a co-equal branch of of appeals, certiorari petitions, and memoranda that have been provided by the Government for relevant informa- amicus curiae. Does the Senator have both Republican and Democratic ad- tion related to constitutional respon- any indication that any documents ministrations in the past, the exact sibilities, especially related to nomina- pertaining to recommendations of ap- same type of memoranda to the Solic- tions. peals, certiorari, or amicus curiae have itor General, as well as other similar This administration has not taken ever been given by the Justice Depart- legal memoranda, that we now ask for this position. Instead, they seem to be ment? on Mr. Estrada. So the real red herring saying: We know what is there, just Mr. LEAHY. I do have evidence of ex- is to assert that there is no precedent trust us. Rubberstamp what we send up actly that. If the Senator would let me and to claim that no such documents to you. Don’t ask any questions. Be finish my speech, he would understand have never been shared with the Senate quiet little boys and girls, just approve that. Judiciary Committee in past nomina- our lifetime judges and leave us alone. The irony with all this is that they The current White House has dis- tions, and to say therefore that the don’t want to show us this material so closed to the Senate legal memo- Senate cannot examine such docu- we could make an objective analysis randum writing by an attorney of ments and that they will not accommo- and not look to second hand evalua- President George H.W. Bush’s White date the committee’s request. Mr. House Counsel’s Office in connection tions, but they are perfectly willing to Estrada has stated, and I admire his go to some of these files and take out with the nomination of Jeffrey candor in doing this, that he is proud Holmstead to be Assistant Adminis- selective pieces and give them to the of his memoranda and has no personal supporters of the nominee and give trator of the Environmental Protection objection to us seeing his memoranda them to the press or leak them to the Agency, and, interestingly enough, this and he has no objection to answering press. They want to have it both ways. was a position of far less duration and questions based on what he wrote. The They are more than happy to use any- importance than a lifetime judicial ap- administration, however, says: We ob- thing from a confidential Government pointment. ject. That objection is based on a com- file they think will help them, but they In Mr. Estrada’s case, the White plete rewriting of the history of such don’t want to disclose the entire record House will not provide any of the infor- requests and past cooperation and ac- because they don’t want to have it in mation sought. That bothers me. I commodation. They have refused to context because then the truth may wonder what is in there. They seem to allow Mr. Estrada to answer many hurt. be saying: We have looked at it; trust questions and they have refused to If this is how the administration and us, it is OK. Well, I remember the allow the Senate to look at his memo- Department of Justice approach our made-up Russian proverb that Presi- randa. shared constitutional responsibility for dent Reagan speech writers came up The Committee’s request, however, is the appointment to high office, how are with: Trust, but verify. Even though well within the practice of the Senate we to have confidence in them in their there was no such proverb, I thought it in prior administrations. other representations about so many was a great saying, so I will use the What does seem to be said by the ad- things critical to how our Government same one. ministration is we cannot ask for this functions and how they exercise the The administration’s claim that such because we have not asked it in rela- enormous power entrusted to them as a a request is unprecedented, as the dis- tion to every judicial nominee who has function of the public office they oc- tinguished Senator from Utah sug- ever worked at the Department. Many cupy? How are we to accept it when gested, is actually wrong within the who worked there and who were nomi- they say, We don’t want to talk about administration’s own knowledge, even nated did have lengthy careers or aca- this but trust us? Yet when we ask their own history. It is also wrong with demic writings or had no controversy questions about things we legitimately respect to prior administrations and about being unable to set aside deeply believe could be looked at—nothing the confirmation history of the Judici- held beliefs, unlike the stealth can- classified, nothing confidential—they ary Committee. didate before us. The administration say they still don’t want to show us What is happening is the White also ignored the fact that when the that. House seems willing to rewrite history Senate Judiciary Committee has re- We talked about the performance for this case. I suspect if that is to be quested memoranda written by nomi- evaluation. The administration and Re- allowed, then the next difficult con- nees for term and lifetime appoint- publican supporters of Mr. Estrada firmation that comes up, the history ments who worked at the Justice De- have sought to exploit his performance will be rewritten again and the Senate partment, past Justice Departments evaluation. will be stonewalled again. have accommodated past Congresses Let’s go to the whole story on that. The facts, I say to my friend from upon the request. They keep saying Professor Bender Utah, are these. The Senate has re- We get a lot of paperwork on nomi- gave the highest evaluation to Mr. quested, and past Justice Departments nees. Sometimes we ask for more and Estrada when he was at the Depart- have provided, similar memoranda sometimes we ask for less, depending ment of Justice. They claim that is all such as memoranda related to appeals, on the record before us. But when we you need to know. They say we can’t certiorari petitions, and amicus cu- have asked for it, everybody, except give you anything else in the file, but riae—the decision to join a case as a this administration, has allowed it and we will show you this one thing. friend of the court—written by attor- not stonewalled us. In fact, I have been Well, this is not quite the whole neys of the Department of Justice. here for 29 years and I do not know of story. There is a letter received from They have done this in connection with a time when the Justice Department Professor Bender this week. It was sent the nominations of Robert Bork to be- has taken such an uncooperative ap- to Senator HATCH and the members of come Associate Justice of the Supreme proach to a request for information re- the committee. I assumed, since Sen- Court; William Bradford Reynolds, As- lating to a nomination. ator HATCH had been putting so much sistant Attorney General for the Civil History shows the Senate does not al- in the RECORD, he would probably put Rights Division, to become Associate ways seek information it has the power this in. He somehow didn’t. Attorney General; Benjamin Civiletti, to seek. We could ask for a whole lot of This is what Professor Bender’s let- nominated by President Carter to be- things that would be relevant to en- ter says in part. I would like to have come Attorney General; Stephen Trott, trusting a person with a lifetime ap- the entire letter printed. He says:

VerDate Dec 13 2002 01:54 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G12FE6.054 S12PT1 February 12, 2003 CONGRESSIONAL RECORD — SENATE S2253 It has come to my attention that, in re- 1. I have not changed my opinion of the He makes it very clear that he feels sponding to statements I made to the press nomination, nor have I ever said to anyone he has been misquoted on the Senate several months ago regarding the Estrada that I had changed my opinion. Someone floor. He may feel it was done inadvert- nomination, you [Senator HATCH] have said, must have inadvertently given you incorrect ently. He said, ‘‘Someone must have in- information about this. When asked by re- both to the Judiciary Committee and to the advertently given you incorrect infor- full Senate, (1) that I have since changed my porters what I thought of the nomination opinion about the nomination, and (2) that when it was first made (I assume I was asked mation about this,’’ making it very performance evaluations of Mr. Estrada’s because I have been one of Mr. Estrada’s su- clear that he was misquoted. work that I signed in 1995 and 1996, when I pervisors in the Solicitor General’s Office), I I know what he means. It is easy to was Principal Deputy Solicitor General, are stated my honest opinion, to the best of my get misquoted around here. Earlier this inconsistent with the views about the nomi- ability. I have not changed that opinion in week a Republican Senator misquoted nation that I gave to the press. I am writing any respect. me in the Senate Chamber. The Sen- this to correct those statements of yours. I have declined to keep stating the same ator who purported to quote my words No. 1. I have not changed my opinion of the views to the press, over and over again, be- cause I am not engaged in, and do not wish certainly could not have known that he nomination— was quoting me incorrectly. I can’t be- That is, the adverse opinion he had, to seem to be engaged in, any kind of cam- paign or crusade against Mr. Estrada. I did lieve—I would be shocked to think in which he opposed the nomination of not volunteer my negative comments to any- somebody would come here and quote Mr. Estrada. one, either in the press, the government, or me out of context or incorrectly to He said: elsewhere. I was asked my opinion and I gave make a partisan point. I would be as I have not changed my opinion of the nom- it. Having done so, I did not see any reason shocked as Claude Raines was in ‘‘Ca- ination, nor have I ever said to anyone that to keep repeating it to reporters who called. My opinion has not changed. sablanca.’’ I had changed my opinion. . . . I have not So people understand, the statement changed that opinion in any respect. 2. The ‘‘Excellent’’ performance evalua- tions of Mr. Estrada that I signed in 1995 and I did make on June 18, 1998, was to pro- This is dated February 10, 2003. He 1996 are not inconsistent with my published test the anonymous Republican hold in can’t be any more specific than that. statements about the nomination. To the the consideration of the judicial nomi- He was opposed to his nomination be- best of my recollection, it was the policy of nation of Judge Sonia Sotomayor. The fore. He is opposed to his nomination the Solicitor General’s Office at the time to nomination of Judge Sonia Sotomayor since. give every Assistant to the Solicitor General exactly the same performance evaluation. was held up, as I have stated before, for Then he says, speaking of the per- months and months and months by formance evaluations of Mr. Estrada, The language in the Performance Achieve- ments portions of Mr. Estrada’s evaluations anonymous holds. She had been nomi- these: was not written by me, nor did I fill out the nated by President Clinton to the Sec- . . . are not inconsistent with my pub- Employee Appraisal Record form. You will ond Circuit Court of Appeals. I believe lished statements [of opposition to him.] To notice, in examining the Performance Ap- she was the very first Hispanic woman the best of my recollection, it was the policy praisal Record form, that the language in to go to that court of appeals. Every- of the Solicitor General’s Office at the time the Performance Achievements portion was to give every Assistant to the Solicitor Gen- taken, word for word, from the printed Per- body assumed her to be a slam dunk. eral exactly the same performance evalua- formance Standards that precede each part She had been originally appointed by tion. of the evaluation form. As far as I can re- President George H.W. Bush to the dis- These things could have been printed member, an administrator in the Solicitor trict court. But Republicans allowed up a month before. General’s Office prepared identical ‘‘Excel- anonymous holds and nobody on the lent’’ evaluations for each Assistant each Republican side would say who was The language in the Performance Achieve- year, taking the language directly from the ments portions of Mr. Estrada’s evaluations holding her up, but they held her up. printed performance standards. I do not I am saying I would never do this to was not written by me, nor did I fill out the think this practice is an unusual one in the Employee Appraisal Record form. government. a judge. What I said was I would refuse Then he goes on to say: When these filled-out-forms came across to put an anonymous hold on any judge. I never have put an anonymous I believe that the Solicitor General’s Office my desk, I believe that I asked the Solicitor had the policy of giving each of the Assist- General what to do with them, and that he hold on a judge. If I wanted to delay for ants exactly the same Excellent rating each asked me to sign them, as written, as the whatever reason a nomination, I state Rating Official. I did as he requested. He year. it on the floor as I am doing now, in then signed them as the Reviewing Official. the light of day, not the cloak of se- And he stated why? Of course. It paid No actual individual written evaluation was them the highest salaries permitted by done by me—or, so far as I know, by anyone crecy. The portion of my speech about the Government. Everybody they hired else—in connection with these evaluations had those highest salaries. To keep the for any Assistant to the Solicitor General. anonymous holds—like some speeches I made in the years 1996, 1997, 1998, 1999, highest salaries, they had to have the They were boilerplate. I believe that the Solicitor General’s Office and 2000—were not heard on the other excellent rating. had the policy of giving each of the Assist- I ask unanimous consent to have the side of the aisle. That is probably why ants exactly the same Excellent rating each they now misquote it. I am sure it is an letter printed in the RECORD. year because it hired only the most highly inadvertent misquote. I think it is be- There being no objection, the mate- qualified lawyers and it paid them the high- cause they didn’t hear it. They cer- rial was ordered to be printed in the est salaries permitted by the government. tainly didn’t hear it at the time be- RECORD, as follows: ‘‘Excellent’’ ratings were necessary to jus- tify these salaries. I signed the already cause they continue to use the ‘‘anony- ARIZONA STATE UNIVERSITY, filled-out Performance Evaluation forms, as mous holds.’’ It is a practice I put an Tempe, AZ, February 10, 2003. they were give to me, as part of that policy. end to when I was chairman of the Ju- Renomination of Miguel A. Estrada to the Since my views seem to be relevant to the diciary Committee. But when Repub- United States Court of Appeals for the Senate’s consideration of the nomination, I District of Columbia Circuit. licans controlled the Senate in years would appreciate it if you would share this past they held up scores of judicial Hon. ORRIN HATCH, information with your colleagues who are U.S. Senate, considering the nomination. I thank you in nominees of President Clinton, and Hart Senate Office Building, advance for this consideration. never allowed them to come to a vote Washington, DC. Sincerely, by ‘‘anonymous holds’’ of a single Re- DEAR SENATOR HATCH: It has come to my PAUL BENDER, publican Senator or more than one. attention that, in responding to statements I Professor of Law. I am not surprised that they mis- made to the press several months ago regard- Mr. LEAHY. Mr. President, I am quote me on the floor, because they ing the Estrada nomination, you have said, doing that because Professor Bender didn’t hear my speech at that time. In both to the Judiciary Committee and to the asked that this be made known to the this case, people should understand full Senate, (1) that I have since changed my Senate, especially as he has been what was happening. opinion about the nomination, and (2) that Judge Sonia Sotomayor’s nomination performance evaluations of Mr. Estrada’s quoted as having changed his mind. He work that I signed in 1995 and 1996, when I still opposes Mr. Estrada. I will quote was delayed by anonymous Republican was Principal Deputy Solicitor General, are him again. He says: holds and was on the Senate calendar inconsistent with the views about the nomi- I have not changed my opinion of the nom- for months and months. She was favor- nation that I gave to the press. I am writing ination, nor have I ever said to anyone that ably reported by the Judiciary Com- this to correct those statements of yours. I had changed my opinion. mittee in early March of 1998. But then

VerDate Dec 13 2002 01:54 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G12FE6.056 S12PT1 S2254 CONGRESSIONAL RECORD — SENATE February 12, 2003 her nomination was stalled without ex- I do not recall anything like that wrote the letter, but one of the people planation or accountability on the cal- ever happening on the Senate floor. who signed it was Robert Bork. But I endar without Senate action. Even His nomination was rejected by a doubt he wrote it because his own nom- after I made my speech criticizing party-line vote of Republics—it was ination provides some of the strongest anonymous holds and stating that I quite unusual to vote down a district precedent for the requests we are mak- would never put on such an anonymous court nominee, especially one who had ing. hold, her nomination continued to be been voted out by the Judiciary Com- I do not fault them for seeking to delayed for several more months to the mittee. Some of the same Republicans maximize the secrecy of executive very end of the session of Congress. It who voted for him before the com- branch memoranda and deliberations, was actually delayed, I think, for 7 mittee voted against him on this floor. although I am surprised they are will- months. When it finally came up, 29 This superb African American jurist ing to do that at a time when we have Republican Senators voted against con- was humiliated and defeated. the most secretive administration I firmation of Judge Sonia Sotomayor It took several more months of hard have ever known out of the six admin- for the Second Circuit. work to obtain votes on the nomina- istrations—I came here right after the I went back and checked the CON- tion of Judge Paez and Marsha Berzon. Nixon administration, so I cannot GRESSIONAL RECORD. They are not re- Again, these anonymous Republican speak for the Nixon administration. quired to, of course, but you would holds held them up until March of the But this administration is certainly far think after voting against a judge, or following year 2000. more secretive than the other ones I having anonymous holds on a judge for Again, as I said, I will always oppose have served with before: the Ford, the a long period, there would be at least such anonymous holds. Carter, the Reagan, the first Bush, and one or two words in the CONGRESSIONAL Even then, after obtaining a vote of the Clinton administrations. RECORD explaining why this was done. Judge Paez’s nomination to the circuit This letter states a policy preference They don’t have any requirement to do court involving overcoming several and has been misinterpreted by some that, but I think it would have been procedural hurdles and several votes as a statement of law, or privileged, nice. If they carry out an anonymous before we were finally able, after more which it is not. I want to emphasize hold like that for all of those months, than 4 years of trying—4 years it sat that. They state what they think the you might say, Why? here—this distinguished Hispanic jurist policy should be. They do not state I mention this because there seems finally got a vote. Then 39 Republicans what the law should be. Therein lies an to be a lot being overlooked. When that voted against the nomination, includ- enormous difference. They are not same Republican Senator quoted part ing a number of Republican Senators writing this based on their legal knowl- of a colloquy between me and the then- who were involved in yesterday’s de- edge, saying this is the law. They are majority leader, TRENT LOTT, I suspect bate saying it would be a terrible and saying: This is what we think the pol- that he did not really recall the discus- unique precedent if we don’t imme- icy should be. sion, or he would not have had it so diately vote for a Hispanic who is nom- Well, I have always felt, on these wrong here on the floor. inated to the court of appeals, in this kinds of issues, Senators should make I will read again what Senator LOTT, case, Mr. Estrada. that policy. Especially we should make the Republican leader, said at that They were perfectly willing to block the policy of what we are going to ask time: floor votes for years before. I am not for in confirmation hearings. That was [T]here are not a lot of people saying: Give sure what the difference is. They both done at the time of our nation’s first us more Federal judges. They just are not. have supporters. leader, President George Washington in For us to be pontificating about this and I do recall the difference now. One cooperation with the Senate. I would gnashing, how unfair, this appointment of was appointed by a Democratic Presi- note that in 1795, four years after the more Federal judges, It is just not dent and one by a Republican Presi- there.... Some people might argue that we Constitution was adopted, the Senate have plenty of Federal judges to do the job. dent. Like I said, that seems to be all defeated one of the judicial nomina- I hope they will do that. I am saying to you, the difference in the world. tions of President Washington, that of I am trying . . . but getting more Federal In the debate, my Republican col- John Rutledge and that vote was based judges is not what I came here to do. leagues speak of the weight of the let- on differences between many of the The distinguished Presiding Officer ter from the former Solicitors General Senators and Justice Rutledge regard- was not in the Senate at that time. But and Acting Solicitor General. They say ing ideas and policies. The Senate’s he may recall Justice Ronnie White this is definitive and assert that the consideration of judicial nominees and came from his State. Senate has no right to ask these ques- their views and approach to the law The nomination of Ted Stewart to tions. has been done by every Senate since. the District Court in Utah was also Immediately, the independent 100 It is especially difficult to under- very controversial. A lot of the so- Members of the Senate say, My gosh. stand, hearing the sudden urge on the called ‘‘liberal groups’’ the distin- These guys who held these important other side of the aisle that: Oh, my guished chairman is fond of excoriating staff positions at the Department of gosh, we have to keep everything in around here opposed Mr. Stewart. A lot Justice are telling us we can’t ask the executive branch confidential. of the same groups the distinguished questions; that we should immediately Well, Congress passed the Presidential senior Senator from Utah implies con- run for cover, and say, of course, we Records Act to require the opposite, trol things around here opposed Mr. will not ask questions. that memoranda and writings of advi- Stewart. I don’t quite read the Constitution sors to the President be made public. I voted for Mr. Stewart. I was one of that way. Additionally, I would not that some those Democrats who should not be In fact, I frankly didn’t get elected to of the same Senators made demand lumped together. In fact, a whole lot of the Senate and take my oath of office after demand for internal documents of Democratic Senators voted for Mr. and decide at that point I will vote or the Clinton administration over the Stewart, even though he was strongly take actions based upon what some- last several years. They were asking opposed by groups that are normally body who worked for the Attorney for things that had never been asked aligned with Democratic interests, es- General tells me to do or not do as a for before, such as information related pecially those who support a clean en- Senator. I don’t care which attorney to on-going investigations. In fact, I vironment in this country. general it might have been, Republican think the Republican-led Senate spent Then there was, of course, the nomi- or Democrat. It is not in the cards. tens of millions of dollars—tens of mil- nation of Justice Ronnie White. He But I was concerned. I know of these lions of dollars—of the taxpayers’ also was supported by every Demo- former Solicitors General from both money asking for document after docu- cratic Senator. And every single Re- Republican and Democratic adminis- ment, many of which were probably publican, including those who had trations. For many of them, I was im- were never read. I would be willing to voted for Ronnie White in committee, pressed with their legal abilities. So I bet some are still sitting in the enve- came down on the floor and voted am struck with their letter’s ignorance lopes they were transmitted in. And it against him. of the precedents. I do not know who was done almost every day: Let’s think

VerDate Dec 13 2002 01:54 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G12FE6.058 S12PT1 February 12, 2003 CONGRESSIONAL RECORD — SENATE S2255 of something else to ask for. And it was provided to client agencies within the Execu- 2. Without limiting the foregoing, all docu- sent. And the taxpayers were paying tive Branch.’’ We provided these privileged ments generated during the period from 1972 for it. documents to the Committee in order to re- through 1974 and constituting, describing, re- Now, if you have something that is spond fully to the Committee’s request and ferring or relating in whole or in part to any to expedite the confirmation process. of the following: relevant to the core functions of the Although the Committee’s need for these a. any communications between Robert H. Senate, especially the confirmation documents has ceased, their privileged na- Bork and any person or entity relating in function, then it is appropriate to ask ture remains. As we emphasized in our Au- whole or in part to the Office of Watergate for it. This is especially so for the only gust 24, 1987, letter, production of these doc- Special Prosecution Force or its positions in our whole system of gov- uments to the Committee did not constitute predecessors- or successors-in-interest; a general waiver of claims of privilege. We b. the dismissal of Archibald Cox as Spe- ernment that are for life—these judge- cial Prosecutor; ships are lifetime appointments. The therefore request that the Committee return all copies of all documents provided by the c. the abolition of the Office of Watergate Senate cannot amend these decisions, Special Prosecution Force on or about Octo- Department to the Committee, except docu- like a law, if we make a mistake. ber 23, 1973; ments that are clearly a matter of public d. any efforts to define, narrow, limit or The administration’s assertion that record (e.g., briefs and judicial opinions) or the documents produced to the com- otherwise curtail the jurisdiction of the Of- that were specifically made a part of the fice of Watergate Special Prosecution Force, mittee during the Bork nomination did record of the hearings. or the investigative or prosecutorial activi- not reveal internal deliberations is way Please contact me if you have any ques- ties thereof; off the mark—way off the mark. When tions. Thank you for your cooperation. e. the decision to reestablish the Office of they say this did not reveal internal Sincerely, Watergate Special Prosecution Force in No- deliberations, that is way off the mark. THOMAS M. BOYD, vember 1973; Acting Assistant Attorney General. It is quite clear the Department pro- f. the designation of Mr. Leon Jaworski as Watergate Special Prosecutor; vided the Senate with memoranda U.S. DEPARTMENT OF JUSTICE, OF- g. the enforcement of the subpoena at issue written to Mr. Bork by lower level at- FICE OF LEGISLATIVE AND INTER- in Nixon v. Sirica; torneys, those who were in the exact GOVERNMENTAL AFFAIRS, h. any communications on October 20, 1973 same capacity as Mr. Estrada, making Washington, DC, September 2, 1987. between Robert H. Bork and then-President recommendations about appeals in a Hon. JOSEPH R. BIDEN, Jr., Nixon, Alexander Haig, Leonard Garment, Chairman, Senate Judiciary Committee, Fred Buzhardt, Elliot Richardson, or William variety of cases. Ruckelshaus; For example, the Justice Department U.S. Senate, Washington, DC. DEAR MR. CHAIRMAN: Attached is one set of l. any communications between Robert H. provided the Senate Judiciary Com- copies of documents assembled by the De- Bork and then-President Nixon, Alexander mittee with memoranda related to the partment in response to your August 10, 1987 Haig and/or any other federal official or em- Justice Department’s legal analysis of request for documents relating to the nomi- ployee on the subject of Mr. Bork and a posi- school integration cases, such as nation of Robert Bork to the Supreme Court tion or potential position as counsel to memoranda from Frank Easterbrook of the United States, and provided in re- President Nixon with respect to the so-called sponse to requests made to date by Com- Watergate matter; when he was an Assistant Solicitor m. any action, involvement or participa- General and Bork was Solicitor Gen- mittee staff. These documents are being pro- vided under the conditions stated in my Au- tion by Robert H. Bork with respect to any eral. The Easterbrook legal memo and gust 24, 1987 letter to you. issue in the case of Nader v. Bork, 366 F. similar memos were shown as examples Sincerely, Supp. 104 (D.D.C. 1975), or the appeal thereof; n. any communication between Robert H. at Mr. Estrada’s recent hearing as part JOHN R. BOLTON, Bork and then-President Nixon or any other of the large volume of legal memo- Assistant Attorney General. federal official or employee, or between Mr. Attachments. randa provided by the Reagan Justice Bork and Professor Charles Black, con- Department and examined by Senators cerning Executive Privilege, including but U.S. SENATE, and key staff. not limited to Professor Black’s views on the COMMITTEE ON THE JUDICIARY, Senator DODD, in an excellent speech, President’s ‘‘right’’ to confidentiality as ex- Washington, DC, August 10, 1987. referred to some of these materials last pressed by Professor Black in a letter or ar- Hon. EDWIN MEESE III, ticle which appeared in night in debate. Not all of the informa- Attorney General, Department of Justice, in 1973 (see Mr. Bork’s testimony in the 1973 tion disclosed was previously placed in Washington, DC. Senate Judiciary Committee hearings on the the Estrada hearing record, so I ask DEAR GENERAL MEESE: As part of its prepa- ration for the hearings on the nomination of Special Prosecutor); unanimous consent, Mr. President, to o. the stationing of FBI agents at the Of- Judge Robert Bork to the Supreme Court, have printed in the RECORD a sample of fice of Watergate, Special Prosecution Force the Judiciary Committee needs to review the correspondence between Senator on or about October 20, 1973, including but certain material in the possession of the Jus- not limited to documents constituting, de- BIDEN, who was the then-chairman of tice Department and the Executive Office of the Judiciary Committee, and the Jus- scribing, referring or relating to any commu- the President. nication between Robert H. Bork, Alexander tice Department, which demonstrates Attached you will find a list of the docu- Haig, or any official or employee of the Of- ments that the Committee is requesting. the substantial cooperation and the fice of the President or the Office of the At- Please provide the requested documents by types of disclosures the Justice Depart- torney General, on the one hand, and any of- August 24, 1987. If you have any questions ment made to accommodate the Senate ficial or employee of the FBI, on the other; in past administrations. about this request, please contact the Com- and There being no objection, the mate- mittee staff director, Diana Huffman, at 224– p. the establishment of the Office of Water- 0747. gate Special Prosecution Force, including rial was ordered to be printed in the Thank you for your cooperation. RECORD, as follows: but not limited to all documents consti- Sincerely, tuting, describing, referring or relating in U.S. DEPARTMENT OF JUSTICE, JOSEPH R. BIDEN, Jr., whole or in part to any assurances, represen- OFFICE OF LEGISLATIVE AFFAIRS Chairman. tations, commitments or communications by Washington, DC, May 10, 1998. any member of the Executive Branch or any REQUEST FOR DOCUMENTS REGARDING THE Hon. JOSEPH R. BIDEN, Jr., agency thereof to any member of Congress NOMINATION OF ROBERT H. BORK TO BE AS- Chairman, Senate Judiciary Committee, U.S. regarding the independence or operation of Senate, Washington, DC. SOCIATE JUSTICE OF THE UNITED STATES SU- the Office of Watergate Special Prosecution DEAR CHAIRMAN BIDEN: This letter requests PREME COURT Force, or the circumstances under which the that the Committee return to the Justice Please provide to the Committee in accord- Special Prosecutor could be discharged. Department all copies of documents pro- ance with the attached guidelines the fol- 3. The following documents together with duced by the Department in response to lowing documents in the possession, custody any other documents referring or relating to Committee requests for records relating to or control of the United States Department them: the nomination of Robert Bork to the Su- of Justice, the Executive Office of the Presi- a. the memorandum to the Attorney Gen- preme Court. As Assistant Attorney General dent, or any agency, component or document eral from then-Solicitor General Boark, John Bolton noted in an August 24, 1987, let- depository of either (including but not lim- dated August 21, 1973, and its attached ‘‘re- ter to you, many of the documents provided ited to the Federal Bureau of Investigation): draft of the memorandum intended as a basis the Committee, ‘‘reflect or disclose purely 1. All documents generated during the pe- for discussion with Archie Cox’’ concerning internal deliberations within the Executive riod from 1972 through 1974 and constituting, ‘‘The Special Prosecutor’s authority’’ (type- Branch, the work product of attorneys in describing, referring or relating in whole or set copies of which are printed at pages 287– connection with government litigation or in part to Robert H. Bork and the so-called 288 of the Senate Judiciary Committee’s 1973 confidential legal advice received from or Watergate affair. ‘‘Special Prosecutor’’ hearings);

VerDate Dec 13 2002 02:41 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\G12FE6.069 S12PT1 S2256 CONGRESSIONAL RECORD — SENATE February 12, 2003 b. the letter addressed to Acting Attorney ther (i) to all criteria or standards used by the same law school I did, at about the General Bork from then-President Nixon, President Reagan in selecting nominees to same time: We are not potted plants up dated October 20, 1973., directing him to dis- the Supreme Court, or (ii) to the application here. The Senate has demonstrated its charge Archibald Cox; of those criteria to the nomination of Robert role in the confirmation of judges from c. the letter addressed to Archibald Cox H. Bork to be Associate Justice of the Su- the beginning of this country’s history. from then-Acting Attorney General Bork, preme Court. dated October 20, 1973, discharging Mr. Cox 9. All documents constituting, describing, After all, the Senate rejected some of from his position as Special Prosecutor; referring or relating in whole or in part to President George Washington’s and d. Order No. 546–73, dated October 23, 1973, Robert H. Bork and any study or consider- President Madison’s judicial nominees. signed by then-Acting Attorney General ation during the period 1969–1977 by the Ex- But let’s go ahead with what has hap- Bork, entitled ‘‘Abolishment of Office of Wa- ecutive Branch of the United States Govern- pened here. It makes me wonder if tergate Special Prosecutor Force’’; ment or any agency or component thereof of there is some kind of huge disconnect e. Order No. 547–73, dated October 23, 1973, school desegregation remedies. (In addition at the administration, or whether they signed by then-Acting Attorney General to responsive documents from the entities are getting all their information based Bork, entitled ‘‘Additional Assignments of identified in the beginning of this request, on some of the things that were wrong- Functions and Designation of Officials to please provide any responsive documents in Perform the Duties of Certain Offices in Case the possession, custody or control of the U.S. ly stated on the Senate floor. of Vacancy, or Absence therein or in Case of Department of Education or its predecessor What happened first is, the adminis- Inability or Disqualification to Act’’; agency, or any agency, component or docu- tration claimed: We cannot send up f. Order No. 551–73, dated November 2, 1973, ment depository thereof.) this material, these memos of Mr. signed by then-Acting Attorney General 10. All documents constituting, describing, Estrada because we never provided in- Bork, entitled ‘‘Establishing the Office of referring or relating in whole or in part to ternal legal memos in the past. Then, Watergate Special Prosecution Force’’; the participation of Solicitor General Robert of course, we gave them evidence: Well, g. the Appendix to Item 2.f., entitle ‘‘Du- H. Bork in the formulation of the position of yes, previous administrations had. ties and Responsibilities of Special Pros- the United States with respect to the fol- Then the administration says: Whoops, ecutor’’; lowing cases: well, those were different. They are dis- h. Order No. 552–73, dated November 5, 1973, a. Evans v. Wilmington School Board, 423 signed by then-Acting Attorney General U.S. 963 (1975), and 429 U.S. 973 (1976); tinguishable. So then we show them Bork, designating ‘‘Special Prosecutor Leon b. McDonough v. Morgan, 426 U.S. 935 (1976); evidence: No, it is exactly the same Jaworski the Director of the Office of Water- c. Hills v. Gautreaux, 425 U.S. 284 (1976); kind of memoranda. And they say: gate Special Prosecution Force’’; d. Pasadena City Board of Education v. Prove that you received memos that i. Order No. 554–73, dated November 19, 1973, Spangler, 427 U.S. 424 (1976); contained confidential information signed by then-Acting Attorney General e. Roemer v. Maryland Board of Public Edu- written by attorneys. And they say, we Bork, entitled ‘‘Amending the Regulations cation, 426 U.S. 736 (1976); are still not going to accommodate f. Hill v. Stone, 421 U.S. 289 (1975); and Establishing the Office of Watergate Special you. We are still not going to come Prosecution Force’’; and g. DeFunis v. Odegaard, 416 U.S. 312 (1975). forth. They, in essence, are saying we j. the letter to Leon Jaworski, Special GUIDELINES Prosecutor, from then-Acting Attorney Gen- are still going to stonewall you and we 1. This request is continuing in character will continue to deny that any prece- eral Bork, dated November 21, 1973, con- and if additional responsive documents come cerning Item 2.i. to your attention following the date of pro- dent exists. 4. All documents constituting, describing, duction, please provide such documents to I am reminded of the famous story of referring or relating in whole or in part to the Committee promptly. President Lincoln’s cross-examination any meetings, discussions and telephone con- 2. As used herein, ‘‘document’’ means the in a case when he was a young lawyer. versations between Robert H. Bork and then- original (or an additional copy when an As the story goes, Lincoln was cross- President Nixon, Alexander Haig or any original is not available) and each distribu- examining a witness about how a man, other federal official or employee on the sub- tion copy of writings or other graphic mate- who was far away from the scene of a ject of Mr. Bork’s being considered or nomi- rial, whether inscribed by hand or by me- nated for appointment to the Supreme fight, could have seen what happened. chanical, electronic, photographic or other And it went something like this. Court. means, including without limitation cor- 5. All documents generated from 1973 Lincoln said: Isn’t it true that you respondence, memoranda, publications, arti- were across the road from where the in- through 1977 and constituting, describing, re- cles, transcripts, diaries, telephone logs, ferring or relating in whole or in part to message sheets, records, voice recordings, cident took place? Robert H. Bork and the constitutionality, tapes, film, dictabelts and other data com- The answer was: Yes. appropriateness or use by the President of pilations from which information can be ob- Then Lincoln said: Isn’t it true that the United States of the ‘‘Pocket Veto’’ tained. This request seeks production of all you are near-sighted? power set forth in Art. I, section 7, paragraph documents described, including all drafts The witness answered: Yes. 2 of the United States Constitution, includ- and distribution copies, and contemplates And then Lincoln said: Isn’t it true ing but not limited to all documents consti- production of responsive documents in their that your view of the fight was blocked tuting, describing, referring or relating in entirety, without abbreviation or expur- by trees? whole or in part to any of the following: gation. The witness said: Yes. a. The decision not to petition for certio- 3. In the event that any requested docu- So Lincoln said: Then, how can you rari from the decision of the United States ment has been destroyed or discarded or oth- Court of Appeals for the District of Columbia sit there and testify under oath that erwise disposed of, please identify the docu- Circuit in Kennedy v. Sampson, 511 F.2d 430 the defendant bit Mr. Smith? ment as completely as possible, including (1947); The witness answered: Because I saw without limitation the date, author(s), ad- b. the entry of the judgment in Kennedy v. the defendant spit Mr. Smith’s ear out dressee(s), recipient(s), title, and subject Jones, 412 F. Supp. 353 (D.D.C. 1976); and of his mouth. matter, and the reason for disposal of the c. the policy regarding pocket vetoes pub- In our case, subsequent to Mr. document and the identity of all persons who licly adopted by President Gerald R. Ford in authorized disposal of the document. Estrada’s hearing, we learned that April 1976. 4. If a claim is made that any requested most of the Bork appeal memos dis- 6. All documents constituting, describing, document will not be produced by reason of closed to the Senate were returned to referring or relating in whole or in part to a privilege of any kind, describe each such the Department the year after the Robert H. Bork and the incidents at issue in document by date, author(s), addressee(s), United States v. Gray, Felt & Miller, No. Cr. 78– nomination. The proof is in a letter recipient(s), title, and subject matter, and 00179 (D.D.C. 1978), including but not limited from Acting Assistant Attorney Gen- set forth the nature of the claimed privilege to all documents constituting, describing, eral Thomas Boyd to Chairman BIDEN with respect to each document. referring or relating in whole or in part to in May 1988, which notes that: any of the exhibits filed by counsel for Ed- (Mr. TALENT assumed the Chair.) [M]any of the documents provided to the ward S. Miller in support of his contention Mr. LEAHY. I put that material in Committee, ‘‘reflect or disclose purely inter- that Mr. Bork was aware in 1973 of the inci- the RECORD because it stands in stark nal deliberations within the Executive dents at issue. contrast to the total lack of coopera- Branch, the work product of attorneys in 7. All documents constituting, describing tion by the current occupants of the connection with government litigation or or referring to any speeches, talks, or infor- Justice Department. confidential legal advice received from or mal or impromptu remarks given by Robert provided to client agencies within the Execu- H. Bork on matters relating to constitu- The administration, quite inappropri- tive Branch. We provided these privileged tional law or public policy. ately, I believe, refuses the request of a documents to the Committee in order to re- 8. All documents constituting, describing, coequal branch of Government. To spond fully to the Committee’s request and referring or relating in whole or in part ei- quote a friend of mine, one who went to to expedite the confirmation process.’’

VerDate Dec 13 2002 01:54 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\A12FE6.009 S12PT1 February 12, 2003 CONGRESSIONAL RECORD — SENATE S2257 Sound familiar? Well, the requests accommodation between the two inapplicable to the request for Mr. should be familiar. It is exactly what branches of our government. I have Estrada’s writings. we requested last year. The difference been seeking such accommodation for As a legal matter, the Seventh, is, during President Reagan’s adminis- the last two years with respect to judi- Eighth, and District of Columbia Cir- tration, they responded. During this cial nominations. I hope that we can cuits have ruled that government law- administration, they say: There is no now be more successful. yers are not entitled to claim the at- precedent for it. I would also note that the few court torney-client privilege. So, frankly, this is the ‘‘ear being cases cited by the administration Moreover, in this setting the ‘‘client’’ spit out.’’ The fact is, this letter ‘‘spits about the general desirability of con- is the government of which the Con- out’’ that the overly partisan current fidentiality for government documents gress is certainly a part. occupants of the Justice Department are dicta and not precedential or bind- This administration’s own Assistant have sought to deny the Justice De- ing on the Senate. Attorney General for Legal Policy Viet partment previously provided such doc- One of the cases relied on by the ad- Dinh flatly rejected the notion of such uments. Mr. President, those denials ministration is United States v. Nixon, a privilege five years ago when he told are false. 418 U.S. 683 (1974), in which the Su- Legal Times that a government law- Surely, a copy of this letter is also in preme Court ordered President Nixon yer’s ‘‘employer is not a single person the Justice Department’s files. If we to disclose his Watergate-related tape but the United States of America.’’ He had been able to get this letter earlier, recordings of Oval Office conversations said both the ‘‘United States of Amer- even by the time of Mr. Estrada’s hear- with his closest personal and legal ad- ica’’ and the ‘‘government’’ obviously ing, we would have put it in the visors. The Supreme Court also noted include the United States Senate, espe- RECORD. It is obvious why the Justice in the Nixon case that it is quite un- cially when it is fulfilling constitu- Department probably did not want us likely ‘‘that advisors will be moved to tional responsibilities. As conservative to have it. Because it conclusively temper the candor of their remarks by law professor Ronald Rotunda has demonstrates the precedent that docu- the infrequent occasions of disclosure.’’ noted, ‘‘government lawyers work for ments like the ones written by Mr. 418 U.S. at 712. the government, and not the particular Estrada were provided to the Senate Just as the Supreme Court observed individual whose offices happen to be Judiciary Committee in the past. in the Nixon case, it seems unlikely down the hall.’’ He added that ‘‘the The Boyd letter conclusively dem- that Mr. Estrada was chilled from ex- government cannot plead attorney-cli- onstrates the precedent that docu- pressing his views in his memos fol- ent privilege against itself.’’ This is ments like the ones written by Mr. lowing the disclosure of memos written from the Legal Times of August 3, 1998. The attorney-client privilege is de- Estrada were provided to the Senate by attorneys at the Department in the signed to encourage candor by the cli- Judiciary Committee in the past. It decade prior to his service there in con- ent, not the attorney. For those who must now be admitted beyond dispute nection with the Trott, Bork, are not attorneys, I note that the at- that, as the Justice Department ac- Rehnquist, and Reynolds nominations. torney-client privilege is designed for knowledged back then, ‘‘the work prod- Ironically, memoranda by Mr. Bork as- litigation in courts between private uct of attorneys in connection with sessing President Nixon’s authority to parties. It is a judge-made doctrine government litigation or confidential refuse to disclose information was one based on policy considerations to foster legal advice’’ was provided to the Sen- of documents provided to the Senate in an effective adversary legal system. I ate in connection with past nomina- connection with the Bork nomination. Other cases cited by the Justice De- am a strong believer in our adversarial tions. legal system and a strong supporter of I hope that the administration and partment in its second letter are inap- the attorney-client privilege. It does its Republican supporters will finally plicable to the Senate or pre-date the not apply in these circumstances. quit denying the precedent for the re- Nixon decision. For example, NLRB v. Finally, there is ample precedent quest and provide us with Mr. Estrada’s Sears, Roebuck & Co., 421 U.S. 132, 151 that the attorney-client privilege does memoranda. Letters from the Justice (1975), is a case brought under the Free- not apply to requests by Congress. As Department itself finally conclusively dom of Information Act (FOIA) involv- Senator Fred Thompson, who chaired establish the precedent for our request. ing a statutory-based claim of delibera- one of the many Republican investiga- The longstanding policy of the Jus- tive process privilege under FOIA, not tions into the Clinton Administration, tice Department, until now, and the a request from the Congress. I wish noted: ‘‘In case after case, the courts policy of prior administrations, includ- this administration were more forth- have concluded that allowing it [the ing the Reagan and first Bush adminis- coming in connection with FOIA re- attorney-client privilege] to be used trations, has been a practice of accom- quests, but this is not a FOIA request, against Congress would be an impedi- modation with the Senate in providing nor does FOIA limit Congress’ author- ment to Congress’ obligation and duty access to materials requested in con- ity to seek information from the Exec- to get to the truth and carry out its in- nection with nominations. This admin- utive Branch or its agencies. Indeed, 5 vestigative and oversight responsibil- istration would rather deny the truth U.S.C. 552(d) expressly provides that ities.’’ and long-standing practices. At times FOIA ‘‘is not authority to withhold in- My good friend from Utah, Senator it is as if this administration thinks it formation from Congress.’’ HATCH, has echoed that analysis. A few has a blank slate and a blank check During the course of this debate Re- years ago, he observed: ‘‘The attorney- notwithstanding tradition, history, publican Senators have also spoken as client privilege exists as only a narrow precedent or the shared powers explic- if these materials are somehow pro- exception to broad rules of disclosure. itly provided by our nation’s Constitu- tected by an attorney-client privilege. And the privilege exists only as a stat- tion. First, I note that even the administra- utory creation, or by operation of There is part of a pattern of hostility tion has not made that claim. The ad- State common law. No statute or Sen- by this administration to requests for ministration’s refusal to cooperation is ate or House rule applies the attorney- information by Congress acting pursu- not based on any claim of a legal privi- client privilege to Congress. In fact, ant to powers granted to it by the Con- lege, just recalcitrance. I believe I ex- both the Senate and the House have ex- stitution, regarding nominees and plained at Mr. Estrada’s hearing some plicitly refused to formally include the other important oversight matters. of the reasons a claim of attorney-cli- privilege in their rules.’’ Yesterday, I joined with the distin- ent privilege would be misplaced. Until The Congressional Research Service guished Democratic Leader in a letter this week, only the Washington Post has found that ‘‘No court has ever to the President setting forth back- had gotten it wrong in asserting that questioned the assertion of that pre- ground on the stonewalling of his ad- privilege applies. rogative’’ and noted that the privilege ministration that has occurred with re- Unfortunately, Republican Senators ‘‘is not of constitutional dimensions, spect to this nomination and urging are now taking up that chant. It is [and] is certainly not binding on the him to take action to help resolve the heartwarming to hear Republicans’ de- Congress of the United States.’’ impasse. I thank the Democratic Lead- votion to concepts like the attorney- I regret that so many of our Repub- er for taking this action and seeking client privilege but it is that concept is lican colleagues have chosen to seek

VerDate Dec 13 2002 01:54 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G12FE6.071 S12PT1 S2258 CONGRESSIONAL RECORD — SENATE February 12, 2003 comfort and concealment in a legal structs Senators from fulfilling their spond fully to the Committee’s request and principle that has no application to role of giving meaningful advice re- to expedite the confirmation process. this matter. I think that the confusion garding lifetime appointments and to Although the Committee’s need for these started with a Washington Post edi- documents has ceased, their privileged na- give or withhold consent. The advice ture remains. As we emphasized in our Au- torial that got this matter all wrong and consent responsibility that the gust 24, 1987, letter, production of these doc- and reflects a lack of familiarity with Constitution entrusts to the Senate is uments to the Committee did not constitute the history of nominations and the demeaned if the Administration refuses a general waiver of claims of privilege. We Senate’s long-standing view of the to disclose information reasonably re- therefore request that the Committee return privilege. The Washington Post’s edi- lated to a nominee’s fitness or integ- all copies of all documents provided by the torials on these matters has been prone rity. Department to the Committee, except docu- to err in a number of ways and they re- Public confidence in the fairness of ments that are clearly a matter of public main free to do so, but I am sorry so the judiciary is eroded when the Ad- record (e.g., briefs and judicial opinions) or that were specifically made a part of the many were led astray on this and other ministration hides pertinent informa- record of the hearings. matters. tion about a nominee sought by the Please contact me if you have any ques- This Administration’s policy argu- Senate Judiciary Committee in seek- tions. Thank you for your cooperation. ment for absolute secrecy of these ing to fulfill its role related to the ap- Sincerely, memoranda is undermined by other pointment power that the Constitution THOMAS M. BOYD, long-standing practices related to confers jointly on the Senate and the Acting Assistant Attorney General. nominees. The Senate routinely re- President. The advice and consent Mr. LEAHY. It is interesting to note ceives confidential information about clause of the Constitution is part of the that after I wrote the Attorney General lifetime and term-appointed nominees Constitution’s checks and balances in and Mr. Estrada in May 2002, when I re- by way of the FBI’s background inves- the lifetime appointment of individuals quested Mr. Estrada’s writings, the ad- tigation of a nominee, which details to a co-equal third branch of the fed- ministration didn’t respond imme- their adult lives and many private eral government, unaccountable to the diately. If they really believed in their matters. Thus, the Senate is not re- normal democratic process. The own precedent, they would have come quired to show a particularized need public’s representatives in the Senate back and said: Look, we have a prece- for such private information which has should have an opportunity to examine dent against it. I think they realized long been germane to a nominee’s fit- the writings of Mr. Estrada in advance there really was no such precedent, and ness for judicial office. of entrusting him with a judicial role they were going to try to make one up. Moreover, the memos at issue do not for life. They took weeks to respond. They involve national security. There are no The influence of the courts over the could have responded in a day because state secrets in the documents Mr. lives of Americans demands that the the precedent was so clear. Or if they Estrada has written requiring that Senate exercise its checking responsi- simply wanted to say, well, maybe all they be sealed from congressional view bility carefully and only after review- other Presidents did it that way, we forever. The memos do not relate to ing all relevant information. are not going to do it that way, they any on-going criminal investigation or I think it has to be admitted beyond could have done that in just a matter to any matters that have not likely al- dispute that, as the Justice Depart- of days. But instead, it makes you won- ready been disposed of by the courts ment acknowledged back then, ‘‘the der, did they go back and read those long ago. His writings are relevant to work product of attorneys in connec- memoranda and say: Whoops, we don’t how he thinks, analyzes legal issues tion with government litigation or con- want these to go before the Senate, and makes judgement and, therefore, fidential legal advice’’ was provided to they are too revealing? relevant to whether or not he should be the Senate in connection with past Whatever it is, Mr. Estrada himself confirmed to the second highest court nominations. I hope the administration says: As far as I am concerned, you can in the country. Moreover, as Senator and their supporters here in the Senate see them, and you can ask me ques- SCHUMER noted in his letter, anytime will finally quit denying the precedent tions about them. one of these memos is written, the for the request and provide us with Mr. The irony is, in all likelihood we writer must assume, and even hope, Estrada’s memoranda. Letters from the would not be here today, having this that his or her views will become the Justice Department itself finally and long debate on the Estrada nomina- Department’s official position. Thus, it conclusively establish the precedent tion, if he had simply done that. If the is hard to believe the risk of disclosure for our request. administration simply said: Look, on the remote chance that one might I ask unanimous consent that the Miguel Estrada is willing to have his someday be selected for a judgeship letter, dated May 10, 1988, from Acting memoranda before the Senate Judici- would be chilling. Assistant Attorney General Thomas ary Committee and then to answer Further, as noted long ago by the Su- Boyd be printed in the RECORD. questions about what he meant, we preme Court in McGrain v. Daugherty, There being no objection, the letter would not be here; we would not be in 273 U.S. 135 (1927), Congress has the was ordered to be printed in the the circumstance where he is asked, power to inquire into the administra- RECORD, as follows: over the last 40 or 50 years: Is there tion of the Department of Justice— U.S. DEPARTMENT OF JUSTICE, anything that you disagreed with that whether its functions are being prop- OFFICE OF LEGISLATIVE AFFAIRS, the Supreme Court said? During that erly discharged or neglected or mis- Washington, DC, May 10, 1988. time, the Supreme Court has overruled directed, and particularly whether the Hon. JOSEPH R. BIDEN, Jr., itself. No, nothing. Attorney General and his assistants Chairman, Senate Judiciary Committee, So we really have no idea what he were performing or neglecting their du- U.S. Senate, Washington, DC. thinks. They simply said: Look, we ties. Even Montesquieu, the architect DEAR CHAIRMAN BIDEN: This letter requests nominated somebody. We were not of separation of powers, stated that that the Committee return to the Justice willing to allow the nominations to go Department all copies of documents pro- ‘‘The legislature should have the duced by the Department in response to forward when President Clinton nomi- means of examining in what manner its Committee requests for records relating to nated people here. We blocked them for laws have been executed by public offi- the nomination of Robert Bork to the Su- year after year after year, but take cials.’’ In this case, whether Mr. preme Court. As Assistant Attorney General ours on faith. Estrada was using his position as an John Bolton noted in an August 24, 1987, let- Again, to the folks who made up a Assistant Solicitor General to advance ter to you, many of the documents provided slogan I kind of liked, ‘‘Trust, but his personal political opinions or to de- the Committee, ‘‘reflect or disclose purely verify,’’ we will trust but verify. As I fend faithfully the laws passed by Con- internal deliberations within the Executive said, we would not even be here today, Branch, the work product of attorneys in gress has been called into question. connection with government litigation or we would not be having this debate In sum, there is ample historical confidential legal advice received from or today, if this had been done. precedent for the request made by the provided to client agencies within the Execu- The longstanding policy of the Jus- Senate Judiciary Committee. This Ad- tive Branch.’’ We provided these privileged tice Department until now, the policy ministration’s refusal to cooperate ob- documents to the Committee in order to re- of prior administrations, including

VerDate Dec 13 2002 02:00 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\G12FE6.074 S12PT1 February 12, 2003 CONGRESSIONAL RECORD — SENATE S2259 Reagan and the first Bush administra- Civiletti, Stephen Trott, and William ary Committee hearing to allow for a cred- tion, has been a practice of accommo- Rehnquist, be printed in the RECORD. ible review of his judicial philosophy and dation with the Senate in providing ac- There being no objection, the letter legal views. cess to materials requested in connec- was ordered to be printed in the We would appreciate your personal atten- tion to this matter. tion with nominations. But this admin- RECORD as follows: Sincerely, istration wants to deny the truth and U.S. SENATE, TOM DASCHLE. longstanding practices. You would Washington, DC, February 11, 2003. PATRICK LEAHY. think they believe they have a blank The PRESIDENT, The White House, Mr. LEAHY. Mr. President, I yield slate and a blank check notwith- the floor. standing tradition, history, and prece- Washington, DC. DEAR MR. PRESIDENT: We are writing in The PRESIDING OFFICER (Mr. dent or the shared powers explicitly reference to your nomination of Miguel COLEMAN). The Senator from Utah. provided by our Nation’s Constitution. Estrada to the U.S. Court of Appeals for the Mr. HATCH. Mr. President, I have This goes beyond hubris. This goes to District of Columbia Circuit. Pursuant to been listening to this day after day a sense of entitlement. It is a ‘‘l’etat, the Constitution, the Senate is to act as a after day. It is clear this is a game. It c’est moi’’ attitude on the part of the co-equal participant in the confirmation of is a bad game. If they don’t like the an- judges to the Federal bench. Unlike nomina- administration. It is saying: If we say swers Mr. Estrada has given, vote it, it happens. If we want it, it is OK. It tions made by a President for Executive Branch appointments, judicial nominees are against him. That is the remedy here. is almost like the little kid on the Don’t filibuster. Don’t explode this playground who says: I want this one, I reviewed by the Senate for appointment to lifetime positions in the Judicial Branch. body into always having filibusters on want this one, I want this one, and I The Senate has often requested and re- any judge who may be controversial on don’t care what the playground rules ceived supplemental documents when it is one side or the other. Vote against are. considering controversial nominations or him. Talk against him, like we have Well, this is a lot more than a play- when evaluating a candidate with a limited had plenty of. Then you have an abso- ground. This is the U.S. Senate, a place public record. The Chairman of the Senate lute right to vote against him if you I love and revere and a place steeped in Judiciary Committee wrote to your Adminis- want to. constitutional history, steeped in con- tration on May 15, 2002 to request such sup- Now, let me go back through some of stitutional prerogatives; but even more plemental documents to assist in Senate consideration of the Estrada nomination. In the things we were talking about. On so, one where we are called upon day particular, the request was made for appeal May 15, 2002, Senator LEAHY sent the after day to protect the Constitution of recommendations, certiorari recommenda- following letter to Attorney General the United States. I see a pattern of tions, and amicus recommendations that Mr. Ashcroft: hostility by this administration to re- Estrada worked on while at the Department quests for information by Congress, of Justice. In connection with the nomination of Prior Administrations have accommodated Miguel Estrada to the United States Court of even though Congress is actively pur- Appeals for the D.C. Circuit, I write to re- suing the powers granted to it by the similar Senate requests for such documents. Such documents were provided during Sen- quest that the Department of Justice send to Constitution, regarding not only nomi- ate consideration of the nominations of Rob- the Judiciary Committee appeal rec- nees but important oversight matters. ert H. Bork, William Bradford Reynolds, ommendations, certiorari recommendations, Yesterday, I joined with the distin- Benjamin Civiletti, Stephen Trott, and Wil- and amicus recommendations Mr. Estrada guished Democratic leader in a letter liam H. Rehnquist. worked on while at the Department of Jus- to the President. We set forth the Your Administration has refused to accom- tice. This should assist the Committee in background of the stonewalling of this modate the Senate’s request for documents considering this nomination. administration that has occurred with in connection with the Estrada nomination. On June 5, in a letter from the De- respect to this nomination. We urged That refusal was a matter of inquiry at the partment of Justice, they answered the confirmation hearing held on this nomina- then-Chairman LEAHY’S letter: them to take action to help resolve the tion on September 26, 2002. Following the impasse. I thank the Democratic leader hearing, Senator Schumer wrote to the At- Dear Mr. Chairman: for taking this action seeking accom- torney General on January 23, 2003, to follow This is in response to your letter dated modation between the two branches of up on the request. May 15, 2002, requesting appeal recommenda- our Government. I have been seeking In addition to requests for documents, Sen- tions, certiorari recommendations, and ami- such accommodation for the last 2 ators frequently question judicial nominees cus recommendations that Miguel Estrada worked on when he was employed at the De- years with respect to judicial nomina- during their confirmation hearings to deter- mine their judicial philosophy, views and partment of Justice. tions. I hope we can be more successful. The categories of documents you have re- I hope that now people will step back temperament. For example, then-Senator John Ashcroft asked nominees: ‘‘Which judge quested are among the most highly privi- and say: Look, let’s put this on a more has served as a model for the way you would leged and deliberative documents generated even keel. Let’s have real hearings, not conduct yourself as a judge and why?’’ Mr. within the Department of Justice. The Solic- assembly line type hearings. Let’s Estrada refused to answer a similar question. itor General must have the benefit of candid carry out our constitutional respon- During consideration of President Clin- and confidential advice in order to discharge sibilities. Let’s go forward. That is the ton’s judicial nominees, Republican Senators his critical responsibility of deciding what way I thought it should be when I came asked repeated questions regarding nomi- appeals the Government will take and what positions the Government will adopt in pend- to the Senate 29 years ago. That is the nees’ judicial philosophy, views on legal matters, and approaches to interpreting the ing litigation. Attorneys like Mr. Estrada way I think it should be now. I think Constitution. They insisted on and received who serve as Assistants to the Solicitor Gen- that is the way it could be. It is the answers. During his consideration before the eral are asked to render candid, unbiased, way it was with both Republican and Senate Judiciary Committee, Mr. Estrada and professional advice about the merits of Democratic administrations. failed to answer these kinds of questions. potential appeals. I was not here at the time of the These questions have not only been rou- They do so by preparing exactly the kinds Nixon administration. I came shortly tinely asked by the Senate, they have been of recommendation memoranda you have re- thereafter. I don’t know if this kind of routinely answered by other nominees—in- quested. These documents review the sub- stantive legal issues in a case, the broader stonewalling is precedent or not. In my cluding other nominees from your Adminis- tration. jurisprudential implications of the case, pol- experience, I would not know that. But For the Senate to make an informed deci- icy considerations, the strength of the fac- I know it was not during the adminis- sion about Mr. Estrada’s nomination, it is tual record, and the overall likelihood of trations of President Ford, President essential that we receive the information re- success on appeal. Carter, President Reagan, the first quested and answers to these basic legal If highly privileged and deliberative docu- President Bush, or President Clinton. questions. Specifically we ask: ments of this kind are not shielded from dis- I ask unanimous consent that a copy 1. that you instruct the Department of Jus- closure, the Department will face the grave of the letter Senator DASCHLE and I tice to accommodate the requests for docu- danger that Assistants to the Solicitor Gen- sent to the President on this matter, ments immediately so that the hearing proc- eral, and others in comparable positions, will ess can be completed and the Senate can be chilled in the future from providing the pointing out that the precedent for have a more complete record on which to candid and independent analysis that is es- what we have asked for was shown in consider this nomination; and sential to high-level decisionmaking. As the the nominations of Robert Bork, Wil- 2. that Mr. Estrada answer the questions unanimous Supreme Court recognized: liam Bradford Reynolds, Benjamin that he refused to answer during his Judici- ‘‘Human experience teaches that those who

VerDate Dec 13 2002 02:41 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\G12FE6.061 S12PT1 S2260 CONGRESSIONAL RECORD — SENATE February 12, 2003 expect public dissemination of their remarks cause our colleagues think this is a able to Congress the kinds of documents you may well temper candor with a concern for good issue to stop and stymie this His- have requested. appearances and for their own interests to panic nominee. We trust that you will appreciate the im- the detriment of the decisionmaking proc- portant institutional interests that lead us ess.’’ United States v. Nixon, 418 U.S. 683, 705 Now, that was October 8. Not until to decline your request. In our judgment, the (1974). The Court observed that ‘‘the impor- after we noticed the markup for Mr. Committee has had ample time and alter- tance of this confidentiality is too plain to Estrada on January 23, 2003, did Sen- native means for obtaining assessments of require further discussion.’’ Simply put, the ator SCHUMER write to the Honorable how Mr. Estrada’s performance as an Assist- Department cannot function properly if our John Ashcroft at the Attorney Gen- ant to the Solicitor General bears on the attorneys write these kinds of documents eral’s Office, again requesting these merits of his nomination. In particular, you with one eye focused on the effect that their matters. And then the Department of have been free to inquire the Solicitors Gen- eral under whom Mr. Estrada served their words, if made public, might have on their Justice responded immediately. We re- qualification for future office. views as to his qualifications for the position For these reasons, the Department has a ceived it on January 23. Jamie E. to which he has been nominated. longstanding policy—which has endured Brown, Acting Assistant Attorney Gen- On January 25, 2002, you promised a Com- across administrations of both parties—of eral, explained that they cannot do mittee hearing for Mr. Estrada this year. So declining to release publicly or make avail- this. I have been informed that never that the Committee can meet your commit- able to Congress the kinds of documents you have they given up appeal rec- ment, we would request that you contact me have requested. ommendations, amicus recommenda- or Judge Gonzales, as soon as possible to dis- We trust that you will appreciate the im- cuss this matter if you have any questions or portant institutional interests that lead us tions, and certiorari recommendations. concerns. to decline your request. In our judgment, the I ask unanimous consent that these Sincerely, Committee has had ample time and alter- letters be printed in the RECORD in that DANIEL J. BRYANT, native means for obtaining assessments of order. Assistant Attorney General. how Mr. Estrada’s performance as an Assist- There being no objection, the mate- ant to the Solicitor General bears on the rial was ordered to be printed in the U.S. DEPARTMENT OF JUSTICE, merits of his nomination. In particular, you RECORD, as follows: OFFICE OF LEGISLATIVE AFFAIRS, have been free to inquire of the Solicitors Washington, DC, October 8, 2002. U.S. DEPARTMENT OF JUSTICE, General under whom Mr. Estrada served Hon. PATRICK J. LEAHY, OFFICE OF LEGISLATIVE AFFAIRS, their views as to his qualifications for the Chairman, Committee on the Judiciary, Washington, DC, June 5, 2002. position to which he has been nominated. U.S. Senate, Washington, DC. On January 25, 2002, you promised a Com- Hon. PATRICK J. LEAHY, DEAR MR. CHAIRMAN: During the hearing mittee hearing for Mr. Estrada this year. So Chairman, Committee on the Judiciary, on September 26, 2002, on the nomination of that the Committee can meet our commit- U.S. Senate, Washington, DC. Miguel A. Estrada to the United States ment, we would request that you contact me DEAR MR. CHAIRMAN: This responds to your Court of Appeals for the District of Columbia or Judge Gonzales as soon as possible to dis- letter dated May 15, 2002, requesting appeal Circuit, you and Senator Schumer restated cuss this matter if you have any questions or recommendations, certiorari recommenda- your request that the Department of Justice concerns. tions, and amicus recommendations that disclose certain confidential and privileged Miguel Estrada worked on when he was em- appeal, certiorari, and amicus memoranda That is the letter from the Justice ployed at the Department of Justice. Department in response to the letter that Mr. Estrada authored when he was a ca- The categories of documents that you have reer lawyer in the Office of the Solicitor Senator LEAHY sent on May 15. Appar- requested are among the most highly privi- General. ently, at the hearing this issue was leged and deliberative documents generated As we indicated in our letter of June 5, raised again, and the Department of within the Department of Justice. The Solic- 2002, we must respectfully decline your re- Justice responded to Chairman LEAHY itor General must have the benefit of candid quest. The relevant historical, policy, and again on October 8, 2002: and confidential advice in order to discharge legal considerations implicated by your re- his critical responsibility of deciding what Dear Mr. Chairman: quest demonstrate that disclosure of these During the hearing on September 26, 2002, appeals the Government will take and what memoranda from the Office of the Solicitor on the nomination of Miguel A. Estrada to positions the Government will adopt in pend- General would undermine the integrity of the U.S. Court of Appeals for the District of ing litigation. Attorneys like Mr. Estrada the decisionmaking process in that Office. Columbia Circuit, you and Senator Schumer who serve as Assistants to the Solicitor Gen- The Committee’s request threatens the restated your request that the Department eral are asked to render candid, unbiased, proper functioning of the Office of the Solic- of Justice disclose certain confidential and and professional advice about the merits of itor General. Indeed, all seven living former privileged appeal, certiorari, and amicus potential appeals. They do so by preparing Solicitors General—from Archibald Cox to memoranda that Mr. Estrada authored when exactly the kinds of recommendation memo- Seth P. Waxman—have written to the Com- he was a career lawyer in the Office of the randa that you have requested. These docu- mittee and explained that the Committee’s Solicitor General. ments review the substantive legal issues in broad and unprecedented request would have As we indicated in our letter of June 5, a case, the broader jurisprudential implica- a debilitating effect on the ability of the 2002, we must respectfully decline your re- tions of the case, policy considerations, the United States to represent itself in litiga- quest. The relevant historical, policy, and strength of the factual record, and the over- tion. Their letter explained that, as Solici- legal considerations implicated by your re- all likelihood of success of appeal. tors General, their ‘‘decisionmaking process quest demonstrate that disclosure of these If highly privileged and deliberative docu- required the unbridled, open exchange of memoranda from the Office of the Solicitor ments of this kind are not shielded from dis- ideas—an exchange that simply cannot take General would undermine the integrity of closure, the Department will face the grave place if attorneys have reason to fear that the decisionmaking process in that Office. danger that Assistants to the Solicitor Gen- their private recommendations are not pri- The Committee’s request threatens the eral, and others in comparable positions, will vate at all, but vulnerable to public disclo- proper functioning of the Office of the Solic- be chilled in the future from providing the sure.’’ Thus, ‘‘[a]ny attempt to intrude into itor General. Indeed, all seven living former candid and independent analysis that is es- the Office’s highly privileged deliberations Solicitors General—from Archibald Cox to sential to high-level decisionmaking. As the would come at the cost of the Solicitor Gen- Seth P. Waxman—have written to the Com- unanimous Supreme Court recognized: eral’s ability to defend vigorously the United mittee and explained that the Committee’s ‘‘Human experience teaches that those who States’ litigation interests—a cost that also broad and unprecedented request would have expect public dissemination of their remarks would be borne by Congress itself.’’ a debilitating effect on the ability of the may well temper candor with a concern for Longstanding historical Senate practice United States to represent itself in litiga- appearances and for their own interests to reinforces the position of the former Solici- tion. Their letter explained that, as Solici- the detriment of the decisionmaking proc- tors General that confidential, deliberative tors General, their ‘‘decisionmaking process ess.’’ United States v. Nixon, 418 U.S. 683, 705 documents from the Office of Solicitor Gen- required the unbridled, open exchange of (1974). The Court observed that ‘‘the impor- eral have been, and should remain, confiden- ideas—an exchange that simply cannot take tance of this confidentiality is too plain to tial during confirmation hearings. As the at- place if attorneys have reason to fear that require further discussion.’’ Id. Simply put, tached charts demonstrate, since the begin- their private recommendations are not pri- the Department cannot function properly if ning of the Carter Administration in 1977, vate at all, but vulnerable to public disclo- our attorneys write these kinds of docu- the Senate has approved 67 United States sure.’’ ments with one eye focused on the effect Court of Appeals nominees who previously That letter is quite detailed, Mr. that their words, if made public, might have had worked in the Department of Justice. on their qualification for future office. Those 67 nominees—of whom 38 had no prior President. It goes on to make this case For these reasons, the Department has a judicial experience—include eight former as persuasively as it can, and it gives a longstanding policy—which has endured lawyers with the Office of the Solicitor Gen- number of charts that make the case as across Administrations of both parties—of eral. Our review of each of these 67 nominees’ well, all to no avail, apparently, be- declining to release publicly or make avail- hearing records establishes that in none of

VerDate Dec 13 2002 02:00 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\G12FE6.064 S12PT1 February 12, 2003 CONGRESSIONAL RECORD — SENATE S2261 these cases did the Department of Justice supervised Mr. Estrada, has written to the er Congress can obtain reasonably equivalent produce internal deliberative materials cre- Committee in support of his nomination. Mr. information from alternative sources that ated by the nominee while a Department Waxman wrote: ‘‘During the time Mr. would satisfy its legitimate needs. In this in- lawyer. In fact, we could find no nominee for Estrada and I worked together, he was a stance, we again note that the Committee whom the Senate Judiciary Committee even model of professionalism and competence. In has full access to Mr. Estrada’s briefs and requested that the Department produce such no way did I ever discern that the rec- oral arguments, to the information provided materials. The Committee’s request with re- ommendations Mr. Estrada made or the by Mr. Waxman, to the letter from former spect to Mr. Estrada therefore is unprece- analyses he propounded were colored in any colleagues in the Solicitor General’s office, dented. way by his personal views—or indeed that and to his performance reviews. The Com- Of particular relevance are the appellate- they reflected anything other than the long- mittee also is free to contact any of Mr. court nominees who previously had been As- term interests of the United States.’’ Estrada’s former supervisors and colleagues sistants to the Solicitor General or Deputy Moreover, 14 of Mr. Estrada’s former col- in the Office of the Solicitor General to seek Solicitors General, and had not served as leagues in the Office of the Solicitor General further information about Mr. Estrada’s judges as the time of their nomination—the have written the Committee to emphasize temperament, fairness, analytical skills and same position Mr. Estrada occupies now. The his ability, collegiality, and integrity: ‘‘We abilities or any other matters the Com- nominees, nominated by Presidents of both also know Miguel to be a delightful and mittee appropriately deems relevant to its political parties and confirmed by Senates charming colleague, someone who can en- inquiry. Because the Committee has ade- controlled by both political parties, are: gage in open, honest, and respectful discus- quate sources of information about Mr. Samuel A. Alito Jr. (Assistant to the So- sion of legal issues with others, regardless of Estrada, among other reasons, it cannot es- licitor General, 1981–85; confirmed to the their ideological perspectives. Based on our tablish the ‘‘demonstrably critical’’ need for Third Circuit, 1990); experience as his colleagues in the Solicitor the deliberative materials in question. Danny J. Boggs (Assistant to the Solicitor General’s office, we are confident that he None of the seven examples cited during General, 1973–75; confirmed to the Sixth Cir- possesses the temperament, character, and Mr. Estrada’s hearing as precedent for the cuit, 1986); qualities of fairness and respect necessary to William C. Bryson (Assistant to the Solic- be an exemplary judge. In combination, Committee’s request—the nominations of itor General, 1978–79; Deputy Solicitor Gen- Miguel’s exceptional legal ability and talent, Judge Frank Easterbrook to the Seventh eral, 1986–94; confirmed to the Federal Cir- his character and integrity, and his deep and Circuit, Judge Robert Bork and Chief Justice cuit, 1994); varied experience as a public servant and in William Rehnquist to the Supreme Court, Frank H. Easterbrook (Assistant to the So- private practice make him an excellent can- Benjamin Civiletti to be Attorney General licitor General, 1974–77; Deputy Solicitor didate for service on the federal bench.’’ and Deputy Attorney General, William Brad- General, 1978–79; confirmed to the Seventh Finally, Mr. Estrada has sent the Judici- ford Reynolds to be Associate Attorney Gen- Circuit, 1985); ary Committee copies of his performance eral, Judge Stephen Trott to the Ninth Cir- Daniel M. Friedman (Assistant to the So- evaluations from his tenure in the Office. cuit, and Jeffrey Holmstead to be Assistant licitor General, 1959–68; Deputy Solicitor These documents indicate that Mr. Estrada’s Administrator at the Environmental Protec- General, 1968–78; confirmed to the appellate supervisors gave him ratings of ‘‘out- tion Agency—supports the Committee’s re- division of the Court of Claims (later the standing’’—the highest possible score—in quest in this matter. Federal Circuit), 1982); every category for every evaluation period. Of the seven cited nominees, the hearings Richard A. Posner (Assistant to the Solic- It bears emphasis that the long-standing of only two—Judge Bork and Judge itor General, 1965–67; confirmed to the Sev- historical practice, policy considerations and Easterbrook—involved documents from their enth Circuit, 1981); and views of the former Solicitors General are service in the Office of Solicitor General. A. Raymond Randolph (Deputy Solicitor fully supported by applicable legal prin- Senator Schumer placed into Mr. Estrada’s General, 1975–77; confirmed to the D.C. Cir- ciples. At the outset, it is important to note hearing record a single, two-page amicus rec- cuit, 1990). that the memoranda sought by the Com- ommendation memorandum that Judge In none of these cases did the Department mittee are indisputably within the scope of Easterbrook authored as an Assistant to the of Justice provide to the Committee the the deliberative process, attorney-client, and Solicitor General. The official record of nominees’ appeal, certiorari, or amicus rec- attorney working-product privileges. The Judge Easterbrook’s confirmation hearing ommendations. And in none of these cases Supreme Court has recognized ‘‘the valid contains no references to this document, and did the Committee request that the Depart- need for protection of communications be- based on a comprehensive review of the De- ment do so. tween high Government officials and those partment’s files, we do not believe that the The policy considerations implicated by who advise and assist them in the perform- Department authorized its release in connec- the Committee’s request underscore the ance of their manifold duties.’’ Houchins v. tion with Judge Easterbrook’s nomination. strength of the Department’s position and KQED, 438 U.S. 1, 35 n.27 (1978). Indeed, the Senator Schumer’s possession of this memo- demonstrate that previous Senate Judiciary Court has explained that ‘‘the importance of randum does not suggest that the Depart- Committees have recognized the essential, this confidentiality is too plain to require ment waived applicable privileges and au- long-term interest of the United States in further discussion. Human experience teach- thorized its disclosure in connection with protecting the integrity of such memoranda. es that those who expect public dissemina- Judge Easterbrook’s or any other nomina- The need to ensure the integrity of the proc- tion of their remarks may well temper can- tion. ess by which the Solicitor General makes dor with a concern for appearances and for litigation decisions for the United States is their own interests to the detriment of the The hearing record of Judge Bork’s nomi- extraordinarily important. As the former So- decisionmaking process.’’ Id. (internal nation to the Supreme Court demonstrates licitors General explained, the interest in re- quotation omitted). The deliberative process that the Committee received access to a lim- ceiving honest, candid assessments of pos- privileges’s ultimate purpose is to prevent ited number of documents related to three sible litigation positions, agency interests, injury to the quality of agency decisions by specific subjects of heightened interest to and Supreme Court opinions would be se- allowing government officials freedom to de- the Committee, two of which were related to verely compromised by disclosure in this bate alternative approaches in private. NLRB Judge Bork’s involvement in Watergate-re- context. It is important to add, furthermore, v. Sears, Roebuck & Co., 421 U.S. 132, 151 lated issues and triggered specific concerns that memoranda written by Assistants to (1975). Based on these principles, courts have by the Committee. The vast majority of the Solicitor General present legal argu- long recognized the Executive Branch’s au- memoranda authored or received by Judge ments supporting the litigation position of thority to protect the integrity of docu- Bork when he served as Solicitor General the United States, not their personal views. ments and other materials which would re- were neither sought nor produced. And the These memoranda seek to determine the veal advisory opinions, recommendations limited category of documents that were legal arguments that are appropriate in gov- and deliberations comprising part of a proc- produced to the Committee did not reveal ernment briefs, not the legal or policy pref- ess by which governmental decisions and the internal deliberative recommendations erences of their author. policies are formulated. See In re Sealed Case, or analysis of Assistants to the Solicitor Furthermore, the committee’s need to as- 121 F.3d 729, 737 (D.C. Cir. 1997). General regarding appeal, certiorari, or ami- sess a nominee’s performance, intellect, and As a matter of law and tradition, these cus recommendations in pending cases. integrity can be accommodated in ways privileges can be overcome only when Con- The remaining five nominations cited at other than introducing into the deliberative gress establishes a ‘‘demonstrably critical’’ the hearing similarly do not justify the dis- process of the Office of the Solicitor General. need for the requested information. Senate closure of deliberative material authored by For example, the Committee can review the Select Committee on Presidential Campaign Ac- Mr. Estrada. None of the limited documents nominee’s written briefs and oral arguments, tivities v. Nixon, 498 F.2d 725, 731 (D.C. Cir. disclosed in the hearings for those five nomi- consider the opinions of others who served in 1974) (en banc). It is insufficient for the re- nations involved deliberative memoranda the Office at the same time, and examine the quested material merely to ‘‘have some ar- from the Office of the Solicitor General. The nominee’s written performance reviews. In guable relevance’’ to appropriate Congres- Committee with respect to those five nomi- Mr. Estrada’s case, for example, there is a sional function. Id. at 733. In assessing nations requested specific documents pri- substantial body of information about his whether Congress’ possesses a ‘‘demon- marily related to allegations of misconduct tenure in the Office of the solicitor General. strably critical’’ need for the material in or malfeasance identified by the Committee. Former Solicitor General Seth Waxman, who question, one crucial consideration is wheth- Moreover, as noted above, with respect to

VerDate Dec 13 2002 02:00 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\A12FE6.012 S12PT1 S2262 CONGRESSIONAL RECORD — SENATE February 12, 2003 the nomination of Judge Trott, the Com- written by Judge Easterbrook in connection Committee and confirmation by the full Sen- mittee requested documents wholly unre- with his confirmation hearing. In response to ate. lated to Judge Trott’s service with the De- that claim, as we noted in our letter of Octo- Sincerely, partment. Again, the vast majority of delib- ber 8, 2002, we comprehensively reviewed the JAMIE E. BROWN, erative memoranda authored or received by Department’s files and the public record of Acting Assistant Attorney General. these nominees where never sought or re- Judge Easterbrook’s confirmation hearing Mr. HATCH. Mr. President, I want to ceived by the Committee. In sum, the exist- and we found absolutely no evidence that the make one or two other points, and then ence of a few isolated examples where the Department authorized the release of these Executive Branch on occasion accommo- memoranda in connection with Judge I understand Senator KYL is here and I dated a Committee’s targeted requests for Easterbrook’s nomination. Your most recent hope he can be heard. I ask unanimous very specific information does not in any letter now asserts that the Easterbrook doc- consent that he be recognized after me. way alter the fundamental and long-standing uments ‘‘apparently’’ were provided to the Mr. REID. Objection. principle that memoranda from Office of So- Committee in connection with Judge Bork’s The PRESIDING OFFICER. Objec- licitor General—and deliberative Depart- nomination. However, the public record of tion is heard. ment of Justice materials more broadly— Judge Bork’s confirmation hearings contains Mr. HATCH. All right. Here we are in must remain protected in the confirmation no mention of the Easterbrook memoranda context so as to maintain the integrity of the middle of an unprecedented fili- you reference. As we explained previously, the Executive Branch’s decisionmaking proc- buster. We have heard a lot of argu- your mere possession of these documents ess. ments and many repeated arguments. In conclusion, we emphasize that the De- does not suggest that the Department waived applicable privileges nor authorized We have heard Mr. Estrada ‘‘has not partment of Justice appreciates and pro- answered the Senators’ questions.’’ foundly respects the Judiciary Committee’s their disclosure in connection with either legitimate need to evaluate Mr. Estrada’s nomination. Well, he has. They asked question after qualifications for the federal bench. We You also suggest in your letter that the question at the hearing—one that they again suggest, however, that the information Administration’s decision to disclose legal conducted and they controlled. Any currently available is more than adequate to memoranda from the White House Counsel’s Senator who was not satisfied, and had allow the Committee to determine whether Office in connection with the nomination of additional questions, had the oppor- Mr. Estrada is qualified to be a federal judge. Jeffrey Holmstead to serve as Assistant Ad- tunity to send additional questions. Thank you for considering the Depart- ministrator of the Environmental Protection ment’s views on this matter. Mr. Estrada’s Well, they did. Two Senators—only two Agency serves as precedent for disclosing Mr. of them—sent Mr. Estrada followup nomination for a position on an important Estrada’s highly privileged work product. As federal court of appeals has now been pend- you may be aware, the White House initially questions. Senators DURBIN and KEN- ing for 518 days. There is no disagreement declined to provide all of Mr. Holmstead’s NEDY asked multiple questions. Mr. about the fact that he is a talented, experi- files as requested by the Senate Environ- Estrada answered these, and answered enced and exceptionally well-qualified nomi- ment and Public Works Committee, on the them fully. nee with strong and widespread bipartisan basis of the deliberative process, attorney- Here is what is unfair. If they don’t support. In fact, after an intensive investiga- client and work product privileges. In re- like the answers, as I have said, my tion, the American Bar Association found sponse, the Environment Committee, based Mr. Estrada to be unanimously well-quali- Democratic colleagues have a remedy; on its particularized concerns and allegation they can vote against him. That is fied for a judgeship on the District of Colum- of misconduct regarding one specific subject, bia Circuit. We sincerely hope that the Com- requested a small subset of documents re- their right. If that is what they want mittee and the Senate will approve Mr. lated only to that matter. Because of the to do, that is the proper exercise of Estrada’s nomination before the close of the specificity of the Environment Committee’s their constitutional duty. But to sim- 107th Congress. concerns, the White House permitted the ply deny the Senate a vote is unfair to Sincerely, Committee to review that limited subset of the nominee, unfair to this body, un- DANIEL J. BRYANT, materials, which answered the allegation in Assistant Attorney General. fair to the President, and unfair to a question. This example, if anything, further majority of Senators who want to vote demonstrates the overbreadth and impro- U.S. DEPARTMENT OF JUSTICE, for this man and exercise their con- priety of the current request—a request that OFFICE OF LEGISLATIVE AFFAIRS, some have characterized as a fishing expedi- stitutional duty under article II, sec- Washington, DC, Jan. 23, 2003. tion requesting all documents authored by tion 2. This is an abuse of the debate Hon. CHARLES E. SCHUMER, Mr. Estrada about all subjects during his en- privileges of this body. This is simply U.S. Senate, tire tenure in the Office. an abuse by the minority. It is nothing Washington, DC. DEAR SENATOR SCHUMER: I am responding Finally, we respectfully submit that, de- more than what some would call the to your letter dated January 23, 2003, in spite your view to the contrary, your request tyranny of the minority. It is the first which you once again requested that the De- threatens the proper functioning of the Of- time in the history of this country that partment disclose the confidential and privi- fice of the Solicitor General. All seven living an appeals court nominee has been fili- leged appeal, certiorari and amicus memo- former Solicitors General, including Archi- bustered. It is a doggone shame the randa that Miguel Estrada authored when he bald Cox, Drew Days, Walter Dellinger and first Hispanic ever nominated to the was a career lawyer in the Office of the So- Seth Waxman, have written to the Senate Circuit Court of Appeals of the District licitor General. You continue to insist that Judiciary Committee and explained the de- disclosure of this sensitive material is nec- bilitating impact your request would have on of Columbia happens to be the nominee essary to allow you adequately to address the ability of the Office to represent the here. This is against our constitutional Mr. Estrada’s nomination to the United United States in litigation. The letter—au- duty and against the spirit of what we States Court of Appeals for the District of thored by distinguished lawyers of both par- are elected to do. We are supposed to Columbia Circuit—a nomination that has ties—noted that their ‘‘decisionmaking proc- advise and consent. Consent means been pending for some 624 days. As you ess required the unbridled, open exchange of Senators can vote against or they can know, Mr. Estrada has received a unanimous ideas—an exchange that simply cannot take vote for. It doesn’t mean advise and fil- ‘‘well qualified’’ rating from the American place if attorneys have reason to fear that ibuster. It doesn’t mean advise and ob- Bar Association, the ABA’s highest rating. their private recommendations are not pri- We addressed fully the assertions made in vate at all, but vulnerable to public disclo- struct. your most recent correspondence in our pre- sure.’’ While we respect your right to dis- I will say it again. The Democrats vious letters to you dated June 5, 2002, and agree with these seven former Solicitors have asked their questions and they October 8, 2002 (attached herewith). Our pre- General, we must defer to their considered have gotten their answers. If they vious explanations remain equally applicable judgments about the impact of disclosure don’t like the answers, they can vote today, and we therefore must again respect- based on their collective experience of dec- against the nominee. But don’t con- fully decline your request. As we have ex- ades heading the Office. Thus, we respect- tinue to obstruct. It is simply not fair. plained, the relevant historical, policy and fully adhere to our previous decision to pro- legal considerations implicated by your re- Mr. President, I think any fair ob- tect these highly privileged documents from server who looks at the transcript of quest establish that disclosure of these disclosure. memoranda from the Office of Solicitor Gen- this hearing, and looks at those ques- eral would undermine the integrity of the de- Thank you for considering the Depart- tions and answers, will have to admit cision making process in that Office. Not- ment’s views on this matter. As we have he answered their questions. Admit- noted previously, the public record is more withstanding our previous letters, several tedly, I suspect he did not answer them specific items in your letter merit discus- than adequate for the Committee to evaluate sion. Mr. Estrada’s qualifications to be a Circuit the way they wanted him to. That is, At Mr. Estrada’s hearing, you asserted Judge on the D.C. Circuit. We look forward they could not dig up any dirt on him. that the Department disclosed memoranda to Mr. Estrada’s prompt consideration by the So what are they doing now? Trying to

VerDate Dec 13 2002 02:00 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\A12FE6.014 S12PT1 February 12, 2003 CONGRESSIONAL RECORD — SENATE S2263 see if, through a fishing expedition, RECORD because I presume they already forthright, and highly qualified can- they can find some documents where have. Every question was answered didate for judge. they can. That is offensive. To ask for fully and satisfactorily, as far as I am There was one other criticism I no- confidential, privileged documents concerned. ticed early on, but I have not heard it from the Solicitor General’s Office in I think one of them is especially in- recently, and that is he had no prior ju- spite of the warning of seven former teresting. It used to be there was not a dicial experience. Senator HATCH point- Solicitors General, four of whom are litmus test for judges. When President ed out the literally scores of Federal leading Democrat attorneys who vocif- Reagan was nominating judges, some judges who became a judge when they erously say you should not do that, people on the other side thought Presi- were a lawyer. Not everybody can be that would be very harmful and detri- dent Reagan was asking these nomi- born a judge, you see. First, you have mental to the process. They have ig- nees their opinions on how they might to be a lawyer, and then somebody has nored those recommendations. rule on a case. They said that was a lit- to appoint you judge. So not everybody Any fair observer who looks at these mus test and that would be wrong. has experience as a judge when they questions and answers will have to say They were wrong. He never had such a are asked to be a judge. he answered their questions, maybe not litmus test. But the committee has had Current members of the U.S. Su- the way they wanted him to, but he an- a question in its file ever since—and I preme Court, in fact, five out of the swered them as a deliberative person think even before then—that has been nine members of the DC Circuit Court would, and as most other nominees asked of every single nominee, and this of Appeals, the court to which Mr. have answered the same type of ques- is one of the questions to which Miguel Estrada is being nominated, were not tions. He answered them in a very in- Estrada responded. judges before they were nominated. telligent, worthwhile fashion. Let me read the question and his an- Mr. Estrada is a Hispanic lawyer. Are I yield the floor. swer. The question is: Has anyone in- we going to create a new bar for minor- The PRESIDING OFFICER (Mrs. volved in the process of selecting you ity lawyers? You have to be a judge be- DOLE). The Senator from Arizona. as a judicial nominee discussed with fore you can be elevated to the next Mr. KYL. I thank the Chair. you any specific case, legal issue, or level of the court? Not very many mi- Madam President, I wish to expand question in a manner that could rea- nority lawyers have been appointed or on what the Senator from Utah was sonably be interpreted as asking you nominated as judges. President Bush is just talking about. To put this in con- how you would rule on such case, issue, nominating a lot of them, that is true, but they are not judges now; they are text, I remind my colleagues we are or question? If so, please explain fully. talking about the nomination of a very Answer: No. lawyers. Are we going to create a bar distinguished lawyer, Miguel Estrada, Mr. President, that is just about all that says if you are not already a by President Bush to serve on the DC he got in the hearing by the members judge, you cannot become a judge in Circuit Court of Appeals. of the other side of the aisle in the Ju- the next level of the court? I do not want to see us setting a glass There have been two primary objec- diciary Committee on how he would ceiling for minorities just because not tions recently raised by Members of rule and what he felt about certain spe- as many of them have gotten to be the other side of the aisle to this nomi- cific cases, legal issues, or questions. judges. I think that is a very per- nation. The first includes a recitation Specific cases were mentioned by nicious argument made with respect to of a long list of nominees of previous name. Specific hypothetical questions Miguel Estrada. Five of the nine mem- Presidents—I presume primarily Presi- were asked of him. Apparently, it is bers of the court were not judges before dent Clinton—who allegedly were not not OK for the President to find out they were nominated to serve. Why considered by the Republicans. I do not how a candidate might feel about an does it matter with respect to Miguel have the information. It has not been issue, but Senators, by golly, we have Estrada? I did not hear arguments given to me, so I cannot vouch for its the right and, in fact, it is so impor- made from the other side with respect authenticity. But if that is the basis tant to us, or to some of the body, that to those nominees, so why with regard for denying a vote to Mr. Estrada, then we are going to deny a nominee a vote to Miguel Estrada? It is not right. it is nothing more than retribution or even; we are going to deny the other I quoted yesterday, when the Senator spite. Senators to have the opportunity to from Vermont was on the floor, his I cannot believe that is the motiva- vote yes or no if we did not like the own words, so I feel it appropriate to tion of any of my colleagues on the way he answered one of those ques- mention them again. He himself, the other side. I refuse to believe that. So tions. former chairman, now ranking mem- of what relevance is it that in previous Senator HATCH is right; it is not that ber, of the Judiciary Committee said Congresses some other President’s he did not answer the questions. It is what many of the other leaders on the nominee was or was not given a vote? that some people did not like his an- other side of the aisle have said: That What is the relevance to this indi- swers to the questions. If so, vote no, filibustering a judge is wrong. And the vidual, Miguel Estrada, who, by every- but do not deny everyone else the op- Senator from Vermont said he would one’s admission, is an extraordinarily portunity to vote, and that is what is oppose—strongly oppose, I believe were well qualified lawyer? It has no rel- going on here. It is called a filibuster. his words—any filibuster of a judge re- evance at all. Our friends on the Democratic side gardless of whether he supported the The other line of thought is that he have acknowledged that is exactly nominee. You can always vote yes or has not answered questions, and that is what they are engaged in: a filibuster no, but you should at least vote to in- what Senator HATCH was just talking of a judge. That is fundamentally voke cloture. about. He answered every question that wrong. It destroys the comity between Madam President, I will give you an was asked of him. He was in a hearing the three branches of Government. It example. Twice I voted to invoke clo- from 10:06 a.m. until 5:25 p.m. There seeks to modify the majority vote con- ture so we could come to a vote on two were other candidates on the panel firmation process to an extra-majority of President Clinton’s nominees. I sup- with him, but hardly any questions requirement. It is going to poison the ported one; I opposed the other. That is were asked of them. Almost all of the consideration of nominees of every our right. I have good reasons for op- questions were asked of Miguel President from here on, Democrat or posing the judge I opposed, but I be- Estrada. He answered them all, until Republican. This is one of those issues lieved my colleagues needed or had the there were not any more to be asked. which, when once let out, you can right to vote on both of the candidates, Then there was the questionnaire. never bring back; the horse will have and so I voted for cloture in both cases. Senator HATCH noted the questions been out of the barn. That is the same point the Senator that have been asked by Senators in Never in the history of the Senate from Vermont made earlier: That we writing, in addition to the others. has a partisan filibuster succeeded in should vote for cloture and have an up- There was the questionnaire from the preventing the confirmation of a judge. or-down vote. Judiciary Committee with 25 pages of That is what is at stake here. Of I will later bring to the floor the lit- answers. They are all right here. I will course, also at stake is the confirma- erally scores of statements by my col- not suggest they be printed in the tion of a very decent, very fine, very leagues on the other side of the aisle

VerDate Dec 13 2002 02:00 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\G12FE6.066 S12PT1 S2264 CONGRESSIONAL RECORD — SENATE February 12, 2003 over the years who have made the Would that be right? No, it really That is the office in which Miguel point over and over that filibustering a would not. Much as I would like to see Estrada was working. judge is wrong, that they would oppose what kind of advice they are getting, If we ever get to the point where the it regardless of how they felt about the that would not be right. decisions made by the Solicitor Gen- nominee, and that they would vote to What about someday when very high- eral, based upon the advice from the invoke cloture. ly qualified staff of some of our col- lawyers that work for him, do not rep- What has changed with Miguel leagues on the other side of the aisle resent the best objective advice, do not Estrada? Why is he different? Why all are going to be nominated for the represent the best truth and the proper of a sudden has their strongly held court? That happens actually fairly reading of the law as they can bring opinion, which was expressed before, frequently. Staff of the Judiciary Com- forth but, rather, now must take into changed? It is not that my colleagues mittee have been nominated to various consideration political considerations are not consistent. Obviously, they courts. In fact, one of them serves no that arise from the fact that these want to be consistent. So it must be less than on the U.S. Supreme Court. memos and this advice would be dis- something else. It must be that in this How about asking for the memos that closed publicly, the Solicitor General nominee they see something very bad. he sent to his boss advising his boss on is no longer going to be deemed the They must see a reason why we should various issues prior to his confirma- ‘‘tenth Justice.’’ not even be allowed to vote on the tion? What would we get there? I think The Government is no longer going nominee. It is so bad with Miguel we would get pushed back by Members to be solicited for its advice to the Estrada that they are not willing to saying, wait a minute, I was asking for Court on these important matters be- put it to a vote. They have to prevent his personal advice. I was asking for cause the consideration would be, well, the vote from occurring. his judgment. I was not asking him for what did they have to consider politi- What is it about Miguel Estrada that what he necessarily believed person- cally since the whole world is going to is so dangerous or so bad? If my col- ally, and what he told me cannot be read these memos and is going to know leagues say it is not about Miguel taken as something he personally be- what the advice was that was given. It Estrada, it is the process, he would not lieved but rather what he thought was does not work that way. It cannot. answer the questions, Senator HATCH the best advice for me on this par- That is why it would be wrong. and I have already responded to that. ticular issue. That is why our employ- Many of my colleagues on the other He answered every question he was ees are protected from having to dis- side know that it would be wrong. They asked. Any more questions? close all of the information they give know they are never going to get the As Senator HATCH said, the problem us as their best judgment on different memos. They know they should not get is they do not necessarily like all the issues, because we are not asking them the memoranda. But because they can answers. That is their right. We do not necessarily what they believe in their ask for it knowing that it is not going all agree with each other. That is why head or their heart. We are asking to come, they have an excuse to be able we have votes and the majority wins. them for what the law is on this, what to say, gee, we do not have all the in- I get back to the question, Why is it their recommendation is as to what I formation we need. different with Miguel Estrada? There should do on this, knowing my views, I do not think that is the motivation were 30 questions asked in the hearing not theirs. of any of my colleagues on the other that was held, and he answered them So to ask a young lawyer in the So- side of the aisle because I think they all. Maybe they did not like the an- licitor General’s Office to disclose all realize this is not something that his- swers. So vote no. But why would the of the advice that he gave his bosses is torically has been requested and should other side deny the right of the Sen- nothing more than an unprecedented be requested. ators to cast a vote on the nominee? fishing expedition. At the end of the day, the American I ask my colleagues on the other side So when you parse out all of the dif- people are going to look at this and of the aisle, is this the precedent that ferent objections to Miguel Estrada, it wonder what is going on, what is this they want to create? When they seek all boils down to abstract process and, all about. Why will a minority of the to have one of their staff members from some of the outside groups any- Senate not agree to let the others nominated to a high court, do they ex- way, retribution. It has nothing to do vote? Is it because the candidate is not pect to see a request for all of the with his qualifications. It seems to me well qualified? No. This candidate had memos that this staff person gave to that common decency and fairness the highest rating that the American them because they just might be useful would cause each one of the 100 of us to Bar Association can give a candidate. in opposing the nomination? Maybe he look deep within ourselves and say Is it that he does not have any expe- said something that we could pick maybe we vote yes, maybe we vote no rience? No. He is one of the most expe- apart somehow or another. on his nomination, but we should not rienced lawyers in the country. In fact, That is what is going on, and that is deny him a vote. That is partisanship he has argued at least 15 cases to the why four Democratic Solicitors Gen- and negativity and obstructionism that U.S. Supreme Court. I practiced law for eral and three Republican Solicitors is not worthy of the Senate. So we 20 years and only went to the Supreme General, those who are living today, all should not do that. Court three times, which is pretty wrote a letter unanimously saying this We should agree to let this nominee good. Most lawyers never get there. should not be done and all of them be voted on, cast the vote we believe is Fifteen times he has argued cases. would have recommended against it. appropriate, and then move on with the He answered every question that was I happened to work for one of the So- Nation’s business. At a time when we asked of him. He has been strongly rec- licitors General who is no longer alive. may well be on the brink of engaging ommended by members of the bench One of the things he told me over and in military conflict, and the President and bar all over the country, Demo- over again was that this is an office has a great many issues on his agenda crats and Republicans, including mem- considered by some to be the tenth to deal with in that regard, I think it bers of the former Democratic adminis- Justice on the Court. The Solicitor is unseemly for the Senate to be hold- tration. General is literally almost a member of ing up, filibustering, one of his highly There has been a question raised the Court in a sense because of the ob- qualified nominees to the DC Circuit about when he was an Assistant Solic- jectivity and forthrightness with which Court of Appeals. itor General and was providing advice he or she represents the views of the As the Senator from Nevada said ear- to his seniors, should his confidential Government before the Court. lier today, everything has been said, it memos be released to the public? For The Court often solicits a brief from is just that everybody has not said it. the first time, our colleagues on the the Solicitor General saying, we have Fine. Come on down and say it so we other side say, oh, yes, we want to see heard from both sides in this case but can get on with the vote, confirm all of that. we would like to hear from the lawyer Judge Miguel Estrada, and move on Now, I would kind of like to see the for the Government, the Solicitor Gen- with the Nation’s business. staff memos going to the Senators on eral, who is supposed to be a very hon- The PRESIDING OFFICER. The the other side. Would that be fair? est, forthright, and objective person. Democratic whip.

VerDate Dec 13 2002 02:00 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\G12FE6.068 S12PT1 February 12, 2003 CONGRESSIONAL RECORD — SENATE S2265 Mr. REID. Madam President, if this ating a nominee to the Senate—not to This man, Fred Fielding, was the per- were a matter of retribution, it would the American Bar Association. In addi- son who gave Estrada the recommenda- have started a long time ago. tion, if you look at the ABA process, it tion while he was doing this. He was Senator DASCHLE came to the floor is far from perfect. The ABA delegates forming a committee he calls Com- after we took the majority in the Sen- the review of potential nominees to one mittee for Justice, with Boyden Gray, ate and said that as it related to judi- individual member of the ABA com- another partisan Republican, and the cial nominations this was not payback mittee for each circuit. In effect, these purpose was to pack the bench with time; we were not going to treat the nominations that the President gives right-wing conservative judges. They then-minority, the Republicans, as we us, no matter what party, go to one also raised money so that if someone were treated when we were in the mi- lawyer in the ABA, and that lawyer disagreed with them, they would run nority. To show that we were true to makes a recommendation. The ABA ads and intimidate them into agreeing our word, we approved 100 nominees delegates that review to one individual with them. It does call into question during the short time we had the ma- who nominates each nominee and ap- whether someone so heavily steeped in jority of the Senate. points to the ABA a recommended rat- partisan activities can objectively and I read into the RECORD earlier today ing of that nominee’s qualifications. impartially evaluate the qualifications the scores of judicial nominees who did In this instance, a man by the name of the nominees of the second highest not receive hearings, who waited and of Fred Fielding was in charge of evalu- court in the land. never got a vote on their nominations. ating potential nominees for the DC The Senate is not privy to Mr. They are out practicing law someplace. Circuit at the time Miguel Estrada was Estrada’s ABA report, and we have no This is not retribution. under consideration by the White way to evaluate how Mr. Fielding ar- Madam President, once in a while I House. In this role, Mr. Fielding was in rived at his recommendation, but I try to come up with something that charge of evaluating Mr. Estrada’s think at the very least his partisan ac- has not been said on the Senate floor qualification and was in charge of rec- tivities at the time he was charged during the last several days. My friend ommending a rating to the ABA. He with independently evaluating Mr. from Arizona said: Everything has been recommended well-qualified. The ABA Estrada create the appearance of a con- said, but not everyone has said it. I places heavy reliance upon the rec- flict of interest and should embarrass have come up with something that has ommendation of people such as Mr. the American Bar Association. not been said, in response to what my Fielding and approved Fielding’s rec- People expect the ABA reviews to be friend from Utah and others have said ommendation unanimously. conducted by independent, nonpartisan about this ABA rating that Estrada There have been some concerns about individuals, not by partisans who are has. The Republicans thought so much how this ABA process works and how it the President’s foot soldiers in the ef- of the ABA rating that when they had will work in this case. In this case, Mr. fort to pack the Federal courts. The the majority, they decided to do away Fielding, at the same time he was eval- circumstances of Estrada’s ABA eval- with it. But now they have decided it is uating DC Circuit Court nominees such uation are very serious—very serious. a good thing. as Miguel Estrada, continued to be These circumstances underscore the It is true, Estrada received a well- heavily involved in partisan politics. need for the Senate to independently qualified rating from the American Bar He was counsel to the Republican Na- evaluate Mr. Estrada’s record. Association. I think everyone acknowl- tional Committee for the Republican It would be somewhat shallow for edges that the ABA should not com- National Convention of 2000 and served people to say that this man, Fielding, pletely supplant the Senate’s role. on the Bush-Cheney transition team in who evaluated this judge to be, was fair Those on the other side have indicated 2000. At the same time he was serving and independent. I said the ABA should the ABA rating of Mr. Estrada should on the ABA committee that evaluated be embarrassed. What we are talking be afforded great weight. I think it DC nominees, Mr. Fielding cofounded, about here is Estrada. This has made should be afforded some weight. Some with C. Boyden Gray, something called an independent review impossible. I am have implied it should take the ABA’s the Committee for Justice. not willing to delegate my constitu- word for it when it comes to Estrada We all know C. Boyden Gray has been tional duty to Mr. Fielding, the co- and simply limit our role in reviewing a long-time, very partisan Republican. founder of a group designed to attack his record because he got a well-quali- There is nothing wrong with that. But Members of this body who do not agree fied rating from the ABA. that is a fact of life. This organization The American Bar Association rating was founded to help the White House with him. is a useful tool for the Senate. But that with the public relations effort to pack Earlier today, I had a chart here that is all it is, a tool. It is not a replace- the Federal bench with extreme judges. outlined Mr. Estrada’s assistance to ment for the Senate exercising its own They also founded it to run ads to in- this body so we could come up with an- independent judgment regarding a timidate Democrats from exercising swers to Judiciary Committee ques- nominee’s suitability for the second their constitutional duty to scrutinize tions. Some people called in and said highest court in the land. There are the President’s judicial nominees. Ads the chart was small and they could not good reasons for that. The best reason are now run to that effect, saying Sen- read it. I want to make sure they can is the Constitution, Mr. President. ate Democrats are really bad. The ads read this chart. It is titled ‘‘Miguel I am sorry, I referred to the Pre- are paid for by the Committee for Jus- Estrada’s answers to the Judiciary siding Officer as a ‘‘Mister.’’ I have the tice, which is this front that has been Committee’s questions.’’ Here are his greatest respect for the Senator from established by Fred Fielding and answers. North Carolina, having one of the most Boyden Gray. Their ads label Members There weren’t any. Those from the distinguished records of any Senator of this Chamber as ‘‘liberal extremists’’ other side can come here and talk and who has come to the Senate, having and ‘‘anti-Hispanic’’ even though the show us visual aids about all the an- served in so many different Cabinet po- Hispanic Caucus has said Miguel swers given to this committee that fill sitions that they are difficult to name; Estrada should not be placed in the DC volumes when, in fact, as Senator DUR- and, in addition, the highly visible role Circuit. BIN so well described, his answers were the Senator from North Carolina has These ads run by this organization evasive. held in different administrations. She that is led by Fielding and Gray are Mr. Estrada, give us the name of a Su- has been head of one of the greatest or- unfortunate. It is a right that Fielding preme Court Justice that you would like to ganizations in the history of the world, and Gray have to engage in these ac- be. the American Red Cross. I know who is tivities to mislead the American peo- I don’t have an opinion. presiding, and I was just reading from ple. They have that right. But it does Give us a case you disagree with. my notes and apologize for referring to call into question whether someone so I don’t have an opinion. the Senator as ‘‘Mr. President.’’ heavily steeped in partisan activities These were his answers to the Judici- The best reason we do not agree with can objectively and impartially evalu- ary Committee’s questions. the majority is the Constitution. The ate nominees’ qualifications to the sec- I had some other charts here, and Constitution assigns the role of evalu- ond highest court in the land. they said the writing was too small.

VerDate Dec 13 2002 02:41 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\G12FE6.077 S12PT1 S2266 CONGRESSIONAL RECORD — SENATE February 12, 2003 Here is one about Miguel Estrada’s him answer questions? Or he could do House of Representatives said is a real- legal memoranda. Here is the informa- something that is done a lot around ly bad idea. tion we have regarding Miguel here: File cloture. See if he can stop We can talk about a lot of things. Estrada’s legal memoranda. The writ- the debate. This is the Senate rules. We do not ing this morning was too small. But As I have said before, we are in har- have to talk about Miguel Estrada. I here is what it says: mony over here. We believe what we said to everyone yesterday and I have Miguel Estrada’s legal memoranda. are doing is principled and right. No said it today, everything has been said matter how many times the other side Here is what we have: Nothing. about Miguel Estrada, for and against My friend from Arizona said this says there is no problem, all they have him. But not everyone has said it. So to do is see what is going on here. would be chilling; why would we want we can be here, we can continue re- There is a problem. If they want to re- to set a precedent like this? hashing Miguel Estrada. solve that problem, all the cards are in It has been set in the past. We have But the President said—I think I am their hands and they can decide how had Chief Justice Rehnquist, for begin- quoting almost verbatim when he was they want to handle it. Otherwise, if ners. When he came before this body told there is a filibuster—the game is they want us to stay here, we will stay and we wanted to look at a memo, we over. in quorum calls or we will talk. got it. I don’t have all the names here, I don’t know what that means. That I have suggested to some of the Sen- is a term he used a lot. He said the but we know Civiletti and Roberts and ators here if we get past the morning others—it has happened on other occa- game is over in Iraq. The game is over hour when we have to be fairly ger- on Estrada. This is not a game; this is sions. This is no dangerous, misleading, mane to what is being talked about, I scary precedent. something we are doing based upon think it would be an excellent time, as principle. We have, by virtue of the Constitu- the Senator from West Virginia did tion of the United States, an obligation I think, for the good of the country, yesterday, I think we should have a lit- unless they are going to give us the in- to make sure that we advise and con- tle discussion about what is going on in sent to the nomination of the Presi- formation we want, this nomination the world. We are very close to going should be pulled. Then we can get on to dent. Article II, section 2, says that is to war. That is what I am told. I think our obligation, and that is what we are other things that I think are very it would be very important to the peo- pressing that we should get on to. doing. We have an obligation that is in ple of Nevada to have a discussion the depths of the Constitution to do I want to make sure I was right. I about that. I think we are going to win want to make sure I said this right. just that. the war, but are we going to win the If they, the majority, believe this peace in Iraq? That should be a subject. Senate Judiciary Committee Chairman man is as good as they say he is, let us Orrin Hatch . . . scoffed the Democrats’ de- If they want to keep us here all week- mand for more information about Estrada. share in the information, let us look at end, we could talk about that at some his legal memoranda, and let us also length. I said the President said: The game is have him answer questions. Mr. BYRD. Madam President, will over. You would think we would want to the Senator yield? Senator HATCH said that. He is know, as part of our constitutional du- Mr. REID. I am happy to yield for a quoting what the President said on ties, what a person’s legal philosophy question without losing the floor. other things. is. As the Senator from Illinois, Mr. Mr. BYRD. Are we likely to be in ses- That game is over. DURBIN, and I this morning indicated in sion this weekend? The game is over—this is not a game. an exchange, Mr. DURBIN, the distin- Mr. REID. That is a decision they This is not something that was arrived guished Senator from Illinois, the sen- have to make. I am just reading from at in a short period of time. In fact, the ior Senator from Illinois, he said to one of the publications. One of the Re- Democratic leader waited a number of Miguel Estrada: Give us the name of a publican leaders said they are really days before the decision was made, case in the Supreme Court that you going to get us on this. They are not after he conferred literally with every disagreed with. filing cloture, but what they are going Democratic Senator about how he felt As Senator DURBIN and I said: You to do is talk all night tonight and all about this. This is not an arbitrary de- know, we have been to law school. I night tomorrow night, to get a vote on cision made by the Democratic leader. will bet it is not too hard of a press to the Estrada nomination by the week- This is a decision made by Senator come up with a case about which you end. DASCHLE after having conferred with think the U.S. Supreme Court was Let me just say to everyone within every Democratic Senator, on more the sound of my voice, that will not get wrong. How about Dred Scott? Maybe than one occasion in most instances. them a vote on Estrada. We have told Dred Scott was wrong. That is what the body over here desired Not him. He wouldn’t tell us. No. them what we believe is appropriate. People may disagree with us. This is to do, and that is what we are doing. I have no opinion on that. the Senate. We have certain rules. We We hope everyone understands this is Miguel Estrada’s legal philosophy— are not dealing from under the deck. not a game. We are very serious about that is it. And because that is it, this We are not holding any cards up our what we are doing. We believe what we blank, we are going to make a deci- sleeves. We have said openly what we are doing is principled. sion? No. are doing. We are not going to allow a I suggest the absence of a quorum. The majority leader is the one here vote on this until we get the informa- The PRESIDING OFFICER. The who has to make a decision. He can go tion we want. So it is up to them. If clerk will call the roll. on like we are today, tonight, tomor- they want to threaten us, we could The legislative clerk proceeded to row. In fact, I read in a publication also—we could talk about the war, as call the roll. here that one of the Republican leaders the distinguished Senator from West Mr. BYRD. Madam President, I ask says: Virginia did yesterday. unanimous consent that the order for If [Democrats] want to stay through the I think it is also important to think the quorum call be rescinded. weekend, we’ll stay through the weekend. about this economic plan that has been The PRESIDING OFFICER. Without Boy, is that a threat that just chills suggested, the one the President has objection, it is so ordered. me. We may have to work here over the put forward that the Chairman of the TRIBUTE TO JOE MEADOWS weekend? That would be terrible. Is Federal Reserve says is not a good Mr. BYRD. Madam President, this that supposed to take away our con- plan. The chairman of the Ways and past Saturday my longtime, good stitutional duties, because they are Means Committee in the House says it friend, and former staff member, Joe going to make us work? I work wheth- is not a good plan. We could talk and Meadows, passed away. er I work here or go home. elaborate on how some of the Repub- Joe Meadows was a dedicated, hard- The leader has to make a choice: Are licans feel about their own plan. That working, conscientious, sincere, and they going to pull this nomination or would take a little bit of time. loyal individual. As the mail clerk in do they think enough of this man to We could talk about the President’s my office in the Hart Building, he man- give us his legal memoranda and have Medicare fix, which the Speaker of the aged the mailroom for me. He did his

VerDate Dec 13 2002 02:00 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\G12FE6.080 S12PT1 February 12, 2003 CONGRESSIONAL RECORD — SENATE S2267 job effectively and efficiently. And ev- But Joe Meadows could do anything not had a happier moment in a long eryone else on the staff liked him. that Arthur Smith could do, and bet- time. And I very much appreciate the One couldn’t help but like Joe Mead- ter. stories he is telling. I was going to say, ows. From time to time, when I went The Grand Ole Opry, that is all we I guess we all ought to take this up, be- into his section of the office, I would had in those days. On Saturday nights cause 65 years of marriage to Erma— find Joe Meadows with a handful of pa- we would square dance and listen to and we all hope and pray she is in good pers, letters, correspondence, and files the Grand Ole Opry. There was the health again; and I hope she is—is in one hand. And with his glasses down Fruit Jar Drinkers. That was kind of a something we should all pay very good over his nose, he would look up over lousy band. I probably shouldn’t say attention to. his glasses. that. But I did not think as much of Now, I don’t know, these days, if the He was a wonderful man. He rarely the Fruit Jar Drinkers as I did the young ladies will just accept bubble talked about it, this quiet, soft-spoken, Dixieliners, by any means. And Roy gum. You might have to do a little hard-working, unassuming man. He Acuff used to sing ‘‘That Great Speck- more than that, maybe a whole basket was also one of the best country fiddle led Bird’’ Saturday nights. Saturday of candy or something. But it is good players in the United States. He was a nights, 1934. for us to know. bluegrass musician, born in a small I graduated from high school in 1934. I did not want to interrupt my col- coal town in southern West Virginia, I liked a pretty, pretty girl, too. She league. I just, in terms of the sched- on the last day of 1934. was not in my class. She was in the uling, ask if it might be all right to ask Joe never learned to read a note of next class behind me, and she was the unanimous consent that after the Sen- music. daughter of a coal miner. And that coal ator from West Virginia is finished I be Does the distinguished Senator from miner played a fiddle. His name was recognized for the time that I might New York have memories concerning Fred James. need. the year 1934? I took a liking to that daughter of The PRESIDING OFFICER. Is there Mr. SCHUMER. Madam President, I the coal miner. And I tell you, you objection? appreciate the Senator yielding. I say young ladies, and young men as well, Without objection, it is so ordered. to the Senator, my memories are those who are pages here, I tell you how I Mr. SCHUMER. Madam President, if my parents told me. courted my girl, my sweetheart, how I I may continue, I try to remember Mr. BYRD. Well, the Senator, I take won her hand in marriage. great speeches. One of the best speech- it, was not around in 1934? There was another boy in my class at es I ever heard was made by our col- Mr. SCHUMER. I was not. Mark Twain High School in 1934. His league from West Virginia when he Mr. BYRD. OK. Well, I was a high came to the floor, it must have been school senior in 1934. I graduated that name was Julius Takach. His father had a grocery store at Ury, what we about a year and a half ago, and year. And we were hearing talk, in talked, with as much love as he has for those days, about a gadget that would called Cooktown, about 3 miles south of Stotesbury where I lived. And Julius his employee who has passed and al- allow one to see a person as that per- most as much love as for his wife, son spoke or would allow one to see a Takach would, every morning, come to school with his pockets filled with that about the beauties of coming to West person who played the violin as the Virginia on a vacation. It was one of violin was being played. That was a few candy and chewing gum, bubble gum, and so on, from his father’s store. the finest, nicest speeches I ever heard. years right after the invention of the I will never forget it, and I think this television. Television was invented in Now, I tell you, I made it my busi- ness to be the first to greet Julius at one is going to be just as memorable. I 1926. And so I am talking about 1934, look forward to hearing my friend con- just 8 years after television was in- the schoolhouse door upon his arrival every day because he would give me tinue. I thank him for his courtesy. vented. Eight years after television Mr. BYRD. Madam President, I was invented, 1934. some of that candy and chewing gum. I tell you, it was something to be thank the distinguished senior Senator Oh, we heard about this gadget, as I from New York for his observations. I say. It was coming and would be on the able to present your girl, your sweet- heart, a piece of bubble gum. And I am very grateful to him. market in a few years. My, what a Like many lads in southern West Vir- never let her know that I did not buy change that made. 1934; well, the last ginia, including myself, Joe Meadows that, I did not purchase that gum or day of 1934, Joe Meadows was born. He grew up listening to the Grand Ole candy. I did not let her know it was never learned to read a sheet of music, Opry on radio—that was back in the given to me, but it was given to me by but he could really play it. He could days of the Great Depression—as well make that fiddle cry. He could make it Julius Takach. as ‘‘Farm and Fun Time’’ and other I would meet her when the classes scream. He did have neighbors and a fa- radio programs that featured country changed, and I would give her that ther who played the fiddle. and bluegrass music. And Joe Meadows candy and chewing gum. Boy, what a He had an extraordinary gift for absorbed it all. His ear was fixed on hit I thought I was, giving that pretty music: Joe Meadows from the hills of and naturally attuned to the fiddle southern West Virginia. He is one of girl that candy and chewing gum. Well, now, 65 years and almost 9 playing. Joe listened. Joe learned. And the finest bluegrass musicians I ever later, Joe performed what he had months after I married that pretty heard. Like many lads in southern heard. At the age of 16, Joe Meadows girl, I am here to tell these young men West Virginia, including myself, Joe began performing with Melvin and Ray, who are pages, that is the way you Meadows grew up listening to the the Goins Brothers, and from there he court your girl, with another boy’s Grand Ole Opry on the radio. The went on to tour with and recorded with Grand Ole Opry, I can remember the bubble gum. Mr. SCHUMER. Will my friend and the greatest names in country and times when that was all we had to lis- leader from West Virginia yield? bluegrass music including Jim and ten to on Saturday night—the Grand Mr. BYRD. Yes. Jesse, the Stanley Brothers, and the Ole Opry. Will the CONGRESSIONAL RECORD legendary Bill Monroe and his Blue Yes, I can remember the Solemn Old please note that there was laughter. Grass Boys. Judge and Deford Bailey. Deford Bailey The PRESIDING OFFICER. The Sen- Joe Meadows’ musical career in- played that harmonica. Oh, he could ator from New York. cluded 25 years on the road as a profes- make that harmonica scream. He could Mr. BYRD. Would the reporter kindly sional fiddle player and a 7-year run at make that harmonica play ‘‘Freight note there was laughter again in the the Grand Ole Opry. He had toured Eu- Train Blues,’’ Deford Bailey. And there CONGRESSIONAL RECORD. We have to rope four times and Japan once where was Sam and Kirk McGee. There was make that CONGRESSIONAL RECORD he was incredibly well received. Before Arthur Smith and His Dixieliners: come alive. I stopped playing the fiddle, Joe Mead- ‘‘Going on down that Dixie line, walk- Mr. SCHUMER. My colleague from ows and I would sometimes sit down on ing in my sleep’’—Arthur Smith and West Virginia, if he might yield—— weekends and play our fiddles together. His Dixieliners. He played ‘‘The Mock- Mr. BYRD. Yes. We usually taped our sessions, and ingbird.’’ He could make that mocking- Mr. SCHUMER. Is making everything then we listened to our recordings to- bird sing on that violin. come alive in this Chamber. We have gether to see how we could improve our

VerDate Dec 13 2002 02:10 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\G12FE6.083 S12PT1 S2268 CONGRESSIONAL RECORD — SENATE February 12, 2003 playing. Well, he couldn’t improve his We stand passively mute in the Sen- it our way, we will just brush you to playing much, but I had plenty of room ate today, paralyzed by our own uncer- the side. to improve my own. I always hoped to tainty, seemingly stunned by the sheer Do we fail to think about a possible be as smooth in handling that bow, turmoil of events. Only on the editorial moment down the road, a bit further that fiddle bow as Joe was. He had pages of some of our newspapers is on, when we may wish to have Ger- complete control of that fiddle bow. I there much substantive discussion con- many and France working with us and don’t think I ever got there, but he cerning the prudence or the impru- thinking with us, standing with us, be- never stopped trying to help me. dence of engaging in this particular cause there is a larger specter, at least Joe Meadows was not only naturally war. I can imagine hearing the walls of in my mind, looming behind the spec- endowed with a strong and supple bow this Chamber ring just before the great ter of Saddam Hussein and Iraq. There arm, the good Lord blessed him with a war between the States, a war that looms a larger specter, that of North great pair of fiddler hands. tore this Nation asunder and out of Korea, which has one or two nuclear I never have had the pleasure to ob- which the great State of West Virginia weapons now, and others within reach serve anyone whom I liked to listen to was born. within a few weeks. So there are huge better than I liked Joe Meadows. He But today we hear nothing, almost cracks, I say, emerging in our time- had nimble, quick fingers, and he used nothing, by way of debate. This is no honored alliances, and U.S. intentions them beautifully. small conflagration that we con- are suddenly subject to damaging The bluegrass and mountain music template. It is not going to be a video worldwide speculation. and old-time fiddling world has lost a game. It may last a day or 6 days. God Anti-Americanism based on mistrust, great musician. I have lost a good misinformation, suspicion, and alarm- friend. West Virginia has lost a good created Earth, and man, the stars, the planets, and the Moon in 6 days. This ing rhetoric from U.S. leaders is frac- and gracious son. turing the once solid alliance against My wife Erma and I extend our deep- war may last 6 days. It may last 6 weeks. It could last longer. This is no global terrorism which existed after est condolences to Joe Meadows’ fam- September 11, 2001. ily and to his many friends. small conflagration that we con- template. This is no simple attempt to Here at home, people are warned of Let fate do her worst. imminent terrorist attacks, with little There are relics of joy, defang a villain. No, this coming bat- tle, if it materializes, represents a guidance as to when or where such at- Bright dreams of the past tacks might occur. Family members turning point in U.S. foreign policy and That she cannot destroy. are being called to active duty, with no possibly a turning point in the recent They come in the nighttime idea of the duration of their stay away history of the world. Of sorrow and care, from their hearthside, away from their And bring back the features This Nation is about to embark upon That joy used to wear. the first test of a revolutionary doc- homes, away from their loved ones, with no idea of the duration of their Long, long be my heart trine applied in an extraordinary way, With such memories filled, at an unfortunate time—the doctrine stay or what horrors they may have to Like the vase in which roses of preemption, no small matter—the face, perhaps in the near future. Com- munities are being left with less than Have once been distilled. idea that the United States or any adequate police and fire protection, You may break, you may shatter other nation can legitimately attack a while we are being told that a terrorist The vase, if you will, nation that is not imminently threat- attack may be imminent. What about But the scent of the roses ening but which may be threatening in Will hang, ’round it still. those communities like little Sophia, the future. ON THE BRINK OF WAR The idea that the United States may WV? Mr. DURBIN. Will the Senator yield Mr. BYRD. Madam President, to con- attack a sovereign government because template war is to think about the for a question? of a dislike for a particular regime is a Mr. BYRD. Yes, I am happy to yield. most horrible of human experience. On radical, new twist on the traditional this February day, as this Nation Mr. DURBIN. I am happy the Senator idea of self-defense. It appears to be in stands at the brink of battle, every has taken the floor today. We have contravention of international law and American on some level must be con- spent most of our time discussing other the U.N. Charter. And it is being tested templating the horrors of war. matters. But this is a critically impor- My wife says to me at night: Do you at a time of worldwide terrorism, mak- tant matter in West Virginia and Illi- think we ought to get some of those ing many countries around the globe nois. large bottles, the large jugs, and fill wonder if they will soon be on our hit I ask the Senator, as a matter of them with water? She says: Go up to list, or some other nation’s hit list. record, if he would kindly recount, the attic and see if we don’t have two High-level administration figures re- since September 11, the efforts he has or three there. I believe we have two or cently refused to take nuclear weapons personally made, as well as speaking three there. off the table when discussing a possible on behalf of this side of the aisle in the And so I went up to the attic last attack on Iraq. What could be more de- caucus, to try to bring together the evening and came back to report to her stabilizing? What could be more world necessary resources and funds so that that, no, we didn’t have any large jugs shattering? What could be more future we can be prepared to deal with acts of of water, but we had some small ones, shattering? What could be more unwise terrorism against the United States. perhaps some gallon jugs filled with than this kind of uncertainty, particu- We were just alerted this weekend that water. And she talked about buying up larly in a world where globalism has we were on something called the or- a few things, groceries and canned tied the vital economic and security in- ange alert. The Senator noted that his goods to put away. terests of so many nations so closely wife asked what does this mean in I would suspect that kind of con- together? terms of water and protecting our fam- versation is going on in many towns There are huge cracks emerging in ilies and our houses. across this great, broad land of ours. our time-honored alliances. One won- Would the Senator be kind enough to And yet this Chamber is for the most ders what is going to happen, and about tell us for the record, as we reflect on part ominously, dreadfully silent. You what is happening to the United Na- whether we are prepared to deal with can hear a pin drop. Listen. You can tions. One should pause to reflect on terrorism, what we have tried to do— hear a pin drop. There is no debate. what is happening there at the United unsuccessfully—since September 11 to There is no discussion. There is no at- Nations, formed 54 years ago. And we respond to this challenge? tempt to lay out for the Nation the say: If you are not with us, you are Mr. BYRD. Madam President, I pros and cons of this particular war. against us. That is a pretty hard rule thank the very able and distinguished There is nothing. to lay down to the United Nations. If Senator from Illinois who is a graduate What would Gunning Bedford of Dela- you are not with us, you are against us. of the other body where I believe he ware think about it? What would John If you don’t see it our way, take the served on the Appropriations Com- Dickinson of Delaware think about it? highway. We say to Germany and we mittee. What would George Read think about say to France—both of whom have been He serves on the Senate Appropria- it? What would they say? around longer than we—if you don’t see tions Committee. I need only respond

VerDate Dec 13 2002 02:41 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\G12FE6.086 S12PT1 February 12, 2003 CONGRESSIONAL RECORD — SENATE S2269 in a brief way at this point to the inci- scaring the American people—I am not time from his great comments—if he sive question which the distinguished saying it is not appropriate to have an would comment on the Churchill anal- Senator has asked. I refer him to the orange alert, but we have seen alert ogy. CONGRESSIONAL RECORD upon several after alert after alert, and in spite of Mr. BYRD. The Senator is pre- occasions last year when I said to the the alerts that have been so often set eminently correct. His mention of Wil- Senate that I was bringing to the floor, forth in this country by the adminis- liam Manchester reminds me of that or said to the Appropriations Com- tration’s own people, the administra- great book, ‘‘The Glory and the mittee, that I was bringing an amend- tion, the President, have turned their Dream’’ by William Manchester who ment up dealing with homeland secu- backs on these efforts of the Senate wrote about the Great Depression. In rity, and I shall do that again, hope- Appropriations Committee by unani- fact, Herbert Hoover was the first fully before this week is over. mous votes, including the Republicans President to have a telephone on his Let me say briefly in response to the on the committee, to provide ample desk in the White House. ‘‘The Glory able Senator, time and time again the moneys for homeland defense. and the Dream.’’ Senator has worked with me and with Again, having lost the $5 billion, I Yes, we have had time to prepare. In every other Senator on the Senate Ap- came back with an amendment pro- many respects, we have failed. Our propriations Committee, Republicans viding for $3 billion. We slimmed committee on which the distinguished and Democrats alike, to report meas- down—you can go to the store and get Senator from Illinois sits conducted ures from the Senate Appropriations the Slim Fast at the Giant. I go to the hearings and requested that the Home- Committee unanimously that provided store and do the shopping for my wife. land Security Director, former Gov. moneys for homeland security. She does not need Slim Fast, but I Tom Ridge, appear before the Appro- I remember our providing $2.5 bil- sometimes get Slim Fast. Well, we priations Committee to testify con- lion—$2.5 billion—for homeland secu- slimmed fast that $5 billion and cerning the needs of homeland security rity. We designated it in the com- brought it down to $3 billion, thinking in this country. Did he come? He prob- mittee as an emergency item, and all we would pick up some votes with the ably would have come but his boss, the that remained to be done—all that re- administration’s support. President, said, no, he shall not come. mained to be done—in order to have Did we get any more votes? No, the So we conducted 5 days of hearings on that $2.5 billion immediately flow to administration was against the $3 bil- homeland security in those early the policemen, the law enforcement of- lion, and today they are telling us all, months of 2002. As a result, we brought ficers, the firefighters, the health we better be on watch day and night. to the floor legislation based on the emergency personnel all over this Mr. DURBIN. Will the Senator yield testimony that had been adduced from country, all that needed to be done was for another question? witnesses from all over this country— for the President of the United States Mr. BYRD. Yes. mayors, Governors, and first respond- to attach his signature and likewise Mr. DURBIN. Madam President, the ers. designate that $2.5 billion as an emer- Senator is probably preeminent in this This legislation, to a large extent, gency. Chamber in his knowledge of history, was pretty much sneered at—it is hard How little to ask. But how much it and he certainly knows the history to respond in any other way—by the would have meant to the first respond- leading up to World War II when a administration. Based on the testi- ers in the many towns and cities and Member of the House of Commons by mony of those witnesses, we tried time rural communities in Illinois, in North the name of Winston Churchill took to and again to bring to the Senate and Carolina, in West Virginia, and cities the floor week after week, month after pass legislation that would provide for and hamlets all over this country if the month, year after year, warning the the needs of those local responders, the President had but condescended in that people of England that the looming cri- people at the local level, in the effort moment to sign his name on that item, sis, the rise of Nazism and fascism and to prevent terrorist attacks and in the making it an emergency item. their failure to prepare. William effort to deal with terrorist attacks The law requires that for an item to Manchester’s famous biography of that once they occurred. We got no help be declared an emergency item, both period of Winston Churchill’s life is en- from this administration. the Congress and the President have to titled ‘‘Alone’’ because he stood alone Did the people out there know it? designate the item as an emergency. warning the people of England of the Some of us attempted to tell the Amer- Congress did its part, and, in that case, crisis that was to come. ican people about these efforts, but the that involved $2.5 billion. The Presi- I say to my colleague from the State press has not picked up on it very well. dent literally gave the back of his hand of West Virginia, his role in this crisis Communities are being left with less to that effort on the part of the elected facing America has been Churchillian than adequate police and fire protec- representatives of the American people in that he has taken the leadership in tion. Other essential services are also in this Chamber and on that com- the Senate time and again to warn us shortstaffed. The mood of the Nation is mittee. He gave the back of his hand to of a looming crisis. I ask him if he grim, is the only way I know how to that effort on the part of Congress to agrees with most people that to have put it. The economy is stumbling. Eco- provide $2.5 billion for the local re- an orange alert and to tell mothers and nomic growth is worse than it has been sponders and people in the health lab- fathers across America to put aside in 50 years. Fuel prices are rising and oratories all over this country, for bor- some bottles of water, buy some duct may soon spike higher. der security, airport security, port se- tape and plastic sheeting, and prepare This administration, now in power curity, and all of the many facets that for the crisis of terrorism is not for a little over 2 years, must be judged are involved in homeland security. He enough; that we as a nation should on its record. I believe that record is turned his back on that effort. have taken this looming crisis seri- dismal. In that scant 2 years, this ad- Then last year, I believe in November ously long ago? ministration has squandered a large of this past year when we had the om- I believe I know the answer to this projected surplus of some $5.6 trillion. nibus appropriations bill before the question, but, Madam President, I How much is that? That is $5,600 for Senate, I offered an amendment, a $5 thank my colleague from West Vir- every minute since Jesus Christ was billion amendment, an amendment ginia for his leadership. I thank him born. making $5 billion available for home- for standing on this floor and remind- Let me say that again. In that scant land security. Did the administration ing us that there is still an unfulfilled 2 years—I am talking about the last 2 support that amendment? No, the ad- agenda, and that if we face terrorism, years—of this administration’s record, ministration fought it, and the amend- we have to be honest with the Amer- this administration has squandered a ment went down in flames, as it were, ican people. We have tried in the Sen- large projected surplus of some $5.6 on the floor of the Senate on virtually ate, but we have failed. We are not as trillion over the next decade and taken a party-line vote. prepared as we should be to face this us to projected deficits as far as the That $5 billion would have gone a threat. human eye can see. This administra- long way, would have been out there I ask the Senator from West Vir- tion’s domestic policy has put many of today when we have this orange alert ginia—I am not going to take any more our States, including my own, in a dire

VerDate Dec 13 2002 02:10 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\G12FE6.089 S12PT1 S2270 CONGRESSIONAL RECORD — SENATE February 12, 2003 financial condition, underfunding law enforcement officers. They are Are we better off than we were 2 years scores of essential programs for the State troopers. They are road builders. ago? people, the people out there who are They are doctors. They are teachers. One can understand the anger and watching through those electronic They are Sunday school teachers. the shock of any President after the lenses. These are the men and women who savage attacks of September 11. One This administration has fostered keep the lights burning when the snows can appreciate the frustration of hav- policies that have slowed economic fall and darkness comes. But on whom ing only a shadow to chase and an growth. This administration has ig- will we depend when these men and amorphous, fleeting enemy on which it nored urgent matters such as the crisis women are gone to foreign lands to is nearly impossible to exact retribu- in health care for our elderly. This ad- fight a war if a war faces us here at tion. But to turn one’s frustration and ministration has been slow to provide home, a different kind of war. anger into the kind of extremely desta- adequate funding for homeland secu- Our awesome military machine will bilizing and dangerous foreign policy rity. The distinguished Senator from do us little good if we suffer another debacle that the world is currently wit- Illinois, Mr. DURBIN, and I have been devastating attack on our homeland nessing is inexcusable from any admin- talking about that. which severely damages our economy. istration charged with the awesome This administration has been reluc- As I say, our military forces are al- power and responsibility of guiding the tant to better protect our long and po- ready being stretched thin and we will destiny of the greatest superpower on rous borders to the north and to the need the augmenting support of those the planet. south, and to the east and to the west, nations that can supply troop strength, Frankly, many of the pronounce- where the great oceans form the bor- not just sign letters cheering us on. ments made by this administration are ders. The war in Afghanistan has cost us outrageous. There is no other word. In foreign policy, this administration $37 billion so far. Yes, we bombed those Yet this Chamber is hauntingly si- has failed to find Osama bin Laden. In caves. We ran them into the holes, but lent—silent. What would John Langdon fact, yesterday we heard from him they could not hide. We ran them out of New Hampshire say about that? again marshaling his forces and urging of the holes, and we ran behind them to What would Nicholas Gilman of New them to kill, kill, kill. get them. But there is evidence that Hampshire say about that? What would Rufus King and Nathaniel Gorham of This administration has split tradi- terrorism may already be starting to Massachusetts say? What would Alex- tional alliances, possibly crippling for regain its hold in that region. We have ander Hamilton, who signed the Con- all time international order, crippling not found Bin Laden, and unless we se- stitution, from the State of New York, entities such as the United Nations and cure the peace in Afghanistan, the dark say about the silence in this Chamber? NATO. This administration has called dens of terrorism may yet again flour- What would Dr. Samuel Johnson of into question the traditional worldwide ish in that remote and devastated land. Connecticut say about the silence in perception of the United States as Pakistan, as well, is at risk of desta- this Chamber? What would William being a well-intentioned peacemaking, bilizing forces. This administration has Paterson or William Livingston or peace loving, peacekeeping nation. not finished the first war against ter- David Brearley or Jonathan Dayton of This administration has turned the rorism, and yet it is eager to embark New Jersey, the signers of the Con- patient art of diplomacy on its head. It on another conflict with perils much stitution, have to say about the silence has turned the patient art of diplomacy greater than those in Afghanistan. Is in this Senate which they created? into threats, labeling, and name calling our attention span that short? Have we What would Benjamin Franklin, Thom- of the sort that reflects quite poorly on not learned that after winning the war, as Mifflin, James Wilson, Robert Mor- the intelligence and sensitivity of our one must also secure the peace? ris, of Pennsylvania, have to say? What leaders and which will have con- Yet we hear little, precious little, would Thomas FitzSimons or sequences for years to come, calling about the aftermath of war in Iraq. In Gouverneur Morris, who signed the heads of state pygmies, labeling whole the absence of plans, speculation Constitution on behalf of the State of countries as evil—as though we are not abroad is rife. Will we seize Iraq’s oil Pennsylvania, have to say about the si- evil, as though there is no country that fields, becoming an occupying power lence that rings and reverberates from is not evil—denigrating powerful Euro- which controls the price and supply of these walls today, the silence with re- pean allies as irrelevant. These types of that nation’s oil for the foreseeable fu- spect to the war on which we are about crude insensitivities can do our great ture? There are some who think so. to enter? What would they have to say? To whom do we propose to hand the Nation no good. What would their comments be? Gun- We may have massive military reins of power in Iraq after Saddam ning Bedford, George Read of Delaware, might, and we have, but remember we Hussein? Will our war inflame the Mus- Daniel Carroll, Dan of St. Thomas have had massive military might be- lim world, resulting in devastating at- Jenifer of Maryland. These and more. fore. How many millions of men tacks on Israel? Will Israel retaliate What would these signers of the Con- marched to the drums of war only 60 with its own very potent nuclear arse- stitution have to say about this Senate years ago? Thirteen million American nal? What are we about to unleash which they created when they note the men under arms, was it? Millions. here? The genie is getting out of the silence, that is deafening, that ema- While we may have massive military bottle. Can it ever be put back? Will nates from that Chamber on the great might today, we cannot fight a global the Jordanian and Saudi Arabian Gov- subject, the great issue of war and war on terrorism alone. We need the ernments be toppled by radicals, bol- peace? Nothing. Nothing is being said cooperation and the friendship of our stered by Iran, which has much closer except by a few souls. Yet this Cham- time-honored allies, as well as the ties to terrorism than Iraq? Could a ber is hauntingly silent—hauntingly si- newer found friends whom we can at- disruption of the world’s oil supply lent on what is possibly the eve of hor- tract with our wealth. Our awesome lead to a worldwide recession? Has our rific infliction of death and destruction military machine will do us little good senselessly bellicose language and our on the population of the nation of Iraq. if we suffer another devastating attack callous disregard for the interests and Think about that. on our homeland which severely dam- opinions of other nations increased the Oh, I know Saddam Hussein is the ages this economy. global race to join the nuclear club and person who is primarily responsible. Our military manpower is already make proliferation an even more lucra- But how about us? How about our- stretched thin, and they are taking tive practice for nations which need selves? them from our States every day. Yes- the income? Yes, there are going to be old men terday, I talked to the Senate about In only the space of 2 short years, dying. There will be women dying. the vacancies, about the empty seats this reckless and arrogant administra- There will be children, little boys and at the dinner tables in the homes of tion has initiated policies which may girls dying if this war goes forward in many West Virginians, because of the reap disastrous consequences for years. Iraq. And American men and women National Guard and Reserve departures We have heard it asked, Are you bet- will die, too. every day from the State of West Vir- ter off today than you were 4 years Iraq has a population, I might add, of ginia. Yes, there they come. They are ago? The question can be shortened: which over 50 percent is under age 15.

VerDate Dec 13 2002 02:10 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\G12FE6.091 S12PT1 February 12, 2003 CONGRESSIONAL RECORD — SENATE S2271 Over 50 percent of the population in membership on that committee, I re- I sit on this side of the aisle for, Iraq is under age 15. What is said about member President Clinton presented frankly, one major reason. I believe in that? This Chamber is silent—silent. his first budget. We were coming free enterprise. I do not believe in When it is possibly only days before we through a period of great deficits and creeping . I believe if you are send thousands of our own citizens to President Clinton projected deficits for interested in social justice you will face unimagined horrors of chemical as far as the eye could see. But some- pursue those policies that leave more and biological warfare, this Chamber is thing happened to our economy, some- money at home and give people a silent. The rafters should ring. The thing entirely unrelated to Govern- chance to reemploy folks and to press galleries should be filled. Sen- ment, something entirely unrelated to produce products, to provide services ators should be at their seats listening the Clinton administration. We saw that other people want to buy. to questions being asked about this what has happened periodically in the So when I hear a statement like I war, questions to which the American great civilizations, and that is a specu- have just heard, with all due respect to people out there have a right to expect lative bubble, irrational exuberance, a great man in this Chamber, I think it answers. The American people are and we saw the stock market surge simply disregards the nature of the longing for information and they are with stock values wholly unrelated to economic system we are in. I say that not getting it. This Chamber is silent. their book values. as a businessman before I was a Sen- On the eve of what could possibly be a We began to witness a great bubble. ator. So I thank President Clinton for vicious terrorist attack in retaliation That is when Alan Greenspan and oth- doing the best job he could. I thank for our attack on Iraq, it is business as ers said there is irrational exuberance. President Bush for doing the best job usual here in the Senate, and business We have a problem. They began pulling he could. But in the middle of the ad- as usual means it is pretty quiet. There back on the money supply, and by the ministration there was a stock market is not much going on in the Senate. time George W. Bush took his oath of bubble that neither of them created for Business as usual. office, this country was in a full blown which we are now trying to deal with Oh, I know it may be scare talk to recession. He inherited this. For a col- the consequences of the bursting of talk about what may happen in the league to suggest that this President that bubble. has run this economy into the ground event of a terrorist attack. But when IRAQ the Twin Towers fell, it wasn’t scare is belied by the facts and it is belied by the common sense of the American Madam President, on the issue of talk. When hundreds of local fire- Iraq, I think every American feels dis- fighters and police officers, law en- people who do not blame this President for the condition of this economy that quiet about the fact that we are actu- forcement officers died as the walls of ally contemplating going on the of- the Twin Towers came tumbling down, he inherited and they, in fact, appre- ciate the fact that he is doing some- fense because we are trying to provide it wasn’t scare talk. It wasn’t scare for the defense of the American people. talk. thing about it and trying to do what I don’t think President Bush relishes We are truly sleepwalking through the Federal Government can, with the going to war. But I will tell you that I history. In my heart of hearts I pray levers available to it, to help put peo- am glad he does not check our national that this great Nation and its good and ple back to work, to grow the economy, security with the French or the Chi- trusting citizens are not in for a rudest to say to the country, to say to the nese or some international body which of awakenings. To engage in war is al- Congress: You know, the economy is tough. When the economy is tough, is, at the core, anti-American and anti- ways to pick a wild card. And war must families have to tighten their belts, Semitic. I am grateful we have a Presi- always be a last resort, not a first and Congress should do the same with dent who goes to such bodies and choice. the Government budget so we can leave But I truly must question the judg- makes America’s case and stays en- more money at home so people can ment of any President who can say gaged but never loses sight of the fact spend it to pursue their dreams, to bal- that a massive unprovoked military at- that America’s interests are best deter- ance their economies because when tack on a nation which is over 50 per- mined by Americans. they do that, we are more likely to see I have never believed there was a cent children is in the highest moral employers reemploying people. traditions of our country. This war is sharp line of coordination between all I must tell you, like my friend from the Islamic terrorist groups and Is- not necessary at this time. Pressure Wisconsin, before I came to this body I appears to be having a good result in lamic states. But I am not so naive to was in the business of meeting a pay- believe that this is not a loose confed- Iraq. Our mistake was to put ourselves roll. It was always a source of frustra- in a corner so quickly. Our challenge is eration of terrorism—a loose confed- tion to me to hear politicians from eracy that has as its purpose the mur- now to find a graceful way out of a box mighty places say that they were re- of our own making. Perhaps—just per- der of Jews and Americans and other sponsible for creating jobs, that they minorities who do not share their reli- haps—there is still a way, if we allow were somehow responsible for the con- gious faith. more time. dition of the private sector economy. It takes foolish people to look at all Madam President, I yield the floor. I We are citizens of a nation that has a suggest the absence of a quorum—I free market economy, not centrally the money moving around and all of withdraw that suggestion. planned. I have always been upset, the ammunition being bought and all The PRESIDING OFFICER. The Sen- whether from Republican or Demo- of the murder being committed to say ator from Oregon. cratic politicians, when there is the we just have to wait for them to hit us Mr. SMITH. Madam President, I be- claim that somehow we in the public again. lieve Senator SCHUMER is scheduled to sector create jobs. I thank God for a President who is speak. I understand he is not now going It is false. It is a lie. So when I hear willing to say: I am going to protect to claim his time. If I may, I would like speeches saying that President Clinton the American people, and I am going to to speak about Miguel Estrada. I appre- is to blame for it, or President Bush is go where the facts lead us. And even if ciate the Senator from West Virginia to blame for it, I say baloney because, it says we have to play defense by and his effort to present his perspec- as long as I have been in public life, I going on offense we are going to do tive. I find myself wanting not to be si- have seen us do various things with the that. lent, though, in response. He has a per- levers available to us to try to help the I don’t believe we are going to Iraq spective that is not one I share with re- economy, to take credit for it. But you out of reasons of oil. I believe we are spect to President Bush and the job he know what. We can’t. And may we going there for the security of the is doing as our Commander in Chief never be able to because if we do, we American people. Who can like the sit- and as the leader of the free world. So will have adopted the ways of western uation in the Middle East now? Per- before I speak about Miguel Estrada, I socialist societies, of Western Europe, haps there is a prospect of a better fu- would like to remain not silent. and these are failing models. These are ture. Perhaps there is a prospect of de- When I was elected to this body in not models designed to reemploy peo- mocracy that takes root in the middle 1996 I was given membership on the ple and to give them opportunity and of Arabia on the border of Persia that Senate Budget Committee. Being given hope. may ultimately figure out how to find

VerDate Dec 13 2002 03:34 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\G12FE6.094 S12PT1 S2272 CONGRESSIONAL RECORD — SENATE February 12, 2003 peace with their Jewish neighbors. We the Coif. Then he went on to clerkship You see, Miguel Estrada has never have no prospect of that in the current for United States Supreme Court Jus- told us what his views are. Maybe that arrangement. tice Anthony Kennedy. is what is wrong here. Maybe if he When I hear motives described of this You cannot get better credentials would come and pledge allegiance to President that his response to 9/11 is than this. Roe v. Wade all this opposition would somehow failed, I think maybe they He then served as Assistant Solicitor go away. But I want to lament that our are going to different briefings than I General of the United States under process has come down to single issue am. Maybe they are seeing different both the Bush and Clinton administra- litmus tests. I do not think it should. facts than I see. I don’t understand the tions, earning high praise from col- See, Miguel Estrada has said what charges that were just made here. The leagues, including President Clinton’s should be said in the case of abortion, charge was made that we are being si- Solicitor General, Seth Waxman, under issues coming before appellate courts. lenced. I diverted from my Miguel whom he served. He has said: I will follow the law. I un- Estrada speech because, frankly, I By the way, I also note that he ar- derstand stare decisis. And I am not don’t want to be silent if that is what gued the Government’s case against going to be out there trying to make people actually believe here because it the abortion clinic demonstrators. He new law. That is what he should say. is wrong. I want to make clear my op- upheld the law. What he has not said I think is feared position to it. He has the unanimous high rating by on that side; and that is, coming from Madam President, when I came to the American Bar Association as ‘‘very a Latin American part of our hemi- this body, I promised the people of Or- well-qualified’’—its highest rating. sphere, that he has a Catholic back- egon that while I have values I refuse That used to be the gold standard for ground, that he has a heritage, a tradi- the Democratic conference for people to check at the door, I would not have tion that sanctifies human life. And coming through the Judiciary Com- a single-issue litmus test when it came they are worried about that. mittee to this floor. to judicial nominees. Yet I have to say I think a lot of the He enjoys broad support from His- I remember very vividly our phones American people worry about that. I, panic communities, including the U.S. ringing off the hook with calls from for one, who describes myself as pro- Hispanic Chamber of Commerce, the conservative people in my State who life, understand completely that it is Hispanic National Bar Association, and were very upset at all the Clinton the Washington Post, of all papers, unlikely in our lifetime that early nominees for whom I voted. But I which editorialized that this confirma- rights to choose will ever be abridged wanted to keep my word that I would tion should be an ‘‘easy call’’. But it is by this place or by the Court. But I not have a single-issue litmus test. I not. It is all bollixed up. Charges have think Americans generally are increas- was going to focus on whether Presi- been raised against Miguel Estrada ingly discomforted by late-term abor- dent Clinton’s nominees were qualified that he is way out of the mainstream. tions. You have but to see the General Elec- and for some reason not disqualified by When you ask for evidence of that, I tric advertisement about seeing this personal conduct or ethics. find none forthcoming. They say he has So with that, I can think of only one couple looking at their unborn child in no judicial experience. Well, I have told exception when a nomination was de- utero and the inexpressible joy they you what his legal training is, as well feated on the floor of this body at the feel at the anticipation of the child’s as his legal practice at Gibson, Dunn & request of the two Senators of that birth. And to think: Well, this unborn Crutcher, a great law firm in Cali- State. child is of no consequence—it is of fornia. I voted time and time again for I would note that five of the eight enormous consequence. President Clinton’s nominees who current judges on the District of Co- I think there is a fear there that probably in most cases had different lumbia Circuit had no prior judicial ex- Miguel Estrada may have some of views than I did. I remember specifi- perience before they served on it. But, those beliefs. We do not know that. cally the nomination of Richard Paez clearly, that doesn’t cut it. And, frankly, I think he has said what of California which the Republicans I noted before that he has the highest is right and that is: I will enforce the held up for some time. But some of us rating of the American Bar Associa- law. pushed on this side to get him con- tion. Some have said: Well, but he de- Madam President, I, for one, say, firmed. fended antigang laws. These are known without reservation, Miguel Estrada I remember the nomination of Mar- as antiloitering laws. But I would point has my vote. And I think for the good sha Berzon, another Ninth Circuit out that he did that when he was hired of our institutions, some of our col- nominee. The conservatives couldn’t by ’s Solicitor, at the request leagues on the other side ought to re- stand her. Some of us pushed through of Democratic Mayor Richard Daley, to member that some of us pushed and got her confirmed and voted for defend their constitutionality. There is through a lot of President Clinton’s her because we didn’t want to happen no partisan conspiracy in this. They nominees with whom we had dif- in this place what is happening now in wanted a good lawyer to defend it. This ferences because we were fearful of the case of Miguel Estrada. is a man who has argued 15 cases before going down the road of single issue lit- I was trained in the law. As a lawyer, the U.S. Supreme Court. No judicial ex- mus tests for judicial nominees, be- I have to tell you that I am envious of perience? That doesn’t hold up. cause if we go there, we are ratcheting the credentials of Miguel Estrada. I Some have said he didn’t answer all up to a different level, and it will be to will bet in all the time I serve here, few the questions. the lament of this country and its judi- nominees will come to this place who I can tell you I fear that what we are cial processes because we will leave too are better prepared and better doing in this Chamber by the process many places and seats vacant on the credentialed than Miguel Estrada. Yet that began with Robert Bork is setting bench, and that will mean justice de- it has come to this? A filibuster? Not a standard that if you provide the op- layed. And justice delayed means jus- for the Supreme Court but for an ap- position with your views and your tice denied. I urge his confirmation. peals court—an important one for sure records, you give them ammunition to I yield the floor. but not even the highest court. We are shoot you—at least politically speak- The PRESIDING OFFICER. The Sen- in the midst of a filibuster. ing—in this place. ator from Wisconsin. But consider what an Horatio Alger I come back to my belief that what Mr. DORGAN. Will the Senator from story is Miguel Estrada when it comes this really is is the victory of single- Wisconsin yield for a unanimous con- to American law. This man came to issue politics. I regret that. sent request? this country, from Honduras, at the My friend from Nevada holds the Mr. KOHL. I will. age of 17, speaking little English. He same view I do on single issue. He is Mr. DORGAN. I ask unanimous con- went to Columbia University. He grad- evidence that his party has had a big sent that I be recognized following the uated there magna cum laude. Then he enough part to include people who presentation by the Senator from Wis- went to Harvard Law School and he may—I emphasize ‘‘may’’—have a view consin. graduated there as the editor in chief as to the sanctity of life that is out of The PRESIDING OFFICER. Is there of the Harvard Law Review, Order of the mainstream, if you will. objection?

VerDate Dec 13 2002 02:10 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\G12FE6.096 S12PT1 February 12, 2003 CONGRESSIONAL RECORD — SENATE S2273 Without objection, it is so ordered. correctly decided, and Mr. Estrada re- then I will be forced to oppose his nom- Mr. KOHL. Madam President, I rise fused to do so. ination. today to express my concerns about He refused to provide responsive in- I thank the Chair. the nomination of Miguel Estrada. formation to my own questions on a The PRESIDING OFFICER (Mr. Once a nominee is confirmed by the variety of topics, ranging from his Smith). The Senator from North Da- Senate, these men and women serve views on two recent Federal court kota. lifetime appointments, unanswerable opinions striking down the Federal Mr. DORGAN. Mr. President, I lis- to Congress, the President, or the peo- death penalty, to the Government’s tened to my colleague from Wisconsin, ple. They become the guardians of our role in protecting the environment, who serves on the Judiciary Com- liberties, of our Constitution, and of and to the use of ‘‘protective orders’’ mittee, on the nomination of Mr. our civil rights. Our duty to advise and mandating court secrecy in products li- Estrada to the DC Circuit Court. I also consent is the only check we will ever ability cases. This pattern of evasive- listened to my colleague from Oregon have on the qualifications and fitness ness and avoidance falls far short of and others who have spoken today. of those chosen to serve as Federal what we need to evaluate a candidate’s Mr. Estrada has had his name sub- judges. fitness to serve a lifetime appointment mitted to the Senate by the President, In considering judicial nominees, we on the DC Circuit Court of Appeals. acting under article II of the Constitu- can review their credentials, their pro- The importance of the court to which tion. And the President has the right fessional record, their writings, and the Mr. Estrada has been nominated makes to send nominations for lifetime ap- recommendations of their colleagues. his efforts to hide his views from us all pointments to the judiciary to the Sen- But to truly evaluate a nominee’s fit- the more serious. The DC Circuit, a ate for advice and consent. It is the ness, especially one with no judicial court second in importance only to the Senate’s responsibility to evaluate the record, we are dependent on the nomi- Supreme Court, is unique among the President’s nominees and determine nee to candidly share with us their Federal courts of appeals as the court whether to vote to confirm those nomi- opinions, their judicial philosophy, and that reviews decisions of the executive nees and provide someone a lifetime their approach to interpreting the Con- branch and the independent agencies. tenure on one of the Federal courts. stitution during the give and take of a The rules and regulations reviewed by That advice and consent is not in any confirmation hearing. this court are felt by all Americans way subordinate to the President’s The need for forthright testimony is every single day. If you work, your right of sending a nomination. We both especially crucial in the case of Mr. safety is protected by rules issued by have constitutional obligations. One is Estrada, given the minimal public the Occupational Safety and Health for the President to select and send record we have to evaluate him. He has Administration. When we drink water nominations to the Senate. The other never served as a judge and, therefore, and breathe the air, we are protected is for the Senate to evaluate and pro- unlike many appellate court nominees, by rules issued by the Environmental vide its advice and consent. has no judicial opinions to review. He Protection Agency. When we shop and The DC Circuit Court is the second has virtually no professional writings watch advertisements, we are pro- highest court in the land. It is very im- for us to read. And although he has ar- tected from fraud and deceit by the portant that for a lifetime appoint- gued before the Supreme Court, he has Federal Trade Commission. And when ment, we decide carefully whether we rebutted any attempt we made to at- we see our cable, phone, and internet want to confirm a nominee sent to us tach his personal views to the positions bills, we can be sure that the Federal by the President. Most of us would not he advocated in those cases. Therefore, Commerce Commission played an im- know the nominees personally. That is we were dependent on his testimony portant role. The decisions of the D.C. certainly the case in this cir- from his confirmation hearing. But Circuit on these and many other sub- cumstance. I don’t know Mr. Estrada this testimony gave us precious little jects have a real and immediate impact personally. on which to evaluate him. on the lives of all Americans. I have been to one hearing where he Instead, we have been told that Mr. My decision to oppose this nomina- appeared. I was there for only a brief Estrada is bright, capable, and quali- tion in the Judiciary Committee was period because a candidate for a Fed- fied. His proponents say ‘‘trust us, he not taken lightly. I have done so only eral judgeship in North Dakota was will make a good judge.’’ Trust is not six times in my more than 14 years of being heard at that time. This was a enough; trust leaves too much to service in the Senate, and I do so reluc- nomination of President Bush’s. I was doubt. When considering a nominee, we tantly in the case of Mr. Estrada. We pleased to be there to support Presi- do not owe the benefit of the doubt to recognize that Mr. Estrada is a tal- dent Bush’s nomination and to support the nominee but, rather, to the courts, ented attorney who has compiled an the candidate whose name had been the Constitution, and to our civil lib- impressive record of achievement, and sent to us. I went down to the hearing erties. that he is to be commended for devot- and supported Mr. Hovland’s can- A judicial confirmation hearing is ing a substantial portion of his profes- didacy. I am proud to say he is now a not an intrusive exercise. We do not sional career to public service. Federal judge in the West District of ask nominees to comment on pending My decision to support the need for a North Dakota. He is going to be a cred- cases or to speculate on unlikely facts. filibuster on this nomination is also it to the bench. He will be a wonderful Rather, we only ask them to help us not taken lightly. We take this step re- Federal judge. I was very pleased to reach a level of comfort with them as luctantly, and with the full under- support President Bush in sending this potential judges. Without candid and standing that we are left with no other nomination to the Senate. honest testimony by the nominee our choice. Our constitutional responsi- On that day when he was also testi- advice and consent process is meaning- bility to advise and consent has been fying, Mr. Estrada was there. That is less. compromised by a process that has pro- the only time I have seen him. I was Unfortunately, at his confirmation vided us with no opportunity to learn there for only a couple questions, and I hearing, Miguel Estrada refused to an- anything about this nominee. If we per- don’t know a great deal about him but swer question after question regarding mit Mr. Estrada’s nomination to pro- have read a lot about him since. his views and judicial philosophy. Mr. ceed, we have provided future nominees It is the case with respect to Mr. Estrada even went so far as to refuse, a roadmap to evade questions and hide Estrada’s appearance before the com- when asked by Senator SCHUMER, to who they are. This would be a dis- mittee and also the interviews and dis- name a single Supreme Court decision service to the people we were elected to cussions prior to his appearance before of which he was critical in the last 40 represent. the Judiciary Committee, that Mr. years. I myself have asked that very We cannot support Mr. Estrada’s Estrada decided he would not answer same question of many nominees, and nomination to the DC Circuit in the some basic questions put to him by every one had an answer—until now. face of his unwillingness to candidly Members of the Senate. Members of the This is not an isolated example. Sen- share his views, his approach and his committee were asking some pretty ator FEINSTEIN asked him to state judicial philosophy. If no further infor- basic questions. Tell us a bit about whether he believed Roe v. Wade was mation is provided about Mr. Estrada, your judicial philosophy, because you

VerDate Dec 13 2002 03:34 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\G12FE6.099 S12PT1 S2274 CONGRESSIONAL RECORD — SENATE February 12, 2003 don’t have experience as a judge and Estrada, have said: I don’t intend to one know? Does anyone who has spo- you have not served as a judge at any answer questions, and I don’t intend to ken in support of this nomination level in the judiciary system. Tell us make the information available with know? Can you answer that question? about how you see this job. Evaluate respect to what I was doing as assist- The answer is no one in this Chamber for us some of the decisions that have ant in the Solicitor’s Office. knows; no one in the Chamber can an- been made over time by the Supreme If that is the case, Mr. Estrada is swer the question because Mr. Estrada Court, and so on. Mr. Estrada essen- then a blank sheet. What are we to and the administration say you are not tially said, I don’t care to do that. make of Mr. Estrada? Who is he? How entitled to know. Contrast that for a moment, for ex- does he think? How does he reason? They are wrong. The Constitution re- ample, with Dan Hovland who is now a Would he be a good judge? This is, after quires us to know. It says we are enti- Federal judge in the West District of all, a lifetime appointment. This isn’t tled to know. I don’t believe we ought North Dakota. He was asked: What an appointment for 5 years, 10 years, or to vote on this nomination until we three U.S. Supreme Court cases can 20 years. We are being asked by the have received the information re- you identify that you disagree with? President to take Mr. Estrada’s nomi- quested. When we do, I think we should This is Mr. Hovland. He said: Well, nation and say, yes, we will put him on vote on this nomination. But until Behrens v. Peltier, 1996; a 2002 case, this Circuit court forever, for his entire then, in my judgment, this is not a Thompson v. Western States Medical life, and we have no right to get an- problem of our making, this is not Center; and then, of course, the case I swers to basic questions, to understand something someone from the other side suspect most would cite, Korematsu v. a bit about the philosophy of Mr. should shoehorn over here. This is a the United States. That is, of course, Estrada, a bit about his approach, his problem the administration and Mr. the case in which the Supreme Court thinking. We have no right to that? Estrada created by deciding on a strat- affirmed the conviction of a person of I have been astounded to hear some egy that, if we allow to continue, Japanese ancestry for a violation of a colleagues on the floor say: You have a would essentially say to the Senate, curfew order solely because of the indi- responsibility to approve this nomina- you consider us for lifetime appoint- vidual’s ancestry. tion. No, we have a responsibility ments and we won’t give you any infor- I think now most would view that under the Constitution to advise and mation about ourselves as we ask for Supreme Court decision as a profound consent. The President has a responsi- that consideration. mistake. Mr. Hovland did. He was bility to send us a nomination. We There are reciprocal obligations asked a simple question. He gave a have a responsibility to evaluate it and here—ours, the President’s, and the straightforward answer. He said: Here make a decision. Is this someone who nominee’s. We will and should meet is my notion of three Supreme Court should be given a lifetime appointment ours as soon as others have met theirs. decisions with which I would disagree. or not? That is our judgment. That The first test of that is to send the It gave Members a bit of an insight judgment doesn’t rest with others. It names of qualified people to the Senate into who Mr. Hovland was, what he rests with us. for judgeships. Mr. Estrada may well be thinks. That was helpful. I would like very much for Mr. very well qualified. The ABA says he is The same question was asked, for ex- Estrada to give us the information re- well qualified. The second obligation ample, of Freda Wolfson: What three quested. My colleagues on the Judici- on the part of those who send his nomi- U.S. Supreme Court cases can you ary Committee have repeatedly re- nation to us is for the candidate him- identify that you disagree with. quested this information. I would like self, or herself, to make themselves Plessey v. Ferguson, that would come very much to see the information. It is available to the Senate, answer ques- to mind almost immediately for every- entirely possible I would see all of this tions, and allow us to evaluate whether one. They held that the State statute information, understand a bit more this is the kind of person we want to requiring passenger railroads to pro- about Mr. Estrada, and decide to sup- provide a lifetime appointment to on vide separate but equal accommoda- port his nomination. I don’t know. I the Federal bench. That hasn’t been tions for African Americans and Cauca- would like to see the information and the case at this point. sians did not violate the 13th or 14th make a judgment. With respect to this nominee, we are amendments. It seems to me that is I believe I have voted for virtually all waiting; but we should not vote, and no probably an obvious case one would the nominations the President has sent one in this Chamber ought to pressure disagree with. to Congress with respect to judgeships. others to vote until we have the basic Yet questions of that type were I would hope to be able to support this information we have requested. What is asked repeatedly of Mr. Estrada, and and others as well. But I don’t intend so secret about all of this? What is he said he just wouldn’t offer an opin- to decide that we should force the Sen- there we should not know? Is there ion, wouldn’t answer the questions. So ate to vote for a lifetime appointment anyone qualified to serve on the second then the members of the committee for a candidate on the DC Circuit Court highest court of the land who doesn’t said: Well, you served in the Solicitor’s who tells us nothing about himself. have some basic views on past Supreme Office at the Justice Department. He seems to suggest, I am here for a Court decisions—especially some of the Could we be provided with the memo- job interview, but I will not tell you controversial ones—they might explore randa written there, the advice you anything about me. That would be a with us in order to give us some eval- were offering, to get some insight into job interview that would last a very uation of how they think and reason, how you feel about these issues, how short time. It ought to last a very what kind of capability they have to you reason, how you think? short time here. When Mr. Estrada and sit on the bench? If such a nominee is He said, no, those are confidential. the administration provide the infor- sent to the Senate, that nominee ought Those should not be released. mation that is requested, then, in my not ever be confirmed. Well, they have been released in the judgment, this Congress has a responsi- I don’t believe that is the case with past. On other occasions candidates bility to consider it, and consider it Mr. Estrada. I think he has views on all have indicated they wanted those pa- with great seriousness because this is, of these issues. He certainly could tell pers released. They were released. It after all, a Federal judgeship, not just us his views about Supreme Court deci- gave the committee, when making a a district judgeship, but a circuit court sions with which he would disagree and lifetime appointment, some better judgeship of DC, which is the second why, so we could develop some notion judgment about how this person highest court in the land. of his reasoning. He just refuses to do thinks, how this person reasons, what Judge Scalia once said—and I am not that. I don’t know why. I assume if this approach this person takes to dealing prone to quoting him often: is the case with this candidate and the with some of these questions. Mr. Indeed, even if it were possible to select Senate says that is fine, we will see fu- Estrada said, no, he couldn’t do that. judges who didn’t have preconceived views ture nominees refuse to answer any- What has happened with this nomina- on legal issues, it would hardly be desirable thing; our advice and consent will be- tion, a circuit court nomination is to do so. come a rubberstamp; and we will not that, both the President’s administra- What are the preconceived views on ask people to give us basic informa- tion and the candidate himself, Mr. legal issues of Mr. Estrada? Does any- tion. Then the next candidate will do

VerDate Dec 13 2002 03:34 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\G12FE6.100 S12PT1 February 12, 2003 CONGRESSIONAL RECORD — SENATE S2275 exactly the same thing and we won’t fied briefings because we have not had and we talk, and we try to work have a constitutional responsibility at any—that trucks are leaving a facility through these issues. all here in the Senate. We will say, all in North Korea, potentially with spent With respect to al-Qaida and ter- right, whatever it is you decide to give fuel rods, which will, in the not-too- rorism, the fact we do not mention it, us, we will take, or whatever you de- distant future, be turned into weapons- the fact no one will talk about it, the cide to withhold, we will accept. grade plutonium, probably sold to a fact it is not something the Defense I am not willing to do that. Why not terrorist; and it is not out of the ques- Department, the State Department, or the materials from the Solicitor’s Of- tion that 18 or 24 months from now a others want to talk much about does fice? It has been done in other nomina- terrorist will have a nuclear weapon not mean it has gone away. It is as se- tions. Why not now? Why won’t the with which to hold hostage an Amer- rious today, perhaps more so, than candidate answer basic questions? ican city. ever, and we have a responsibility to Again, I come here not as a member of Is that a frightening thought? You deal with it. I worry a great deal about the committee and as someone who has bet your life it is. So what consumes these terrorist issues and the terrorist a preconceived notion that Mr. Estrada our attention today? Iraq. Saddam threat against our country. would not do a good job. I don’t know. Hussein. Oh, but today is a bit different My point is not to say somehow the And no one else in the Senate knows. in that Osama bin Laden also shows up. attention to Iraq is misplaced. It is to There is nobody in the Senate who can He is out there. The other day Osama say that the sole attention to Iraq at stand up and say Mr. Estrada has an- ‘‘been forgotten’’ is what I called him, the expense of, in my judgment, a more swered these questions for us, because because you don’t hear about him any- serious threat from North Korea, the he has refused to answer the questions more from the administration. They sole attention to Iraq at the expense of for all Senators. Some in the Senate cannot find him, don’t know where he attention to al-Qaida and the growth might be perfectly comfortable decid- is. I have flown over those mountains; and the continuation of a very serious ing the constitutional role granted us it was about a year ago. You can look threat of terrorist attacks is unwise, in in this process of lifetime appoint- down and see where the caves are, my judgment. It makes no sense. ments on the judiciary is not very im- where Osama bin Laden and his band of We have a responsibility to protect portant. But I am not among them. murderers plotted the murder of inno- the national interests of this country, THE STATE OF FOREIGN AND DOMESTIC POLICY cent Americans, thousands of them. and I will and always have supported Mr. President, let me speak for a mo- And so men and women wearing Amer- our President as we proceed to do that, ment, while I have the floor, about a ica’s uniform went into Afghanistan, but I think it is important with respect couple of other issues that are hap- kicked the Taliban out, ran the al- to not only advice and consent on pening that I think are very important. Qaida up into the hills. But Osama bin judgeships, but providing advice on I know others want to come and speak Laden was not found. Al-Qaida still issues as we perceive threats to this about the nomination. I want to talk lives. The head of the CIA said a couple country, it is important for some of us for a moment about what has been hap- of months ago that the terrorist threat to speak up to say: Mr. President, you pening in our country with respect to against this country is as serious now are right, Saddam Hussein is a bad guy, foreign policy and domestic policy. as it has ever been since September 11. In recent days, we have had the fol- but you are wrong to not pay attention lowing occur: We wake up in the morn- What of terrorism? What do we make to North Korea and the war on ter- ing and turn on the television pro- of North Korea? What about Bin rorism with equal vigor and equal grams. The lead story is, as it has al- Laden? And, yes, what about Iraq? strength. We have had a single track playing ways been in recent weeks, days, and Frankly, no one can take a look at months, the war with Iraq. When is it now for month after month about the what has happened in the last 6, 8, 10 going to happen? How is it going to country of Iraq. I want to see regime months and judge there has been that happen? When is it going to start? Who change in Iraq. I want to see Saddam kind of balance. My hope is that in the is going to support it? Who is going to Hussein displaced. My preference, by coming days we will see greater bal- be involved? Every week, day, and far, is that the free world in unison ance dealing with this terrorist threat month. says to this man: You leave, you dis- and also the threat of North Korea pro- As a result, this economy of ours, arm, or you are going to be disarmed, ducing more nuclear weapons and po- which desperately needs certainty, pre- and you are going to be replaced. I tentially moving those nuclear weap- dictability about the future—and this would hope very much the entire free ons into the hands of terrorists who the economy, in my judgment, is in a stall, world says that to Mr. Saddam Hus- next time they threaten us will do so serious trouble—is not going to come sein, but I also hope that we under- with a nuclear weapon. out of its problems unless we stop stand in this country—the President God forbid we will face a world in every day the lead news story being and, yes, his key advisers understand— which a nuclear weapon is used as an about war. I am not suggesting Iraq is that there are more threats and, in my act of terrorism, not killing 3,000 peo- not a problem; it is. Saddam Hussein is judgment, at this moment, more seri- ple but 300,000 people or 1 million peo- a bad guy. North Korea is a problem— ous threats with respect to North ple. a bigger problem than Iraq, I might Korea and the development of addi- If ever we wonder about these issues, say. Terrorism is a bigger problem tional nuclear weapons that could pos- we have a world in which there is than both of them. We have a situation sibly go into the hands of terrorists somewhere, we think, around 30,000 nu- in which we have to deal with all three. very quickly; more serious threats clear weapons. We do not know ex- I understand that. But the other day with respect to al-Qaida which still actly. With theater weapons, strategic we get an orange alert in the country, lives, and Osama bin Laden, who is still weapons, somewhere around 25,000 to the second highest alert for terrorist broadcasting to those who follow him, 30,000 nuclear weapons, one of which, activity in our country, the terrorist which is also a very serious threat to just one, missing or in the hands of ter- threat. Today, I understand we have this country and to the free world. rorists will cause chaos. The explosion hardware stores that are out of duct We need to understand that we face of one will be devastating, and the tape. Why? Because yesterday they very serious problems, and it is not genie will be out of the bottle. said we are on orange alert, under the just Iraq. Inattention to some parts of Pakistan and India have nuclear threat of terrorist attack, and we need our foreign policy, in my judgment, weapons, and the other day they were people to go out and buy gas masks and have contributed to this. I understand shooting at each other over Kashmir. plastic sheeting and duct tape. So the North Korea has lied to us. I under- Dangerous? You bet your life that is hardware stores in our country are stand that. But deciding not to talk to dangerous. being cleared out of duct tape. Why? them? It is not an option. We have a responsibility, especially People are concerned about the poten- There are only two options dealing in the shadow of the terrorist threat tial of a terrorist attack in our coun- with a problem that serious. One is against this country, in the shadow of try. military. We are not going to do that. what is now happening in North Korea North Korea. Apparently, we read in The second is diplomacy, and that and the potential of the spread of nu- the news—I have not heard it in classi- means we talk. We talk and we talk clear weapons, we have a responsibility

VerDate Dec 13 2002 02:10 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\G12FE6.103 S12PT1 S2276 CONGRESSIONAL RECORD — SENATE February 12, 2003 to decide that job No. 1 is protecting create designer nuclear weapons. Once Yesterday, Mr. Greenspan came to ourselves against the terrorist threat that thinking starts, the thinking that the Congress and I think he poured a 5- and then trying to find ways to reduce you can use nuclear weapons in cir- gallon pail of cold water on President the number of nuclear weapons in this cumstances such as that, others will Bush’s fiscal policy proposals. I am world. say: We can use nuclear weapons. Once thankful for that because the President I have kept in my desk for some long the thinking starts that you can use is proposing, in the face of the largest while a couple of items I have always preemptive strikes against countries budget deficits in history by far, more used to remind us of what this job is because you are worried what they tax cuts, the bulk of which will help about. might do later, other countries will upper income taxpayers. I do not think This little piece of metal, if I may say: We can do preemptive strikes. that is what we need to do for the econ- show by consent, Mr. President, this I worry a lot about where we are omy. little piece of metal is from a backfire headed with the multiple policies with As I said earlier, this economy is not bomber. This bomber was a Soviet respect to weapons programs. I think going to grow if every day, in every bomber. It used to be flown by Soviet we ought to be strong. I have supported way, the lead story is about war, as it aircrews hauling bombs that presum- many weapons programs, but I also be- has been every day and every week and ably would threaten the United States lieve, with respect to nuclear weapons, every month for some long while. This of America. It was at a Soviet airbase we must lead the world. We must stop economy does not grow when that hap- in Ukraine when it was destroyed. the spread of nuclear weapons. We pens. The price of oil increases. People How was this bomber destroyed? Did must reduce the stockpile of nuclear are uncertain about the future, and we shoot it down? No, this bomber was weapons all around the world. It is our they manifest that uncertainty by destroyed with a saw, a large circular job. It is our responsibility. We are the what they do. So we need to get metal saw. We sawed the wings off a world leader. We are the ones. through this. When we get through it, the question Soviet bomber, and we paid for it under ECONOMIC POLICIES is: How is a jump start provided to this Senate appropriations. These are challenging, difficult, We destroyed a bomber, not through tricky times. Every one of us in this ship of state of ours? How is this econ- omy provided a boost? The President hostile action but under what is called Chamber wants this President to suc- says what we need to do is more tax threat reduction. We destroyed mis- ceed. We want our country to succeed. cuts. He said what we ought to do is ex- siles. We took off the nuclear war- I do not want us to have foreign policy empt dividends from taxation. heads. In the Ukraine, where there was failures. I do not want us to have an economy that is in trouble. I want this That is interesting. Certainly, if one once a missile with a nuclear warhead were discussing tax reform, if that aimed at the United States of America, President to succeed. I am a Democrat. He is a Republican. It is in my interest were the subject, they would have that there is now no missile, no nuclear and our country’s interest for him to as part of their discussions, no ques- warhead, and sunflowers are now plant- do well. It is also in our interest, where tion about that. Of course, that is not ed on that ground. Is that progress? we have differences of opinion, dif- the subject at the moment. The subject Boy, I think so. ferences on policies, for us to bring out at the moment is, should we do an eco- This is ground up copper from a Rus- those differences and debate them ag- nomic stimulus package? So the Presi- sian submarine that I assume at one gressively. dent takes the opportunity to say let’s point or another was lingering off the There is an old saying that when ev- exempt dividends. east coast of the United States with eryone in the room is thinking the I am wondering why exempting tax- missiles in its tubes armed with nu- same thing, no one is thinking very ation from dividend checks has a pri- clear warheads. But we did not sink much. I know some do not like that. ority over exempting taxation from that submarine. This is copper wire There are some who think if questions work, such as paychecks. Dividend ground up from a submarine that was are raised these days, shame on you. checks should be exempt; paychecks taken apart under the Threat Reduc- But with the challenges we have in should be taxable? Is that a value sys- tion Program. both domestic and foreign policy, we tem that says let’s tax work and ex- Senator LUGAR, who is a real cham- ought to have questions flying from empt investment? If so, does that make pion of this issue, and former Senator every direction in every corner and sense? I do not know. I do not know Nunn were the first to start the fund- every philosophy of this Chamber and how one chooses that approach. I will talk now about where we are ing by which we actually paid to de- then pick the best of those ideas and and how we have gotten to this point. stroy weapons of our adversaries with suggestions. whom we had agreements on nuclear There is a tendency for each side to Mitch Daniels, who runs the fiscal pol- weapons reductions and the reduction want the other to lose these days, and icy program at the White House—he is of delivery systems. so instead of getting the best of each, at the Office of Management and Budg- We sawed the wings off a bomber; a we get the worst of both, and that does et—has been the prognosticator of submarine, we simply took it apart and not serve the interests of this country, where we have been and what we have been doing. ground up the copper wire. Is that whether it is foreign policy challenges, On March 2, 2001, which is not quite 2 progress? I think it is. If we do not in which I just discussed, or the chal- years ago, he said: this country assume world leadership lenges in economic policy which I am It has become clear that this new era of in stopping the spread of nuclear weap- going to talk about for a moment. We ons and reducing the stockpiles of nu- large surpluses is more dangerous to the tax- really need to understand that there is payer than the preceding era of large defi- clear weapons, our children and grand- not only one way to address these. On cits. children will almost certainly see a fu- some occasions, there are wrongheaded So Mr. Daniels was gnawing at his ture in which nuclear weapons are ideas, things that will make things fingernails worried about these large used. worse with the economy or with for- surpluses: Woe are we; the surpluses It is our job, our responsibility to be eign policy. There are some good ideas, are going to kill us. He said these big a world leader in this area. There are some brilliant ideas, some in the mid- surpluses are a big problem. That was some who seem not to understand or dle. Our job is to select from the range about 2 years ago. care about that responsibility. We have of alternatives and to work with this Then about a year and a half ago, he some right now in this town talking President. said: about designing new nuclear weapons. I will talk for a moment about the We’re going to have an enormous surplus, Let’s design a nuclear weapon, a de- challenge with respect to the economy. $160 billion or more. signer nuclear weapon, that will be a I know there are others who want to So he must have gotten his crystal cave buster. Hard to get into caves? speak. I started by talking about the ball at a Dollar Store, I guess, because Let’s design a little new nuclear weap- Estrada nomination, but I do want to in November—that is, about 15 months on to drop on a cave someplace. take a moment to talk about the for- ago—he said: Apparently, after the al-Qaida situa- eign policy and the economic policies It is, regrettably, my conclusion that we tion in which they hold up in caves, we that I think are significant challenges are unlikely to return to balance in Federal have some people thinking they can as well. accounts before, possibly, fiscal year 2005.

VerDate Dec 13 2002 04:19 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\G12FE6.105 S12PT1 February 12, 2003 CONGRESSIONAL RECORD — SENATE S2277 What happened in that short period system that is curious to me. Why matter of choices. I asked, What of time? Well, we ran into a recession. would work be taxed and investment be choices? Exempting dividends? Or fund- I stood at this desk when they were exempted? Is work less worthy than in- ing an Indian school that does wonder- proposing their $1.7 trillion tax cut and vestment? ful things for people who want to ad- said: How can you be so certain? Maybe Yesterday, we had 10 Nobel laureates vance their education? we will not have surpluses. Maybe we in the field of economics, along with These are the choices. Yet there are will run into some problems. Guess 400 economists, who put an ad in the too many wrong choices being made. what we ran smack into. A recession, a New York Times, I believe it was—it My hope is as we confront these eco- September 11 terrorist attack, a war could have been the Washington Post— nomic challenges and foreign policy against terrorists, the largest cor- saying that this proposed fiscal policy challenges, this country will succeed. porate scandals in the history of this is going to lead to bigger deficits and We have survived a lot. This country country, the tech bubble burst, the bigger problems; it is going to saddle has been through a lot. We have sur- stock market pancake, and all of those our children and their children with vived a Great Depression. We beat back surpluses that Mr. Daniels was worried the burdens that we create, and it the oppressive forces of fascism and about turned to big deficits. makes no sense at all. It certainly will Hitler. This country has achieved what Did that change Mr. Daniels’ mind not stimulate or jump start this econ- no other country in the world has about what we ought to do with the omy. achieved. But it is not because it has economy? Oh, no. He has only one This country is a strong, resilient made bad choices, it is because it made speed in his transmission. In January— country. It will overcome bad policies good choices. just a year ago—he said: from Democrats and Republicans, and The question is, What are those good We project effective balance in 2004. it has had plenty in two centuries. It choices? They do not come from one lo- has also been benefited by good poli- So he is still using that same crystal cation. They come from all corners of cies, by visionaries who had the ball. A month later he says: this Chamber, all corners of this coun- strength and the endurance to stick to try. They come from, yes, the execu- Despite everything, the outlook is prom- those good policies that they knew ising for balance in the year after next and tive branch, but they come from the for a return to large surpluses thereafter. would allow this country to grow, that legislative branch, as well. It does no they knew would invest in working That was 1 year ago. Still predicting, service to our country to not have an families, they knew would give inves- Mr. Daniels says: aggressive, vigorous debate about these tors and entrepreneurs an opportunity. issues. Despite simultaneous war, recession and This country is a great place, but it emergency, we are in a position to fund the Let me finish where I started. I don’t faces very serious challenges at the requirements of victory, plus a stimulus particularly enjoy coming to the floor moment. Those challenges will not be package, and still be near balance. of the Senate saying we ought not vote resolved—domestic and foreign pol- That was 1 year ago. at this point on Mr. Estrada. That is of icy—by having our heads in the sand. March 27—11 months ago: The U.S. Mr. Estrada’s doing, not ours. That is Al-Qaida and terrorism is a very seri- budget is in an extremely good posi- of the White House’s doing, not ours. ous abiding threat in this country tion, Daniels said, adding that: When they ask us to give someone a right now. OMB expected the fiscal year 2002 budget The fact is, homeland security is not lifetime appointment to the Federal deficit to be about $50 billion. adequately funded and everybody bench, and then say to us we have no This is a guy who was excessively knows it. But no one will admit it. right to receive answers to basic ques- worried about having surpluses that North Korea is a bigger problem than tions asked—questions asked and an- were too large. I assume he was not Iraq and everyone understands and no swered by other candidates—we have sleeping; he was worried about large one will admit it. Yes, Iraq is a prob- no right to those answers, then we have surpluses. A year later, he is saying it lem, but it is not the only problem. It a responsibility to say, well, advise and is only going to be a $50 billion deficit. does not even lead the list with respect consent does not mean that we That will be the smallest recession def- to North Korea and the issue of ter- rubberstamp anything sent down to the icit in modern times. rorism. Congress. It means it is an obligation But then we come to February 2003, Having said all that, against that of ours to evaluate. Is this person wor- the same man, same crystal ball appar- backdrop of foreign policy challenges thy of being on the Federal bench? How ently, same prognosticator: as aggressive and difficult as we have do they reason? How do they think? Our projections, which incorporate ex- seen in some long time in this country, How do they approach this job? traordinarily conservative revenue esti- we have an economy that is sputtering I mentioned when we asked ques- mates, see deficits peaking this year, head- and has lost strength. It will not gain tions, or my colleagues on the Judici- ing back thereafter. strength by deciding to borrow more ary Committee asked questions of Mr. Now let me show the chart of Mr. money and add to the Federal budget Estrada, he said he would not answer Daniels. In 2002, he predicted our sur- deficit and do it for the purpose of re- them. Those same questions were plus would be $283 billion. We did not ducing the tax burden of those at the asked of Mr. Hovland. He is now a dis- have a surplus. We had a deficit of $159 upper income levels. trict judge. He answered. Questions billion. In 2003, he predicted we would Upper income people are wonderful were asked of Freda Wolfson. She an- have a surplus of $334 billion. We did people who do a lot for this country. swered the questions. Ed Kinkeade an- not have a surplus. We had a deficit of But should a proposal, when we are up swered the questions. Linda Rae Reade $304 billion. In 2004, he predicts a $387 to our neck in Federal debt—should a answered the questions. All are Federal billion surplus. He missed it by well proposal that gives an $80,000 average judges now because they came to the over half a trillion dollars. tax cut to the American who earns $1 Congress, not expecting and demanding I do not know what to make of this. million a year be a priority in this to be approved, just presenting them- This is the guy who is driving the country? selves as the President has done stage, with apparently 8 or 10 runaway Yesterday, I was at a hearing and I through nomination, to say, here I am; horses, and does not have the foggiest was told by the Secretary of the Inte- now, Members of the Senate, your job idea what is happening in this econ- rior: By the way, we will close, we will is to give advice and consent and to omy. He says we are going to have big zero fund a school called the United vote on this nomination. I am willing surpluses—that is his biggest fear— Tribes Technical College. It is a won- to answer questions. Here I am. Here is turns them into the largest deficits in derful school, 32 years in existence. Na- who I am. Ask me questions. I will an- this country’s history and says: Oh, by tive Americans from across the coun- swer them. the way, I can solve that. Let’s do try, some 40 States, go to school there. Mr. Estrada’s approach was different. more tax cuts, the bulk of which will It gives them a chance in life. These He said: Here I am. But I will only tell go to upper income people, and let’s de- schools are very important. Why are you my name and you get a chance to cide to keep taxing work but we will we going to defund it? Why doesn’t the look at me, but I will not answer your start exempting investment—a value administration want to fund it? It is a questions. We cannot allow that to

VerDate Dec 13 2002 03:28 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\G12FE6.107 S12PT1 S2278 CONGRESSIONAL RECORD — SENATE February 12, 2003 happen. If it happens on this nomina- in Missouri and around the country. It House of Representatives two terms in tion, it will happen on the next nomi- will also inhibit our ability to accom- a row. It is time tested. It is supported nation. plish what we need to do in health care on a bipartisan basis in the House. It What we have said to Mr. Estrada is, for small business. has the broad support of the small answer the questions. We have sub- HEATH CARE INSURANCE business community. It would not cost mitted a list of things he refused to an- I will take a few minutes and talk the taxpayers of this country a dime. I swer that others have routinely an- now about what could be the most sig- am talking about association health swered. We said: Release the informa- nificant measure that we could pass to plans. tion from your term working in the So- expand the cause of access to health in- Let me explain what association licitor’s office. Others have done that. surance for people who work for small health plans are. The best way to think Mr. Estrada is not a judge so we do not businesses in this country. of them is that they would simply em- have much of a record to go on regard- I chaired the Small Business Com- power small businesspeople of whatever ing how he thinks and how he ap- mittee in the House for two terms, and kind to get health insurance on the proaches his responsibilities. from the time I did that, I made it my same terms that big companies already He should, and I hope he will, decide point to interact with small business can. AHPs would reduce the cost of to meet the basic requirements of pro- people around the country and espe- health insurance to small businesses by viding information to the Senate. cially around Missouri. They have a 10 percent to 20 percent. This is how When he does that, in my judgment, I number of problems they are con- they would work. We need to pass a law think we ought to proceed. Until he fronting: Taxes are too high; in many empowering or enabling the major does, in my judgment, we ought not cases they face regulations that do not trade associations, the Farm Bureau, proceed under any circumstance. make any sense, that inhibit them and the Chamber of Commerce, the NFIB, Our job is to give advice and consent hurt them and burden them and accom- the medical associations, to sponsor on a lifetime appointment. Anyone who plish nothing in terms of environ- ERISA health care plans, including self treats that lightly does not understand mental quality or worker safety or any insured plans, the same way big compa- the responsibility under article II of of the social goals we want to achieve. nies can. the Constitution. Many small businesses have difficulty Then, if you joined the trade associa- Let me finish by saying I take no getting access to the capital they need tion, the association would have to pleasure in saying that Mr. Estrada has to grow, to expand, to create jobs. offer you coverage under the plans. additional requirements in front of Those are all problems. We need to They would have to offer it to you. him. But it is he himself who has vis- work on all those problems. But the They would have to carry you. So if ited that upon this Senate. Had he an- No. 1 problem facing small business in you were a small business you could swered the questions and provided the this country today is the rising cost of join the trade association and it would information, we would not be in this health insurance premiums. I have seen be as if you were becoming a little divi- situation. But we are in this situation it all over the State of Missouri. I have sion of a big company. It would be as if of requiring this nominee, before he is been in places in Cape Girardeau, in your small business had been bought voted upon, to provide the basic infor- Columbia, in Joplin, where small busi- by a bigger company and all of a sud- mation that we have requested in con- ness owners report to me premium in- den you were part of a large national sideration of whether he ought to re- creases of 25 percent in 1 year or pre- pool of people without having to pay ceive a lifetime appointment on the miums doubling over 3 years. The ef- the marketing costs or the profit mar- second highest court in this country. If fects of this are incalculable. Small gins of big insurance companies, and and when he provides that information, business people cannot compete effec- with much reduced administrative I will be happy to vote and make a tively for employees. They have to buy costs. One of the big reasons small judgment on Miguel Estrada. poor quality health insurance, and in businesses have to pay more for health I yield the floor. some cases have to drop their health insurance is that the administrative The PRESIDING OFFICER. The Sen- insurance altogether, or else the high cost for small businesses is so much ator from Missouri. premiums suck up money they want to greater. Mr. TALENT. Mr. President, I rise put in wage increases or to expand the As I said, this would not cost the tax- first of all in support of the Estrada business. The high premiums are tre- payers a dime. It is not a Government nomination and to say a word or two mendously unfair to them, very bad for program. It just allows small busi- about it. Mr. Estrada’s qualifications the country and, most importantly, nesses to pool together to help them- are excellent. I reviewed them the very bad for the people who work for selves and their employees. It is not a other day and it struck me that the small businesses. Of the 41 million peo- revolutionary change, but the impact man is so smart it is almost scary: ple in the United States who are unin- would be revolutionary on people who Harvard Law School, Phi Beta Kappa sured today, almost two-thirds of them work for small business who would graduate, clerk of the court of appeals, own a small business or work for a have access to health insurance. The clerked on the Supreme Court, argued small business or are dependents of number of uninsured would be reduced numerous cases before the Supreme somebody who owns a small business. by millions of people. Court. The impact on them is enormous. We have gone years without really I clerked on a court of appeals, and I And think of the impact on the rest good news in the health care sector, mean no disrespect to the members of of the health care system. Just because and association health plans have the the Federal judiciary when I say I wish these folks are uninsured doesn’t mean potential to be that good news. As I every Judge had Mr. Estrada’s quali- they don’t get sick. At a certain point, said, the bill has a history already, at fications when he or she went on the when they get sick enough they go to least in the House. It was introduced bench. Mr. Estrada is competent, quali- the emergency room or they go to the first in the 104th Congress 6 or 7 years fied, honest, and he deserves to be on hospital. Since, those costs are cur- ago by my good friend, then-Congress- the court of appeals. rently unsponsored, they have to be man Harris Fawell. We passed it twice I regret the filibuster that is cur- shifted to the rest of the population or 2 years running in the House. It had rently underway to prevent his con- hospitals have to eat those costs. What strong bipartisan support. I think the firmation. It is unfair to him. It is bad a difference it would make to the peo- bill when we introduced it originally in for the country. Worst of all, it intro- ple of this country and the small busi- the House had 85 Republicans and 25 duces a note of discord into the Senate ness sector and to the economy if we Democrats, including the ranking that makes me discouraged about our could introduce and pass a measure member of the Small Business Com- ability to do the other things we need that would help cover folks who cur- mittee in the House. It has very strong to do for this country—to pull together rently are uninsured. We can do that. support already in this body. I am behind a prescription drug plan, behind I have talked about the bad news. pleased to say the chair of the Small a jobs bill, behind a strong defense that The good news is that we have an idea Business Committee, Ms. SNOWE, is a will protect our men and women in uni- that can fix this problem very substan- strong supporter. Senator BOND is a form, protect our country, create jobs tially. It is an idea that passed in the strong supporter.

VerDate Dec 13 2002 03:28 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\G12FE6.110 S12PT1 February 12, 2003 CONGRESSIONAL RECORD — SENATE S2279 There is simply no reason why we the Small Business Committee and nity. This is, as he has very well stat- cannot pass this bill. There is nothing people who are supportive of small ed, an extraordinary problem for the in this bill that implicates any of the business in the Senate. reasons he has outlined. great philosophical divisions that sepa- Obviously, as has been said, the ben- It is amazing to me that the small rate the two parties on other kinds of efit of an AHP, or association health businesses in this country continue to issues. The bill is in the mainstream of plan, is by allowing small businesses try to provide coverage. As we know, in both political parties. It would make a with similar interests across State his State as well as mine, they are all huge difference for America, for small lines, across the country, to come to- paying about 30 percent more in terms business, and for the people who are gether in one pool; they can gain the of the premiums than larger compa- uninsured, and we simply ought to get efficiencies of purchasing in volume; nies, and in many instances they have it done. They can gain the advantages of ad- a rapid turnover in terms of the compa- That is the kind of thing I am look- ministering overhead, which can be nies that are available to them. ing forward to working on in the Sen- spread across many businesses. For the This really is an extremely signifi- ate. Let us have an up or down vote on same reason that you pay less for soda cant part of the whole crisis in terms the Estrada nomination and then move in cans if you buy it by the case, or of the uninsured. There are a number forward together. multiple cases, than if you buy it one of different proposals to which we will We have to be able to create jobs. We at a time, buying health care is much have a chance to give focus. But I cer- tainly welcome the fact that he se- have to do something about the health the same. No. 1, you get efficiencies of lected as his maiden speech the whole care situation in this country. We have scale. You also have an opportunity to issue and question about the uninsured to attend to the national defense. We spread the risks. Those who have taken and the challenges that businesses, and should confirm the President’s quali- time to study health care know that small businesses, face. We may have fied nominees such as Mr. Estrada and the broader the pool, the broader the some difference in just how to deal then move on and pass this necessary actuarial component is, the more rea- with the issue, but I certainly look for- measure for small business and for the sonable the limits will be. ward to working with him and others people of the country. I see my colleague from Massachu- to see how we can make progress. I yield the floor. setts is ready to take the floor. I thank him for his statement and for The PRESIDING OFFICER (Ms. COL- Mr. TALENT. Will the Senator yield the fact that he is focusing on an issue LINS). The senior Senator from Mis- for just a moment? I certainly will not that is of such importance to our fel- souri. delay the Senator from Massachusetts. low citizens; that is, the question of Mr. BOND. Madam President, it is a He has been very kind in allowing me the uninsured and how we are going to great pleasure today to be able to wel- to speak, but I wanted to thank the continue to provide insurance for small come my new colleague from Missouri Senator for his kind remarks about me businesses. to this body. I think he will find, since and many kindnesses to me, and espe- Madam President, one of our most we are not limited to 1 minute on this cially coming out on the floor. I also important responsibilities as Senators side of the Capitol, that remarks are want to say, because I see the senior is the confirmation of federal judges. not nearly as concise as they would be Senator from Massachusetts and the These are lifetime appointments. Long in the other body. But certainly his ex- Senator from Nevada and the Senator after we have served our Senate terms, perience there will be of great value. from Utah, how impressed I have been the judges nominated by the President I have been proud and pleased to and how much I feel welcomed by the will continue to interpret the Constitu- know JIM TALENT and his wonderful many senior Members of this body who tion and federal laws. A President’s family for many years in the State of took a moment to come over on their nominees are an enduring legacy that Missouri. I knew him when he served as own and say hello to me. I am just will affect the life of our country and the Republican leader in the legisla- grateful for that. It is a real mark of the lives of our constituents for many ture. I worked with him closely when the congeniality of the Senate. I appre- years to come. he was the chairman of the Small Busi- ciate it. The important work we do in Con- ness Committee in the House. There I thank my friend and colleague from gress to improve health care, reform was a time when the State of Missouri Missouri for yielding. public schools, protect workers rights, had double duty in small business and Mr. BOND. I thank my colleague. I and ensure enforcement of civil rights it was a pleasure to work with him appreciate the indulgence of the Mem- means less if we fail to fulfill our re- then. bers on the floor. sponsibility to provide the best pos- I also know his children and his won- I yield the floor. sible advice and consent on judicial derful wife, Brenda. They are a great Mr. HATCH. Madam President, if I nominations. Tough environmental family. They make a great team. This may ask my colleague from Massachu- laws mean little to a community that fall I got to see a lot of them. They setts for a moment of privilege, I want can’t enforce them in our federal give him the courage and the support to personally praise my colleague from courts. Civil rights laws are undercut if he needs to do an excellent job. Missouri for his maiden speech today there are no remedies for disabled men We also were very saddened that his and for the excellent job he has been and women. Fair labor laws are only father, who meant so much to him, did doing ever since he began here. I just words on paper if we confirm judges not live to see him achieve this victory wish we had him on the Judiciary Com- who ignore them. in the end of the campaign. He lost his mittee as well because we know the For all of these reasons, we must father and, while it was quite a blow to great lawyer he is, and we also know carefully review the qualifications of him, he persevered. It was a mark of about the terrific experiences he has federal judges, particularly nominees the man that he came through these had over in the House and also in pri- to the DC Circuit. Because the supreme very difficult times. vate practice. Court hears relatively few cases, the I know this body will benefit from I just want him to know how much appellate courts are frequently the JIM TALENT’s contributions. He has we appreciate having him in the Senate courts of last resort for millions of been a champion for association health and how proud I am of him every day. Americans. And, of those appellate plans, which I think are essential for I thank my colleague from Massachu- courts, the DC Circuit is one of the enabling small businesses to partici- setts. most important. It has a unique and pate in the competitive marketplace, The PRESIDING OFFICER. The Sen- prominent role among the Federal to secure health insurance for employ- ator from Massachusetts. courts, especially in interpreting ad- ees and their families. JIM has cham- Mr. KENNEDY. Madam President, I ministrative law, and it has exclusive pioned this idea on the House side. I join with my colleagues in drawing at- jurisdiction over many laws affecting know it is a top priority of the Presi- tention to the remarks of our new col- the workplace, the environment, civil dent and the Secretary of Labor, and it league from Missouri speaking on the rights, and consumer protection. For is good to have him leading this charge issue of health insurance, the unin- the most vulnerable among us, the DC in the Senate now, along with Chair- sured and the challenges which are out circuit is often the final stop on the man SNOWE and the other members of there for the small business commu- road to justice.

VerDate Dec 13 2002 04:19 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\G12FE6.113 S12PT1 S2280 CONGRESSIONAL RECORD — SENATE February 12, 2003 Given its location and jurisdiction, from the harmful effects of automobile The DC Circuit’s willingness to over- the D.C. Circuit has often decided im- exhaust. In addition, the court took turn National Labor Relations Board portant cases involving separation of strict action when it upheld the ban on decision is deeply troubling because of powers, the role of the federal govern- the manufacturer and sale of the pes- the precedents being established. In ment, the responsibilities of Federal ticides DDT, heptachlor and chlordane. Freund Baking Co. v. NLRB, it re- officials, and the authority of Federal But in the mid-1980s, conservative versed the NLRB and set aside a union agencies. In the 1960s and 1970s, the DC judges on the DC Circuit began cutting election because the court felt that a Circuit had a significant role in broad- off access to the courts for environ- wage and hour lawsuit brought on be- ening public access to agency and judi- mentalists and injected an anti-envi- half of several workers shortly before cial proceedings, expanding civil rights ronmental point of view into decision the election interfered with a fair elec- guarantees, overseeing administrative after decision, regardless of even Su- tion. agencies, protecting the public interest preme Court precedents. In American In Macmillan Publishing. Co. v. in communications regulation, and Trucking Associations v. EPA in 1999, NLRB, the board had overturned a strengthening environmental protec- the DC Circuit issued a harsh decision union representation election, finding tions. denying the EPA the authority to es- that a company prevented a fair elec- In the 1980s, however, the DC Circuit tablish health standards for smog and tion by distributing a leaflet telling changed dramatically because of the soot. That decision was unanimously employees to vote against the union or appointment of conservative judges. As reversed by the Supreme Court. In an- risk losing a previously announced its composition changed, it became a other notorious decision, Sweet Home wage increase. The DC Circuit reversed move conservative and activist court— Chapter of Communities for a great Or- the board’s action. striking down civil rights and constitu- egon v. Babbitt, it struck down habitat The DC Circuit’s hostility to the tional protections, encouraging deregu- protections for endangered species. NLRB, to the detriment of workers and lation, closing the doors of the courts This decision also was reversed by the their unions, is also illustrated in to many citizens, favoring employers Supreme Court. other cases dominated by Reagan Bush over workers, and undermining federal When Congress passed the National appointees. In International Paper Co. protection of the environment. Labor Relations Act, it guaranteed v. NLRB, the court overturned the In the 1960s and 1970s, the DC Circuit workers the rights to join a union board’s decision and held that the com- expanded public access to administra- without discrimination or reprisal by pany’s permanent subcontracting of tive proceedings and protected the in- employers, and to bargain with em- employees’ job during a lockout was an terests of the public against big busi- ployers over the terms and conditions unfair labor practice. In Detroit Typo- ness. For example, the court enabled of employment. The National Labor graphical Union v. NLRB, the court more plaintiffs to challenge agency de- Relations Board interprets and en- overturned the NLRB’s determination cisions. It held that a religious group— forces the act and reviews appeals of that Detroit News and Free Press had as members of the listening public— decisions by administrative law judges. committed an unfair labor practice could oppose the license renewal of a NLRB decisions are appealable to the when it unilaterally implemented a televisionstation accused of racial and circuit court, where the unfair labor merit pay proposal immediately prior religious discrimination. It held that practice is alleged to have occurred, or to the beginning of a 19-month strike an organization of welfare recipients here the employer resides or transacts by newspaper employees. In Pall Corp. was entitled to intervene in pro- business, or in the DC Circuit. As a re- v. NLRB, the court overturned the ceedings before a Federal agency. No sult, the DC Circuit is always available board’s determination that it was an longer would these agencies be able to as a forum to challenge decisions of the unfair labor practice for an employer ignore the interests of those they were board. to unilaterally revoke a contract provi- supposed to protect. In 1980, the DC Circuit fully enforced sion on ways for the union to obtain But in the 1980s, with the ascent of the board’s decision 83 percent of the recognition at other facilities. conservative appointees, the DC Cir- time, and at least partly enforced the The DC Circuit also vacated a deci- cuit began denying access to the board’s decision in all the other cases. sion by the board to include handi- courts. It held that a labor union could By the year 2000, when the court had a capped workers at a Goodwill produc- not challenge the denial of benefits to 5-to-4 Republican majority, including a tion facility in the same bargaining its members—a decision later over- solid majority of Reagan/Bush ap- unit as other employees. The court turned by the Supreme Court. It held pointees, the DC Circuit enforced in held that the handicapped workers that environmental groups are not full only 57 percent of NLRB cases and were not employees. And in C.C. East- qualified to seek review of EPA Stand- enforced at least part of the board’s de- ern v. NLRB and North American Van ards under the Clean Air Act. These de- cisions just 70 percent of the time. Lines v. NLRB, the court overturned cisions are characteristic of the DC These enforcement statistics put the the board’s ruling that truck drivers Circuit’s flip-flop in the 1980s. After DC Circuit significantly below the na- are employees. Instead, the court held decades of landmark decisions allowing tional average of an 83.4 percent en- that the drivers are independent con- effective implementation of important forcement rate for the board in all the tractors unprotected by the National laws and principles, the DC Circuit is courts of appeals. Labor Relations Act. now creating precedents on labor Given these statistics, it is not sur- Immediately after Congress passed rights, civil rights, and the environ- prising that the DC Circuit has become the Occupational Safety and Health ment that will set back these basic the circuit of choice for employers try- Act of 1970, the DC Circuit issued major principles for years to come. ing to overturn NLRB decisions. In decisions that protected workers from In the 1970s and early 1980s, the DC 1980, the DC Circuit heard only 3 per- job-related hazards. The DC Circuit Circuit advanced the cause of environ- cent of the NLRB appeals heard by the issued a landmark ruling in United mental protection. In this period, the circuit courts. The DC Circuit ranked Steelworkers of America v. Marshall, court interpreted the Clean Air Act in next to last of all the circuits. Only the which upheld OSHA’s standard on lead ways consistent with Congress’ intent. Tenth Circuit heard fewer cases. in the workplace. This case continues In Lead Industries Associations v. As the Reagan/Bush effect on the DC to be important, because it upheld EPA, the court held that the EPA can- Circuit took hold, the court became in- basic principles and protections that not consider economic costs to indus- creasingly attractive to industries, and the agency went on to use in many try in setting air quality standards, be- the court;’s share of NLRB cases stead- other workplace safety standards. cause Congress had made health the ily rose. By the year 2000, the DC Cir- The DC Circuit also held the OSHA paramount concern in setting these cuit ranked first among all circuit Administrator to a high standard in standards. courts in the percentage of NLRB cases implementing the law. In 1983, the Decisions in leaded gasoline cases herd by those courts. Almost one in court ordered OSHA to expedite rule- also significantly advanced the effort five cases—18 percent—were filed in the making on ethylene oxide, a highly to reduce air pollution and protect peo- DC Circuit, and employers brought by toxic substance used to sterilize med- ple—particularly children in cities, far the largest number of these cases. ical equipment. In a subsequent case,

VerDate Dec 13 2002 03:28 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\A12FE6.024 S12PT1 February 12, 2003 CONGRESSIONAL RECORD — SENATE S2281 the court sent an ethylene oxide stand- title VII even when there has been no tration has its way, we will see the ard back to OSHA for failure to adopt loss of tangible job benefits. The court continued erosion of civil rights laws. a short-term exposure limit that would also held an employer can be held lia- It is obvious that Mr. Estrada has have made the standard more protec- ble for sexual harassment by a super- been nominated to a court that is over- tive. visor, even if the employee is unaware turning important precedents and mov- In 1987, after unacceptable delay by of the supervisor’s actions. ing farther and farther to the right—a OSHA, the court ordered the agency to These cases were all important steps court that disregards congressional in- issue a field sanitation standard requir- on civil rights, enormously important tent and the letter and spirit of the law ing toilets and drinking water for to the kinds of conditions in the work- it has a duty to respect—courts like farmworkers, to protect them from dis- place, particularly for women on equal the current administration, more in- ease. pay and also in terms of the issues on terested in serving big business than in Today however, employees no longer sexual harassment. This was major serving justice. see the DC Circuit as a court in which progress in decisions made by the DC As I reviewed just briefly why this to bring worker safety and health ac- Circuit. nominee is so important, we get asked tions. Despite the court’s earlier will- People say: Why are we so concerned why is this particular nominee so im- ingness to hold OSHA to its statutory about this particular nominee? I have portant? As I mentioned, it is the DC mandate to protect workers, workers been trying to review for the Senate, Circuit. It is making and has made are turning elsewhere for relief, and big this afternoon, these various areas. these judgments time and time again business is counting on the DC Circuit Whether we are talking about the envi- in protecting individuals and the envi- for assistance. It is no accident that ronment, whether we are talking about ronment and protecting workers. We the National Association of Manufac- worker safety, whether we are talking have seen a significant shift in recent turers and other trade associations about issues on women’s rights—equal times. What we are trying to find out who filed a lawsuit to overturn OSHA’s pay, freedom from harassment—all of is what the nominee’s views are in the ergonomics standard chose the DC Cir- these judgments and decisions that general areas I have mentioned in cuit to bring their petitions for review. have been made by the DC Circuit have which this court has such important In decades past, the DC Circuit was advanced the cause of greater protec- jurisdiction. in the forefront of upholding Federal tion and greater equality for the citi- We could get no answers on the issue protections for minorities and women. zens in the workplace. of workers rights, no answers on the One of the most notable cases on racial These cases were all important steps issue of civil rights, no answers on the discrimination was a 1969 decision up- on civil rights. But when more conserv- issue of the environment, no answers holding measures to end the over- ative judges were appointed, the tide on the issue of the broad sweep of dif- crowding and segregation of schools in began to change. In 1973, the DC Cir- ferent questions that come in terms of the District of Columbia. In another cuit had required the Federal Govern- administrative agencies and the impor- important decision, the court held that ment to take steps to end segregation tance, what kind of precedence, what a written examination had a disparate in educational institutions receiving kind of latitude they give to adminis- impact on African Americans applying Federal funds. But a decade later, by a trative agencies. No, we are not enti- for positions in the police department. 6-to-4 vote, the DC Circuit held in tled to those answers at all. Absolutely The court held that unless the test had Adams v. Richardson that the plain- none. We just are denied any kind of sufficient relationship to job perform- tiffs could not obtain judicial review of opportunity to hear any response as to ance, it violated the Constitution. the Federal Government’s settlement a court of this importance. We are enti- The DC Circuit also contributed im- with higher education institutions, de- tled to hear the nominee, not for his portant precedents for women seeking spite the Government’s abandonment specific outcomes of a particular case justice and equality. In Laffey v. of its own desegregation criteria. but to show an understanding and a Northwest Airlines, female flight at- The workers and the firms affected grasp and an awareness of the impor- tendants were assigned to the all-fe- by such decisions are well aware that tance of the laws and a sense of the male ‘‘stewardess’’ classification, while the DC Court of Appeals is a powerful type of commitment he has in terms of men who performed essentially the court. This fact is not lost on the cur- fundamental constitutional protec- same job were paid more and called rent administration. For over two dec- tions. ‘‘pursers.’’ The female flight attend- ades, Republican administrations have I urge my colleagues to heed the ants sued Northwest Airlines for sex worked diligently to reshape this court warnings of the many Latino organiza- discrimination. The district court held and other courts. Current judicial tions and leaders who have raised con- that Northeast Airlines had violated nominees are clearly being chosen for cerns about Mr. Estrada’s nomination. Federal law, and the DC Circuit upheld their ideological beliefs. As 52 Latino labor leaders have writ- the argument that the Equal Pay Act None of us should have any doubt ten: extended to identical jobs, and held that the Bush administration is in- America’s working families look to the that it required equal pay for ‘‘substan- tensely pursing this goal today. federal courts to protect our rights at work, tially equal’’ jobs. The President’s nominees to the cir- to stop unfair labor practices by employers, This principle was emphasized in cuit courts are among the most con- and to ensure that employers respect laws Thompson v. Sawyer, involving a claim servative lawyers and judges in the regarding fair pay and equal treatment on of sex discrimination by employees of country. This administration is doing the job. the Government Printing Office. The all it can to reshape the Federal judici- Of all the federal courts, none—other than court held that jobs may be ‘‘substan- ary for a generation or more to come in the U.S. Supreme Court—is more important to working people than the U.S. Court of Ap- tially equal,’’ even it they involve its own conservative image. In doing peals for the District of Columbia Circuit. It work on different machines or equip- so, the administration is undermining is in this court that the legal rights of work- ment, as long as the skills, effort, re- the enforcement of important environ- ing people are won and lost. After a careful sponsibility and working conditions mental, labor, worker safety, immigra- review of Mr. Estrada’s record, on behalf of are the same. tion, and civil rights laws while ad- the working families of America, we have de- All of these decisions are advancing vancing harsh new policies. cided to oppose the nomination of Miguel the cause of equal pay for women in If this administration has its way, we Estrada. the workplace, enormously important will soon be drilling in the Arctic Na- These concerns are shared by the decisions. Because of these decisions, tional Wildlife Refuge, developing and United Steelworkers of America, the we see further compliance by other exploiting wetlands and waterways UAW, Community Rights Counsel, De- companies, knowing that this is the protected by the Clean Water Act, and fenders of Wildlife, Earth Justice, the law and it has to be respected. undermining policies that protect our Endangered Species Coalition, the En- In the late 1970s and mid 1980s, in the environment. vironmental Defense Fund, the Envi- area of sexual harassment, the court If this administration has its way, ronmental Working Group, Friends of held in a series of cases that sexual employees will have fewer labor and the Earth, the , the Wilder- harassment in the workplace violates workplace protections. If this adminis- ness Society, the Mexican American

VerDate Dec 13 2002 03:28 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\CR\FM\A12FE6.028 S12PT1 S2282 CONGRESSIONAL RECORD — SENATE February 12, 2003 Legal Defense Fund, the Puerto Rican ond time in 4 weeks the Congress will about another aspect of the President’s Legal Defense Fund, the Congressional reject President Bush’s inadequate edu- proposed budget to us, with which I Hispanic Caucus, the Congressional cation budget and insist on increased have found serious concern. Black Caucus, and many other organi- resources to carry out school reform. First, on the Estrada nomination for zations. And for the second time in 4 weeks, Re- the DC Court of Appeals, Miguel Earlier today we had meetings with publicans and Democrats in Congress Estrada has been nominated for that the leaders of the Hispanic Caucus. will reject the administration’s ongo- position, and, frankly, the concern I They reviewed with us how they have ing drive to divert scarce public school bring to this issue is that many of my interviewed various nominees over re- funding to private school vouchers. good friends and people whom I respect cent years, how they were able to get I see the Senator from Maine who, in the House of Representatives, in the some kind of a sense, and the degree of with our friend and colleague from Hispanic Caucus, have indicated that support they had given to many other Connecticut, during the authorization they oppose his nomination. When I nominees who they had a particular in- spoke so eloquently about the impor- said many, I should have said all. They terest in, who had a Hispanic back- tance of funding of title I. We made im- had quite a discussion and quite a pe- ground, and how they interviewed this portant progress in including approxi- riod of investigation of this nomina- nominee. mately 500,000 more children who tion, and they concluded unanimously I will take some time tomorrow to would be eligible for title I as the re- that the Hispanic Caucus of the House review in some detail with the Senate sult of the omnibus bill. of Representatives would oppose the their conclusions and their observa- The final year budget which effec- nomination. I have been contacted by tions. They are the ones who speak for tively will provide resources that will several members of that caucus and the Hispanic community. They are the be available to the school systems this urged to resist the nomination in the ones who understand the hopes and spring will provide 3.2 billion in edu- Senate. As I say, I have not taken the dreams of so many of our Hispanic cation over the previous year and 2.8 time to look into it in detail myself, brothers and sisters. They are the ones billion over President Bush’s budget. but I have great respect for these gen- who have, through life experience, a Title I, the key school reform program, tlemen and women who have worked keen awareness and understanding the No Child Left Behind, would be in- hard on this issue, and their strong op- about the importance of justice. creased by $1.4 billion, helping half a position is of concern to me. But some of the statements they million more needy children to be fully I am also concerned that not a single made this afternoon, which I found so served. In my State of Massachusetts, Democratic member of the Senate Ju- compelling, were the fact that when 46,000 more children will be served. diciary Committee determined to sup- the dust settles on the Presidency, IDEA will increase by $1.4 billion, put- port the nominee after hearing the whether it is one party or the other, ting us a step closer toward fully fund- nominee’s answers to questions before when the final action is taken in the ing the program as promised. My own the committee. I share my colleagues’ appropriations and the legislative State of Massachusetts will see a $32 concerns as expressed by many of those branch, the one place the Hispanics million increase in special education members on the Judiciary Committee have historically been able to look to funding. that we simply do not have enough in- and have a sense of confidence has been Support for improved teaching qual- formation about this nominee at this the American judicial system. They ity and reducing class size will increase time to cast an informed vote. During consider it sacrosanct in terms of the by $100 million—not nearly enough, but his confirmation hearing, he was not types of challenges they are facing we are going in the right direction. We willing to answer many basic questions will improve the quality of 24,000 more daily in our society. They challenge us that were propounded to him. He was teachers across the country. Programs to preserve that kind of equality. evasive when asked about his judicial They reviewed in careful detail, not that help English language learners philosophy. He refused to provide sam- just for us but for Americans, in the master English will increase by $25 ples of his work from the time he form of our meeting this afternoon million and will help 37,000 more chil- served in the Solicitor General’s Office. with the press exactly why they are so dren learn English. There have been requests for informa- We have made strong steps toward strongly opposed to this nominee. tion made that, in my view, have been meeting the promises of full funding I stand with these groups and the reasonable. outlined in No Child Left Behind and millions of Americans they represent As I understand it, the chairman and NIDA. But it is not enough. Teachers and urge the Senate to reject the nomi- ranking Democrat on the Judiciary and students need more support. nation. Committee and Senator DASCHLE are Teacher shortages are getting worse, continuing to request additional infor- EDUCATION FUNDING class sizes are increasing, State defi- mation before any vote is cast on that Mr. President, I see my friend and cits are skyrocketing. So we have a colleague from New Mexico. I would nomination. good deal of work to do. But as a result Some have attempted to turn this de- like to, if I may, proceed for about 3 or of the decisions that have been made 4 more minutes on a different subject, bate into a debate about the nominee’s recently in the Senate and in the con- ethnicity. I don’t believe that is the but one I know he is very much inter- ference report, there is some good news issue. I have supported many Hispanic ested in. I think it is important to on the way. candidates. In my State, I had the bring to the attention of the Senate. I thank my friend and colleague from That is the outcome of the omnibus New Mexico for permitting me to fin- great honor to recommend to President 2003 budget in the area of education. ish. Clinton, our previous President, and he We are going to have the final budget I yield the floor. in fact appointed a Hispanic nominee conference report in the next several The PRESIDING OFFICER. The Sen- to our Federal court in New Mexico. hours, but there are a number of parts ator from New Mexico is recognized. But that support was based on having a of it that effectively have been closed. Mr. BINGAMAN. Madam President, full record regarding the candidate’s It is important, since it affects the let me first thank my colleague from qualifications in each case. We do not families in this country who are con- Massachusetts for his eloquent state- have a full record as to this nominee at cerned about education, that we take a ment on the Estrada nomination and this point. I hope when we attain it, moment to review the positive out- also his other statement about the then we can move forward with the come that has taken place in the omni- level of funding for education con- vote at sometime in the future. bus 2003 budget that marks a victory tained in the omnibus appropriations THE PRESIDENT’S PENSION PROPOSAL for parents and teachers and principals bill. I know how hard he has worked on Madam President, I want to talk for and schoolchildren across the Nation. that issue for many years. I commend a few minutes about a set of proposals When the omnibus 2003 spending bill him for the progress that has been the administration has made related to is reported out of conference later to- made, and I agree with him that much pension coverage that I think are of se- night, it will include an education more progress needs to be made. rious concern. You might say, where budget increase that is eight times I want to say a few words about the does that fit into the other major President Bush’s request. For the sec- Estrada nomination and also talk issues being discussed here? As I see it,

VerDate Dec 13 2002 03:28 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\CR\FM\A12FE6.022 S12PT1 February 12, 2003 CONGRESSIONAL RECORD — SENATE S2283 the President has presented his new need help the least. The President’s the first to point those out, and I have budget to the Congress, and part of proposal is based on the creation of two pointed them out many times. But to that budget involves reductions in rev- new super-IRAs: There is the RSA, Re- take away what we currently have in enue. Now, the portion of those reduc- tirement Savings Account, and the the way of a private retirement system tions in revenue that has been focused LSA. Each of these would allow indi- and the incentives that underpin that on most is the stimulus package, the viduals to set aside $15,000 a year in the system at this time I think would be recommended elimination of the tax on two together for favorable tax treat- very wrongheaded. dividends from stock, the recommenda- ments. Those with additional resources There is a rational basis for encour- tions to accelerate the anticipated would be able to set aside an additional aging employer-provided plans. Let me changes in the income tax rates; all of $75,000 a year for other family members show this chart which gives some sta- that has been what people have focused who could set up their own LSA; so if tistics. This is a Department of Labor on. you had two or three children, or a chart. It shows that for all workers for There are other parts of what the spouse, you could certainly do it for 1999, the coverage for all private sector President has proposed to us which are them as well. While some would benefit workers was 44 percent. That is, 44 per- also deeply troubling. I think it is time from this type of arrangement, the cent of private sector workers in the we begin to focus on those. The Presi- vast majority of Americans would be country had some kind of pension plan. dent has made some recommendations unable to find the resources to save on In those firms where the employer that I think carry with them some their own. sponsored a plan, it was substantially great danger. The creation of these new accounts higher. It was 58 percent. The partici- Let me address the first chart called negates the tax advantages currently pation when the employer sponsored a ‘‘Passed and Proposed Tax Cuts.’’ This available only for employer-provided plan was 75 percent for all workers. chart makes the obvious point that, in plans. The likely result is that without The point of this is clearly that em- 2001, Congress passed a major tax cut these current tax advantages, employ- ployee participation increases when bill which, over a 10-year period, was ers will simply stop offering their employers are sponsoring a plan. We estimated to reduce revenue to the plans. It will no longer be economical, have the very same thing as Federal Government by $1.35 trillion. That is a and it will no longer be the most effi- workers. The Federal Government says very large tax cut. At the time, there cient way to meet their own retire- that if we wish to put away funds for was great fanfare by those who sup- ment needs. retirement, the Federal Government, ported it that this was the largest tax About 80 years ago, Congress began through the Thrift Savings Plan, will cut in our Nation’s history. It reduced to offer employers preferential tax match the contribution that Federal individual tax rates; it repealed, essen- treatment if they would help their em- workers make up to a certain percent- tially, a temporary estate tax, in- ployees to pay into pension plans. age. I think it is 5 percent, in that creased contribution limits to retire- Then, as now, the Congress appreciated range. ment plans. the need to get the employer involved This is very similar to the kind of Two weeks ago, Congress received in the employee’s retirement savings. employee plan that many have—a the President’s proposed budget for In doing so, we created a series of non- matching plan. Some employers say this year. That budget says we should discrimination rules to guarantee that they will match dollar for dollar; some add to the $1.35 trillion and the 2002 employers provide benefits to all em- say they will match 50 cents for each stimulus bill a new tax cut, a new se- ployees, not just those who are the top dollar the employee puts in. The main ries of tax cuts that add up to $1.46 tril- level employees. point is, workers will take advantage We have seen many examples in re- lion. People say that is not the right of employer retirement plans when cent months, beginning with the Enron figure. The figure discussed here is 670- those plans are offered. scandal and then in the case of some-odd billion dollars; that is what This chart demonstrates one other WorldCom, and many others, where top it is going to cost, not $1.46 trillion. point, and that is, when you get down individuals in corporate structures But I refer you to the budget docu- to minority representation, the per- have benefited extremely well, while ments that were presented to the Con- centage of minority workers who are the average worker has been left unas- gress. We had a hearing in the Finance covered by pension plans is substan- sisted. Committee the other day with our new We have put in place in the tax law a tially less than the percentage in the Secretary of the Treasury. I asked him requirement that there not be discrimi- population as a whole, and there is about this. He said: I am not sure that nation in pension coverage. We also only 27 percent in the case of Hispanic is the right number. We read it back to created a series of tax incentives that workers, but it goes up dramatically him out of his own budget documents. encouraged employees to set aside where the employer is sponsoring the That is the right number. It includes their own funds in these same ac- plan. It goes from 27 percent to 68 per- the stimulus package, but it also in- counts. The combination of incentives cent. So employer sponsoring of plans cludes the CARE Act, MSA expansion for employers and incentives for em- is a very substantial factor in causing and permanency, and the proposal re- ployees have always been premised on people to save for their retirement. lated to pensions. the employer offering the employees a The administration, in my view, Let me talk about the pension-re- plan in which that employee could should be focusing on ways to encour- lated provisions for a few minutes. In save. age more employers, particularly small my view, these pension-related provi- Over the years, we have made signifi- businesses—in my State, most employ- sions that the President is now urging cant changes and adaptations to the ers are small businesses—to offer their on the Congress could have a dev- system. The primary goal has been to employees plans. We should not be giv- astating effect on retirements and the encourage employer-provided plans and ing employers reasons not to offer ability of workers to save for their re- to encourage employers to assist em- those plans or to discontinue plans tirement. These proposals mark a dan- ployees in this very important finan- they have historically offered. gerous and irresponsible shift away cial goal that employees need to have. Last year, Edward N. Wolf of the from existing policies that are in- The President’s current proposal, in Economic Policy Institute presented a tended to encourage retirement saving my view, dramatically ends this policy, report entitled ‘‘Retirement Insecu- by all of our workers in employer-pro- ends this effort to encourage employers rity: The Income Shortfalls Awaiting vided plans. to help employees save for their retire- the Soon to Retire.’’ That report dem- The proposal the President has made ment. At a time when we are facing onstrated the shift away from defined is to deemphasize employer-provided huge funding deficits in Social Secu- benefit plans to defined contribution plans and essentially take away the in- rity, it seems to me reckless to be con- plans over the last 30 years, and we centives for continuation of those sidering removing the underpinnings have seen that shift. It demonstrated plans and, instead, shift to a system and the stability of our current private that shift has not, in fact, improved where everyone is left to fend for him- retirement system. our Nation’s coverage rate, as it was self or herself. In my view, this would Our current private retirement sys- advertised to do. Instead, it has re- benefit only those in our society who tem has many defects, and I would be duced the overall retirement wealth for

VerDate Dec 13 2002 04:14 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\CR\FM\G12FE6.121 S12PT1 S2284 CONGRESSIONAL RECORD — SENATE February 12, 2003 the bulk of the workers in this coun- excess of a million dollars saw their re- top 10 percent receive 43 percent of the try. tirement wealth increase in 1999. This benefits and the top 1 percent get ap- The primary reason the companies chart shows every other class of re- proximately 10 percent of those bene- have shifted to these defined contribu- tiree. It starts with those with incomes fits. tion plans—and defined contribution of less than $25,000; $25,000 to $50,000; The President’s proposal, as I under- plan, of course, is nothing except a $50,000 to $100,000; $100,000 to $250,000; stand it, would significantly shift the plan which specifies how much will be $250,000 to $500,000; $500,000 to $999,999; Government-provided tax benefits to put in rather than specifying how and then over a million. the upper income categories, as only much a benefit the retiree will finally Between the period of 1983 and 1998, those with disposable income would be receive as a result of a plan—but the the changes in retirement wealth have able to participate. Unfortunately, this primary reason companies shifted to been negative. There has been a reduc- proposal we have been given makes it these defined contribution plans is that tion in retirement wealth for every sin- more cost effective and less adminis- under these plans, the employees make gle group in our society with the excep- tratively burdensome for employees to the majority of the contributions. The tion of those who earned over a million fund their own retirement outside of employee is the one who bears the risk dollars a year. That is the unfortunate the qualified plan. So the result is about what happens to the funds in- reality we face in this country. most workers will find themselves vested in that plan. This reduces the The President’s proposal would speed without an employer-provided plan employer’s cost. It makes it far more up this wealth gap immeasurably by that provides salary deferrals and of- attractive to the employer than a tra- forcing workers to solely fund their tentimes significant employer con- ditional pension plan. own retirement savings. For example, tributions. Instead, most workers will The President’s proposal takes it one under the President’s proposal, a have to put aside their own funds each step further, and it shifts us one step wealthy executive would be able to paycheck, either without a tax benefit further away from employer participa- save almost $50,000 a year with tax or the receipt of a tax benefit that does tion in retirement savings. In many preferences for a family of four, and not come until the end of the tax year. cases, the small business employer meanwhile workers living paycheck to Sadly, for many American families, would be able to save more themselves paycheck would likely be unable to set there are not enough resources avail- with the new IRA, so they could put aside any significant amount for retire- able for them to pay all of their ex- away $7,500, they could put away $7,500 ment. penses and still do what the President for their wife, and they would be able Clearly, what will be good for the top has in mind. to provide certain higher income em- floor will not be good at the shop floor I do not know what all of the motiva- ployees with matches, for the employ- level. This is not the first time Con- tions were behind this proposal. Before we move ahead, I very much hope we ees’ savings as well, without running gress has looked at IRAs. In 1986, as can look at it in great depth during afoul of any current discrimination part of the major tax reform we did hearings in the Finance Committee. As rules. then, we created what we call the ac- far as I can tell, it is designed to pro- Since IRAs are not covered by dis- tive participation rules that are still in vide tax incentives for additional sav- crimination rules or by ERISA, the em- place today. These rules limit those ings by those who need them the least, ployer could pick and choose which who can participate in an IRA based on and it certainly would have the effect employees they want to provide income. The reasons for the rules are of undercutting the employer-spon- matches to; they could provide those simple: Data clearly indicated the only sored retirement system we have long matches in the form of bonuses, or people taking advantage of IRAs at tried to strengthen. whatever. That is not allowed under that time were upper income people As I indicated earlier, I am one of the current rules and, in my view, should who also had employer-provided plans. first to admit the current employer- not be allowed. If an employer wanted, Congress realized then, as we still ap- sponsored retirement system we have they could even contribute to family preciate now, that IRAs are not uti- is not adequate and needs to be members, to shareholders, or to other lized by lower income workers. The strengthened, but eliminating the pri- nonworkers and avoid making con- President is proposing to essentially vate retirement system we have and tributions to the average worker work- replace the current retirement system undermining the incentives for em- ing for that company. with IRAs, and thereby ensuring lower ployers to maintain that system is not I think, for good reason, Congress has paid workers are not saving for retire- the solution to the problem. always opposed the creation of this ment. I yield the floor. kind of mechanism which would open According to the 1999 IRS statistics, The PRESIDING OFFICER (Mr. AL- the possibility for discriminatory that means less than 5 percent of in- EXANDER). The Senator from Utah. treatment among workers. The Presi- come earners who made less than Mr. HATCH. Mr. President, it seems dent’s proposal, in my view, opens the $50,000 a year were, in fact, putting to me if the Democrats are going to fil- floodgate to a whole range of new funds into an IRA. That means 95 per- ibuster, they ought to give some rea- abuses of this kind. cent of those earning $50,000 or less did sons for their filibuster. They have said At the same time, coverage rates not put a single dollar into an IRA. The they are going to filibuster, for the have remained flat and as employers majority of working families clearly do first time in the history of this coun- have shifted toward defined contribu- not need or benefit from expanding try, a Federal circuit court nominee, tion plans, the retirement income of IRAs as the President would have us and the first Hispanic nominated to the retirees, and those near retirement, do. Circuit Court of Appeals for the Dis- have decreased as compared to their A shift toward this type of savings trict of Columbia. current incomes. This is not new infor- away from employer-provided plans Where are they? We have had all mation to a great many older Ameri- will not help the majority of our work- kinds of talks on foreign policy, on cans. ers. running down the President’s financial In 1989, roughly 30 percent of house- This final chart indicates, using De- plans, running down his foreign policy. holds were projected as living on less partment of Treasury data from 1999, it I heard one Senator today talk about than half of their preretirement in- is clear we still have a great distance the real problem is North Korea. Of come. If we look a decade later, by 1998 to go. Based on the data reflected on course, it is a real problem. So is Iraq. this number had increased to 42 1⁄2 per- this chart, the lowest 40 percent of in- So is Osama bin Laden. cent. For African Americans and His- come earners receive roughly 2 percent These are the people who watched me panics, the numbers are significantly of the tax benefits currently provided in the middle of the 1990s be the first worse. In 1989, there was 43 1⁄2 percent under our Tax Code. one to tell President Clinton he better who lived on less than half of their pre- That is the lowest 20 percent, and the get on Osama bin Laden because he is retirement income. By 1998, that had second 20 percent, added together, get going to kill Americans. I actually was grown to over 50 percent—53 percent. about 2 percent. The lowest 60 percent the first to bring that forth. The Wolf report demonstrates that receive a little less than 12 percent of I have been on the Senate Select only those with retirement wealth in those benefits. At the same time, the Committee on Intelligence twice. They

VerDate Dec 13 2002 04:14 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\CR\FM\G12FE6.124 S12PT1 February 12, 2003 CONGRESSIONAL RECORD — SENATE S2285 did nothing, and now they are moaning To do it against the first Hispanic never seen anything more unfair than and groaning because we have inher- nominated to the Circuit Court of Ap- what is happening here. With Senators ited a problem that has existed for a peals for the District of Columbia is hiding behind this, I think, phony re- long time. Because nothing was done? particularly reprehensible, especially quest for documents they know they Now they are saying, well, we should since he has every qualification a per- should not have a right to have and be concerned about North Korea. Yes, son needs to fulfill this responsibility. then try to represent on the floor that we should be. We should be concerned The White House and the general the few cases where somebody leaked about everything. counsel’s office have been working documents to them, that were not rec- It does not take many brains to real- overtime day and night to answer all ommendations for appeals, rec- ize a lot of the finances that come for the questions these people have asked ommendations for amicus curiae briefs, the terrorist movement throughout the over and over that are ridiculous in na- recommendations for certiorari, none Middle East and throughout the world ture. They have made Miguel Estrada of them were, but some were leaked come from Iraq. They have supported available for any Democrat who wants from the Solicitor General’s Office by virtually everybody. The Egyptian Is- to talk to him. The Democrats con- partisan Democrats and they have lamic Jihad, that is where Al-Zawahri ducted the hearing. It was all day, some of these. comes from. He is No. 2 to Osama bin which is extraordinary in and of itself. They have not seen fit to let us have Laden. That is where they have gotten They controlled every aspect of that copies of them, other than what they a lot of their money. They support the hearing. They asked the questions that are putting in the RECORD. We have Palestinian Islamic Jihad. They sup- they wanted to ask. He did not answer asked for them, but they did not have port virtually every Islamic terrorist some of them the way they would have time to give them to us. The one case group around. Now we are supposed to preferred. Then they could have de- they can show where the Department just stand back because some of the feated him for sure. That is not his job really did give some documentation Democrats think we ought to con- to try to please the Democrats or me was in the case of Robert Bork. The centrate our efforts on North Korea. Of or anybody else. His job is to tell the Department produced some documents course, we are concentrating our ef- truth, which is what he did. And he had concerning Bork’s firing of Archibald forts there. The President is doing ev- an obligation to tell the truth without Cox. It was a specialty situation. But erything he should do. It is not quite saying how he would vote on any given they were not documents of rec- the same. Those people are hemmed in issue, or otherwise he would have to ommendations of employees in the So- by China, who they have to have just recuse himself after he gets on the licitor General’s Office concerning ap- for food, and it is not in China’s best bench and be less effective. peals, concerning certiorari appeals, interest to allow North Korea to have Some of the arguments we have had and concerning amicus curiae briefs. around here are ridiculous. The very this kind of power and be able to irre- This is one of the phoniest excuses I people who are griping about getting sponsibly use it. Nor is it in the inter- have ever heard. Keep in mind, four of these confidential privileged memo- est of anybody in the Asian commu- their former Solicitors General, Demo- randa down at the Solicitor General’s nity, and it is certainly not in our in- crat Solicitors General, are on Miguel Office ignore the fact that of the seven terest. We have top people working on Estrada’s side. And three of them re- former current living Solicitors Gen- that and controlling it. viewed every one of those documents. It is hard to control wild men, and we eral, four of them are Democrats in the That is not good enough for them? have to really look hard to find one Solicitor’s Office. Three reviewed They know the administration cannot worse than Saddam Hussein. Saddam Miguel Estrada’s memoranda. give in to these requests because if Hussein has used weapons of mass de- How far do we go with these ridicu- they did, every time anybody is nomi- struction against his own people. Imag- lous arguments, these unfair argu- nated from any part of the Justice De- ine what he would do to us if he could. ments, these discriminatory and preju- partment they would have to get con- My colleagues on the other side know dicial arguments, against a person who fidential memoranda. as much as I know about it, or at least has every qualification to be on this they should, and that is before the first court? There is only one reason they The executive branch does have some session of inspections, Saddam Hussein are fighting like this. They think Re- rights. I know that some on the other came that close to having a nuclear de- publicans are going to back down. Or side do not believe that, but they do. vice. You think he is not trying to do that the President will back down. He They have some rights to have their that now, and in his country, the size will not back down. confidential documents remain con- of California, do you think it is hard I don’t think most Democrats feel fidential so they can get the best ad- for him to secrete his weapons of mass the way some of the radicals over there vice they possibly can to represent this destruction? He can hide those in a do. There are some people with reason- country, as the executive branch million different ways. This is a joke. able minds over there. I think most of should. This is one of the worst argu- We have to fight terrorism. We have them. I respect everyone on the other ments I have ever heard on the floor of to fight these types of people on all side, but I have to tell you, some of the Senate. And it is all done for polit- sides. And we are. This administration them are listening to the most radical ical purposes because they believe that is doing everything it can, and it really people on their side in bringing this fil- this Hispanic man, a Republican— needs to have a little less bellyaching ibuster and going against one of the which is very tough for them to take, and a little less criticism, a little less best nominees in history. who they believe to be conservative— partisanship than what we are getting I have been on the Judiciary Com- he is certainly probably moderate to sometimes around here. mittee almost 30 years, 27 years now. conservative—I just know he is quali- I heard other Senators get on this There are very few who you would rate fied. Everything about him says he is floor and say this court—to go back to at the level with Miguel Estrada. Every qualified. All of his experience tells me Miguel Estrada—the first Hispanic Hispanic in this country ought to be he is qualified. The fact he led the class nominated to the circuit court of ap- proud of it. I am calling on every His- at Harvard Law School says he is peals in this country who is being fili- panic in the country, whether Demo- qualified. The fact he was one of the bustered by people who, throughout crat, Independent, Republican, whether leaders of the class at Columbia Uni- the years, have said we would never fil- you are liberal, moderate or conserv- versity says he is qualified. The fact ibuster when they had the Presidency, ative, you better start calling the that he served Amalya Kearse, a Carter we would never use that type of a tac- Democrats and let them know this is appointee, and she praised him says he tic. Here they are, using it. It is hypo- not fair, this is not right. It is abysmal. is qualified. The fact he served for a critical. It is wrong. It is unfair. It is Some would say abominable. I think I Justice of the U.S. Supreme Court, An- establishing a precedent that could would be one of those. thony Kennedy, says he is qualified. hurt this country immeasurably. We I have seen some unfair things here But now the administration, in re- could only have the least common de- from time to time, and this is a tough sponse to these ridiculous claims and nominator on the Federal courts if body, there is no question. Sometimes these ridiculous statements made on some on the other side got their way. we do some dumb things, but I have the floor of the Senate, has now sent a

VerDate Dec 13 2002 04:14 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\CR\FM\G12FE6.126 S12PT1 S2286 CONGRESSIONAL RECORD — SENATE February 12, 2003 15-page, single-spaced letter that basi- I care for my colleagues on the Demo- We respect the Senate’s constitutional role cally covers every one of these stupid cratic side. But where are they? Why in the confirmation process, and we agree claims that have been raised. aren’t they telling us why? Why don’t that the Senate must make an informed I guess maybe I should not say that. they give us a reason that is a good judgment consistent with its traditional role Anyone can raise any claim, whether it and practices. However, your requests have reason for being against Miguel no persuasive support in the history and is stupid or otherwise, on the floor, and Estrada, with all of the qualifications precedent of judicial appointments. Indeed, every Senator can ask even the dumb- he has? Why couldn’t they treat us the the relevant history and precedent convinc- est questions of nominees if they want. way they wanted us to treat their cir- ingly demonstrate that a new and shifting That does not mean nominees have to cuit court nominees, which I made sure standard is being applied to Miguel Estrada. answer them. It does not mean they we treated right. Why can’t they be de- First, as the Department of Justice ex- have to answer them the way they cent to this Hispanic nominee, the first plained in its letters of June 5, 2002, October want to—the dumb questioners, that is. ever nominated to the Circuit Court of 8, 2002, and January 23, 2003, all living former Solicitors General (four Democrats and three We have all done that from time to Appeals for the District of Columbia, Republicans) have strongly opposed your re- time, and we all fit into that category, one of the most important courts? Why quest for Solicitor General memoranda and maybe, from time to time, but not con- is it that Senators from the Democrat stated that it would sacrifice and com- sistently. side get on the floor and act as if, be- promise the ability of the Justice Depart- There is nothing more than prejudice cause a person is conservative, that ment to effectively represent the United going on here; nothing more than un- person is not going to do what is right States in court. Even more telling, we are in- fairness going on here; nothing more under the law; that person is not going formed that the Senate has not requested than a double standard going on here; to make sure the law is fulfilled; that memos such as these for any of the 67 ap- nothing more than trying to trip up peals court nominees since 1977 who had pre- person is not going to make sure the viously worked in the Justice Department the President of the United States and principle of stare decisis or prior prece- (including the seven nominees who had pre- make his life even more miserable than dent is followed? Miguel Estrada says viously worked in the Solicitor General’s of- it is every day with North Korea, with he will, and he’s an honest man. He fice). The few isolated examples you have Iraq, with all the other problems we will. cited—in which targeted requests for par- have in this world, including France, Why is it they think only liberal ticular documents about specific issues were Germany, and Belgium, which are act- ideas are any good? I kind of admire accommodated for nominees to positions ing disgracefully and deserve the con- people who think only their point of other than the U.S. Courts of Appeals—simi- view is correct and everybody else is larly do not support your request here. demnation of the world for their con- Second, as explained more fully below with tinuous disgraceful disruptions of the wrong. But I have to tell you, some of respect to your request that Mr. Estrada an- unity of our NATO allies and for their the greatest judges in our country’s swer additional questions, the only specific refusal to back Turkey, our ally who history are conservatives. Some of the question identified in your letter refers to has stood up when others have not greatest judges are liberals. And some his judicial role models. You claim that Mr. stood up. We don’t need them. We will of the worst are liberals—and conserv- Estrada refused to answer a question on this back Turkey, and we should back Tur- atives. Miguel Estrada would make one topic. In fact, in his written responses to key. of the best, and he is the American Senator Durbin’s question on this precise What gets me is we are in the middle dream personified. He would open the subject that Mr. Estrada submitted three months ago, he cited Justice Anthony Ken- of a filibuster of a Federal judge, when doors for many Hispanic people, not nedy, Justice Lewis Powell, and Judge the Constitution says we should give just in the Federal judiciary but in so Amalya Kearse as judges he admires (he advice and consent, not advice and ob- many other ways throughout this soci- clerked for Justice Kennedy and Judge struction, not advice and a filibuster, ety because he will set an example that Kearse, and he further pointed out, of course, not advice and unfairness. will be exemplary for all of us to ob- that he would seek to resolve cases as he I have to admit there were some on serve. He should have a chance to sit analyzed them ‘‘without any preconception our side who treated President Clinton on this court and should not have to go about how some other judge might approach in a shabby fashion. Not very many, through this type of unfair treatment. the question.’’ Your letter to the President but there were a few. I remember as a No nominee to the Federal court ignores Mr. Estrada’s answer to this ques- tion. In any event, beyond this one query, young Senator I criticized President should have to go through a filibuster. your letter does not pose any additional Carter pretty strongly one day. Later, But, if the Democrats are going to fili- questions to him. Additionally, neither of I was on a 3-hour television show with buster, why don’t they get over here you has posed any written questions to Mr. him, sitting right beside him. We had and filibuster? Why don’t they tell us Estrada in the more than three months since plenty of time to discuss and talk, and the reasons why? If you look at their his all-day Committee hearing. Since the I apologized. I said I really feel badly; reasons, there is not a bit of substance hearing, Mr. Estrada also has met (and con- I felt I didn’t treat you fairly. He to any of them. tinues to meet) with numerous Democrat Senators interested in learning more about leaned over and smiled and said, ORRIN, I ask unanimous consent the most re- his record. Finally, as I will explain below, I never knew you did it. He said, you cent letter of the White House, this 15- Mr. Estrada forthrightly answered numerous were so fair in so many other ways, I page single-space typewritten letter I questions about his judicial approach and didn’t notice any unfairness. That is think answers every Democrat con- views in a manner that matches or greatly typical of what a fine, gracious man he cern, be printed in the RECORD. exceeds answers demanded of previous ap- is. There being no objection, the letter peals court nominees. Bill Clinton has plenty of faults, we was ordered to be printed in the With respect, it appears that a double all know that, like all the rest of us. RECORD, as follows: standard is being applied to Miguel Estrada. That is highly unfair inappropriate, particu- Maybe not like all the rest of us, but THE WHITE HOUSE, larly for this well-qualified and well-re- Washington, February 12, 2003. we all have faults, we will put it that spected nominee. DEAR SENATOR DASCHLE AND SENATOR way. And sometimes he wasn’t treated I will turn now in more detail to the var- as fairly as he should have been, but I LEAHY: On behalf of President Bush, I write in response to your letter to the President ious issues raised by your letter. I will ad- sure tried to do so. I certainly did with dated February 11, 2003. In the letter, you dress them at some length given the impor- regard to his judicial nominees. I will renew your previous request for confidential tance of this issue and the nature of your re- tell you one thing, we never, ever fili- Department of Justice memoranda in which quests. bustered a Clinton nominee, not once. Mr. Estrada provided appeal, certiorari, and I. MIGUEL ESTRADA’S QUALIFICATIONS AND There were some cloture votes, but it amicus recommendations while he was a ca- BIPARTISAN SUPPORT wasn’t part of a filibuster; it was more reer attorney in the Office of Solicitor Gen- Miguel Estrada is an extraordinarily quali- to move the Senate along. And nobody eral for four years in the Clinton Adminis- fied judicial nominee. The American Bar As- can claim anybody on our side actually tration and one year in the George H.W. sociation, which Senators Leahy and Schu- Bush Administration. You also request that mer have referred to as the ‘‘gold standard,’’ filibustered a Federal judge, which is a Mr. Estrada answer certain questions beyond unanimously rated Estrada ‘‘well qualified’’ disgraceful thing to do. the extensive questions that he already an- for the D.C. Circuit, the ABA’s highest pos- I have to say I care a great deal for swered appropriately and forthrightly during sible rating. The ABA rating was entirely ap- all of my colleagues in this body. These his Committee hearing and in follow-up writ- propriate in light of Mr. Estrada’s superb are 100 of the greatest people on Earth. ten responses. record as Assistant to the Solicitor General

VerDate Dec 13 2002 04:14 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\CR\FM\G12FE6.128 S12PT1 February 12, 2003 CONGRESSIONAL RECORD — SENATE S2287 in the Clinton and George H.W. Bush Admin- political viewpoints.’’ One former colleague, fact, acted in a way that would shed a nega- istrations, as a federal prosecutor in New Richard Seamon, wrote that he is a pro- tive light on the court.’’ Congressional York, as a law clerk to Justice Kennedy, and choice, lifelong Democrat with self-described Record, March 19, 1997. Alexander Hamilton in performing significant pro bono work. ‘‘liberal views on most issues’’ who said he explained that the purpose of Senate con- Some who are misinformed have seized on would ‘‘consider it a disgrace’’ if Mr. Estrada firmation is to prevent appointment of Mr. Estrada’s lack of prior judicial experi- is not confirmed. ‘‘unfit characters from State prejudice, from ence, but five of the eight judges currently Similarly, Leonard Joy, head of the Fed- family connection, from personal attach- serving on the D.C. Circuit had no prior judi- eral Defender Division of the Legal Aid Soci- ment, or from a view to popularity.’’ Fed- cial experience, including two appointees of ety of New York, wrote that ‘‘Miguel would eralist No. 76. It was anticipated that the President Clinton and one appointee of make an excellent Circuit Court Judge. He is Senate’s approval would not often be refused President Carter. Miguel Estrada has tried as fine a lawyer as I have met and, on top of unless there were ‘‘special and strong rea- numerous cases before federal juries, argued all his intellectual abilities and judgment he sons for the refusal.’’ No. 76. many cases in the federal appeals courts, and would bring to bear, he would bring a desir- As to tactics, you have indicated that argued 15 cases before the Supreme Court of able diversity to the Court. I heartily rec- some Senate Democrats intend to filibuster the United States. That is a record that few ommend him.’’ to prevent a vote on this nominee. As you judicial nominees can match. And few law- Beyond the extensive personal testimony know, there has never been a successful fili- yers, whatever their ideology or philosophy, from those who worked side-by-side with him buster of a court of appeals nominee. Only a have volunteered to represent a death row for many years, the performance reviews of few years ago, Senator Leahy and other inmate pro bono before the Supreme Court Miguel for the years that he worked in the Democrat Senators expressly agreed with as did Miguel Estrada. Office of Solicitor General gave him the then-Governor Bush that every judicial Mr. Estrada’s excellent legal qualifications highest possible rating of ‘‘outstanding’’ in nominee was entitled to an up-or-down floor are all the more extraordinary given his per- every possible category. The reviews stated vote within a reasonable time. On October 3, sonal history. Simply put, Miguel Estrada is that Miguel: 2000, for example, Senator Leahy stated: an American success story. He came to this ‘‘states the operative facts and applicable Governor Bush and I, while we disagree on country at age 17 from Honduras speaking law completely and persuasively, with record some issues, have one very significant issue little English. Through hard work and dedi- citations, and in conformance with court and on which we agree. He gave a speech a while cated service to the United States, Miguel office rules, and with concern for fairness, back and criticized what has happened in the Estrada has risen to the very pinnacle of the clarity, simplicity, and conciseness.’’ Senate where confirmations are held up not legal profession. If confirmed, he would be ‘‘[i]s extremely knowledgeable of resource because somebody votes down a nominee but the first Hispanic judge to sit on the U.S. materials and uses them expertly; acting because they cannot ever get a vote. Gov- Court of Appeals for the D.C. Circuit. Given independently, goes directly to point of the ernor Bush said: You have the nominee. Hold his record, his background, and his integrity, matter and gives reliable, accurate, respon- the hearing. Then, within 60 days, vote them it is no surprise that Miguel Estrada is sive information in communicating position up or vote them down. Don’t leave them in strongly supported by the vast majority of to others.’’ limbo. Frankly, that is what we are paid to national Hispanic organizations. The League ‘‘[a]ll dealings, oral and written, with the do in this body. We are paid to vote either of United Latin American Citizens (LULAC), courts, clients, and others are conducted in a yes or no—not vote maybe. When we hold a for example, wrote to Senator Leahy to urge diplomatic, cooperative, and candid man- nominee up by not allowing them a vote and Mr. Estrada’s confirmation and explain that ner.’’ not taking any action one way or the other, he ‘‘is truly one of the rising stars in the His- ‘‘[a]ll briefs, motions or memoranda re- we are not only voting ‘maybe,’ but we are panic community and a role model for our viewed consistently reflect no policies at doing a terrible disservice to the man or youth.’’ A group of 19 Hispanic organiza- variance with Departmental or Govern- woman to whom we do this. tions, including LULAC and the Hispanic Na- mental policies, or fails to discuss and ana- Senator Daschle similarly stated on Octo- tional Bar Association, recently wrote to the lyze relevant authorities.’’ ber 5, 1999, that ‘‘[t]he Senate is surely under Senate urging ‘‘on behalf of an overwhelming ‘‘[i]s constantly sought for advice and no obligation to confirm any particular majority of Hispanics in this country’’ that counsel. Inspires co-workers by example.’’ nominee, but after the necessary time for in- ‘‘both parties in the U.S. Senate . . . put par- In the two years that Miguel Estrada and quiry it should vote him up or vote him tisan politics aside so that Hispanics are no Paul Bender worked together, Mr. Bender down. An up or down vote, that is all we seek longer denied representation in one of the signed those reviews. These employment re- for Berzon and Paez. And after years of wait- most prestigious courts in the land.’’ views thus call into serious question some ing, they deserve at least that much.’’ The current effort to filibuster Mr. press reports containing a negative comment In his East Room speech on October 30, Estrada’s nomination is particularly unjusti- from Mr. Bender about Mr. Estrada’s tem- 2002, President Bush reiterated that every ju- fied given that those who have worked with perament (which is the only negative com- dicial nominee deserves a timely up-or-down Miguel—including prominent Democrat law- ment made by anyone who actually knows floor vote in the Senate, no matter who is yers whom you know well—strongly support Mr. Estrada). Just as important, President President or which party controls the Sen- his confirmation. For example, Ron Klain, Clinton’s Solicitor General Seth Waxman ex- ate. Contrary to President Bush’s attempts who served as a high-ranking adviser to pressly refuted Mr. Bender’s statement. at permanent reform to bring order to the former Vice President Gore and former Chief In sum, based on his experience, his intel- process, your current effort to employ a fili- Counsel to the Senate Judiciary Committee, lect, his integrity, and his bipartisan sup- buster and block an up-or-down vote on the wrote: ‘‘Miguel is a person of outstanding port, Miguel Estrada should be confirmed Estrada nomination may significantly exac- character, tremendous intellect, and with a promptly. erbate the cycle of bitterness and recrimina- deep commitment to the faithful application II. THE SENATE’S ROLE tion that President Bush has sought to re- of precedent.... [T]he challenges that he solve on a bipartisan basis. We fear that the has overcome in his life have made him President Bush nominated Miguel Estrada nearly two years ago on May 9, 2001. As ex- damage caused by a filibuster could take genuinely compassionate, genuinely con- many years to undo. To continue on this cerned for others, and genuinely devoted to plained above, he is well-qualified and well- respected. By any traditional measure that path would also be, in Senator Leahy’s helping those in need.’’ words, ‘‘a terrible disservice’’ to Mr. Estrada. President Clinton’s Solicitor General, Seth the Senate has used to evaluate appeals We urge you to reconsider this extraordinary Waxman, wrote: ‘‘During the time Mr. court nominees, Miguel Estrada should have action, to end the filibuster of Mr. Estrada’s Estrada and I worked together, he was a been confirmed long ago. Your letter and nomination, and to allow the full Senate to model of professionalism and com- public statements indicate, however, that vote up or down. petence.... In no way did I ever discern you are applying both a new standard and that the recommendations Mr. Estrada made new tactics to this particular nominee. III. REQUEST FOR CONFIDENTIAL SOLICITOR or the analyses he propounded were colored As to the standard, the Senate has a very GENERAL MEMOS in any way by his personal views—or indeed important role in the process, but the Sen- You have suggested that Mr. Estrada’s that they reflected any consideration other ate’s traditional approach to appeals court background, experience, and support are in- than the long-term interests of the United nominees, and the approach envisioned by sufficient to assess his suitability for the States. I have great respect both for Mr. the Constitution’s Framers, is far different D.C. Circuit. You have renewed your request Estrada’s intellect and for his integrity. from the standard that you now seek to for Solicitor General memos authored by Mr. A bipartisan group of 14 former colleagues apply. Senator Biden stated the traditional Estrada. But every living former Solicitor in the Office of the Solicitor General at the approach in 1997: ‘‘Any person who is nomi- General signed joint letter to the Senate op- U.S. Department of Justice wrote: ‘‘We hold nated for the district or circuit court who, in posing your request. The letter was signed varying ideological views and affiliations fact, any Senator believes will be a person of by Democrats Archibald Cox, Walter that range across the political spectrum, but their word and follow stare decisis, it does Dellinger, Drew Days, and Seth Waxman. we are unanimous in our conviction that not matter to me what their ideology is, as They stated: ‘‘Any attempt to intrude into Miguel would be a fair and honest judge who long as they are in a position where they are the Office’s highly privileged deliberations would decide cases in accordance with the in the general mainstream of American po- would come at the cost of the Solicitor Gen- applicable legal principles and precedents, litical life, and they have not committed eral’s ability to defend vigorously the United not on the basis of personal preferences or crimes of moral turpitude, and have not, in States’ litigation interests—a cost that also

VerDate Dec 13 2002 04:14 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\CR\FM\A12FE6.030 S12PT1 S2288 CONGRESSIONAL RECORD — SENATE February 12, 2003 would be borne by Congress itself. . . . Al- irrespective of the party that controls the In our judgment, moreover, Mr. Estrada though we profoundly respect the Senate’s White House and the Senate. answered the Committee’s questions in a duty to evaluate Mr. Estrada’s fitness for the Your continued requests for these memo- manner that was both entirely appropriate federal judiciary, we do not think that the randa have provoked a foreseeable and inevi- and entirely consistent with the approach confidentiality and integrity of internal de- table conflict that, in turn, has been cited as that judicial nominees of Presidents of both liberations should be sacrificed in the proc- a basis for obstructing a vote on Mr. parties have taken for many years. Your sug- ess.’’ Estrada’s nomination. Respectfully, the con- gestions to the contrary do not square with It bears mention that the interest asserted flict is unnecessary because your desire to the hearing record or traditional practice. here is that of the United States, not the assess the nominee can be readily accommo- A. JUDICIAL ETHICS AND TRADITIONAL PRACTICE personal interest of Mr. Estrada. Indeed, Mr. dated in many ways other than intruding Estrada himself testified that ‘‘I have not into and severely damaging the deliberative In assessing your request that Miguel opposed the release of those records. . . . I process of the Office of Solicitor General. Estrada did not answer appropriate ques- am exceptionally proud of every piece of For example, you can review Mr. Estrada’s tions, we begin with rules of judicial ethics legal work that I have done in my life. If it written briefs and oral arguments both as an that govern prospective nominees. Canon were up to me as a private citizen, I would be attorney for the United Stats and in private 5A(3)(d) provides that prospective judges more than proud to have you look at every- practice. As you know, those documents are ‘‘shall not . . . make statements that com- thing that I have done for the government or publicly available and easily accessible; that mit or appear to commit the candidate with for a private client.’’ said, we would be pleased to facilitate your respect to cases, controversies or issues that The history of Senate confirmations of access to them. (Mr. Estrada’s hearing tran- are likely to come before the court’’ (empha- nominees who had previously worked in the script suggests that no Democrat Member of sis added). Justice Thurgood Marshall made Department of Justice makes clear that an the Committee had read Mr. Estrada’s many the point well in 1967 when asked about the unfair double standard is being applied to dozens of Solicitor General merits briefs, Fifth Amendment: ‘‘I do not think you want Miguel Estrada’s nomination. Since the be- certiorari petitions, and opposition briefs or me to be in a position of giving you a state- ginning of the Carter Administration in 1977, the transcripts of his 14 oral arguments when ment on the Fifth Amendment and then, if I the Senate has approved 67 United States he represented the United States.) You also am confirmed and sit on the Court, when a Court of Appeals nominees who previously may consider the opinions of others who Fifth Amendment case comes up, I will have had worked in the Department of Justice. Of served in the Office at the same time (dis- to disqualify myself.’’ Lloyd Cutler, who those 67 nominees, 38 had no prior judicial cussed above) and examine the nominee’s served as Counsel to President Carter and experience, like Miguel Estrada. The Depart- written performance reviews (also discussed President Clinton, has stated that ‘‘can- ment of Justice’s review of those nomination above). There is more than ample informa- didates should decline to reply when efforts records disclosed that in none of those cases tion for you to assess Mr. Estrada’s quali- are made to find out how they would decide did the Department of Justice produce inter- fications and suitability for the DC Circuit a particular case.’’ nal deliberative materials created by the De- based on the traditional standards the Sen- In 1968, in the context of the Justice Abe partment. In fact, the Department’s review ate has employed. Fortas’ nomination to be Chief Justice, the disclosed that the Senate did not even re- It also is important to recognize that polit- Senate Judiciary Committee similarly stat- quest such materials for a single one of these ical appointees of President Clinton have ed: ‘‘Although recognizing the constitutional 67 nominees. read virtually all of the memoranda in ques- dilemma which appears to exist when the Of this group of 67 nominees, seven were tion—namely, the Democrat Solicitors Gen- Senate is asked to advise and consent on a nominees who had worked as a Deputy Solic- eral Drew Days, Walter Dellinger, and Seth judicial nominee without examining him on itor General or Assistant to the Solicitor Waxman. None of those three highly re- legal questions, the Committee is of the view General. These seven nominees, nominated spected Democrat lawyers has expressed any that Justice Fortas wisely and correctly de- by Presidents of each party and confirmed by concern whatever about Mr. Estrada’s nomi- clined to answer questions in this area. To Senates controlled by each party, included nation. Indeed, Mr. Waxman wrote a letter of require a Justice to state his views on legal Samuel Alito, Danny Boggs, William Bryson, strong support, and Mr. Days made public questions or to discuss his past decisions be- Frank Easterbrook, Daniel Friedman, Rich- statements in support of Mr. Estrada. fore the Committee would threaten the inde- ard Posner, and Raymond Randolph. In sum, the historical record and past pendence of the judiciary and the integrity The five isolated historical examples you precedent convincingly demonstrate that of the judicial system itself. It would also have cited do not support your current re- this request creates and applies an unfair impinge on the constitutional doctrine of quest. In each of those five cases, the Com- double standard to Miguel Estrada. separation of powers among the three mittee made a targeted request for specific IV. REQUEST THAT MIGUEL ESTRADA ANSWER branches of Government as required by the information primarily related to allegations ADDITIONAL QUESTIONS Constitution.’’ S. Exec. Rep. No. 8, 90th of misconduct or malfeasance identified by Your letter also suggests that Miguel Cong. 2d Sess. 5 (1968). the Committee. Even in those isolated cases, Estrada should answer certain questions Even in the context of a Supreme Court the vast majority of deliberative memoranda that he allegedly did not answer in his hear- confirmation hearing, Senator Kennedy de- written by those nominees were neither re- ing. To begin with, we do not know what fended Sandra Day O’Connor’s refusal to dis- quested nor produced. With respect to Judge your specific questions are. In addition, this cuss her views on abortion: ‘‘It is offensive to Bork’s nomination, for example, the Com- request frankly comes as a surprise given suggest that a potential Justice of the Su- mittee received access to certain particular that (i) Senator Schumer chaired the hearing preme Court must pass some presumed test memoranda (many related to Judge Bork’s on Mr. Estrada, (ii) the hearing lasted an en- of judicial philosophy. It is even more offen- involvement in Watergate-related issues). tire day, (iii) Senators at the all-day hearing sive to suggest that a potential justice must The vast majority of memoranda authored asked numerous far-reaching questions that pass the litmus test of any single-issue inter- by Judge Bork were never received. With re- Mr. Estrada answered forthrightly and ap- est group.’’ Nomination of Sandra O’Connor: spect to Judge Trott, the Committee re- propriately, and (iv) only two of the 10 Dem- Hearings Before the Senate Comm. on the quested documents unrelated to Judge ocrat Senators then on the Committee even Judiciary on the Nomiantion of Judge San- Trott’s service to the Department. So, too, submitted any follow-up written questions, dra Day O’Connor of Arizona to Serve as an in the three other examples you cite, the and they submitted only a few questions (in Associate Justice of the Supreme Court of Committee requested specific documents pri- marked contrast to other nominees who re- the United States, 97th Cong. 6 (1981) (state- marily related to allegations of misconduct ceived voluminous follow-up questions). ment of Sen. Kennedy). or malfeasance identified by the Committee. It also bears mention that Mr. Estrada has Justice Ruth Bader Ginsburg likewise de- Of course, no such allegations have been personally met with a large number of Dem- clined to answer certain questions: ‘‘Because made in the case of Mr. Estrada. ocrat Senators, including Senators Landrieu, I am and hope to continue to be a judge, it In sum, the examples you have cited only Lincoln, Bill Nelson, Ben Nelson, Leahy, would be wrong for me to say or to preview highlight the lack of precedent for the cur- Feinstein, Kohl, and Breaux; is scheduled to in this legislative chamber how I would cast rent request. As the Justice Department has meet with Senator Carper; and would be mly vote on questions the Supreme Court explained to you previously, the existence of pleased to meet with additional Senators. may be called upon to decide. Were I to re- a few isolated examples where the Executive The only specific question your letter iden- hearse here what I would say and how I Branch on occasion accommodated a Com- tifies refers to Mr. Estrada’s judicial role would reason on such questions, I would act mittee’s targeted requests for very specific models, and you claim that he refused to an- injudiciously.’’ Similarly, Justice John Paul information primarily related to allegations swer a question on this topic. In fact, in Mr. Stevens stated in his hearing: ‘‘I really don’t of misconduct does not in any way alter the Estrada’s written responses to senator Dur- thinkk I should discuss this subject gen- fundamental and long-standing principle bin’s question on this precise subject, Mr. erally, Senator. I don’t mean to be unrespon- that memos from the Office of Solicitor Gen- Estrada cited Justice Anthony Kennedy, sive but in all candor I must say that there eral—and deliberative Department of Justice Justice Lewis Powell, and Judge Amalya have been many times in my experience in memoranda more broadly—must remain pro- Kearse as judges he admires and he further the last five years where I found that my tected in the confirmation context so as to pointed out, of course, that he would seek to first reaction to a problem was not the same maintain the integrity of the Executive resolve cases as he analyzed them ‘‘without as the reaction I had when I had the respon- Branch’s decisionmaking process. That is a any preconception about how some other sibility of decisions and I think that if I were fundamental principle that has been followed judge might approach the question.’’ to make comments that were not carefully

VerDate Dec 13 2002 05:28 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\CR\FM\A12FE6.033 S12PT1 February 12, 2003 CONGRESSIONAL RECORD — SENATE S2289 thought through they might be given signifi- in the Constitution. In the main, the court Mr. Estrada indicated to Senator Durbin cance that they really did not merit.’’ has recognized them as being inherent in the that he admired the judges for whom he Justice Ginsberg described the traditional right of substantive due process and the lib- clerked, Justice Kennedy and Judge Kearse, practice in a case decided last year: ‘‘In the erty clause of the Fourteenth Amendment.’’ as well as Justice Lewis Powell. context of the federal system, how a prospec- When asked by Senator Feinstein whether Mr. Estrada stated to Senator Durbin that tive nominee for the bench would resolve the Constitution encompasses a right to pri- ‘‘I can absolutely assure the Committee that particular contentious issues would cer- vacy and abortion, Mr. Estrada responded, I will follow binding Supreme Court prece- tainly be ‘on interest’ to the President and ‘‘The Supreme Court has so held, and I have dent until and unless such precedent has the Senate. . . . But in accord with a long- not view of any nature whatsoever, whether been displaced by subsequent decisions of the standing norm, every Member of this Court it be legal, philosophical, moral, or any Supreme Court itself.’’ declined to furnish such information to the other type of view that would keep me from In response to Senator Grassley, Mr. Senate, and presumably to the President as applying that case law faithfully.’’ When Estrada stated: ‘‘When facing a problem for well.’’ Republican Party of Minnesota v. White, asked whether Roe v. Wade was ‘‘settled which there is not a decisive precedent from 122 S. Ct. 2528, 2552 n.1 (2002) (Ginsburg, J., law,’’ Mr. Estrada replied, ‘‘I believe so.’’ a higher court, my cardinal rule would be to dissenting) (emphasis added). Justice Gins- General Approach to Judging seize aid from anyplace where I could get it. burg added that this adherence to this ‘‘long- When asked by Senator Edwards about ju- Depending on the nature of the problem, standing norm’’ was ‘‘crucial to the health of dicial review, Mr. Estrada explained: ‘‘Courts that would include related case law in other the Federal Judiciary.’’ Id. In his majority take the laws that have been passed by you areas that higher courts had dealt with that opinion, Justice Scalia did not take issue and give you the benefit of understanding had had some insights to teach with respect with that description and added: ‘‘Nor do we that you take the same oath that they do to to the problem at hand. I could include the assert that candidates for judicial office uphold the Constitution, and therefore they history of the enactment, including in the should be compelled to announce their views take the laws with the presumption that case of a statute legislative history. It could on disputed legal issues.’’ Id. at 2539 n. 11 they are constitutional. It is the affirmative include the custom and practice under any (emphasis in original). burden of the plaintiff to show that you have predecessor statute or document. It could in- In some recent hearings, including Mr. gone beyond your oath. If they come into clude the views of academics to the extent Estrada’s, Senator Schumer has asked that court, then it is appropriate for courts to un- that they purport to analyze what the law is nominees identify particular Supreme Court dertake to listen to the legal arguments— instead of—instead of prescribing what it cases of the last few decades with which they why it is that the legislature went beyond should be. And in sum, as Chief Justice Mar- disagree. But the problems with such a ques- [its] role as a legislat[ure] and invaded the shall once said, to attempt not to overlook tion and answer were well stated by Justice Constitution.’’ anything from which aid might be derived.’’ Stephen Breyer. As Justice Breyer put it, Mr. Estrada stated to Senator Edwards In response to Senator Sessions, Estrada ‘‘Until [an issue] comes up, I don’t really that there are 200 years of Supreme Court stated: ‘‘I am very firmly of the view that al- think it through with the depth that it precedent and that it is not the case that though we all have views on a number of sub- would require. . . . So often, when you decide ‘‘the appropriate conduct for courts is to be jects from A to Z, the first duty of a judge is a matter for real, in a court or elsewhere, it guided solely by the bare text of the Con- to self-consciously put that aside and look at turns out to be very different after you’ve stitution because that is not the legal sys- each case by starting withholding judgment become informed and think it through for tem that we have.’’ with an open mind and listen to the parties. real than what you would have said at a When asked by Senator Edwards whether So I think that the job of a judge is to put cocktail party answering a question.’’ 34 U.C. he was a strict constructionist, Mr. Estrada all of that aside, and to the best of his Davis L. Rev. 425, 462. replied that he was ‘‘a fair construc- human capacity to give a judgment based Senator Schumer also has asked nominees tionist’’—meaning that ‘‘I don’t think that it solely on the arguments and the law.’’ how they would have ruled in particular Su- should be the goal of courts to be strict or In response to Senator Sessions, Mr. preme Court cases. Again, a double standard lax. The goal of courts is to get it right.... Estrada stated that ‘‘I will follow binding is being applied. The nominees of President It is not necessarily the case in my mind case law in every case . . . I may have a per- Clinton did not answer such questions. For that, for example, all parts of the Constitu- sonal, moral, philosophical view on the sub- example, Richard Tallman, a nominee with tion are suitable for the same type of inter- ject matter. But I undertake to you that I no prior judicial service who would now pretative analysis. . . [T]he Constitution would put all that aside and decide cases in serve on the Ninth Circuit, not only would says, for example, that you must be 35 years accordance with binding case law and even in not answer how he would have ruled as a old to be our chief executive.... There are accordance with the case law that is not judge in Roe v. Wade—but even how he would areas of the Constitution that are more binding but seems constructive on the area, have ruled in Plessy v. Ferguson, the infa- open-ended. And you adverted to one, like without any influence whatsoever from any mous case that upheld the discredited and the substantive component of the due proc- personal view I may have about the subject shameful ‘‘separate but equal’’ doctrine. So, ess clause, where there are other methods of matter.’’ too, in the hearing on President Clinton’s interpretation that are not quite so obvious Miranda/Stare Decisis nomination of Judges Barry and Fisher, Sen- that the court has brought to bear to try to Mr. Estrada stated that United States v. ator Smith asked whether the nominees bring forth what the appropriate answer Dickerson—a case raising the question would have voted for a constitutional right should be.’’ whether Miranda should be overruled—re- When Senator Kohl asked him about envi- to abortion before Roe v. Wade. Chairman flected a ‘‘reasonable application of the doc- ronmental statutes, for example, Mr. Hatch interrupted Senator Smith to say trine of stare decisis. In my view, it is rarely Estrada explained that those statutes to ‘‘that is not a fair question to these two appropriate for the Supreme Court to over- court ‘‘with a strong presumption of con- nominees because regardless of what hap- turn one of its own precedents.’’ pened pre-1973, they have to abide by what stitutionality.’’ Affirmative Action has happened post-1973 and the current In response to Senator Leahy, Mr. Estrada precedents that the Supreme Court has.’’ described the most important attributes of a With respect to affirmative action, Mr. judge: ‘‘The most important quality for a Estrada responded to Senator Kennedy that B. ANSWERS BY MIGUEL ESTRADA judge, in my view Senator Leahy, is to have ‘‘any policy views I might have as a private Miguel Estrada answered the Committee’s an appropriate process for decisionmaking. citizen on the subject of affirmative action questions forthrightly and appropriately. In- That entails having on open mind. It entails would not enter into how I would approach deed, Miguel Estrada was more expansive listening to the parties, reading their briefs, any case that comes before me as a judge. than many judicial nominees traditionally going back beyond those briefs and doing all Under controlling Supreme Court authority, have been in Senate hearings, and he was of the legwork needed to ascertain who is particularly Adarand Constructors, Inc. v. asked a far broader range of questions than right in his or her claims as to what the law Pena, 515 U.S. 200 (1995), if a government pro- many previous appeals court nominees were says and what the facts [are]. In a court of gram creates a racial classification, it will asked. We will catalogue here a select sam- appeals court, where judges sit in panels of be subject to strict scrutiny. Whether the ple of his answers. three, it is important to engage in delibera- program survives that sort of scrutiny will Unenumerated rights, privacy, and abortion tion and give ear to the view so colleagues often involve a highly contextual and face- When asked by Senator Edwards about the who may have come to different conclusions. specific inquiry into the nature of the jus- Constitution’s protection for rights not enu- And in sum, to be committed to judging as a tifications asserted by the government and merated in the Constitution, Mr. Estrada re- process that is intended to give us the right the fit between those justifications and the plied: ‘‘I recognize that the Supreme Court answer, not to a result. And I can give you classification at issue. Adarand and similar has said [on] numerous occasion in the area my level best solemn assurance that I firmly cases provide the framework that I would be of privacy and elsewhere that there are think I do have those qualities or else I required to apply, and would apply, in con- unenumerated rights in the Constitution, would not have accepted the nomination.’’ sidering these issues as a judge.’’ and I have no view of any sort, whether legal In response to Senator Durbin, Miguel Asked by Senator Leahy about the strict or personal, that would hinder me from ap- Estrada stated that ‘‘the Constitution, like scrutiny test, Mr. Estrada replied, ‘‘the Su- plying those rulings by the court. But I other legal texts, should be construed rea- preme Court in the Adarand case stated, as a think the court has been quite clear that sonably and fairly, to give effect to all that general rule, that the consideration of race there are a number of unenumerated rights its text contains.’’ is subject to strict scrutiny. That means

VerDate Dec 13 2002 05:28 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\CR\FM\A12FE6.036 S12PT1 S2290 CONGRESSIONAL RECORD — SENATE February 12, 2003 that though it may be used in some cases, it arms, and Mr. Estrada responded that the that the District of Columbia Council has to be justified by a compelling state in- Supreme Court had ruled that ‘‘if the gov- passes.’’ Judge Rogers did not provide her terest. And with respect to the particular ernment were to prove that the firearm had personal view of these subjects. context, there must be a fairly fact-bound in- at any time in its lifetime been in interstate Marsha Berzon (no prior judicial experi- dividual assessment of the fit between the commerce even if that had nothing to do ence). Senator Smith asked her views on Roe interest that is being asserted and the cat- with the crime at issue, that that would be v. Wade and whether ‘‘an unborn child is a egory being used. That is just another way of an adequate basis for the exercise of Con- human being.’’ Judge Berzon stated: ‘‘[M]y saying that it is a very fact-intensive anal- gress’ power.’’ role as a judge is not to further anything ysis in the context of a specific program and Right to Counsel that I personally believe or don’t believe, in the context of the justifications that are Senator Edwards asked about Gideon v. and I think that is the strength of our sys- being offered in support of the program.’’ Wainwright, the Supreme Court case guaran- tem and the strength of our appellate sys- Congressional Authority teeing the right to counsel for poor defend- tem. The Supreme Court has been quite de- With respect to the outer limits of Con- ants who could not afford counsel. Although finitive quite recently about the applicable gress’ power to confer authority on other Senator Edwards appeared to question the standard, and I absolutely pledge to you that governmental bodies, Miguel responded to reasoning in that landmark case, Mr. I will follow that standard as it exists now, Senator Kennedy that the Supreme Court Estrada responded that ‘‘I frankly have al- and if it is changed, I will follow that stand- has said that ‘‘particular factual context is ways taken it as a given that that’s—the rul- ard. And my personal views in this area, as in any other, will have absolutely no effect.’’ significant in analyzing the appropriateness ing in the case.’’ of a particular delegation. . . . Of course, the When Senator Smith probed about their per- C. ANSWERS BY PRESIDENT CLINTON’S NOMINEES fact that the Supreme Court only rarely has sonal views on abortion and Roe v. Wade, struck down statutes on this ground suggests Your criticism of Miguel Estrada’s testi- Chairman Hatch interrupted: ‘‘I don’t know that the Court has been quite deferential to mony creates a double standard. You did not how they can say much more than that at congressional judgments about the types of require nominees of President Clinton to an- this point in this meeting.’’ delegations that reasonably might be needed swer questions of this sort (keeping in mind Richard Tallman (no prior judicial experi- to carry on the business of government.’’ that you have not identified what your addi- ence). In response to written questions, When Senator Kohl asked Mr. Estrada tional questions to Mr. Estrada are). Presi- Judge Tallman explained that ‘‘[j]udicial about the 1995 Lopez case concerning the dent Clinton’s appeals court nominees rou- nominees are limited by judicial ethical con- scope of Congress’ power to regulate, Mr. tinely testified without discussing their siderations from answering any question in a Estrada pointed out that he had argued in a views of specific issues or cases. A few select manner that would call for an ‘advisory companion case ‘‘for a very expansive view of examples, including of several nominees who opinion’ as the courts have defined it or that the power to Congress to pass statutes under had no prior judicial experience, illustrate in effect ask a nominee to suggest how he or the Commerce Clause and have them be the point. (Please note that these are iso- she would rule on an issue that could upheld by the court. . . . Lopez has given us lated examples; there are many more we can foreseeably require his or her attention in a guidance on when it is appropriate for the provide if necessary.) future case or controversy after confirma- court to exercise the commerce power. It is Merrick Garland (no prior judicial experi- tion.’’ He was asked how he would have ruled binding law and I would follow it.’’ ence). In the nomination of Merrick Garland in Plessy v. Ferguson. He stated: ‘‘It is en- Ethnicity to the DC Circuit, Senator Specter asked tirely conjectural as to what I would have With respect to fact that the President had him: ‘‘Do you favor, as a personal matter, done without having the opportunity to noted Miguel’s ethnicity, Miguel responded capital punishment?’’ Judge Garland replied thoroughly review the record presented on to Senator Kennedy: ‘‘The President is the only that he would follow Supreme Court appeal, the briefs and arguments of counsel, leader of a large and diverse country, and it precedent: ‘‘This is really a matter of settled and supporting legal authorities that were is accordingly appropriate for him, in exer- law now. The Court has held that capital applicable at that time.’’ He gave the same cising his constitutional nomination and ap- punishment is constitutional and lower response when asked how he would have pointment powers, to select qualified indi- courts are to follow that rule.’’ Senator ruled on Roe v. Wade. When asked his per- viduals who reflect the breadth and diversity Specter also asked him about his views of sonal view on abortion, he wrote: ‘‘I hold no of our Nation.’’ the independent counsel statute’s constitu- personal views that would prevent me from With respect to the Democrat Congres- tionality, and Judge Garland responded: doing my judicial duty to follow the prece- sional Hispanic Caucus’s criticism of him, ‘‘Well, that, too, the Supreme Court in Mor- dent set down by the Supreme Court.’’ He Miguel responded to Senator Kennedy that rison v. Olson upheld as constitutional, and, gave the same answer about the death pen- ‘‘I strongly disagree, however, with the Con- of course, I would follow that ruling.’’ Judge alty. gressional Hispanic Caucus’ view that I lack Garland did not provide his personal view of Kim Wardlaw. In the hearing on Judge Kim an understanding of the role and importance either subject. Wardlaw’s nomination to the Ninth Circuit, of courts in protecting the legal rights of mi- Judith Rogers. In the hearing on Judge Ju- Judge Wardlaw was asked about the con- norities, of the values and mores of Latino dith Rogers’ nomination to the D.C. Circuit, stitutionality of affirmative action. She culture, or the significance of role models for Judge Rogers was asked by Senator Cohen stated (in an answer similar to Miguel minority communities.’’ about the debate over an evolving Constitu- Estrada’s answer to the same question): Racial Discrimination tion. Judge Rogers responded: ‘‘My obliga- ‘‘The Supreme Court has held that racial With respect to race discrimination, Mr. tion as an appellate judge is to apply prece- classifications are unconstitutional unless Estrada stated in response to Senator Ken- dent. Some of the debates which I have heard they are narrowly tailored to meet a compel- nedy: ‘‘I take a backseat to no one in my ab- and to which I think you may be alluding are ling governmental interest.’’ horrence of race discrimination in law en- interesting, but as an appellate judge, my Maryanne Trump Barry. In the hearing on forcement or anything else.’’ obligation is to apply precedent. And so the Judge Maryanne Trump Barry’s nomination Senator Feingold asked Mr. Estrada interpretations of the Constitution by the too the Third Circuit, Senator Smith asked whether he believed that racial profiling and U.S. Supreme Court would be binding on for her personal opinion on whether ‘‘an un- racially motivated law enforcement mis- me.’’ She then was asked how she would rule born child at any stage of the pregnancy is a conduct are problems in this country today. in the absence of precedent and responded: human being.’’ Judge Barry responded: Mr. Estrada replied, ‘‘I am—I will once again ‘‘When I was taking my master’s in judicial ‘‘Casey is the law that I would look at. If I emphasize I’m unalterably opposed to any process at the University of Virginia Law had a personal opinion—and I am not sug- sort of race discrimination in law enforce- School, one of the points emphasized was the gesting that I do—it is irrelevant because I ment, Senator, whether it’s called racial growth of our common law system based on must look to the law which binds me.’’ profiling or anything else. . . . I know full the English common law judge system. And Raymond Fisher. In the hearing on Judge well that we have real problems with dis- my opinions, I think if you look at them, re- Raymond Fisher’s nomination to the Ninth crimination in our day and age.’’ flect that where I am presented with a ques- Circuit, Senator Sessions asked Judge Fish- Senator Leahy asked Mr. Estrada about tion of first impression that I look to the er’s own personal views on whether the death whether statistical evidence of discrimina- language of whatever provision we are ad- penalty was constitutional. Judge Fisher re- tory impact is relevant in establishing dis- dressing, that I look to whatever debates are sponded that ‘‘My view, Senator, is that, as crimination. Mr. Estrada replied: ‘‘I am not available, that I look to the interpretations you indicated, the Supreme Court has ruled a specialist in this area of the law, Senator by other Federal courts, that I look to the that the death penalty is constitutional. As Leahy, but I am aware that there is a line of interpretations of other State courts, and it a lower appellate court judge, that is the law cases, beginning with the Supreme Court’s may be necessary, as well, to look at the in- that I am governed by. I don’t want in my ju- decision in Griggs, that suggests that in ap- terpretations suggested by commentators. dicial career, should I be fortunate enough to propriate cases that [such evidence] may be And within that framework, which I consider have one, to inject my personal opinions into appropriate. . . . I do understand that there to be a discipline, that I would reach a view whether or not I follow the law. I believe is a major area of law that deals with how in a case of first impression.’’ Finally, Judge that the precedent of the Supreme Court is you prove and try disparate-impact cases.’’ Rogers was asked her view of the three- binding and that is what my function is.’’ Congressional Authority to Regulate Firearms strikes law and stated: ‘‘As an appellate V. CONCLUSION Senator Feinstein asked whether Congress judge, my obligation is to enforce the laws Miguel Estrada is a well-qualified and well- may legislate in the area of dangerous fire- that Congress passes, or, where I am now, respected judicial nominee who has very

VerDate Dec 13 2002 05:28 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\CR\FM\A12FE6.040 S12PT1 February 12, 2003 CONGRESSIONAL RECORD — SENATE S2291 strong bipartisan support. Based on our read- so carefully constructed among our This strong role that the Constitu- ing of history, we believe that you have three branches of Government. It is tion granted the Senate has only grown ample information about this nominee and something I think we ignore at our stronger in the years following the have had more than enough time to consider peril. adoption of our Constitution. We know questions about his qualifications and suit- ability. We urge you to stop the unfair treat- What is it we are talking about? very well that members of both parties ment, end the filibuster, allow an up-or-down Again, I sometimes wonder what our have historically expected judicial vote, and vote to confirm Mr. Estrada. friends and fellow countrymen who nominees to be fully candid and forth- Sincerely, might be watching this debate, as they right with any information that Sen- ALBERTO R. GONZALES look for something perhaps more inter- ators deem relevant. The Republicans Counsel to the President. esting or exciting on their televisions, are acting as though the questions we Mr. HATCH. I yield the floor. stop and think if they see one of us are asking and the opposition which we The PRESIDING OFFICER. The Sen- talking about advice and consent, or are presenting to the process that has ator from New York. talking about our Constitution. Article been adopted and the responses—or, I Mrs. CLINTON. Mr. President, I lis- II, section 2 states that: should say nonresponses—of the nomi- tened with great interest to my friend The President . . . shall nominate, and by nee are unprecedented. But I have to and colleague from Utah. I have the and with the Advice and Consent of the Sen- just point to recent history. We don’t highest respect for him. I must confess, ate, shall appoint . . . judges of the supreme have to go back to the Federalist Pa- in listening to him, though, it brought Court, and all other Officers of the United pers. We don’t have to go back to the to mind that wonderful old saw about States, whose Appointments are not herein 19th century. We only have to go back trial lawyers. You know: If the facts otherwise provided for and which shall be es- tablished by law. . . . a few years to find many instances in aren’t on your side, argue the law. If which my friends on the other side did the law isn’t on your side, argue the That is what the Constitution tells not rest until they had satisfied them- facts. If neither the facts nor the law us. It is our obligation, as it has been selves with the information provided are on your side, pound the table and ever since this body was formed, to de- by nominees sent up by a Democratic hope nobody notices. From my perspec- termine what that means and how we President. tive, that is exactly what we have been apply it. The Framers of our Constitu- A June 22, 1998, floor statement by tion did not envision the Senate’s hearing from our friends on the other Senator HATCH demonstrates that the side with respect to this very impor- power of advice and consent to be a advise and consent obligation is indeed tant matter that is not just about a mere formality. In fact, at the Con- a strong one. Here is what he said: stitutional Convention of 1787, the nomination but about the role and re- While the debate about vacancy rates on sponsibility of the Senate under our power of judicial appointment was a our Federal courts is not unimportant, it re- Constitution. subject of enthusiastic debate. mains more important that the Senate per- I rise today to expand on the points I The first proposal that came from form its advice and consent function thor- made yesterday because, after further delegates to the Convention was that oughly and responsibly. Federal judges serve reflection and careful thought about the choice of Federal judges should be for life and perform an important constitu- this body’s constitutional obligations left to the Senate alone—that it would tional function without direct account- to provide advice and consent on judi- be this body, acting on its own, that ability to the people. Accordingly, the Sen- would appoint judges to the bench. ate should never move too quickly on nomi- cial nominations, I believe there are nations before it. even greater reasons for us to focus Then a competing proposal was put I couldn’t agree more. I think Sen- during this time on that responsibility. forth arguing that, no, the President There has been, clearly, a debate should nominate and appoint judges ator HATCH was right in 1998. going on about the role of the Senate and that the Senate should have only He also stated that he had ‘‘no prob- in judicial nominations, and many of the power to reject or approve those lem with those who want to review . . . my friends on the other side have made candidates. nominees with great specificity.’’ That is all we are asking for. But we the point that their view is the Senate But what was it after the debate that can’t review this nominee with great defers to the executive when it comes our Founders decided was the Amer- specificity because he has become kind to judicial nominees. That would cer- ican way? How did they conclude what of an emblem of nonspecificity with tainly be a surprise to the 42nd Presi- was the proper balance between these nonanswers and nonresponses. dent of the United States, that that is competing positions? Clearly, the It is really hard to imagine someone the position of my friends on the other adopted language was a compromise. being considered for the important po- side. And, equally clearly, those who agreed Furthermore, there are those who to that compromise did not view our sition that he would hold for life tell- argue the Senate’s role is to give ad- role—the Senate’s role—as insignifi- ing Senators who inquired that he real- vice and consent, but that does not en- cant or deferential. In fact, Alexander ly didn’t have anything to say about compass an inquiry into a nominee’s Hamilton in Federalist No. 76 writes any Supreme Court decision in the his- judicial philosophy. that the Senate’s participation in the tory of the Court. I, for one, believe on both of those judicial nomination process was essen- Of course, my colleague from Mis- grounds our colleagues are mistaken. I tial in order ‘‘to promote a judicious sissippi, Senator LOTT, has also re- have done some further research and choice of men’’—of course, he would minded us that: inquiry into what is it we mean when say men and women were he writing Yes, the President has a right to make we open up our Constitution and we today—‘‘for filling the offices of the nominations to the Federal bench of his look at article II, section 2 and we see Union.’’ He further stated that the Sen- choice. However, we—namely, the Senate— have a role in that process. We should, and these words, ‘‘advice and consent.’’ ate’s advise and consent role serves as we do, take it very seriously. We should not Given the extraordinary brilliance and ‘‘a considerable and salutary restraint give a man or a woman life tenure if there is the economic use of words in the Con- upon the conduct’’ of the President. some problem with his or her background, stitution, I assume every word means There is plenty of evidence that ex- whether academically or ethically, or if something. Each word was battled ists which demonstrates what the there is a problem with a series of decisions over. Each word was poured over. A lot Framers intended with respect to the or positions they have taken. of effort went into coming up with advice and consent clause. This clause Of course, we don’t know whether those words that would help to guide added formation and, in all of the dec- there is any problem with respect to our infant Nation. So I take advice and ades since, contemplated a strong and this nominee’s decisions. He has never consent very seriously. decisive Senate role that would serve been a judge, and we have no idea what It is particularly important to recog- to advise and consent with respect to his positions are on anything. nize I am not alone in viewing this ob- the President’s nominees—or, to put it It is hard to imagine that any Mem- ligation with seriousness. From the another way, would serve to balance ber of this body could, as some of my very beginning of our country it has the power of the President’s nomi- colleagues on the other side have been been a concern. It was one of those ele- nating authority by Senate legislative saying over the last days, say that we ments in the balance of power that was power. really do not have to worry too much

VerDate Dec 13 2002 04:14 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\CR\FM\A12FE6.043 S12PT1 S2292 CONGRESSIONAL RECORD — SENATE February 12, 2003 about this advice and consent clause The Senate must be convinced that a litical branches together: the President because the Senate plays only a minor nominee is impeccably competent. But com- nominates, but the Senate must confirm. role in the nomination process. I would petence alone is not sufficient. It is not Providing ‘‘advice and consent’’ on judicial be more than happy to provide a list of enough that a nominee be skilled in legal ar- nominations, therefore, is no mere senatorial gument and knowledgeable about legal doc- courtesy but a constitutional duty of funda- citations and references so that any trine, and that . . . he be able to write clear- mental importance to the maintenance of Senator who has been led to believe ly and forcefully. our tripartite system of government. that would know it is not the case. A candidate for the federal bench must, as Those who wrote the Constitution cer- In fact, one of the very best descrip- Hamilton wrote in Federalist No. 78; ‘‘unite tainly did not envision the Senate’s power of tions of what advise and consent means the requisite integrity with the requisite ‘‘advice and consent’’ to be a formality. The in the Constitution that I have able to knowledge.’’ The nominee also must exhibit allocation of the appointment power was the find comes from a very well respected a strength of character and a range of vision subject of keen debate at the Constitutional former Republican Senator from Mary- that will help [him] look beyond the world Convention of 1787, which initially proposed a draft that left the choice of Federal judges land, Mr. Charles McC. Mathias. In that exists on the day on which [he] is nomi- nated. . . . to the Senate alone. The adopted language 1987, Senator Mathias submitted an [T]he full senate should have the oppor- was a compromise, and it is clear that those essay that was published in the Univer- tunity to consider each nomination on a who agreed to the compromise did not view sity of Chicago Law Review, a very complete record. . . .[Senators] should have the Senate’s role as merely ceremonial or prestigious publication. The essay is the opportunity to review the transcripts of ritualistic. entitled ‘‘Advice and Consent: The Role hearings and to solicit other advice on the The reasons that the Framers con- of the United States Senate in the Ju- merits of the issue before voting. templated a strong Senate role in the proc- ess of judicial appointments are plain. It dicial Selection Process.’’ This I would The goal of these procedures is not to sec- ond-guess the judgment of the president in must be remembered that Federal judges are commend to all of my colleagues be- not, like the President’s cabinet, to serve the cause the debate we are having today is submitting the nomination to the Senate, but to ensure that the factors underlying will of the Chief Executive, but officers ap- not just about one nominee. And it is that judgment are sufficiently disclosed to pointed for life to a separate and inde- not just about one President or one po- permit the Senate to make an informed and pendent branch of government. If those ap- litical party. It is about how we fulfill independent evaluation of the president’s pointed to these lifetime judicial posts our constitutional obligations. Senator choice. should ultimately prove unequal to the task or unsuited to the role, they cannot be dis- Mathias has it just right. That is really the nub of what we are missed. Impeachment by the House and trial Among the important points he concerned about. by the Senate is the only constitutionally makes are the following: Listen to the words of a former Re- authorized method of removing unfit judges, Among all the responsibilities of a United publican Senator who served with and the great difficulty of such a process States Senator, none is more important than great distinction in this body: makes it usable only in situations of out- the duty to participate in the process of se- rageous misconduct. The only practical op- The goal . . . is not to second-guess the lecting judges and justices to serve on the portunity to consider the merits of a judicial judgment of the president . . . but to ensure Federal courts. candidate, therefore, is before that appoint- that the factors underlying that judgment ment is made. It thus becomes not only ap- Senator Mathias goes on: are sufficiently disclosed to permit the Sen- propriate, but obligatory, that the Senate The Senate’s duty in this sphere is extraor- ate to make an informed and independent pass on judicial nominees with greater scru- dinary. Most other senatorial decisions are evaluation of the president’s choice. tiny than it reviews the President’s choices subject to revision, either by the Congress Senator Mathias concludes: itself or by the executive branch. Statutes for his own subordinates. can be amended, budgets rewritten, appro- For when the Senate carries out its func- Whatever the philosophy of government or priations deferred or rescinded, but a judicial tion of advice and consent, its first loyalty theory of law, the demands that the Nation nomination is different. When the Framers must be not to the political parties, nor to makes on its Federal judges are indisputably of the Constitution decided that Federal the president, but to the people and the con- great. The Federal courts play an increas- judges shall hold their offices during good stitution they have established. ingly critical part in American government. behavior, and may be removed only by the It is not only former Senators who The men and women of the Federal bench rarely utilized process of impeachment, they must possess open minds that are capable of have understood this and would be as- grasping sophisticated legal analysis, and guarantee respect for the principle of judi- tonished at the amnesia that seems to cial independent. that can grapple intelligently with funda- have descended upon us about what the mental constitutional issues. To Federal Senator Mathias goes on to point debate among the Framers was, about judges is given the task of policing the out: what the settled law and understanding boundaries between State and Federal gov- It will no longer provide—Their deci- of the Constitution was, about what ernment, of giving principled articulation to sion also meant, however, that the vote distinguished Senators who served in the content of the basic human rights pro- to confirm a judicial nominee must ex- this body always believed it to be. But tected by the Constitution, of enforcing the press the Senate’s confidence in the myriad and complex Federal statutes and this is the weight of all of the legal and regulations, and of overseeing complicated nominee’s ability to decide the burning academic analysis of the clause that legal controversy not only of the day commercial and criminal litigation. Sen- has been done over so many years. ators therefore have a duty, both to the Con- but of future decades as well. The Con- One of the most effective and thor- stitution and to the Nation’s citizens, busi- stitution gives the Senate the consent ough analyses of the advise and con- nesses, and public and private institutions to power, not as a mechanical formality sent obligation is found in a joint ensure that the President’s nominees have but as an integral part of the structure statement by Philip Kurland from the the experience, the talent, the intellectual of government . . . If the Senate does University of Chicago and Laurence acumen, and the fairness of mind to perform not take its role seriously, it will lose their functions and, particularly in the case Tribe from Harvard, dated June 1, 1986, of appellate judges, to contribute lucidly to its effectiveness as, in Hamilton’s entitled: ‘‘Joint Statement to the Sen- words— a body of legal precedents that can enlighten ate Judiciary Committee on the Role and guide trial courts, litigants, and those ‘‘a considerable and salutary restraint of Advice and Consent in Judicial who must try to enlighten and guide trial upon the conduct’’ of the President. Nominations,’’ submitted to the Judi- courts, litigants, and those who must try to Senator Mathias points out what ciary Committee. I ask unanimous con- anticipate what courts will do. Candidates for the Federal bench should should be obvious to us all. A nominee sent that it be printed in the RECORD. should: There being no objection, the mate- meet a higher standard than that required for most government officers. A career [E]merge from the nomination process rial was ordered to be printed in the knowing that the president and the Senate marked by integrity, capacity, wisdom, and RECORD, as follows: have confidence that he will preside with commitment is the minimal qualification. If only one unalterable loyalty, to the Con- June 1, 1986. it is not readily apparent that a candidate is stitution, and with only purpose, to assure To the Senate Judiciary Committee: truly distinguished, the burden should be on the individual standing before him a judg- The United States Senate has too often the President to demonstrate the merits of ment based upon the law of the land. been confused and uncertain about its role in the nominee. A nominee’s entire record—pro- approving Federal judicial nominees. The fessional achievements, public service, aca- Senator Mathias makes another very Constitution entrusts the power to appoint demic credentials, appellate briefs or other critical point in his University of Chi- the member of the third branch of the Na- legal writings, scholarly or other publica- cago Law Review article about the ad- tional Government not to the executive tions—should be reviewed carefully to screen vice and consent clause. He says: branch nor to the legislature, but to both po- out the merely competent, and certainly, the

VerDate Dec 13 2002 04:53 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\CR\FM\G12FE6.132 S12PT1 February 12, 2003 CONGRESSIONAL RECORD — SENATE S2293 simply mediocre. Respect for the institution Mrs. CLINTON. Professors Kurland Even in the absence of evidence of a of the Federal courts—and for the onerous and Tribe, joined by Professors William nominee’s lack of adherence to con- responsibilities of the Federal bench—re- R. Kenan and Ralph S. Tyler, wrote stitutional values, it is something that quires nothing less. The responsibility of appointment to the that: we have to take seriously. We have to independent judiciary was divided between [P]roviding ‘‘advice and consent’’ on judi- be assured, we have to be reassured, the White House and the Senate in part to cial nominations . . . is no mere senatorial that when we cast our votes, we are avoid burdening the Federal courts with can- courtesy but a constitutional duty of funda- doing so in the best interests of our didates selected solely to satisfy criteria un- mental importance to the maintenance of Constitution and our country. related to judicial excellence. The President our tripartite system of government. It has been clear in the debate so far is certainly entitled to prefer loyal sup- Now, that is a mouthful that really that the Constitution has become porters and like-minded thinkers in choosing says a lot. This little clause—just three something of a political football. There among the exceptionally qualified; but no words—is so important to our tri- are those who—when the shoe was on President has a right to treat Federal judge- partite; namely, our three branches— ships as mere patronage appointments sim- the other foot and the occupant of the ply to reward friends or to assure a judiciary executive, legislative, and judicial—of White House was of another party— packed with ‘‘true believers.’’ And the Sen- Government. Well, it is. That is why were certainly more than ready to ask ate is surely not required to defer to the ap- we advocate it, not at our peril—we any question and to raise any objection pointment of men and women whose most sa- will come and go—but at the peril of that they could possibly imagine. lient qualification is their location in a par- undermining this extraordinary, bril- I listened, with great interest, to my ticular partisan line-up or their devotion to liant construction of the United a particular cluster of political or philo- good friend from Utah say, with great States, a tripartite form of Govern- conviction: We never, ever filibustered sophical views. ment, kept in equilibrium by a balance The Senate has the further obligation to a judge. assure itself that a nominee’s substantive of power. That may be technically true, but views of law are within the broad bounds of That is a heavy responsibility, to the reason is because they wouldn’t acceptability in American public life and not think of giving up advise and consent, give nominees hearings. They wouldn’t on its lunatic fringes—whether left or right. giving up the Senate’s constitutional give nominees votes, and they would The Republic may demand—and its Senators duty because, as this statement goes not bring them to the floor where they ought therefore to ensure—that is life- on to say: tenured judiciary does not disdain the Bill of possibly could be filibustered. It is The reasons that the Framers con- somewhat surprising to hear that argu- Rights or the Fourteenth Amendment’s com- templated a strong Senate role in the proc- mand for equal protection of the laws and ess of judicial appointments are plain. It ment being made with a straight face. due process. must be remembered that Federal judges are In the years between 1995 and 2000, The absence of evidence of a nominee’s not, like the president’s cabinet, to serve the the Judiciary Committee refused to lack of adherence to constitutional values will of the Chief Executive, but officers ap- hold hearings or to permit votes for should not be deemed a sufficient ground for pointed for life to a separate and inde- more than 50 judicial nominees sub- confirmation. When dealing with a lifetime pendent branch of government. mitted by President Clinton. Some appointment to the Federal bench, rather If those appointed to these lifetime judi- than the trial of a criminal defendant, one’s nominees waited years for a hearing. cial posts should ultimately prove unequal Some nominees waited years for a vote. doubts as to a candidate’s commitment to to the task or unsuited to the role, they can- the Bill of Rights or to constitutionally com- not be dismissed. One such nominee, a Hispanic judge, manded equality must be resolved in favor of Impeachment by the House and trial by Judge Paez, waited more than 1,500 the Constitution rather than the candidate. the Senate is the only constitutionally au- days. Others waited more than 1,500 None of this is to say that the Senate, any thorized method of removing unfit judges, days, never received the courtesy of a more than the President, is justified in using and the great difficulty of such a process hearing, never received the courtesy of litmus tests that seek out a candidate’s un- makes it usable only in situations of out- a vote. swerving commitment to upholding or re- rageous misconduct. The only practical op- versing a particular * * * dealing with * * * So here we are, and we are being portunity to consider the merits of a judicial somehow taken to task because the vised than the confirmation of ‘‘single-issue’’ candidate, therefore, is before that appoint- nominees who appear to have been selected ment is made. It thus becomes not only ap- other side never filibustered. But they solely on the basis of their aversion to or en- propriate, but obligatory, that the Senate controlled the committee. They didn’t dorsement of one particular line of legal doc- pass on judicial nominees with greater scru- have to filibuster. They just let nomi- trine. tiny than it reviews the president’s choices nees languish, twist in the wind, and Finally, the Senate must realize that, in for his own subordinates. eventually disappear. I didn’t approve the appointment process, the power of nomi- Whatever the philosophy of government or nation belongs to the President alone. Sen- of that. I thought that was unfair to a theory of law, the demands that the Nation lot of very decent Americans of tre- ators are not entitled to a ‘‘short list’’ of makes on its federal judges are indisputably their own. Therefore, it is not a sufficient great. The federal courts play an increas- mendous intellectual, academic, and objection to an otherwise legally distin- ingly critical part in American government. legal experience and qualifications. guished and constitutionally acceptable To federal judges is given the task of polic- What we are doing now is trying to nominee that a Senator would prefer some- ing the boundaries between state and federal do the work of the Judiciary Com- one from a different part of the legal profes- government, of giving principled articula- mittee. The Judiciary Committee sion or a different part of the country, or tion to the content of the basic human rights would not stand for the prerogatives of someone of a different race, gender, or ide- protected by the constitution, of enforcing ology. But neither is a confirmation vote in this body and insist the nominee an- the myriad and complex federal statutes and swer questions, provide information, order whenever the best that can be said of regulations, and of overseeing complicated a nominee is that he has spent some time in commercial and criminal litigation. require the administration to come for- law or public life and is untainted by any Senators therefore have a duty, both to the ward forthrightly and give the docu- major scandal. Even at levels below that of constitution and to the Nation’s citizens ments and the other background mate- the Supreme Court, where the need for ex- [who sent us here] to ensure that the presi- rial that was requested. The only way ceptional distinction should be beyond de- dent’s nominees have the experience, the tal- we can exercise our constitutional duty bate, the Nation has a right to expect more ent, the intellectual acumen, and the fair- to advise and consent is to raise these than minimum qualifications and probable ness of mind to perform their functions, and, fitness from its Federal judges. And it has a issues here in the Chamber. particularly in the case of appellate judges, I want to put this into the context of right to insist that the Senate, whatever the to contribute lucidly to a body of legal practice of the past decade or two, recall the precedents that guide [our] courts. . . . why this would be important to any- Framers’ vision of its solemn duty to provide The Senate has the further obligation to body outside the Senate. Again, I imag- advice and consent, rather than perfunctory assure itself that a nominee’s substantive ine people trying to make sense of all obeisance, to the will of the President. views of law are within the broad bounds of of this, trying to figure out what it is PHILIP B. KURLAND. acceptability in American public life and not all about. In fact, it is about the people WILLIAM R. KENAN, on its lunatic fringes—whether left or right. themselves. Senators come and go. Distinguished Service Professor, University of The Republic may demand—and its Senators Presidents come and go. The Constitu- Chicago. ought therefore to ensure—that its life- LAURENCE H. TRIBE. tenured judiciary does not disdain the Bill of tion, we hope, not only stays but pre- RALPH S. TYLER, Jr., Rights or the Fourteenth Amendment’s com- vails. The Constitution, which set up Professor of Constitutional Law, Harvard mand for equal protection of the laws and this genius form of government, unlike University. due process. anything that any group of human

VerDate Dec 13 2002 04:53 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\CR\FM\A12FE6.023 S12PT1 S2294 CONGRESSIONAL RECORD — SENATE February 12, 2003 beings have ever devised for them- stitution and to do what we are told to Let me say, with all due respect to my col- selves, is our underpinning. It is our do. leagues, I am not starting down any new bedrock. That is not what the decision was path. I am going to be very specific and The interpretation of it can change when the debate took place among our prove exactly my point that we are not starting down a new path of blocking a judi- from time to time. That is as it should Framers. If you look at the Federalist cial nominee. That path is well worn. We are be. That is part of the genius of our papers, if you look at all of the com- following a path; we are not starting down Constitution—that it was an organic, mentary in the many years since, this any new path. growing document to take into account was a solemn duty that was given to I could not say it better myself. In a nation that started out primarily the Senate. fact, I wish I had said it as well. But it agrarian and now is in the midst of the When people say: Why are you debat- is not only Senator SMITH, it is also information revolution. We couldn’t ing this, I think there are a number of Senator HATCH, on January 28, 1998: even imagine thinking we had to live reasons. First, because it seems to Conducting a fair confirmation process, and work and govern ourselves in the those of us who are debating, it is our however, does not mean granting the Presi- same way as our predecessors did 200 duty. It is our responsibility. We read dent carte blanche in filling the Federal ju- plus years ago. But the values don’t the Constitution. We read what people diciary. It means assuring that those who change. The balance of power that is said about it at the time it was writ- are confirmed will uphold the Constitution fundamental to our tripartite system ten, what people have said about it re- and abide by the rule of law. of government doesn’t change. Human cently. We read what our colleagues Senator HATCH, October 3, 2000: beings may fly through the air in air- have said about it, when the shoe was The President has broad discretion, as we planes rather than traverse from place on the other foot, and we have to con- know, to nominate whomever he chooses for to place on horseback, but fundamental clude we are fulfilling our constitu- Federal judicial vacancies. The Senate, in its role, has a constitutional duty to offer its human nature doesn’t change. tional responsibility. advice and consent on judicial nominations. The reason we have a balance of I went back and looked at the CON- Each Senator, of course, has his or her own power is because the Framers were ab- GRESSIONAL RECORD at some of the criteria for offering this advice and this con- solutely the best psychologists who comments some of my friends on the sent on lifetime appointments. The Judici- ever came together in any place in the other side have made in the past about ary Committee, though, is where many of world. They knew, as they revolted what we should do when it comes to ad- the initial concerns about nominees are against a king and a royal system, that vising and consenting. I agree with raised and arise. All of this information is, of what they said. When the shoe was on course, available to every member of the Ju- they were setting up the potential for diciary Committee and must be thoroughly self-government. They recognized in the other foot and it was a Democratic reviewed before the nominee is granted a order for self-government to work, you President sending judicial nominees, hearing by the committee. If questions about had to be realistic about human beings. the same speeches were said on the a nominee’s background or qualifications You couldn’t be too optimistic. You other side of the floor, which strikes arise, further inquiry may be necessary. Ob- couldn’t be too pessimistic. You had to me as definitive, conclusive proof of viously, this is a long process, as it must be. get it just right, kind of like Goldie what this is all about. After all, these are lifetime appointments. Locks. If you were too optimistic about For example, Senator SMITH, March Senator HATCH, May 23, 1997: human nature, you would certainly be 9, 2000: The primary criteria in this process is not disappointed. If you were too pessi- The Constitution gave the Senate the ad- how many vacancies need to be filled, but mistic about human nature, you vise and consent role. We are supposed to ad- whether President Clinton, or whoever the President is—whether their nominees are wouldn’t have enough hope to get up vise the President and consent, if we think the judge should be put on the court. We do qualified to serve on the bench and will not, and move forward and try to solve not get very much opportunity to advise be- upon receiving their judicial commission, problems. cause the President just sends these nomina- spend a lifetime, a career, rendering politi- So the Framers had to get it right. tions up here. He does not seek our advice. cally motivated activist decisions. And did they ever get it right. They And then we are asked to consent. It seems Then Senator HATCH goes on to say understood completely that we had to as if the Senate should be a rubber stamp, something else I agree with 100 per- restrain ourselves, that we had to have that we should just approve every judge that cent: comes down the line and not do anything systems that protect against runaway The Senate has an obligation to the Amer- about the advise and consent role. executive power, runaway legislative ican people to thoroughly review the records power, runaway judicial power. They I agree 100 percent with what Senator of all nominees it receives to ensure that had it absolutely right. SMITH then said: they are capable and qualified to serve as The advice and consent clause is part That is not the way that I read the Con- Federal judges. of how they got it right. I don’t care if stitution. I believe that is wrong. We have an Listen to that specific point that you are Republican or Democrat, if you obligation under the Constitution to review Senator HATCH made back in 1997: served in the Senate in the 19th or 20th these judges very carefully. There has to be a thorough inquiry and or 21st century, they got it right. In that same vein, Senator SMITH on the Senate has to determine whether a What we are saying is we don’t want another day, the same month, March 7, nominee would, upon receiving their to second-guess the Framers. We don’t 2000, went on to explicate this impor- judicial commission, spend a lifetime, want to substitute our judgment for tant responsibility. I wish all of us a career, rendering politically moti- theirs. We want to do what we are ex- would listen to it. I think this is ex- vated, activist decisions. That is really pected to do by the Constitution. actly right. He said: the nub of what we are looking to de- We wouldn’t even be here having this I think the constitutional process is very termine. debate if the constitutional responsi- clear, that the Senate has the right and the There is more than sufficient concern bility had been fulfilled in the Judici- responsibility under the Constitution to ad- that the nominee before us would do ary Committee. I have listened to my vise and consent. That is exactly what I intend to do in my just that. And the reason why the ad- colleagues talk about all of the paper role as a Senator as it pertains to the two ministration will not, and maybe per- that has been submitted and all of the nominees before us. The issue, though, is chance cannot provide the information time that has been taken to pass this whether it is OK to block judicial nominees. requested, is because to do so would nominee through the Judiciary Com- We have heard from a couple of my col- make abundantly clear that this is a mittee. But they know as well as we leagues in the last few moments that it isn’t nominee on a mission, that this is a that many of the critical questions OK to block judicial nominees, as if there nominee who will do exactly what Sen- was something unconstitutional about it. were never answered. Many of the es- ator HATCH warned about when the sential documents that would give us There is thinking by some that we should not start down this path of blocking a judi- shoe was on the other foot; namely, insight into the attitudes and the be- cial nominee whom we do not think is a good render politically motivated, activist liefs and the philosophy of this nomi- nominee for the Court because it may come decisions. nee were never produced and that, in back to haunt us at some point when and if Now, there may be some on the other effect, we are asked to basically abdi- a Republican should be elected to the Presi- side who believe they would agree with cate our advise and consent responsi- dency. these politically motivated activist de- bility, to turn our back on the Con- Senator SMITH goes on: cisions, so bring it on. But I don’t

VerDate Dec 13 2002 04:53 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\CR\FM\G12FE6.135 S12PT1 February 12, 2003 CONGRESSIONAL RECORD — SENATE S2295 think that is our responsibility. Our re- might still be nominated and con- on a particular nominee, for whatever sponsibility is to know ahead of time. firmed, but the American people have a reason, I think that does a disservice The American people don’t get to right to know who these people are to the seriousness of our concerns be- interview and vote on these nominees. who are being nominated because they cause it was this nominee who would If some nominee overturns, when he or are going to be making decisions that not answer the questions. It was this she is on the bench, fundamental work- affect the daily lives of Americans. nominee who did not provide the mate- er protections for people who work When you nominate a stealth can- rials. hard and play by the rules of what they didate, when you send him up to the My very alert counsel has just re- are supposed to do at work, that affects Judiciary Committee and tell him to minded me that when Justice Taney the lives of millions of Americans. If dodge and duck and divert and do not was first rejected after being nomi- someone decides they don’t like the Vi- answer a straight question with a nated by President Jackson in 1835 and olence Against Women Act, or they straight answer, is it any wonder that then was renominated and confirmed in don’t believe there is a right to privacy people get a little suspicious and 1836, he went on to write one of the embedded in the Constitution, that af- maybe say: Wait a minute; if this man most discredited, racist, despicable fects millions of Americans. will not even come and tell us what Su- opinions in the history of our court. So I think it is imperative that we preme Court decision he agrees with, Judge Taney was the author of the listen to what our colleagues on the going back to Marbury v. Madison, and Dred Scott decision. Maybe the coun- other side of the aisle said during the he says he cannot name one; How about try would have been better off and 1990s. All of this concern about advice one with which you disagree? Well, I saved a whole lot of misery if the Sen- and consent, all of this caution about can’t name that either; that does not ate had delayed action and had never rushing to judgment and voting—slow pass the smell test, I am sorry. That is confirmed him when he was renomi- it down, do a thorough review, don’t a witness who has been well coached nated. We just never know. We have to move too quickly. In fact, don’t even and told: Don’t rock any boats, don’t do the best we can given our own give people hearings or a vote in com- answer any questions, don’t reveal human limitations and idiosyncrasies mittee. It is imperative that now we your true opinions. Just try to get based on the information available. try to get back to that balance of through the process. There are some, and I respect their power that the Constitution estab- That is why we need an advice and opinion, on both sides of the aisle who lished. consent clause in the Constitution, and say: If the President sends somebody Turning down nominations for a that is why the Framers put it there. It up, I am voting for it, no questions judgeship is something that goes back very well may be if he answered the asked. That is how I believe the Con- to the beginning of our Republic. It is questions forthrightly, if he said: My stitution is to be interpreted, as far as not as though this is the first time we favorite Supreme Court decision is I am concerned. have ever had this debate. We have had Marbury v. Madison, my least favorite With all due respect, I think that is many nominees rejected, starting with is—pick one out of thousands—we an abdication of responsibility. one of President Washington’s nomi- would say: We do not agree with you, For most of us, we try to get behind nees. John Rutledge was nominated in but OK. But he will not do that. the nomination. We try to understand, You have to ask yourself: Why won’t 1795 by President Washington. Why was not just the academic or legal back- he do that? Certainly given the kinds he turned down? He was thought to be ground which can be described by of questions that were asked of nomi- well qualified. He had quite an experi- where you worked, who you worked for, nees during the 1990s that went into all ence that could certainly be impressive what clients you had, what cases you kinds of areas—their associations, the when examined. He was a member of tried or argued, but if that is all we meetings they attended, how they even the Federalist Party, which should cer- did, we could put that into a computer. voted—it is hard to understand why We would not need the Senate. We tainly ring a bell with my colleagues this nominee cannot be expected to an- would computerize that decision. That on the other side. But he was turned swer pertinent questions about the law, is not what we are supposed to do. We down because of his political views. about his opinions concerning Supreme The idea that somehow the political are supposed to get behind the statis- Court decisions. views and positions of a nominee for a The fact he refuses to do so, or has tics, under the resume to satisfy our- lifetime appointment are off limits to been ordered not to do so, fundamen- selves that the person we give this life- the Senate has no basis in fact, his- tally defies the constitutional duty of time job to is motivated by only one tory, or law. The very first nominee in this body to advise and consent. reason: to render justice to the best of 1795 by probably the most popular I know there are those who have ar- his ability no matter who the parties President that we have ever had, be- gued that there is already an adequate are, no matter what the outcome of the cause he was the first—and lucky for amount of information in the record matter may be, not to serve a political him he didn’t have to be compared to that should be taken at face value. philosophy or ideology, not to serve a other people and given all of the dif- That is hard to do. That is hard to do political party or even a President but ficulties that our subsequent Presi- because, in the absence of a willingness to really do the hard work of justice. dents have faced—but President Wash- to answer pertinent, relevant ques- It is a hard job, it is a really hard job ington’s nominee was rejected because tions, many of us do not believe the and especially today. There are so of the political positions he had taken. nominee has sufficiently subjected many factors at work in our society, so Of course, that was not the only himself to the process that this body many difficult decisions to be made early nominee to be rejected. President has established to permit Senators to about how we keep this wonderful, pre- Madison nominated Alexander Wolcott make an informed decision. cious democracy of ours moving for- in 1811. He was rejected. If we go back and look at the reams ward that judges have a very tough job. He was rejected. President Jackson of material that I reviewed to deter- It is not for the casual or the indolent. nominated Roger Brook Taney in 1835. mine what was the basis for the advice It is for people who really care, will He was rejected the first time. He came and consent clause, I think that is ob- work hard, and will follow the law, the back a year later and was accepted. vious to us all it is there for a purpose. Constitution, and their conscience. There are many such situations. We ignore it at our peril. We have a We are judging not just a legal re- It is revising history to claim that duty to abide by it. sume. We are judging a potential judge. we cannot inquire into someone’s opin- I again urge my friends and col- We are asking ourselves: Will everyone ions. If we are going to put someone on leagues on the other side to read the who appears before this court get the the bench who does not believe there is extensive description of the advice and benefit of a fair rendering of justice? a right to privacy in the Constitution, consent clause and the role of the Sen- Until we can satisfactorily answer which would perhaps lead to the over- ate in the judicial selection process by that question about this nominee, we turning of many decisions that protect former Republican Senator Charles cannot move forward. We should not people’s privacy in the sanctity of their McC. Mathias. move forward. We should follow the home or with respect to their bodies, When my friends and colleagues raise words of our colleagues when the shoe we should know that. That person the issue that somehow this is focused was on the other foot and it was a

VerDate Dec 13 2002 04:53 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\CR\FM\G12FE6.138 S12PT1 S2296 CONGRESSIONAL RECORD — SENATE February 12, 2003 nominee from a Democratic President qualified by his own colleagues in the should be. I have seen the big thick that caused questions and concerns on American Bar Association. book that the chairman of the Judici- the other side. I find it interesting, as the case is ary Committee had, all the questions I personally think that was overdone, trying to be made, that somebody is he was asked, the responses. What else and that many good, decent people who being denied their constitutional is there to know about this man that would have made fine judges were de- rights, the constitutional right of ad- has not been revealed? Instead, we hear nied the right to go forward, but it was vice and consent. I tell the American ‘‘deny,’’ when not one person in the done in the name of the Constitution. people, no Senator is being denied ac- United States as a Member has been It was done under the rubric of advise cess to this floor. No Senator is being denied access to this floor. and consent. denied the ability to come to this floor Cases that have to do with public It is a little hard to understand how and make his or her case either in sup- lands have great ramifications for my friends on the other side can, with port or opposition to the confirmation Montana. Therefore, not only will I straight faces, say that is not what it of Miguel Estrada. Everyone is free to think he will be fair, judicial, and con- means at all. How dare we question do so and is afforded the opportunity to stitutional, but I believe it is also im- this nominee. How can we ask for more discuss the merits of one side or the portant to fill this vacancy. Right now, information? Because that is what we other. Nobody is being denied that. It we see declarations of emergencies in think our duty is, just as at a previous is pretty simple, and I think the Amer- so many of our appellate courts that time those on the other side thought it ican people understand that. Come we are seeing justice delayed, justice their duty. down and make your case. If you did denied. It is difficult to explain how the Con- not make it the first time, come back So what do we see happening today? stitution’s interpretation could flip so the second time, come back as many It is written in the Constitution about quickly. I do not think that is good for times as you like to respond. our rights not being denied, but we the Constitution. I do not think that is No one has been denied anything sure see a little bit of obstructing and good for this body. I do not think it is dealing with the merits of this man delaying in the confirmation process. good for the judiciary. Most of all, I do Miguel Estrada. Come down and make We will not even be denied a vote. not think it is good for our country. I your case. Then vote. It is very simple. Every Senator will come down and cast think no matter who is in the White There is nothing hard to understand his vote. House, no matter who is in the Senate, about that. He was rated the highest rating of we ought to do our level best to fulfill If a good case is made, there may be the American Bar Association. Yet we the duties the Constitution places upon 51 votes. Folks will vote for you and have heard it argued that he does not us. That is what I am attempting to do you have won, and we will say con- have the right qualifications to serve to the best of my ability. I know that gratulations. Nobody is being denied the court and therefore make a deci- is what all of my colleagues attempt to that. sion that we are going to talk the nom- do. We see quite a lot of dust being ination to death. The Senate is a better When we face a moment such as this, kicked up to fuzz up and confuse the body than that. Being around politi- which seems fraught with so much issue. The issue is Miguel Estrada. cians a lot, being talked to death hap- meaning not only with respect to a That is what it is about. He has been pens to be the worst death in the world. nominee and not only with respect to nominated to occupy a seat on the DC So, is he qualified? You bet he is. the judiciary but to that fundamental Court of Appeals. Does he meet the limits on some folks? balance of power, we have to be careful. I am not an attorney, never been Maybe not. Does he meet their litmus We will live with the precedents that hinged with that title, but I too get to test, maybe a personal litmus test? are set. vote. I too get to look at information, Maybe not. But there were people who Lord Acton had it right when he said, both positive and sometimes negative, disagreed with us when we ran for of- power corrupts and absolute power cor- about this man. He will be the first fice and no one was denied the vote. If rupts absolutely. Hispanic to serve on the DC Court of we had to go through this process just We must have those checks and bal- Appeals, and I applaud President Bush to get elected to the Senate by our con- ances. We must keep that fabulous, un- for nominating a candidate of this stituency, we might not ever get here; believable genius of our Framers alive. quality and this integrity. we would be talked to death at home. I hope we can see some attention being He is a living example of an Amer- We are not going to talk about his paid to the legitimate questions and ican attaining what he terms as his background. We are going to talk concerns that are being raised about American dream. Right now he is being about this American. No, he did not this nominee and about this process denied a vote. That seems sort of start here, but this American has ap- and about the Constitution we revere strange to me. He deserves an up-or- plied his talents and his intellect to be- and serve. down vote, and at the end of that we come an appellate judge. I am proud of I yield the floor. will count them up and we will move this man. Nowhere else do we see an The PRESIDING OFFICER (Mr. on. example of who we are and why we are COLEMAN). The Senator from Montana. Why should I, a Senator from Mon- Americans. Mr. BURNS. Mr. President, I rise tana, be interested in a nominee to the Mr. SESSIONS. Will the Senator today and join my colleagues in sup- DC Court of Appeals? Well, so many yield for a question? porting the confirmation of Miguel cases are argued before this court that Mr. BURNS. I am happy to yield. Estrada to the DC Circuit Court of Ap- have to do with the management of Mr. SESSIONS. The Senator makes peals. We have heard more information public lands and the management of his point about having a right to a on this man than anyone I can remem- our national parks. Because I am from vote. The argument has been made pre- ber in recent times. There is not much a public lands State, it matters a great viously that we need advice and con- about this gentleman or this situation deal that the laws of the land are prop- sent, but we never vote. The Senator is that has not been said thus far on the erly judged and adjudicated. Every aware that on a filibuster it takes 60 floor of the Senate. piece of information that I have been votes, and on an up-or-down vote it The history of this man I can relate able to read or listen to or watch tells takes a majority, 51 votes; is that cor- to. I kind of started out on my own me he understands one little word in rect? about that age, but I will never attain the English language that is very im- Mr. BURNS. That is the way I under- the level of society and dedication he portant to each and every one of us. stand it. has. He did it the hard way, by his own The word is ‘‘fair,’’ dedicated to the Mr. SESSIONS. The Constitution is bootstraps. He is a graduate of Harvard study of both sides of any issue and right on advice and consent, and we Law School, near the top of his class. then relating that to the law or the can debate forever about that, what We also know he is a very successful Constitution of the United States and that means. Basically, it means what appellate lawyer who argued 15 cases making judgments. any Senators believe it means; is that before the United States Supreme That is pretty simple. We make right? They can vote on any basis they Court. We know he has been rated well things a lot more difficult than they want?

VerDate Dec 13 2002 04:53 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\CR\FM\G12FE6.141 S12PT1 February 12, 2003 CONGRESSIONAL RECORD — SENATE S2297 Mr. BURNS. That is my interpreta- we have outlined, and to refrain from passing so important there needs to be a check tion. judgment on his nomination until that in- and balance, so we need to have both Mr. SESSIONS. The Constitution quiry and the record is complete. the Senate and the President involved. says: The President shall have the Let me begin by saying the DC Cir- The President will nominate but the power, by and with the advice and con- cuit Court of Appeals is, in fact, an ex- Senate will have the responsibility of sent of the Senate, to make treaties, tremely important court in our Nation. reviewing and consenting to the nomi- provided two-thirds of the Senators It is very important to the people I rep- nation. That is the process that we are present concur; and he shall nominate resent in Michigan and to the people involved in right now. and, with the advice and consent of the that we all represent. It is, in fact, con- I might also say that we have con- Senate, shall appoint ambassadors, sidered the Nation’s second most im- firmed over 100 judges since President judges, and other court officers. portant court, second only to the U.S. Bush has come into his Presidency, and It did not say what the vote was, so Supreme Court. This court has exclu- just on Monday night we had three since the founding of our document, we sive jurisdiction over a broad array of votes. One was a Hispanic judge. We managed that to be a majority. Where important Federal regulations that af- moved forward in this process. But it needed a supermajority—more than fect people in their lives every single when we find someone comes to the Ju- 51 votes in this case—more than a sim- day—environmental protection, our diciary Committee and when he is ple majority, it set it out, two-thirds. civil rights, human rights, consumer asked to provide copies of his memos So wouldn’t the Senator agree that a protections, workplace statutes—items and information, when he basically fair reading of the Constitution would that touch our lives. We have the right says no, or I’ll just think about it, that indicate our Founders contemplated to know what someone’s views are in makes it very difficult for an informed that the vote here would be a simple general, and philosophy in general, as decision to be made. majority required for confirmation? that person is being considered for this Unlike other nominations that come Mr. BURNS. You are asking a man high court. before the Senate, such as ambassador- who is not trained in the legal dis- In addition, its judges are often nom- ships or executive nominees, Federal ciplines. inated to serve on the U.S. Supreme judicial nominations, again, are life- Mr. SESSIONS. But the Senator is Court, which is another reason why time appointments. I think it is so im- most trained in common sense. this is a particularly important nomi- portant to repeat that over and over Mr. BURNS. I say that the majority, nation, and a particularly important again. I have, in fact, supported the 50 plus 1, would be all it takes. decision for all of us in the Senate. confirmation of individuals, other Mr. SESSIONS. And that is what we Three of the current members of the nominees of the President for his Cabi- have done. Supreme Court, Justice Scalia, Justice net who certainly would not have been Is the Senator aware in his tenure in Thomas, and Justice Ruth Bader Gins- my personal first choice. But the Presi- this Senate that we have ever had a fil- burg, all previously served on the DC dent has the right to select his Cabi- ibuster maintained on a Federal judge? Circuit. So that is why this is particu- net—certainly within reason; has the Mr. BURNS. That is something else larly important and we should take the right to select his Cabinet, the people that sort of confused me the way you time necessary to make sure that the who will work with him during the 4 put your argument, but I am wondering right decisions are made. years that he is in office. That is not what this is about. This why we are raising the bar for this Despite the importance of the DC is about someone who will, in fact, nominee. Is that what we are doing Circuit Court, the administration is make decisions that will affect us, not here? Are we saying he has to stand a trying very hard to prevent the Senate for 3 or 4 years, but for 30 or 40 years, more difficult test than all others in from making an informed decision—an through numerous Presidents, making the past or all others will be asked in informed decision on Mr. Estrada. Mr. it even more important that we are not the future? Estrada has no judicial experience, nor a rubberstamp. The U.S. Senate has a I go back to that other old word, I is he a distinguished scholar or pro- very important role to play. say to my friend from Alabama: fessor, which means he lacks any real ‘‘Fair.’’ I guess that is all we ask, fair- As a part of this important responsi- public record. That is not disparaging bility, my Democratic colleagues on ness. Everything I have read and every- in terms of a comment as to his intel- the Judiciary Committee have tried to thing I have heard tells me that this lect, but it is a question of public obtain information, legal memos Mr. man is qualified to sit at any other record which we can review as to his Estrada wrote while serving in the Jus- man’s fire. And I would tell you they views and philosophies. tice Department. The Justice Depart- don’t come with a higher recommenda- He has spent the bulk of his career in ment has refused to provide these docu- tion than that. But let’s not ask this the Solicitor General’s Office and in ments which presumably would show man to be subjected to a higher bar private practice. This makes it ex- Mr. Estrada’s constitutional analysis than has been asked of every other traordinarily difficult for us to fairly of cases. This is very important. The American—not this American. evaluate him, and it makes his legal constitutional analysis of statutes— I yield the floor. memos and other work product abso- whatever his philosophies and beliefs— The PRESIDING OFFICER. The Sen- lutely critical for this evaluation. would give us insight into his judicial ator from Michigan. The Senate has a constitutional obli- reasoning, not on a particular case but Ms. STABENOW. Mr. President, I gation to advise and consent on a Fed- his reasoning. Unfortunately, as I indi- rise this evening to discuss the nomi- eral judicial nominee. This is a respon- cated before, he has not been forth- nation of Miguel Estrada to the DC Cir- sibility I take very seriously, as do my coming to the committee. In fact, he cuit Court of Appeals, and to express Senate colleagues, I know, from both has refused to answer the most basic grave concerns that we are being asked sides of the aisle. I might just remind questions before the committee. to vote on a lifetime appointment with us that as we read in our U.S. history During his nomination hearing, Mr. very little information on this nomi- books, there was a major debate as to Estrada refused to answer questions re- nee. There are many who have raised how to decide the nominees and the garding his judicial philosophy or his concerns about that very point. Let me members who would sit on the U.S. Su- views on important Supreme Court share one letter that has been written, preme Court. At one point, our Fram- cases, including Roe v. Wade. He even from the American Association of Uni- ers said the President should decide refused to name any Supreme Court versity Women. alone. At another point they said the case with which he disagreed. This re- We believe the information available re- Senate should be the one that has the fusal to provide necessary information garding Mr. Estrada’s record raises serious absolute right to decide who should be is absolutely unprecedented. Past ad- concerns about whether he should be given on this all powerful, important court ministrations and the current adminis- the enormous honor and responsibility of a that affects our lives so much. In the lifetime appointment to this Nation’s second tration have disclosed legal memos and most powerful Federal court. We strongly end they compromised, as they did in other information in connection with urge the members of the Judiciary Com- much of the discussions and the final both judicial and executive nominees. mittee to conduct a thorough investigation decisions as to the framing of our Gov- For example, in previous administra- of his record, including the areas of concern ernment. They said we believe this is tions the Senate has requested and the

VerDate Dec 13 2002 04:53 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\CR\FM\G12FE6.144 S12PT1 S2298 CONGRESSIONAL RECORD — SENATE February 12, 2003 Justice Department has provided simi- ministration when 10 of more than 30 mal processes of the Senate, I would lar memos, written by Justice Depart- Hispanic nominees were delayed or have the opportunity to take a mo- ment attorneys, including the writings blocked from receiving hearings or ment to do that. of Supreme Court Justice William votes by members of their caucus. I Mr. SESSIONS. If the Senator Rehnquist, the Ninth Circuit Nominee wish my colleagues had been outraged wouldn’t take long, if she wants to ban Stephen Trott, Supreme Court nominee when Ronnie White’s nomination lan- importation of some of that Canadian Robert Bork, Assistant Attorney Gen- guished for 21⁄2 years and then was re- lumber, I will join with her. I yield to eral nominee William Bradford Rey- jected on the Senate floor on a party- the Senator, if she is not going to be nolds, and Attorney General nominee line vote. I wish my colleagues had too long then. Benjamin Civiletti, among others. stood up for racial diversity when the Ms. STABENOW. I thank the Sen- This breaks with a longstanding President filed their brief opposing the ator. practice of cooperation between the University of Michigan’s admissions The PRESIDING OFFICER. The Sen- Justice Department and the Senate in policy to help create racial diversity in ator from Michigan has the floor. Ms. STABENOW. I thank the Chair. providing access to necessary mate- our law schools and our other colleges rials for nominations. and schools at the university. IMPORTATION OF CANADIAN WASTE The administration also has provided The Senate needs to apply the same Mr. President, I wanted to have an such memos for another nominee. The level of scrutiny and the same stand- opportunity this evening—realizing we Bush administration has provided the ards regardless of a nominee’s race or have an important topic on the floor— Senate with legal memos written by the politics of the administrations that to speak on the record about an impor- Jeffrey Holmstead, an attorney with nominated them. tant topic that affects many of our the White House Counsel’s Office, dur- Until we are given these memos that States, and Michigan is certainly one ing the consideration of his nomination are a part of Mr. Estrada’s record, we of them. There is a growing problem of Cana- as Assistant Administrator at the EPA. are not going to hold judicial nominees dian waste shipments to Michigan and This was for a term appointment, in to the same standards and the same other States. In 2001, Michigan im- contrast to a lifetime appointment, basic principles of fairness. It is time ported almost 3.6 million tons of mu- which is certainly much more signifi- to do that—to give us a true oppor- nicipal solid waste—more than double cant. tunity. the amount that was imported in 1999. I am also concerned that my col- I might also add that 100 percent of This gives Michigan, unfortunately, leagues on the other side of the aisle the Hispanic Caucus of the House of the undue distinction of being the third are applying a different standard for Representatives have joined with us largest dumping ground of waste in the nominees who are nominated by a Re- asking that we oppose or withhold United States. publican President than by a Demo- judgment—that we not proceed with My colleagues may be surprised to cratic President. During the Clinton this vote until we have the informa- know that the biggest source of this administration, and under Chairman tion. These are individuals who have waste is not another State but, in fact, HATCH, nominees were required to expressed grave concerns. They do not Canada. And more than half the waste produce volumes of information. For support moving forward. One-hundred that was shipped to Michigan in 2001 example, Judge Richard Paez was percent of the Hispanic Caucus of the was from Ontario, Canada, where these asked to provide documentation of House from all around the country imports, unfortunately, are growing every instance during his tenure as a joined with more than 30 different or- rapidly. In fact, on January 1, 2003, an- judge where he deviated downward ganizations expressing grave concern. other Ontario landfill closed its doors, from a sentencing guideline—every in- I think that says to us we need to and the city of Toronto is shipping stance. take the time that is necessary and we two-thirds to all of its trash—1.9 mil- Marsha Berzon, a Tenth Circuit need to receive information so that we lion tons—to a Michigan landfill. This nominee, was required to provide the can make an appropriate judgment. deal could last up to 20 years. I think it minutes from every California ACLU I will take just a moment to change is important for a statement to be meeting that occurred while she was a topics. made for the record as we move for- member of that organization, regard- I ask while moving from one impor- ward with this legislation that it is less of whether she even attended the tant topic to another to take just a time to do something about it. meeting. moment to speak to a bill I have intro- Not only does this waste dramati- Why was the bar placed so high for duced today regarding the growing im- cally decrease our own ability to have these Clinton nominees but there is portation of waste problem. a landfill capacity, but it also has a such a hard push by my colleagues to The PRESIDING OFFICER. The Sen- negative effect on the environment and confirm a nominee from whom we have ator from Alabama. on public health. Frankly, right now, I no information? Why is there such a Mr. SESSIONS. Mr. President, I am particularly concerned about the strong resistance by the administra- know the Senator would like to talk fact that this is a homeland security tion to allow the Senate the oppor- about another subject. But what is the issue for us. We now have our citizens tunity to learn more about this nomi- pending business we are on now? at high alert. We are telling them to nee’s writings and opinions? That is The PRESIDING OFFICER. The prepare themselves with duct tape, what this debate is all about. pending business is the Estrada nomi- with plastics, and with water for their I might just say that when I am nation. homes. There is a high degree of con- asked what is the philosophy, what is Mr. SESSIONS. I will, regretfully, cern about the possibility of a terrorist the judicial reasoning of this particular have to object to proceeding to another attack. nominee, I would have to say this— subject. That is a subject we are here Yet on Monday, I was able to go to these are the answers to the questions to talk about, and I have some remarks Port Huron, MI, and look at an inter- that Miguel Estrada gave to the Judici- I want to make. So I would object. national bridge where we have trucks ary Committee: An absolute blank Ms. STABENOW. Mr. President, I coming over bumper to bumper—over slate. Not one answer to one question. have been given the floor, as I under- 130 different semi-trailer trucks—from How can that give us the opportunity stand it, for 30 minutes. And I appre- Ontario, Canada, to Michigan every to determine whether or not this is a ciate the fact that we have a topic in day that have solid waste in them from nominee we wish to support? front of us. At this point, it is my un- Canada, waste that is not thoroughly Finally, I am extremely disappointed derstanding that it is not the Senator’s inspected. I think this is a serious issue by how some of my colleagues across prerogative to object to my being on as it relates to homeland security. the aisle have tried to make this an the floor and to be able to speak for a These trucks are going through the issue of race. I believe racial diversity moment, along with this important neighborhoods and on into Michigan. in our judicial system is extremely im- topic, to a bill I introduced about And the same is happening in a number portant. I wish my Republican col- waste coming into the United States of other States. leagues had made the same impas- and taking a moment to do that. It is I have joined with colleagues—first sioned speeches during the Clinton ad- my understanding that under the nor- with Senator LEVIN and Congressman

VerDate Dec 13 2002 05:28 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\CR\FM\G12FE6.146 S12PT1 February 12, 2003 CONGRESSIONAL RECORD — SENATE S2299 DINGELL—to introduce legislation to whether or not he was a strict con- cated and high-quality legal briefs that enforce an agreement that was made structionist. I thought that was inter- convince you you were wrong, what between Canada and the United States esting. Somebody said that was an ex- does the judge do then? Judges should back in 1986 that would give notice to ample of a question he would not an- not opine on matters that are going to the EPA—30-day notice—and the abil- swer. come before them in the future. So he ity to reject waste coming into this I remember the answer that he gave answered the questions consistently, country. That is not being enforced because I thought it was special, really and over and over and over again. now. I support their efforts to enforce indicative of his brilliance and insight They say: ‘‘We have a right to advise this provision with the EPA. But I into the law. and consent. The constitution allows think we have to go a step further now Senator EDWARDS. Are you a strict con- that.’’ And it does say that. This Sen- and stop these shipments until we can structionist? ate—and every Senator—can vote for get the agreement enforced and have Mr. ESTRADA. I am a fair constructionist, I or against a nominee on any basis they the EPA step up and receive notice on think. choose—a proper or improper basis. It Senator EDWARDS. Do you consider your- is their right. Nobody can control me these shipments coming into the self a strict constructionist? States. Mr. ESTRADA. I consider myself a fair con- on how I vote on this floor. I believe the State of Michigan structionist. I mean, that is to say, I don’t But what ought we do? How ought we should be able to tell the EPA that think that it should be the goal of courts to handle matters of confirmation? they don’t want this trash in Michigan be strict or lax. The goal of courts is to get Let’s be truthful. The reality is that, and that the EPA should honor that it right. And that may be in some cases to in the past, there has been a preference and be able to reject those shipments interpret the text as it is written because given, a presumption given to the coming in from Canada. We need to act other consideration of every element of help President’s nominees. They were able that there is to give the text meaning tells now. This is a serious environmental to come before the Senate or submit us that that is what the lawmaker intended. documents or just have their names issue and a public health and homeland But it may be inappropriate to give it a more security issue. general construction. I think we can have submitted, and generally they have I urge my colleagues and invite my laws and constitutional text of both types. It been confirmed. It is part of the co- colleagues to join me in legislation is not necessarily the case in my mind that, operation, unwritten courtesies, that will stop the shipments and give for example, all parts of the Constitution are collegiality and tradition of the Sen- us the opportunity to enforce this suitable for the same type of interpretive ate, that the President’s nominees agreement that has been on the books analysis. would be confirmed, where possible. long term so that we can send a very A very insightful, thoughtful answer. And if there is a serious objection, that strong message that we are not inter- Senator EDWARDS. Excuse me. I am sorry. should be raised. ested in Canadian trash coming into I didn’t mean to interrupt you. My concern in the matter of Miguel Michigan or any other State that does Mr. ESTRADA. No, no. Estrada is, for the first time—maybe Senator EDWARDS. Were you finished? not wish to have it. this century maybe ever—a court of ap- Mr. ESTRADA. The example I was going to peals nominee is facing a confirmation I thank the Chair. I yield the floor. give is, you know, the Constitution says, for The PRESIDING OFFICER. The Sen- example, that you must be 35 years old in process that would require not a major- ator from Alabama. order to be our Chief Executive. There is not ity of votes in the Senate but a super- Mr. SESSIONS. Mr. President, it is a lot of hard study that has to go into fig- majority—60 votes—to be confirmed. really frustrating. I know Senator uring out whether somebody is in compli- That is something we have not done be- HATCH last night expressed his frustra- ance with the 35-year-old requirement. You fore. It is not something we should pro- tion about arguments that are made can read it and say I am 40 and I can run. ceed with. that are just not factual. There are areas of the Constitution that The Constitution, in article II, sec- are more open-ended, and you averted to one, tion 2, says: I know the Senator, as she finished like the substantive component of the due her remarks eloquently, as she does, process clauses, where there are other meth- [The President] shall have Power, by and was not at the Judiciary Committee ods of interpretation that are not quite so with the Advice and Consent of the Senate, hearing which I attended on Miguel obvious that the Court has brought to bear to make Treaties, provided two-thirds of the Estrada. The hearings started at 9 in to try to bring forth what the appropriate Senators present concur; and he shall nomi- answer should be. nate, and by and with the Advice and Con- the morning and went until 5 in the sent of the Senate, shall appoint Ambas- afternoon. There are hundreds of pages I thought that was a very rich, very sadors . . . Judges of the supreme Court, and of transcript of that testimony that he mature answer to that question and all other Officers. . . . gave answering every question I think was a good example of the way he an- The Constitution does not say what with the proper nuance each and every swered the questions. the vote should be, but it has been time on question after question after He was asked about his position on fully understood it meant a majority question. Roe v. Wade. He made it absolutely because when a supermajority of two- Remember, the questions they were clear that he considered it the law of thirds was required, the Constitution asking were during the time the Demo- the land and he would follow that law. spelled it out explicitly. crats controlled the majority in the And he cited Casey as being further ex- So the reason many of us on this Senate and Senator LEAHY was the plication of Roe v. Wade, and he would side, who have been involved and have chairman. He could have kept them follow that. So I think that is impor- studied the confirmation process, are there as long as he wanted. There is no tant for us to think about. deeply concerned by what is happening record that indicates Miguel Estrada People say he refused to allow him- here is because we are changing the said: Stop the hearing; I don’t want to self to be questioned about a judicial ground rules in an extraordinary way. answer any more questions. He was philosophy. I do not understand it that We are saying now—without any real never asked to come back to answer way at all. He refused to allow himself basis, without any statement of wrong- any more questions. The record was to be pressured into considering ques- doing by this nominee, any proof what- kept open, and Senators were allowed tions that he might have to deal with soever that he is extreme or will not to submit written questions in addi- on the bench or questions he had not follow the law—they are now asserting tion. Two Senators did that—Senator fully researched. And that is what he this young Hispanic, outstanding law- SCHUMER and Senator KENNEDY. Those should do. yer has to have 60 votes to be con- were answered by Mr. Estrada. If you are before a Senate committee, firmed, not 51. That is not right. I urge He has answered question after ques- and you are asked what your opinion is the Members of this body, I plead with tion after question. It is not true that on the right of privacy or some due the Members of this body: Do not do he did not answer one question. He an- process clause, and you express that, this. This knife cuts both ways. swered hundreds of questions. He an- and then you get on the bench, are you Are we setting a precedent we are swered them accurately and with skill obligated, since you were under oath going to follow as long as this Senate and with good judgment. when you were at that committee, to exists? If you do not like a nominee, It was said earlier in the debate that follow it? What if, once you get on the and 40 people get together, they can he would not answer the question of bench, and you receive highly sophisti- block that nominee? That was not done

VerDate Dec 13 2002 04:53 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\CR\FM\G12FE6.149 S12PT1 S2300 CONGRESSIONAL RECORD — SENATE February 12, 2003 when President Clinton was President. nominees. They ask what cases they They throw out these charges. I just There was not a filibuster of a Presi- have handled. They then make a list of happen to know some of them because dent Clinton nominee. There was not a the lawyers on the other side of the I have been involved in the hearings. blocking of any of the nominees in cases, and they go out and interview They said one judge was asked to give committee. the lawyers. They interview the judges all his downward departures in crimi- Last year, when the Democrats had who tried the cases. They don’t give nal cases. What a judge sentences in a the majority in the Judiciary Com- out well-qualified ratings that often. It criminal case is a public document. It mittee, they blocked two nominees in is rare to get a unanimously well-quali- is part of the public record. A down- committee on a straight party-line fied rating. ward departure means the judge has vote, both of whom would have been How can we say Miguel Estrada is violated the sentencing guidelines. But confirmed, it was clear, from news re- somehow out of the mainstream or a when he does that, he has to write a ports, had they reached the floor. They lunatic fringe nominee when the gold special opinion to justify why he down- killed them in committee. I thought standard, as one of my Democratic col- ward-departed and gave the criminal they had, but that may not be the case leagues said, the ABA, rated him well defendant less than the statutory min- today. That was a rachetting up of the qualified with their highest possible imum and sentencing guidelines would process. They said: Well, you held up rating? It can’t be done. require him to get as a sentence. I President Clinton’s nominees. He went to Harvard. He was editor of don’t think that was an extreme thing Let me tell you what the facts are the Law Review and spent 5 years in to ask. there. In the 8 years that President the Department of Justice Office of So- What they are asking this nominee Clinton was President, he had con- licitor General under the Clinton ad- to do is reveal internal memoranda he firmed 377 Federal judges. One of his ministration. Under the Clinton admin- wrote while he was a member of the nominees was voted down. That nomi- istration he was evaluated repeatedly Clinton administration to his fellow nee was opposed by the National Sher- by his supervisors, and he was given colleagues as they discussed how to iffs Association, law enforcement the highest possible evaluation you handle complex legal matters. Every groups, and both Home State Senators. could give an attorney in the Depart- single living Solicitor General has said It is the only one that was voted down. ment of Justice every year, the top rat- that this should not be done. There are Not one was killed in committee on a ing. seven of those, and four of them are party-line vote. Not one was filibus- Is this some sort of incapable stealth Democrats. They have said: No, we do tered. candidate we don’t know anything not want our attorneys’ work product, So I just say, that it is not true that about? No, sir. Not so. our internal memoranda popped up President Clinton’s nominees received One of our Senators talked about the every time somebody wants to do it. If unfair scrutiny. Yes, they were asked Constitution as a changing document members of our staff think they can’t questions, but they were asked respon- and that from time to time we just express an honest opinion in my law of- sible questions. And they were consist- change it. I think that is dangerous. fice as Solicitor General, then they are ently confirmed in large numbers. Our liberties are bound up in that doc- being chilled, if they are going to bring They said: Well, some of them did not ument. If we say we have a right to it out some day and say, you can’t be get through. The fact is, when Presi- change its meaning from time to time, a Federal judge because as a young dent Clinton left office, he had nomi- according to the length of the lawyer you wrote a memorandum that nated 41 judges who had not been chancellor’s foot, according to how a didn’t make sense. cleared. He confirmed 377, but 41 had judge may feel on a given day, our lib- Also they want the free and open dis- not cleared. erties have been eroded. cussion they get from the members of When former President Bush left of- I remember Professor Van Alstyne at their staff. That would be reduced if fice in 1992, there were 54 judges which Duke, a constitutional scholar, said: If these memoranda should be put for- the Democratic majority Senate had you love this Constitution and you ward. not confirmed. really respect the Constitution, you I ask my colleagues: Should those So it is a total falsehood to suggest will interpret it as it is written. You documents be produced? Is that some- the Clinton nominees were mistreated don’t interpret it as you wish it were. thing we have to do here? Is that a when they came through here. They If you do that, you don’t respect the good policy for America to say that got a higher percentage of them con- document. You undermine the docu- from henceforth, now and forever, firmed than did former President ment and the power that it has had for every member of the Department of Bush’s nominees. They were not fili- generation after generation to protect Justice, every member of a law firm bustered, and they were not blocked in our liberties and order. who wrote internal memoranda, they committee. I feel very strongly about They say: You are just pounding on have to produce all of those before they that. the table over there, Republicans. You can be confirmed? That is a dangerous It has been said that you Republicans have no argument whatsoever. precedent we ought not to follow. said advise and consent is not a That is not true. Mr. Estrada has one They say: Well, there are some exam- rubberstamp and you had a right to of the highest recommendations, with ples in which that happened. The Sen- raise questions and vote against nomi- one of the greatest backgrounds of any ator from Connecticut had some docu- nees. nominee I have ever seen come before ments and had a letter from the De- I agree with that. We all have that this Senate. I was in the committee partment of Justice asking for them right. We can vote against them. We and I heard his testimony. It was abso- back. He said: That proves they had to have a right to debate them. We have a lutely superb, one of the finest testi- exist because they asked for them right to ask questions. If we are not monies I have seen. He was responsive, back. satisfied with those answers, we have intelligent, quiet, thoughtful, cour- I asked him about it. He introduced an obligation to vote no. We should teous to the questioners, at times when them into evidence. I read them. Well, vote no. But wait a minute. What if we he should not have been. I was very im- it was the Bork confirmation. There don’t allow them to have a vote? Is pressed with him. were allegations about Watergate and that what we are saying? We are going Some think maybe the opposition to those kind of things, and they were to vote to not allow a vote? I am not at this young conservative Hispanic is be- asking questions before they wanted to all pleased with that. cause, who knows, President Bush put him on the court about specific One person suggested we are dealing might want to put him on the Supreme concerns that Bork may have acted im- with judges from the lunatic fringes. Court. I will just say this: I saw him properly in a series of positions and That was a quote made earlier. This testify. I read his record and back- events. So they asked for those docu- nominee cannot possibly be considered ground. He would make an outstanding ments, and at some point they turned a lunatic fringe nominee. This nominee Supreme Court Justice, a great Su- them over. unanimously was rated well qualified preme Court Justice. He has integrity That is not the routine thing. There by the American Bar Association. The and legal thought processes that are has not been a single suggestion Miguel ABA goes out and investigates these superb. I am very pleased with him. Estrada has done anything to implicate

VerDate Dec 13 2002 04:53 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\CR\FM\G12FE6.152 S12PT1 February 12, 2003 CONGRESSIONAL RECORD — SENATE S2301 himself in a Watergate type matter. He tion and the statutes. That is what you are out’’ law. Those are activist was a lower echelon attorney in the So- Miguel Estrada’s judicial philosophy is. decisions and they threaten our judi- licitor General’s office of President Bill That is what it is. It is a hostility to cial process and deny the people the Clinton. They have not suggested he use the law for other matters. He be- right to control their destiny. would do anything corrupt. They have lieves in giving the law a fair construc- Federal judges, being lifetime ap- not suggested any particular issue he tion, as he said to Senator EDWARDS. pointed, are not subject to control by took some extreme view on that some- He asked a little bit about it, and Sen- the democratic process. So when they how we have to have this document. ator EDWARDS pursued the matter a lit- are given the power to carry on polit- They want a fishing expedition. Not tle later. He said: Well, President Bush ical agendas, then they are acting in an so. We ought not do that. I urge my said that he believes in strict construc- antidemocratic way. It is an anti-, un- colleagues, I plead with my colleagues, tion. You say you believe in fair con- democratic act when a lifetime ap- do not do this. We ought not to do it. struction, and Mr. Estrada replied that pointed judge, with no accountability It is not right we would do that. he had not talked to President Bush to the public, starts issuing opinions Well, the junior Senator from New about it. He said: You asked me my that affect public policy. York said that power corrupts, and opinion. My opinion is fair construc- Well, I will just say that it wasn’t somehow that moving this nominee, tion. Mr. President, that is an inde- long ago when the leadership on the who almost sat here for 2 years—mov- pendent and wise answer. other side, without any hesitation, op- ing forward and having a hearing and So we have seen courts do things that posed the filibustering of Federal all, is somehow corrupt or some sort of are really bizarre in America today. We judges. Senator LEAHY, past chairman corrupt thing—to ask for a vote and in- have seen the courts be utilized as a of the Judiciary Committee, and cur- sist we have a vote, that is corrupt. tool to further agendas. Many decisions rently the ranking Democrat on the Well, I say this: All of us have re- that we have seen rendered fly in the committee, said this: sponsibilities to use our power respon- face of logic. We had judges on the If we want to vote against somebody, vote sibly. We ought not abuse that power. Ninth Circuit Court of Appeals rule against them. I respect that. State your rea- Abuse of power is a form of corruption. that ‘‘under God’’ should be taken out sons. I respect that. But don’t hold up a But, may not the minority be corrupt of the Pledge of Allegiance. We have qualified judicial nominee. . . . I have stated if they use the rules and procedures of had one judge in Vermont—he had a over and over again on this floor that I this Senate to work a transformation good name, Sessions—whom we con- would . . . object and fight against any fili- buster on a judge, whether it is somebody I of the traditions of this Senate, to firmed. He is Senator LEAHY’s friend and was his campaign manager. It opposed or supported, that I felt the Senate block a nominee by requiring that they should do its duty. now have to have 60 votes instead of a wasn’t long after Judge Sessions got on That is a clear and unequivocal majority? Could that be a form of cor- the bench that he declared the Federal statement in opposition to a filibuster. ruption? I suggest it may be. Why? Be- death penalty unconstitutional. We He said that in 1998. cause hard left attack groups insist have heard Senators talk about Berzon In 2000, Senator LEAHY said: and jerk their chain and demand that and Paez having some difficulties. But they vote no, so they just fall in line I would say that perhaps they should I have said on the floor, although we are have had some difficulties. Since they different parties, I have agreed with Gov- with that kind of thinking. I am not ernor George Bush, who has said that in the happy with that. have been affirmed just a few years Senate a nominee ought to get a [floor] vote, I don’t believe this nominee deserves ago, after taking their positions on the up or down, within 60 days. this kind of delay. I believe he deserves Federal bench in California, they both Senator BIDEN, the past Judiciary a vote. I believe there is not one bit of have participated in separate opinions chairman: evidence that has come into this record declaring the California ‘‘three strikes that indicates he has any failings that and you are out’’ law unconstitutional. But I also respectfully suggest that every- one who is nominated ought to have a shot, would disqualify him from the federal This law has been the basis of tens of to have a hearing and to have a shot to be judiciary. I think we ought to give him thousands of convictions of defendants heard on the floor and have a vote on the a vote. They asked a nominee how he and has helped drive the crime rate floor. . . . It is totally appropriate for Re- voted on some issue. I remember that. down. Yet they said they thought it publicans to reject every single nominee if Somebody asked that question. The was cruel and unusual punishment to they want to. That is within their right. But nominee didn’t answer it, and I think have a mandatory penalty—really an it is not, I will respectfully request, Madam it was said that he should not answer odd and extreme view. President, appropriate not to have hearings it. He never answered it, and he was I felt very strongly that both of those on them, not to bring them to the floor, and not to allow them to have a vote. . . . confirmed. They are saying if you don’t nominees were going to be activist produce confidential, internal Depart- judges, were not going to be bound by Senator FEINSTEIN: ment of Justice memoranda, we are not the law, and I voted against them; but A nominee is entitled to a vote. Vote them going to confirm you. they both were confirmed. We didn’t up; vote them down. Well, what is this all about? I remem- filibuster them. They got their up-or- On and on that is mentioned. That ber quite a number of years ago, there down vote, and they were confirmed has been our policy. Sure, some nomi- was a ‘‘Meet the Press’’ program and with a majority of the vote in this Sen- nees have been held, but they usually Hodding Carter, who used to be assist- ate. So I just make that point. have been forced up for votes, and they ant to President Carter, was asked As one of our witnesses said in com- have gotten their vote. about judges and nominations when mittee, all in all, a judge who believes When President Clinton left office, President Reagan was in office. He in strict construction of the law, or a there were only 41 judges who did not made this comment. He said: The truth fair construction of the law, and who is get a vote. Only 41. There were 54 when is, we liberals have been asking the not an activist poses less threat to our President Bush left office, and it has Federal courts to do for us that which liberties than one who is an activist been historic in this body at the end of we can no longer win at the ballot box. judge. That is what Miguel Estrada be- a session when nominees come in and If you cannot win the issue at the lieves in. That is what President Bush people are thinking there might be a ballot box and you can get an activist believes in. He wants to bring some new President, the process slows down. judge on the bench, maybe you can just sanity back to our legal system. He That has happened for good or ill prob- file a lawsuit and they will rule your wants judges who have the classical ably for the last century. That is with- way. Maybe they will just reinterpret view of the law. He wants judges who in the realm of responsibility. To open- the meaning of the Constitution or do not feel it is incumbent upon them ly filibuster a qualified nominee (early statute and give it some new meaning to tell a city they cannot have Christ- in a term) is contrary to the traditions and just use the law to effect a polit- mas decorations. He does not believe of this body and would set a precedent ical agenda. they should be striking down the that would be quite dangerous. That is not right. When judges are Pledge of Allegiance, or striking down Once again, I urge my colleagues not given lifetime appointments, you need the Federal death penalty, or striking to go down this road. I urge my col- judges who are faithful to the Constitu- down the California ‘‘three strikes and leagues to think seriously before they

VerDate Dec 13 2002 04:53 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\CR\FM\G12FE6.154 S12PT1 S2302 CONGRESSIONAL RECORD — SENATE February 12, 2003 consider a routine filibuster. Maybe if versity, gender diversity—diversity in against the common enemy and when this nominee had ethical problems or general which has been promoted by they go to school together with a com- serious personal problems, that would not just the University of Michigan but mon goal, to learn. While we would all justify a filibuster, but not a nominee by most universities in this country, like to avoid the need to fight to- who is rated well-qualified by the bar, and it seems to me is to be encouraged. gether, we all know we can strengthen who has the support of virtually every- What George Washington sensed 205 our ties to democracy and to our coun- one with whom he has worked, who years ago was that a university had a try when we learn together about the demonstrated by his testimony ex- special ability to bring together dif- world and each other. traordinary skill and intelligence. I re- ferent people to help them learn about Learning together allows us to strip spect him. I believe he should be given each other, drop their fears of each away the prejudices that would other- a vote. I hope and believe that some- other and make us one Nation. wise keep us apart. The hope of George how we will avoid this and we will get This is what he wrote: Washington was later joined by the an up-or-down vote on him. I have regretted that another subject dream of Martin Luther King and by That is my request to my friends (which in my estimation is of interesting the promise and the potential of Brown across the aisle, and it would be a mis- concern to the well-being of this country) v. Board of Education a half century take if that does not occur. was not touched upon also: I mean Education ago, and they are now hanging in the Mr. President, I yield the floor. generally as one of the surest means of en- balance because of the issues that are The PRESIDING OFFICER. The Sen- lightening and givg. just ways of thinkg to raised in the University of Michigan af- our Citizens, but particularly the establish- ator from Michigan. ment of a University; where the Youth from firmative action cases before the Su- UNIVERSITY OF MICHIGAN all parts of the United States might receive preme Court. Mr. LEVIN. Mr. President, George the polish of Erudition in the Arts, Sciences In April, the U.S. Supreme Court is Washington was nearing the end of his and Belle Letters; and where those who were going to hear two oral arguments in Presidency. He dreamed of a national disposed to run a political course, might not two separate lawsuits challenging the university for the United States to be only be instructed in the theory and the University of Michigan’s diversity ad- located in Washington. This university principles, but (this Seminary— missions policy. The Court’s decision was going to bring together all the dif- Referring to the university— in these cases will result in the most ferent people of this great country into being at the Seat of the General Govern- far-reaching affirmative action ruling one educational setting to learn to- ment) where the Legislature wd. be in Ses- since the Bakke decision in 1978. The gether, to learn from each other, to get sion half the year, and the Interests and poli- Court will decide the critical issue of to know each other, to overcome preju- tics of the Nation of course would be dis- whether Bakke still remains the law of cussed, they would lay the surest foundation the land and whether racial or ethnic dices and intolerance. for the practical part also. President Washington actually But that which would render it of the high- diversity has a value at a university planned to include his vision of such a est importance, in my opinion, is, that the which can be considered in admissions university in his now famous and his- Juvenal period of life, when friendships are of higher education. toric Farewell Address. It was not in- formed, and habits established that will In the Bakke decision, the Court cluded in that Farewell Address. Ap- stick by one; the youth . . . from different ruled against rigid quotas or set-asides parently, one of the people who was parts of the United States would be assem- based on race but found that higher working with him on that Farewell Ad- bled together, and would by degrees discover education could consider race or eth- there was not that cause for those jealousies nicity as a factor in a properly consid- dress was Alexander Hamilton who and prejudices which one part of the Union urged, as he was writing the address, had imbibed against another part; of course, ered competitive admissions process to drafting it: sentiments of more liberality in the general achieve the educational benefits of di- The idea of the university is one of those policy of the Country would result from it. versity. which I think will be most properly reserved What, but the mixing of people from dif- If the Court overturns Bakke, it for your speech at the opening of the session. ferent parts of the United States during the could outlaw any consideration of race A general suggestion respecting education War rubbed off these impressions? A century or ethnicity in admissions to colleges will very fitly come into the address. in the ordinary discourse, would not have ac- and universities. In other words, what Hamilton was complished what the Seven years association There is a national security factor to in Arms did; but that ceasing, prejudices are this issue as well. There are going to be saying is this vision of yours, Mr. beginning to revive again, and never will be President, about a national university, eradicated so effectually by any other means a number of military officers and peo- where people can come to shed their as the intimate intercourse of characters in ple connected with national security prejudices from various parts of the early life, who, in all probability, will be at and defense who will be filing an ami- country, to live and work with each the head of the councils of this country in a cus brief in support of the University of other should be saved for a different more advanced stage of it. Michigan because universities run address. Leave it out of the Farewell He went on: ROTC programs. Those programs, Address. To shew that this is no new idea of mine, where there is diversity at the univer- In fact, President Washington ended I may appeal to my early communications to sities that have them, produce officers up leaving it out of his Farewell Ad- Congress; and to prove how seriously I have for the military, who in turn are di- dress, but he included it in a letter. It reflected on it since, and how well disposed I verse and reflect our population. The is a letter which has come down have been, and still am, to contribute my aid failure to have officers who reflect our through the generations, and that vi- towards carrying the measure into effect, I population in terms of race and eth- enclose you the extract of a letter from me nicity and gender, the failure to have sion of a national university was out- to the Governor of Virginia on this Subject, wardly reflected in this letter. and a copy of the resolves of the Legislature diversity in our officer corps, led to He stated his belief that this country of that State in consequence thereof. huge problems of morale in the mili- would be stronger if the children from I have not the smallest doubt that this do- tary for decades, until just about 20 different parts of the country could nation (when the Navigation is in complete years ago when we reached out and come together in an educational set- operation, which it certainly will be in less made great efforts to have diversity in ting to learn from each other and than two years), will amount to twelve or our officer corps. That is going to be a about each other. 1500 pounds Sterlg a year, and become a rap- part of the issue in an amicus brief I want to read a few parts of this let- idly increasing fund. The Proprietors of the filed in the University of Michigan Federal City have talked of doing something ter of George Washington because I handsome towards it likewise; and if Con- case. think it has an application to the Uni- gress would appropriate some of the Western I am not going to spend a lot of time versity of Michigan case which is cur- lands to the same uses, funds sufficient, and on that aspect, but I do want to at rently pending in the Supreme Court. of the most permanent and increasing sort least comment on the fact that a sig- I come from the State of Michigan. I might be so established as to envite the nificant number of very significant am proud of it, and I am proud of our ablest Professors . . . to conduct. . . . military officers, retired officers, who university and its effort to promote di- President Washington saw that the have been connected at the highest lev- versity, and not just racial diversity, two strongest ways to unite a country els with our Nation’s military and its but geographic diversity, economic di- are when people go to war together schools, are going to be filing a brief

VerDate Dec 13 2002 04:53 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\CR\FM\G12FE6.157 S12PT1 February 12, 2003 CONGRESSIONAL RECORD — SENATE S2303 with the Supreme Court relative to Our military has done a spectacular arships get additional points, children this issue. job in terms of diversity. It has been a of alumni get additional points, stu- I want to comment on the more fun- huge factor in the promotion of democ- dents from economically disadvantaged damental issue, which is the value of racy in this country. Hopefully, we do backgrounds get additional points. And diversity in a university and whether it not have to go to war to promote com- at the University of Michigan, students is conceivable in this country that we ing together and learning to overcome from an underrepresented racial or eth- will say to universities that they can prejudices and differences. Hopefully, nic minority or attending a high school give additional points for geography, our universities can be allowed to serving a predominantly minority pop- which many universities do, including reach out, as they are with geography, ulation can receive additional points. the University of Michigan. In other to overcome the fact that some parts of And the provost can award additional words, they can reach out to students our States are totally underrep- points to applicants at his or her dis- in different parts of their State who resented in our educational institu- cretion. have been underrepresented and try to tions, to say, yes, we are going to reach The idea it is all right for colleges get better representation from those out to that part of the State and we are and universities to give special consid- underrepresented parts. They can give going to try to get more students from eration to all the other groups—chil- additional points for that. They can there; they may not have done quite as dren of alumni, large donors’ children— give additional points for gender. If the well on their SATs, because of various how is that one? It is OK to give spe- law school has not had women stu- historic factors or whatever, but they cial consideration to the children of dents, they can give additional points are highly qualified students, so we are large donors for whatever university for that in order to overcome the prob- going to give some additional points to purpose that serves—but it is not OK to lems which were created when women those students. But not race? Race give additional points to underrep- were discriminated against. They can would be singled out for not being per- resented minorities for the obvious have an affirmative action program for mitted to be given additional consider- university purpose that serves, which that. They can give additional points ation to achieve diversity which is so is a diverse student population, which to alumni, kids—and they all do—and valuable in education? That would be our first President, the Father of our athletes—and they all do—and the chil- an unthinkable, unconscionable result, Country, pointed out in this letter is dren of public officials—and many of and a distortion of the very purpose of absolutely essential if this country is them do. the equal protection clause. going to be one, if this country is going Geography alone, which George Of all the areas where we have the to be unified. Washington talked about—I went to a most hurdles to overcome, most bar- Indeed, he saw that 200-plus years college out east which I know for a fact riers to overcome, more attitudes to ago. I hope the Supreme Court will reached out geographically in this overcome, more prejudices to over- have the wisdom of reading that letter country to try to have good representa- come, with all the progress we have and seeing how important it is that tion from various parts of the country. made—and we have made a lot—we President Washington’s dream to bring I come from the Midwest. My SAT have a long way to go in the area of people from different parts of the coun- scores were not as high as some of the race. The idea that somehow or an- try, that people of different back- kids’ in the East, but the college I went other all that other diversity, all those grounds, which is the University of to decided it was important to those other additional points can be given— Michigan program, can, in fact, be re- kids from the East that they have kids alumni kids, you can get 10 points; ath- alized. That is what some of the stakes from the Midwest, kids from the Far letes, you can be given 20 points; gen- are in the University of Michigan case. West, kids from the South, kids from der, you can be given points; economic, Since we are talking judicial matters the Southwest, kids from Alaska, kids you can be given points—but not race, this evening, I wanted to raise that from Hawaii, kids from Africa—it is that would be, it seems to me, singling issue, as well. important to the education of our stu- out race for discriminatory treatment Mr. SESSIONS. Is the Senator going dents that they go to school with a di- when it comes to promoting diversity to another subject for long? verse group of students. So they gave at a university. Mr. LEVIN. It will be lengthy. out geographic points. I got points. I do The law school’s current policies Mr. SESSIONS. I would like to speak not think I would have gotten into my have been upheld by the Sixth Circuit on the Estrada nomination. college, my beloved college, Swarth- as being consistent with Bakke. The Mr. LEVIN. You can talk for quite more, but for the fact that I came from Sixth Circuit has explicitly rejected some time on that. You have talked the Midwest and I was given some addi- the plaintiff’s contention that the sys- longer, I believe, than I have on this tional points. I do not know for sure, tem used by the University of Michigan evening. but that is my belief, and that is the was the functional equivalent of a Mr. SESSIONS. Not as long as some likelihood, I have no doubt. I know quota. The Sixth Circuit found that the of the other Members over there. they have geographical affirmative ac- law school’s admissions program is Mr. LEVIN. Let me try to limit this tion. Is it conceivable that points can ‘‘virtually indistinguishable’’ from the to about 10 minutes. be given for everything but race to Harvard man, which Justice Powell The PRESIDING OFFICER. The Sen- achieve diversity, that race is singled held out in the Bakke decision as the ator from Michigan has the floor. out as the one area where we cannot appropriate model. NATIONAL SECURITY reach out to achieve diversity in our In the University of Michigan’s un- Mr. LEVIN. I will keep the floor and universities? Is it possible that is what dergraduate admissions program, 110 try to keep this down to 10 minutes. we are going to come to in this coun- points out of 150 are given for academic Earlier today we had a hearing in the try, that the equal protection clause factors, including grades, test scores, Armed Services Committee where we will be turned right on its head? The and curriculum. The greatest weight, received testimony from the intel- 14th amendment, which was designed, up to 80 points, goes to high school ligence community on worldwide at least in significant measure, to end grade point average. Applicants can threats to our national security. I gave the scourge of the remnants of slavery, earn up to 12 points for SAT or ACT an opening statement at that hearing, is going to be used to prevent diversity scores, up to 10 points for attending a parts of which I want to share with the from being achieved in one area where competitive high school, 8 points for Senate tonight because of the impor- it is most important that we have a di- taking the most challenging cur- tance of the subject of Iraq. We have a verse university, and that is the area of riculum, and 3 points for SAT quality. lot of work ahead of us. We have race. It is the one area where we have Other factors can be considered, includ- threats of all kinds, threats which are had the most difficulty in overcoming ing geography, athletics, relationship more immediate, more personal, more the kind of prejudices and obstacles to alumnus, economic disadvantage. imminent, than Iraq, particularly the President Washington talked about and Points can be added for students from al-Qaida terrorist network, even for which he said a university was the various parts of the State which have though that network has been weak- most suited, other than going to war been underrepresented at the univer- ened, it has been deprived of its safe together. sity. Students who have athletic schol- haven in Afghanistan.

VerDate Dec 13 2002 05:28 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 E:\CR\FM\G12FE6.160 S12PT1 S2304 CONGRESSIONAL RECORD — SENATE February 12, 2003 It has, just over the last few months, sisting U.S. weapons inspectors to find heard before the inspections began attacked innocent civilians in Bali and or account for chemical or biological from the highest level of this govern- Tunisia and has attacked United weapons programs. Disagreement on ment that inspections were useless. We States service members and civilians how to address the Iraqi threat has di- heard it from Dr. Rice at the White in Kuwait and Jordan. vided the U.N. Security Council. House last week. She said specifically Last month, the United States and Surely there can be little doubt that inspections are doomed to failure. coalition forces fought the biggest bat- Osama bin Laden would like to see the I am also astounded that some of our tle in Afghanistan since Operation An- United States and Britain attack Iraq highest officials have gone so far as to aconda last spring. Even though our in- without the authority of the world refer in a derogatory way to the ‘‘so- telligence and our law enforcement community acting through the United called’’ U.N. inspectors. If these inspec- agencies are working with allied coun- Nations. Keeping the world community tors and inspections are useless with- tries to thwart further attacks in the together through the U.N. Security out Iraqi assistance in pointing out United States and abroad, the fact is Council is exactly what Osama bin where they have hidden or destroyed we remain highly vulnerable to al- Laden does not want to see. He does weapons of mass destruction, why are Qaida, to other terrorist groups. As a not want to see a United Nations. He we sharing any intelligence at all with matter of fact, the United States is at wants to be able to say it is the United the inspectors; and why are we appar- alert orange now—that is the second States, it is Britain, and it is a few of ently finally implementing U–2 flights highest level of alert in our military their personal, close allies. It is not the to support the inspectors? forces—and also at heightened force world that is going after Iraq, it is the It is one thing to be realistic about protection levels worldwide. We remain United States and Britain that are the limitations of the U.N. inspections vulnerable. We remain vulnerable not doing it. He does not want, it is obvi- and not have too high hopes about just to conventional explosives but ous, the world community to be united what they can produce. It is another now, we believe, more and more vulner- against the Iraqi threat. He wants to be thing to denigrate their value or pre- able to weapons of mass destruction. able, as does Iraq, to characterize the judge their value or to be dismissive Earlier this week, Federal officials effort as an American/British-led uni- and disdainful about the beliefs of oth- even suggested the public should make lateral, not having U.N. authority type ers on the U.N. Security Council about preparations for a terrorist attack in- of effort. their value, or to be cavalier about the volving chemical, biological, or radio- All of us want Saddam Hussein to be facts relative to those inspections. logical weapons. While we are placing disarmed. The best way to accomplish Referring to being cavalier about such a huge focus on Iraq, North Korea, the goal of disarming Saddam Hussein facts brings me to another point which a country that possesses weapons of without war is if the United Nations has to do with the sharing of intel- mass destruction and has ejected the speaks with one voice relative to Iraq. ligence information in our possession international nuclear inspectors, has I want to repeat that, as I think there with the U.N. inspectors. I have fol- declared it is resuming operation of its is so much concern about the possi- lowed this issue very closely. I have plutonium-related nuclear facility. bility of war with Iraq that that par- asked the CIA for months to give us North Korea is not just a country ticular point is frequently lost. the precise information as to how which proclaims it is engaged in a nu- The best way to accomplish the goal many suspect sites there are, how clear program as it now has with the of disarming Saddam Hussein without many of those suspect sites are of great enriched uranium program. North war is if the United Nations speaks significance, for how many of the sig- Korea is probably the world’s worst with one voice relative to Iraq. nificant sites have we shared informa- proliferator of ballistic missile and But if military force is going to be tion that we have with the United Na- missile technology. It is on the brink used, the best way of reducing the tions inspectors. They have given me of becoming an undisputed nuclear short-term risks, including risks to the the information in writing but, as it power. The administration has refused U.S. coalition forces, and the long-term turns out, it is erroneous. to open a direct dialog with North risks, including the risk of terrorist at- We just began sharing specific infor- Korea. That has serious ramifications. tacks on our interests throughout the mation in early January, according to Our ally which lives next to North world, is if the United Nations specifi- Secretary Powell, who is quoted in the Korea, which surely has got at least as cally authorizes the use of military Washington Post on January 9. I can’t much at stake as we do in the whole force. That is the bottom line. The best go into those classified details in the matter—and, I think, obviously a lot way of increasing any chance for dis- open. I can’t give the precise numbers, more since they are the ones nearest arming Hussein without war, and of how many suspect sites we have infor- the threat—our ally, South Korea, minimizing casualties in future at- mation on, how many of those suspect wants us to open a direct dialog with tacks on the United States if war does sites that we have information on are North Korea. They have openly ex- ensue is if the United Nations acts rel- of significance, and how many of those pressed the wish that this country have ative to Iraq. have we shared with the United Na- a direct dialog of the highest levels The next point, though, is essential tions. The numbers themselves are with North Korea. as well. Supporting U.N. inspections is classified. The administration has decided not an absolutely essential step if we are I can say in an unclassified setting, to do that, and all of a sudden, what is going to keep the Security Council to- in public, that as of a couple of weeks obviously a crisis to most of us and gether. We are not going to have a ago we had shared information on only most of the world, is not even described chance of keeping the United Nations a small percentage, a fraction of the as a crisis by the administration. Even Security Council speaking with one suspect sites in Iraq, and we had not though the failure to have contact, the voice unless we support United Nations shared information on the majority of linking it to the axis of evil and the an- inspections, which are and have been the suspect sites. That was confirmed nouncement we will have a preemptive such an important part of the Security by CIA staff. policy using military force, could lead Council’s position. Yet when I asked the Director of the to additional provocative and irrevers- How do we support those U.N. inspec- CIA yesterday about this subject, he ible action on their part because it is tions? First, by sharing the balance of told us that we have now shared with stoking the paranoia which exists in the information that we have about the U.N. inspectors information about North Korea. suspect sites; No. 2, by quickly getting every site where we have credible evi- On top of that, Iran has admitted U–2 aircraft in the air over Iraq, with dence—all of a sudden, going from a now it is mining uranium. That surely or without Saddam Hussein’s approval, fraction of the sites to we have now must underscore our concern that its and by giving the inspectors the time shared all the sites. nuclear energy program is intended for they need to do their work as long as Then last night, in Director Tenet’s nuclear weapons, not just for the pro- the inspections are unimpeded. presence and in the presence of Senator motion of nuclear energy. Iraq is the I disagree with those, including high WARNER, his staff acknowledged that focus and Iraq continues to flout the officials in our government, who say as a matter of fact we still have useful international community. It is not as- that U.N. inspections are useless. We information that we have not shared

VerDate Dec 13 2002 04:53 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 E:\CR\FM\G12FE6.164 S12PT1 February 12, 2003 CONGRESSIONAL RECORD — SENATE S2305 with the inspectors—which is the oppo- member would then be authorized to morrow, is really a prelude to the nom- site of what Director Tenet told the In- use military force in response. ination of the next Justice for the Su- telligence Committee yesterday in When President Bush addressed the preme Court. The effort is being made open session. If we have not yet shared United Nations General Assembly on by the Democrats to have their accept- all the useful information that we have September 12 of last year, he said that: able ideology without the traditional with the U.N. inspectors, that would We want the United Nations to be effec- deference which has been paid to the run counter to the administration’s po- tive, and respectful, and successful. President. sition that the time for inspections is We have some responsibility to help The Senate has been maneuvered over. the United Nations achieve that. Say- into a position here, an institution The same type of issue exists relative ing to other countries, including allies, with lines being drawn in the sand, and to the U–2s. The inspectors have asked that if you don’t see it our way you Republicans on one side and Democrats for U–2 surveillance planes. These are must have some ulterior motive, on the other being backed into a cor- planes which have a capability of doesn’t help us in leading the United ner—sort of a macho-macho game tracking those suspicious vehicles on Nations to a united front against Sad- where no one wants to play the chicken the ground that have been referred to dam Hussein. While a number of heads game. What we are really seeing is by Secretary Powell in his speech, of State and Governments have called gridlocking this institution on a per- tracking the vehicles that are at a sus- for the United Nations Security Coun- manent basis, if no one yields. picious site and going to another site. cil to take appropriate action, nec- The Judiciary Committee has three They have the advantage of being able essary action in response to the threat, nominees on the Executive Calendar to loiter. Unlike a satellite, a U–2 can and others have pledged to contribute tomorrow, and the Democrats have loiter and actually keep track of a ve- military forces to that effect, others served notice that they are going fili- hicle as it moves from one suspicious believe we should give strengthened in- buster. If at least one Democrat does place to another and can connect that spections the time that they need to not vote to end the filibuster, nothing information to inspectors in real time. finish their job. But all of the groups will happen there. They are intensely valuable to the in- agree on the necessity of disarming So we have a long litany of judges— spectors. They have asked over and Iraq. some of whom have been held up for 2 over again for the U–2 flights. Why Rather than following a course that years—and nothing is going to happen. haven’t they been provided to the in- divides the United Nations and sepa- What we may be seeing here is the spectors? rates us from some of our closest allies, foundation laid for a grand political ar- Well, because Saddam Hussein says we should fairly consider courses of ac- gument in the Presidential election of he can’t guarantee the safety of the pi- tion that unite the world community 2004. We are laying it right on the line. lots. So instead of going to the U.N. against Iraq. If the American people want judges and saying: Resolution whatever the I yield the floor. confirmed, there are going to have to number is, the United Nations author- The PRESIDENT pro tempore. The be 60 votes in the President’s party. izes these U–2 flights and if Saddam Senator from Utah. Both sides have been at fault in the Hussein interferes with these flights Mr. HATCH. Mr. President, I ask past, in my opinion. When President that will be considered an act of war unanimous consent that the distin- Clinton was in the White House and the against the United Nations—instead of guished Senator from Pennsylvania be Republicans controlled the Senate, we doing that, to give the inspectors this allowed 6 minutes without my losing wouldn’t confirm people. There were additional capability, at least until the right to the floor and that I imme- some breakthroughs but relatively few. yesterday or perhaps today, Saddam diately be recognized thereafter. When President Bush submitted nomi- Hussein has been given a veto by the The PRESIDENT pro tempore. Is nees for 2 years, or a year and 7 U.N.—including us; we are part of the there objection? months, the Democrats stopped the U.N.—over the use of surveillance Without objection, it is so ordered. nomination process. planes, which would contribute to the The Senator from Pennsylvania. likelihood that inspectors would catch Mr. SPECTER. Mr. President, I have It is high time we had a protocol him with the goods. sought recognition to comment about which both sides respected wherein so I hope that is over now. I don’t know the current procedures with respect to many days after a nomination, there is for sure that it is. I hope now there is the selection of judges, and what is a hearing, so many days later, a vote in an arrangement made to use the U–2 happening in the Senate today is a con- committee, and so many days later, a flights. But if we believe it is impor- stitutional revolution. vote on the full floor. tant, short term and long term, to both The Constitution provides that the But we are really heading for ex- avoiding war, and if war comes, to re- Senate will give advice and consent to traordinary deadly deadlock in this ducing its risks, that we have a United the President. And the tradition of this body. I think we ought to recognize it Nations that is united, speaking with country for 215 years has been that the for what it is. There is a constitutional one voice against Iraq, we then must President makes selections as he revolution underway here to change deal with the United Nations’ key re- chooses, and advice can come from the the fundamental way judges are se- quest that we have an inspection proc- Senate. Consent has been given with- lected. ess which is complete and robust. And out challenging the President to a If the Democrats insist on a full part- we must lead at the United Nations to partnership arrangement where the nership with the President, if any help make it robust. And that includes Senate has to consent to the nominee party insists on a full partnership with the use of the U–2 planes. before the President can submit the the President of the opposite party, We have made the suggestion, Sen- nominee to the Senate with any chance then it is going to take 60 votes. And ator CLINTON and myself, in a letter for confirmation. we may be setting the stage for 60 which we sent to Secretary Powell, What the Democrats are doing here votes in the 2004 election. that that kind of resolution be intro- today is really seeking a constitutional But it is my hope that cooler heads duced at the United Nations which revolution. What they want as the mi- can prevail and we can sit down and would provide that the U–2 planes be nority party in the Senate is a full work this out so that when the shoe is authorized by the United Nations, have partnership with the President on se- on the other foot, we don’t have this the United Nations flag, and, if inter- lecting Federal judges. kind of gridlock and this effort to real- fered with by Saddam Hussein, that What we are doing with Miguel ly upset longstanding constitutional would be considered an act of war Estrada, and other nominees who are principles. against the United Nations and every coming up for an executive session to- I thank the Chair. I yield the floor.

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N O T I C E Incomplete record of Senate proceedings. Except for concluding business which follows, today’s Senate proceedings will be continued in the next issue of the Record.

ORDERS FOR THURSDAY, on the nomination of Miguel Estrada. ADJOURNMENT UNTIL 11 A.M. FEBRUARY 13, 2003 We have now spent 5 days, over 35 TOMORROW Mr. TALENT. Mr. President, I ask hours, debating this well-qualified and Mr. TALENT. Mr. President, if there unanimous consent that when the Sen- capable nominee. During this debate, ate completes its business today, it every Senator should have had the op- is no further business to come before stand in adjournment until 11 a.m., portunity to speak on the nomination the Senate, I ask unanimous consent Thursday, February 13. I further ask of Miguel Estrada if they desired. We that the Senate stand in adjournment unanimous consent that on Thursday, will continue consideration of this under the previous order. qualified nomination tomorrow morn- following the prayer and pledge, the There being no objection, the Senate, ing. morning hour be deemed expired, the at 12:45 a.m., adjourned until Thursday, Journal of proceedings be approved to In addition, the omnibus conference February 13, 2003, at 11 a.m. date, the time for the two leaders be report will be filed in the House to- reserved for their use later in the day, night. The House is expected to act on and the Senate then return to execu- that conference report tomorrow. f tive session to resume the consider- Therefore, it is the leader’s hope that ation of the nomination of Miguel the Senate will be able to complete ac- NOMINATIONS Estrada to be a circuit judge for the DC tion on that measure on Thursday or Circuit. Friday. Rollcall votes are therefore Executive nominations received by The PRESIDING OFFICER. Without possible during Thursday’s session. the Senate February 12, 2003: The PRESIDING OFFICER. The Sen- objection, it is so ordered. THE JUDICIARY ator from Nevada. f CONSUELO MARIA CALLAHAN, OF CALIFORNIA, TO BE Mr. REID. When this was prepared, it UNITED STATES CIRCUIT JUDGE FOR THE NINTH CIR- PROGRAM wasn’t morning. I think the report is CUIT, VICE FERDINAND F. FERNANDEZ, RETIRED. STEVEN M. COLLOTON, OF IOWA, TO BE UNITED STATES Mr. TALENT. Mr. President, on be- going to be filed in the next hour or CIRCUIT JUDGE FOR THE EIGHTH CIRCUIT, VICE DAVID R. half of the majority leader, and for the two. HANSEN, RETIRED. Mr. TALENT. That is correct. It HARRY A. HAINES, OF MONTANA, TO BE A JUDGE OF information of Senators, tomorrow the THE UNITED STATES TAX COURT FOR A TERM OF FIF- Senate will once again resume debate would be in the morning. TEEN YEARS, VICE RENATO BEGHE, RETIRING.

VerDate Dec 13 2002 04:53 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00076 Fmt 0624 Sfmt 9801 E:\CR\FM\G12FE6.168 S12PT1 February 12, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E187 EXTENSIONS OF REMARKS

HONORING JOSEPH NOEL For years, Congress has legislated on be- HONORING THE MEMORY OF SACHATELLO III half of Native Hawaiians as the aboriginal, in- MARTIN CUMMINGS digenous, native peoples of Hawaii. This HON. ROB SIMMONS measure clarifies that political relationship and HON. BART GORDON provides a process for Native Hawaiians to OF CONNECTICUT OF TENNESSEE form a governing body to engage in a govern- IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES ment-to-government relationship with the Tuesday, February 11, 2003 United States. Tuesday, February 11, 2003 Mr. SIMMONS. Mr. Speaker, I rise to honor The United States has declared a special Mr. GORDON. Mr. Speaker, I rise today to an individual dedicated to public service, a responsibility for the welfare of the Native peo- recognize the memory of my late friend, Martin leader in his community and an example to us ples of the United States, including Native Ha- Cummings. Martin passed away on January 3 all, the late Joseph Noel Sachatello III from waiians. This relationship has been acknowl- of this year. He was a wise man who coun- Waterford, Connecticut, who died this month edged by the United States since the inception seled me on numerous occasions. I will truly in the line of duty. of Hawaii’s status as a territory. This relation- miss him, as will his community of Wilson Joseph was a well-known and beloved ship was most explicitly affirmed by the enact- County, Tennessee. member of the neighboring Montville (CT) po- ment of the Hawaiian Homes Commission Act Martin’s pride for his community was obvi- lice force. For him being a protector of the of 1920, which set aside 200,000 acres of ous. He served on numerous civic organiza- peace was the fulfillment of a lifelong dream, land in Hawaii for homesteading by Native Ha- tions and boards, including the Wilson County the pinnacle of a successful career in service waiians. Legislative history clearly shows that Planning Commission where he served as to town, state, and country. His love for his in addressing this situation, Congress based chairman. In his capacity as planning commis- this action and subsequent legislation on the work shown through his enthusiasm for his sion chairman, Martin helped shaped Wilson constitutional precedent in programs enacted job. County into a prosperous and attractive com- for the benefit of American Indians. In recognition of his service, his name will munity. Since Hawaii’s admission into the Union, He was a successful real estate profes- be carved into a memorial for police officers in Congress has continued to legislate on behalf Meriden, Connecticut. Joseph served my state sional who devoted much time and energy into of Native Hawaiians as indigenous peoples. everything he did. He received numerous and region faithfully. This honor is much Native Hawaiians have been included as Na- earned. We will miss him. awards from an appreciative real estate indus- tive Americans in a number of federal statutes try. His family especially reaped the rewards At Joe’s funeral, a company of 1,200 uni- which have addressed the conditions of Native formed officers stood at attention, and more of his caring and generous nature. Martin and Hawaiians. Public Law 103–150, the Apology his wife, Camelia Rose, were married for near- than 450 officers, friends, family and neigh- Resolution, extended an apology on behalf of bors came to mourn his passing. Joe touched ly 51 years and had five children and six the United States to the Native people of Ha- grandchildren. Martin has left a wonderful leg- the lives of many individuals in his community. waii for the United States’ role in the over- He was proud of whom he was and where be acy. throw of the Kingdom of Hawaii. The Apology I deeply admired Martin for his many ac- came from. And in his pride we found and will Resolution also expressed the commitment of complishments and his unselfish service to his continue to find inspiration. It is men like Joe Congress and the President to acknowledge community. His decency transcended both his that move the men and women in this room to the ramifications of the overthrow of the King- public and private life. I am proud to have had carry forth with their mission. So his passing dom of Hawaii and to support reconciliation ef- Martin as a close friend. I will sorely miss that is a tragedy but his life was a blessing. My forts between the United States and Native friendship and his sage advice. heartfelt condolences go out to his family and Hawaiians. f friends. He will be missed but not forgotten. It is important to note that this measure has Mr. Speaker, I would encourage the Mem- strong support from indigenous peoples within HONORING MARY MACRAE bers of the House of Representatives to join the United States. The National Congress of me in heartfelt appreciation for this great man. American Indians and Alaska Federation of HON. MARSHA BLACKBURN I would also like to ask the House to join me Natives have both passed resolutions in sup- OF TENNESSEE in extending our deepest condolences to Jo- port of a government-to-government relation- IN THE HOUSE OF REPRESENTATIVES seph’s parents, Joseph N. Sachatello Sr. and ship between Native Hawaiians and the United Tuesday, February 11, 2003 Elaine Geiger Sachatello as well as his wife, States. Similar resolutions have been passed Lisa and their six-month old son, Anthony. by the Japanese American Citizens League Mrs. BLACKBURN. Mr. Speaker, in almost f and the National Education Association. The 30 years of experience as a business, com- measure is also supported by the Hawaii State munity, and political activist, Mary MacRae TO EXPRESS THE POLICY OF THE Legislature, which passed a number of resolu- has given her best to virtually every endeavor UNITED STATES REGARDING tions supporting a federally recognized gov- and it shows. THE UNITED STATES’ RELATION- ernment-to-govenunent relationship. As a successful business owner and presi- SHIP WITH NATIVE HAWAIIANS The legislation being introduced today is im- dent of the National Association of Women portant not only to Native Hawaiians, but to all Business Owners, Mary is an advisor to Mem- HON. NEIL ABERCROMBIE the people of Hawaii. This measure provides bers of Congress and a mentor to entre- OF HAWAII the process to begin resolving many long- preneurs everywhere. Few others can lay IN THE HOUSE OF REPRESENTATIVES standing issues facing Hawaii’s indigenous claim to as long a list of accomplishments as peoples and the State of Hawaii. In address- Mary. Tuesday, February 11, 2003 ing these issues, we have begun a process of While at NAWBO, Mary helped found the Mr. ABERCROMBIE. Mr. Speaker, I rise healing, a process of reconciliation not only Women’s Resource Center, a source of train- today to introduce a bill to clarify the political with the United States but within the State of ing, counseling and technical assistance for relationship between Native Hawaiians and Hawaii. The essence of Hawaii is character- start-up and existing women business owners the United States. This bill is identical to a bill ized not only by the beauty of its islands, but in Tennessee. This single accomplishment has being simultaneously introduced in the Senate by the beauty of its people. The State of Ha- the potential to help thousands of women start by Senator DANIEL AKAKA and Senator DANIEL waii has recognized, acknowledged and acted and run a business. Mary exemplifies the INOUYE. Representative ED CASE, from the upon the need to preserve the culture, tradi- value of public service and she does so with Second District of Hawaii, is joining me as an tion, language and heritage of Hawaii’s indige- humility, grace, and plenty of hard work. original cosponsor on the introduction of this nous peoples. This measure furthers these ac- Tennessee and America are better for her measure. tions. determination and her service to others.

∑ 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 02:57 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00001 Fmt 0626 Sfmt 0634 E:\CR\FM\A11FE8.025 E12PT1 E188 CONGRESSIONAL RECORD — Extensions of Remarks February 12, 2003 EXPRESSING CONDOLENCES OF ain vs. Germany), the League Covenant them which they recognize to be suitable for THE HOUSE TO THE FAMILIES makes clear the course of action to be taken, submission to arbitration or judicial settle- OF THE CREW OF THE SPACE in letter and certainly in spirit. ment and which cannot be satisfactorily set- SHUTTLE ‘‘COLUMBIA’’ Under the first scenario, the conflict must tled by diplomacy, they will submit the be submitted to the League Council under whole subject-matter to arbitration or judi- Articles 12–16. The waiting period of at least cial settlement. SPEECH OF three months after the award by the arbitra- ARTICLE 16 tors, sadly, was not honored. HON. ERIC CANTOR Should any Member of the League resort As for the second scenario, as addressed in OF VIRGINIA to war in disregard of its covenants under Article 17, 1 do not recall Germany—an ex- Articles 12, 13 or 15, it shall ipso facto be IN THE HOUSE OF REPRESENTATIVES member since 1933—being invited to accept deemed to have committed an act of war the obligations of League membership, and Wednesday, February 5, 2003 against all other Members of the League. certainly the leading role of the Council was ... Mr. CANTOR. Mr. Speaker, our Nation never respected. In fact, I am forced to con- mourns the loss of the seven astronauts of clude that the Council was bypassed alto- ARTICLE 17 Shuttle Columbia. We honor the lives of some gether. Certainly, no vote of the Council au- In the event of a dispute between a Mem- of our finest men and women from America’s thorizing the attack was ever recorded. ber of the League and a State which is not a space program and their desire and sacrifice I believe we can all agree that Chancellor Member of the League, or between States to make this world a better place. Hitler was a brutal dictator whose replace- not Members of the League, the State or We in Virginia take a moment to remember ment should be welcomed by all civilized States not Members of the League shall be people, but we must also admit that he was invited to accept the obligations of member- one of those astronauts, Captain David M. never given an opportunity to disarm. ship in the League for the purposes of such Brown, Mission Specialist aboard Shuttle Co- Certainly no League Commission was ever dispute, upon such conditions as the Council lumbia. I extend special condolences to the allowed to perform its tasks, as set forth in may deem just. If such invitation is accept- family of Capt. Brown, son of Dorothy and the Covenant. I need hardly remind anyone ed, the provisions of Articles 12 to 16 inclu- Paul Brown of Massies Corner, from the Sev- that Britain’s against sive shall be applied with such modifications enth District of Virginia. Capt. Brown was a Germany in 1939—Germany had made no at- as may be deemed necessary by the Council. graduate of the College of William and Mary tack upon Britain—violated virtually all of Upon such invitation being given the Coun- and also graduated from Eastern Virginia the Articles of the League Covenant. cil shall immediately institute an inquiry I find all of this very troubling. into the circumstances of the dispute and Medical School in Norfolk, VA. Virginians will I believe we have no option but to judge recommend such action as may seem best long remember and honor the accomplish- the June 6, 1944 Allied attack—jointly and most effectual in the circumstances. . . . ments and the life of Captain David Brown. planned and conducted by the U.S. and Brit- (The entire Covenant can be obtained at We recognize the crew of Shuttle Colum- ain in a deliberate effort to impose their will http://www.yale.edu/lawweb/avalon/ bia’s courage and devotion to the expansion by force on other countries without author- leagcov.htm) not only of our Nation’s scientific knowledge, ization by the League—upon Germany/ but our national security as well. Although this France as an avoidable or easily postponed f tragedy strikes a terrible blow, it is important act of aggression that demonstrates a com- plete disregard for international law and the INTRODUCTION OF H.R. 4, THE to remember the words of our fellow Virginian, obligations of membership in the League. PERSONAL RESPONSIBILITY, Capt. David Brown: ‘‘This program must go The international community cannot allow WORK AND FAMILY PROMOTION on.’’ this violation to stand. ACT OF 2003 I would like to express my deepest sym- Sincerely, pathy to the grieving families. My prayers are PUBLIUS SECUNDUS. with the entire Shuttle Columbia crew’s fami- For your convenience, I have attached the HON. HOWARD P. ‘‘BUCK’’ McKEON lies and loved ones during this tragic time. relevant sections of the Covenant. (The en- OF CALIFORNIA tire document can be obtained at http:// IN THE HOUSE OF REPRESENTATIVES f www.yale.edu/lawweb/avalon/leagcov.htm). Tuesday, February 11, 2003 ‘‘LIBERATION’’ OF FRANCE IN VIO- THE COVENANT OF THE LEAGUE OF NATIONS LATION OF COVENANT OF ARTICLE 5 Mr. MCKEON. Mr. Speaker, today, I am LEAGUE OF NATIONS Except where otherwise expressly provided pleased to join with several of my colleagues in this Covenant or by the terms of the in sponsoring H.R. 4, the Personal Responsi- present Treaty, decisions at any meeting of bility, Work and Family Promotion Act of 2003, HON. HENRY J. HYDE the Assembly or of the Council shall require which would reauthorize the Temporary As- OF ILLINOIS the agreement of all the Members of the sistance for Needy Families (TANF) block IN THE HOUSE OF REPRESENTATIVES League represented at the meeting . . . grant and the Child Care and Development Tuesday, February 11, 2003 ARTICLE 11 Block Grant (CCDBG). Last year, the House Education and the Mr. HYDE. Mr. Speaker, among the many Any war or threat of war, whether imme- diately affecting any of the Members of the Workforce Committee considered and passed letters I have received on the subject of Iraq, League or not, is hereby declared a matter of H.R. 4092, the Working Toward Independence one of the most provocative is the following, concern to the whole League, and the League Act, to reauthorize the work-related provisions signed ‘‘Publius Secundus.’’ shall take any action that may be deemed of TANF. The legislation built upon the historic DEAR CONGRESSMAN HYDE: I am not an wise and effectual to safeguard the peace of international lawyer, but as part of an effort nations. In case any such emergency should welfare reform law passed in 1996—a law that to be helpful, I must note that I have come arise the Secretary General shall on the re- made a fundamental shift in policy by encour- across disturbing and, I believe, persuasive quest of any Member of the League forthwith aging personal responsibility and promoting evidence that D-Day and the subsequent summon a meeting of the Council. work. For the first time in the history of social ‘‘liberation’’ of France were in direct viola- ARTICLE 12 welfare policy, benefits were tied to work. Be- tion of the solemn obligations undertaken by The Members of the League agree that, if cause of the principle of ‘‘work first’’ and a Great Britain and France under the Cov- there should arise between them any dispute purpose to help people better themselves, a enant of the League of Nations. As Article 11 likely to lead to a rupture they will submit whole new culture of personal responsibility states: ‘‘Any war, whether immediately af- the matter either to arbitration or judicial fecting any of the Members of the League or was created within the program. settlement or to enquiry by the Council, and not, is hereby declared a matter of concern After merging the remaining sections of they agree in no case to resort to war until to the whole League, and the League shall TANF into a comprehensive package, the three months after the award by the arbitra- take any action that may be deemed wise House of Representatives passed H.R. 4737, tors or the judicial decision, or the report by and effectual to safeguard the peace of na- the Council. In any case under this Article the Personal Responsibility, Work and Family tions.’’ the award of the arbitrators or the judicial Promotion Act of 2002, which was substan- Whether one regards this easily avoided decision shall be made within a reasonable tially the same as the bill that has been intro- conflict as a dispute (1) between one League time, and the report of the Council shall be duced today. Unfortunately, the Senate did not member, Britain, and another, France (then made within six months after the submission represented by the government of so-called act on a welfare reauthorization bill. of the dispute. ‘‘Vichy’’ France, which is believed to have As such, Congress must again pass a reau- never withdrawn from the League), or (2) be- ARTICLE 13 thorization bill that builds on the success of tween one League member and a non-mem- The Members of the League agree that the 1996 law that has been nothing short of ber state (the United States vs. France, Brit- whenever any dispute shall arise between remarkable.

VerDate Jan 31 2003 02:57 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A11FE8.030 E12PT1 February 12, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E189 For example, there has been an historic de- force investment programs that improve serv- the most recognizable example of this pro- cline in the welfare rolls; increases in employ- ices to needy families. This provision will en- business attitude he helped foster is the 1. 12 ment for low-income single mothers, who com- courage states to continue the experimen- million square foot regional mall, known as the prise the population most likely to need assist- tation at the state and local level that pre- Roseville Galleria, which opened in the year ance; and a sustained decline in child poverty. ceded the federal welfare reform action in 2000. Due to this aggressive economic devel- Six years ago, the nation’s welfare rolls bulged 1996. At the same time, it remains important opment and contrary to previous history, the with more than 5.1 million individuals and fam- that the local areas created under the Work- city is now regarded as one of the Sac- ilies. Today, the rolls have decreased tremen- force Investment Act be heavily involved in the ramento region’s premier retail centers and dously. Since 1996, over 3 million families process. That is why I am pleased that the bill dining destinations. have left welfare for work. Over 3 million includes provisions ensuring that the local ad- Noted for his leadership in regional public former welfare recipients know the satisfaction ministering entities join in the flexibility applica- policy discussions, such as the recent local of earning a day’s pay. tions submitted to the Secretaries. This will, in debate over sales tax revenue distribution, Al Even with the robust economy of the late effect, give the locals veto authority over provi- has shared his expertise and experience 1990s, recent studies confirm that welfare re- sions that they believe will not improve the through numerous presentations to public fo- form is largely responsible for the declining quality or effectiveness of the programs in- rums, training sessions, and professional con- caseload and increase in work. The law’s pro- volved. ferences. He is also an active member of sev- motion of work made the crucial difference in Mr. Speaker, I urge my colleagues to sup- eral professional organizations. maximizing opportunities for welfare recipients. port this important legislation that enhances Beyond his professional capacity, Al John- But there is still work for us to do. Too many opportunities for families to move up the eco- son has also contributed much to the commu- families receiving assistance are not engaged nomic ladder and access quality child care for nity through his involvement in various civic in activities that will lead to self-sufficiency. their children. and charitable organizations. Among these are This year, Congress must build upon the suc- f the Roseville Chamber of Commerce, Rose- cess of the 1996 law by providing additional ville Host Lions Club, the United Way Leader- options for families on welfare to move into TRIBUTE TO ALLEN E. JOHNSON ship Council, and the Association for Retarded productive jobs, become self-reliant and obtain Citizens. independence. HON. JOHN T. DOOLITTLE Roseville, which was once a sleepy railroad As the debate goes forward on the best way OF CALIFORNIA town, is now a vibrant, well-planned commu- to increase personal responsibility, it is impor- IN THE HOUSE OF REPRESENTATIVES nity with award-winning parks, law enforce- tant to remember that the true benefactors of ment, and city management. It is home to na- Tuesday, February 11, 2003 welfare reform are young Americans. Because tionally-recognized, high-performing public of welfare reform, young Americans are able Mr. DOOLITTLE. Mr. Speaker, today I wish schools. Its railroad past blends with its newer to see their parents get up each morning and to express warm thanks, congratulations, high-tech industry and thriving commercial earn a day’s pay. Without this very basic ethic, wishes to Allen E. Johnson, upon his retire- centers. Its residential areas include dynamic those young people are at a great disadvan- ment as the city manager of the city of Rose- new developments as well as historic neigh- tage and it becomes difficult for them to es- ville. His vision and managerial skills have borhoods. Despite its increasing affluence, the cape the cycle of poverty in which their fami- helped develop one of the most pleasant, bal- community has also met its affordable housing lies have lived for generations. anced, well-run communities in California. needs. In short, Roseville is a model commu- The legislation that is being introduced After achieving a bachelor of science de- nity with a high quality of life and a bright hori- today, H.R. 4, is based on the Administration’s gree from California State University, Sac- zon. The clear vision, tough negotiation, and proposal and strengthens work rules to ensure ramento in 1976, Al began a career in public consistent leadership of Al Johnson are a that all families are engaged in a full week of administration as a personnel analyst for the large part of the reason why. work and other activities that will lead to self- County of Yuba. Within a few short years, he I thank him for his service and wish him well sufficiency. Families will be permitted to com- became director of personnel for Yuba City, in his future endeavors. bine real work with education and training to where he served from 1979 to 1983. Then, in f help recipients advance in their jobs. In addi- September 1983, he began a nearly 20–year OFFICER EUGENIO SOLIS tion, states will need to have plans achieving tenure with the city of Roseville. Rising from the work-related goals of TANF. States will be director of personnel to administrative services encouraged to coordinate their TANF work director to city manager, Al has had a signifi- HON. SOLOMON P. ORTIZ programs with the One-Stop Career Center cant and lasting impact on the direction in OF TEXAS system created through the Workforce Invest- which Roseville has developed. IN THE HOUSE OF REPRESENTATIVES ment Act of 1998, so that former recipients will Most recently, he managed the city’s day-to- Tuesday, February 11, 2003 continue to have access to additional training day operations, its $300 million budget, and Mr. ORTIZ. Mr. Speaker, I rise today to pay resources. 1,000 employees. He has overseen the city- tribute to a retiring lawman, Agent Eugenio Furthermore, we know that families cannot owned electric operation which weathered Solis, a unique patriot who has enforced our maintain employment without reliable, safe California’s energy crisis better than most utili- laws and chased the bad guys his whole ca- child care for their children. In my home state ties in the state. Additionally, he has guided reer. I am enormously grateful to him for his of California, according to Fight Crime: Invest the proactive expansion of regional waste- life’s work. in Kids California, ‘‘Fewer than one out of water treatment facilities and improvements to Eugenio Solis has served South Texas with every five child care centers in California is local flood control capabilities. Perhaps most 32 years of law enforcement altogether, both rated as good quality.’’ That is why this bill will importantly, he negotiated agreements for and as a patrol officer and as a narcotics agent. also maintain the unprecedented commitment led the implementation of nine specific plan He has over 27 years with the Texas Depart- of federal support for child care by adding $1 developments ranging from 500 to 3,000 acres ment of Public Safety. billion in discretionary funding to the Child in scope. It is fair to say that he has left last- His superiors say he is one of the best un- Care and Development Block Grant, which ing fingerprints on the shape and character of dercover agents we have. Undercover work is provides support to state child care programs. the city of Roseville. dangerous, dirty work, and doing it well takes In addition, the bill improves the program by Roseville has experienced dynamic growth a special talent and untold bravery. Agent helping to target funds set-aside for quality ac- during Al’s tenure. Under his steady leader- Solis can make a deal on the street happen tivities and encouraging states to address the ship, the city has developed several out- quickly; he has a nose for nasty business. He cognitive needs of young children so that they standing public amenities, including the re- can expertly hook a bad guy, buy drugs * * * are developmentally prepared to enter school. cently-dedicated Roseville Civic Center, the and either get out of there fast, or arrest the The bill also provides states maximum flexi- new Police Department headquarters, the bad guys. bility in developing child care programs and Roseville Aquatics Center, the Roseville Over the years he has established relation- policies that best meet the needs of children Sports Center, the Woodcreek Oaks Golf ships and made contacts with all manner of and parents. Course, and numerous parks and transpor- federal and local officials, offering him sundry Finally, H.R. 4 will provide significant new tation improvements. In addition to the fine city resources and contacts that make him effec- waiver authority for states to better coordinate projects which he oversaw, Al has also helped tive on the streets. a variety of federal programs, including TANF, to create an environment in Roseville that fos- His legendary exploits are so well known food stamps, housing assistance and work- ters high levels of private investment. Perhaps around South Texas that he has even been

VerDate Jan 31 2003 02:57 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A11FE8.033 E12PT1 E190 CONGRESSIONAL RECORD — Extensions of Remarks February 12, 2003 recruited by other law enforcement agencies violence around the world. President Bush is colleagues have pointed out, our nation’s sen- to do undercover work. In his undercover ca- pushing for a war in Iraq, while nations like iors are struggling to afford the prescription pacity, he has been fortunate; he has never North Korea, South Korea, Pakistan, India, drugs they need in order to maintain an active Afghanistan, Israel, and Palestine suffer had to draw his gun. and healthy lifestyle. Yet, the Federal Govern- from U.S. foreign policy decisions. You cannot work undercover and not have How can Americans be peacefully patriotic ment continues to impose taxes on Social Se- a good sense of humor, and Eugenio Solis in- while our govemment gives the U.S. military curity benefits. Meanwhile, Congress contin- deed possesses that. He is a famous kidder more and more to do around the globe? To ually raids the Social Security trust fund to fi- and practical joker, which can often mean that repeat one of my mother’s favorite quotes, nance unconstitutional programs! It is long when he’s swept up with the druggies to avoid ‘‘Never believe that a few caring people can’t past time for Congress to choose between detection, his fellow officers will leave him change the world. For, indeed, that’s all who helping seniors afford medicine or using the handcuffed for several hours in good-humor ever have.’’ (Margaret Mead, American an- Social Security trust fund as a slush fund for retribution. thropologist). big government and pork-barrel spending. Even in his retirement, he continues to During the holidays, my family gave Mr. Speaker, I do wish to clarify that this tax money to an organization that helps hungry work—currently with a drug task force in people all over the world feed themselves. credit is intended to supplement the efforts to Kingsville. Mr. Speaker, the men and women The families we help receive donations of reform and strengthen the Medicare system to on the front lines in our drug war are nec- goats, sheep, llamas, honey bees, geese, oxen, ensure seniors have the ability to use Medi- essarily in the shadows, their faces unseen and other farm animals so they can be more care funds to purchase prescription drugs. I and their names unknown * * * because that self-sufficient and live healthier lives. Peace- am a strong supporter of strengthening the is the way the business works. ful patriotism is like this donation. Medicare system to allow for more choice and He has a strong, loving family to support Around the world, kids like me are starv- consumer control, including structural reforms him. That support is vitally important to an ing. Around the world kids like me are sol- that will allow seniors to use Medicare funds diers and suicide bombers. Around the world agent whose business requires him to deprive to cover the costs of prescription drugs. kids like me get sick from drinking dirty his family of his time and attention. Druggies water, get shot by soldiers, and step on land In addition to making prescription medica- do not keep a schedule. His wife, Sylvia—and mines. Around the world, kids like me strug- tions more affordable for seniors, my bill low- their children: Eugenio III and Eduardo, and gle to survive. Americans, as peaceful patri- ers the price for prescription medicines by re- granddaughter, Shelby—have been his great- ots, can help change some of these kids’ ducing barriers to the importation of FDA-ap- est support network. lives. proved pharmaceuticals. Under my bill, any- I ask my colleagues to join me in com- Americans have a right to be proud of their one wishing to import a drug simply submits mending Eugenio Solis for his years of dedica- country. This is a nation where people can be an application to the FDA, which then must tion to law enforcement, for standing on that and do great things. However, imagine a approve the drug unless the FDA finds the world where America is also known as a na- drug is either not approved for use in the U.S. thin blue line that protects our neighborhoods tion that helps people around the globe be from the bad guys. and do great things. When the richest and or is adulterated or misbranded. This process f most powerful nation in history dedicates will make safe and affordable imported medi- itself to making sure people everywhere are cines affordable to millions of Americans. Mr. MARTIN LUTHER KING, JR. ESSAY well-fed, housed, clothed, educated, and have Speaker, letting the free market work is the CONTEST hope for the future, peaceful patriotism will best means of lowering the cost of prescription change the world. drugs. It is not enough for my family to practice I need not remind my colleagues that many HON. PETER A. DeFAZIO peaceful patriotism or for your family to OF OREGON senior citizens and other Americans impacted make that choice. We have to have people in by the high costs of prescription medicine IN THE HOUSE OF REPRESENTATIVES power making decisions about our relation- have demanded Congress reduce the barriers Tuesday, February 11, 2003 ships with other nations who share our hope for the future of America and of the world. which prevent American consumers from pur- Mr. DEFAZIO. Mr. Speaker, I rise today to We can each live as peaceful patriots and chasing imported pharmaceuticals. Congress congratulate Kate Wagoner, a 13-year old help many people now, but if we work to- has responded to these demands by repeat- resident of Eugene, Oregon. Ms. Wagoner, an gether to create a nation of peaceful patriots edly passing legislation liberalizing the rules eighth grader at Thomas Jefferson Middle tomorrow, we can make all the world safe; governing the importation of pharmaceuticals. School, recently won an essay contest held in and secure for kids like me. However, implementation this provisions have The message I want quoted in the future honor of Dr. Martin Luther King, Jr. been blocked by the federal bureaucracy. It is because it descibes America is, ‘‘The great- time Congress stood up for the American con- The theme of the essay contest was how est purveyor of peace in the world today is Americans can be peacefully patriotic, even as my own govemment,’’ sumer by removing all unnecessary regula- the clouds of war loom on the horizon. tions on importing pharmaceuticals. In her insightful essay, Ms. Wagoner notes f The Prescription Drug Affordability Act also that peaceful change can begin with one indi- PRESCRIPTION DRUG protects consumers’ access to affordable med- vidual or one family who cares about others AFFORDABILITY ACT icine by forbidding the federal government and acts on that compassion. However, she from regulating any Internet sales of FDA-ap- goes on to write that it is equally important for proved pharmaceuticals by state-licensed such individuals to influence the decision-mak- HON. RON PAUL pharmacists. ing of those in power in order to guarantee a OF TEXAS As I am sure my colleagues are aware, the lasting peace. IN THE HOUSE OF REPRESENTATIVES Internet makes pharmaceuticals and other products more affordable and accessible for As Ms. Wagoner concludes, if the United Tuesday, February 11, 2003 States dedicates itself to helping feed, clothe, millions of Americans. However, the federal house, and educate the needy around the Mr. PAUL. Mr. Speaker, I rise to introduce government has threatened to destroy this op- world, then we may be able to achieve the the Prescription Drug Affordability Act. This tion by imposing unnecessary and unconstitu- ‘‘nonviolent’’ coexistence of which Dr. King legislation ensures that millions of Americans, tional regulations on web sites that sell phar- spoke, rather than the ‘‘violent co-annihilation’’ including seniors, have access to affordable maceuticals. Any federal regulations would in- of which he warned. pharmaceutical products. My bill makes phar- evitably drive up prices of pharmaceuticals, I would encourage my colleagues and oth- maceuticals more affordable to seniors by re- thus depriving many consumers of access to ers to read Ms. Wagoner’s essay, which I’ve ducing their taxes. It also removes needless affordable prescription medications. included at the end of my remarks. government barriers to importing pharma- In conclusion, Mr. Speaker, I urge my col- ceuticals and it protects Internet pharmacies, leagues to make pharmaceuticals more afford- DR. MARTIN LUTHER KING, JR., ESSAY which are making affordable prescription drugs able and accessible by lowering taxes on sen- Almost 40 years ago, on April 14, 1967, Dr. available to millions of Americans, from being Martin Luther King said, ‘‘the greatest 17 ior citizens, removing barriers to the importa- purveyor of violence in the world today (is) strangled by federal regulation. tion of pharmaceuticals and protecting legiti- my own govenment.’’ The first provision of my legislation provides mate Internet pharmacies from needless regu- Dr. King’s statement is still a powerful seniors a tax credit equal to 80 percent of lation by cosponsoring the Prescription Drug message because America continues to use their prescription drug costs. As many of my Affordability Act.

VerDate Jan 31 2003 02:57 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00004 Fmt 0626 Sfmt 0634 E:\CR\FM\A11FE8.036 E12PT1 February 12, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E191 HONORING THE WORK OF GERALD and community deserves to be commended. TRIBUTE TO OMERO SABATINI T. HALPIN We call upon all of our colleagues in joining us to applaud Mr. Halpin for all of his accomplish- HON. JAMES P. MORAN ments. HON. TOM DAVIS OF VIRGINIA OF VIRGINIA IN THE HOUSE OF REPRESENTATIVES f HON. FRANK R. WOLF Tuesday, February 11, 2003 OF VIRGINIA GODSPEED RON KEENEY Mr. MORAN of Virginia. Mr. Speaker, I rise HON. JAMES P. MORAN today to pay tribute to the life’s work of a re- OF VIRGINIA HON. NICK J. RAHALL II tired American diplomat and longtime Alexan- IN THE HOUSE OF REPRESENTATIVES dria, VA resident Omero Sabatini. Mr. OF WEST VIRGINIA Tuesday, February 11, 2003 Sabatini’s crowning achievement is his modem IN THE HOUSE OF REPRESENTATIVES translation of Italy’s most treasured novel, I Mr. TOM DAVIS of Virginia. Mr. Speaker, Promessi Sposi, or Promise of Fidelity, written we rise today to recognize and honor Mr. Ger- Tuesday, February 11, 2003 by Italy’s foremost novelist Alessandro ald T. Halpin for his years of service in his Manzoni. workplace and community. Mr. Halpin cur- Mr. RAHALL. Mr. Speaker, today, I would rently serves as President and Chief Executive like to pay tribute to Mr. Ron Keeney who will With extensive experience in promoting Officer of WEST*GROUP MANAGEMENT soon retire after nearly 37 years of great serv- intercultural relations and translating from and LLC, a corporation he founded in 1962. ice to our Nation with the U.S. Army Corps of into Italian, Mr. Sabatini has interpreted at the As President of WEST*GROUP, Mr. Halpin Engineers. I would emphasize the term ‘‘great highest levels of government in both the has been responsible for the development, re- service’’ because the contributions Ron United States and Europe, and has published development, and construction of over 13 mil- Keeney has made to bettering the lives of the numerous booklets, articles and human-inter- lion square feet of office, retail, residential, people who reside within the jurisdictional area est stories in both English and Italian. He is and industrial space. With his co-founders, of the Huntington District of the Corps of Engi- active in several Italian-American organiza- WEST*GROUP initiated the development of neers is beyond description here. Indeed, Ron tions and is a member of a number of asso- the area known as Tysons Corner, Virginia, is more than a dedicated public servant and ciations of retired U.S. Foreign Service Offi- upon the purchase of a 125-acre farm in 1962. wonderful person, I also view him a friend not cers. Since this initial development, Mr. Halpin has only to myself but to the people of West Vir- Born in Indiana, Mr. Sabatini lived in Italy since opened four beautifully landscaped of- ginia. from the age of three until his early twenties. fice parks located near major transportation Ron will be retiring from the Huntington Dis- He attended Italian high schools, and it was arteries in Northern Virginia and suburban trict where he is the Deputy District Engineer there that he became an admirer of Italian lit- Maryland. for Project Management and the Chief of the erature and all things Italian. Having served as Chairman of Alexandria Planning, Programs and Project Management He devoted most of his professional life to Management Corporation, Mr. Halpin has also Division. From my experience, Ron brought to promoting U.S. exports, but in retirement acquired extensive experience in the develop- this job not just the credentials of a seasoned chose to spend a large share of his time ment of hotels and resorts. He was an owner Corps of Engineers veteran in terms of plan- translating this Italian literary masterpiece. He and key developer of the luxury resort The ning and constructing civil works projects, but undertook this task as an act of love, and out Cottonwoods, as well as two other hotels in a very real and deeply held belief that the mis- of a desire to make this great Italian classic Scottsdale, Arizona. In residential real estate, sion of the Corps is more than just building better known in the United States and other Mr. Halpin has also achieved a high level of locks and dams and flood control projects. parts of the English-speaking world. expertise. Mr. Halpin has plans to construct That in effect, the Corps’ mission includes im- When the novel that he has translated was four high-rise condominium towers in Tysons proving our environment and providing oppor- first published in its original Italian, Edgar Comer, Virginia. tunities for economic development so that our Allan Poe, and the great German poet, In addition to his professional achievements, children and future generations to come will Johann Wolfgang Goethe, praised it enthu- Gerry Halpin has given back to his community. live in a better world. siastically. Sir Walter Scott called it the ‘‘great- est romance of modem times,’’ and Giuseppe He served for more than eight years as a Ron Keeney was born in Huntington, West member of the Fairfax County Economic De- Verdi, who composed his Requiem Mass to Virginia, and began his rise through the ranks honor Manzoni’s memory, thought that it was velopment Authority and its predecessors. Mr. of the Corps of Engineers in 1966. He grad- Halpin was also appointed to the Governor’s one of the greatest books ever written. This uated from Ohio University with a BBA in Eco- novel is also included in the original Harvard Advisory Board on Industrial Development, nomics, summa cum laude. Over the course and has served on the Board under three gov- Classics series, under the old English title, of his career he has received 30 outstanding/ ‘‘The Betrothed’’. ernors. Currently, Mr. Halpin serves as Chair- exceptional performance ratings and awards, Throughout the years, several attempts man of the Washington Monument Visitor the Silver de Fleury Medal, named USACE have been made to translate this novel into Education Fund. In addition, he also chairs the Planner of the Year, LRD Planner of the Year English, but most of them have failed to cap- Grand Teton National Park Foundation, an or- twice and received the Director of Civil Works ture the intensity and vividness of Manzoni’s ganization that he founded. Mr. Halpin has Special Act Award. also served as a Trustee of the American Mu- imagination. Mr. Sabatini’s work, however, has seum of Immigration, the National Parks and I have had the privilege to work with Ron on been highly praised and admired by scholars Recreation Association, and the Wolf Trap many projects over the years and can say from prestigious universities and other institu- Foundation. without hesitation that no challenge was ever tions of higher learning. Mr. Halpin has been honored for his many too great for him. And challenge him we did Though set in 17th century northern Italy, accomplishments throughout the years. Most indeed. Whether it was providing flood control ‘‘Promise of Fidelity’’ is a timeless and uni- recently, he was recognized as the Ernst & along the Tug Fork River, implementing one of versal tale that touches on every human feel- Young Greater Washington ‘‘2002 Master En- the first in the Nation Corps of Engineers envi- ing, passion and behavior. It tells the story of trepreneur of the Year.’’ Also in 2002, he was ronmental infrastructure programs, or building two young fiance´s separated by the events awarded an Honorary Degree of Doctor of Hu- a relationship with Marshall University’s that marked Europe’s dramatic political and manities from Shenandoah University. Other Geotechnical Center, Ron Keeney responded social scene. significant awards include the Fairfax County to the challenge. I know for a fact that when I concur with the vast majority of experts Citizen of the Year Award, the prestigious Ellie he looks back at his career he will remember who feel that this novel is required reading for Doyle Service Award from the Fairfax County the work we did together at the Bluestone anyone interested in learning about Italian and Park Authority, as well as a Virginia Senate Dam facility as a highlight. world literature, but also those intrigued with proclamation honoring Mr. Halpin as an ‘‘Out- Mr. Speaker, on behalf of myself and my how Italian social, intellectual, and artistic pat- standing Virginian for a Lifetime of Dedication staff, including Kent Keyser and Jim Zoia, we rimony has helped shape our own American to Fairfax County.’’ wish Ron Keeney Godspeed on his future en- culture and our outlook on life. I salute Mr. Mr. Speaker, in closing, it is with great deavors. The best to him and his family, and Sabatini’s work, as it will continue to provide pleasure that we extend this recognition to Mr. may he continue to reside and prosper in the learned enjoyment for many generations to Gerald Halpin. His dedication to his business great State of West Virginia. come.

VerDate Jan 31 2003 02:57 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00005 Fmt 0626 Sfmt 0634 E:\CR\FM\A11FE8.041 E12PT1 E192 CONGRESSIONAL RECORD — Extensions of Remarks February 12, 2003 HONORING ALMA MATILDA WAL- six-man football team upon winning Calvert’s have been awarded a Medal of Valor by the TERS ON HER 100TH BIRTHDAY first Texas State football title in school history! Monterey County Peace Officer’s Association Team members Herbert Kinney, Darius for their dedicated service to the County of HON. Smith, Chris Ford, Greg Ford, Sammy Wells, Monterey. OF NEW YORK Deuantay Green, Torre Grimes, Joske Bowen, On December 29, 2001, Monterey County IN THE HOUSE OF REPRESENTATIVES Tijon Green, Brandon Stewart, Brian Ford, Sheriff’s Deputies responded to a call about a suspicious vehicle that may have been in- Tuesday, February 11, 2003 Randall Green, Jay Green, Lionel Melton, James Ashley, Tranquille Kinney, Corey Gib- volved in the sale of stolen property. Deputy Mr. TOWNS. Mr. Speaker, I rise today to son, Mario Smith, and Dekesselar Ford pro- Matthew Luther determined the vehicle was pay tribute to Mrs. Alma Matilda Walters on vided a natural well spring of notable Calvert stolen and also realized that it was parked at the occasion of her 100th birthday, which will championship athletic talent, the likes of which a residence where known felons took refuge. take place next week on February 22nd. has not been seen since National Baseball Additional units arrived and surrounded the Mrs. Walters was born on February 22, Hall of Fame inductees and half-brothers location: Deputy Luther and Deputy Phillip 1903, in Palmetto Point, St. Kitts, British West Rube and Bill Foster. Farley covered the rear of the home, while Indies. She immigrated to the United States in Head Coach and Trojan alumnus Coylin Deputy Oscar Leon covered the front. Ser- her early teens and like so many immigrants geant Joe Pedroza took the exterior perimeter. of that era, she entered the U.S. through Ellis Grimes provided the unflappable leadership and football know-how necessary to mold this A suspect’s desperate efforts to flee were Island. Mrs. Walters eventually settled in Jer- thwarted by Deputy Farley. Trying another sey City, New Jersey, married and raised her outstanding group of players into an unstoppable force and an unbeaten team (14– exit, the suspect encountered Deputy Leon first five children (Delores, Irene, Marjorie, and began shooting. Deputy Leon returned fire Florence and John) there. Her first marriage 0). Upon realizing his team’s championship ambitions last December way out in San An- at almost point blank range. Shortly thereafter, ended in divorce and she was forced to raise the suspect attempted to escape by jumping her children as ‘‘a single mother’’ well before gelo, Coach Grimes remarked, ‘‘This feels great. The kids deserved it; the city of Calvert off the front porch of the residence and tried the phrase became a part of today’s popular to climb into a tree above Deputy Luther. The culture. Mrs. Walters did so while working as deserved it. It’s just a great time to be a Cal- vert Trojan fan.’’ You did it, Coach, and we’re suspect, still in possession of his handgun a church assistant and domestic worker to the was disabled by Deputy Luther’s return fire. all proud of you and your work in guiding this Lerner family, the owners of the Lerner cloth- After securing the suspect, two additional co- outstanding group of young and talented ath- ing store chain. conspirators were located inside the house letes towards achieving their highest goals for Mrs. Walters worked as a nurse’s aide at and taken into custody. Community Hospital in Brooklyn’s Flatbush the 2002 football season. The lessons of de- Throughout this quick encounter, each dep- neighborhood for many years. She was an ac- termination, concentration, and dedication, uty employed his skills, training, and in- tive member of Local 1199 and participated in along with the rewards attending these les- stincts—all of which culminated in the securing union activities during her working years as sons will not be forgotten, and will be shared of the suspect and the crime scene. The en- well as after her retirement in 1977. She was by every Trojan athlete and scholar for all counter was not over after the suspect was also an active member of the Miller Avenue time. We also congratulate assistant coach shot and disabled. All the deputies involved Block Association and a life-long Democrat. Randy Boley, team managers Kiemon Council, maintained their focus, worked in unison and Later in life, she met and married M/Sgt. Kasey Burnett, and Javion Council, whose continued to react to each threat as it arose. Ulysses Walters. The Walters traveled dedication to the success of the 2002 Trojan The above Sheriff’s Deputies were confronted throughout the United States and lived in six-man football team should also be honored. with a life and death situation in which, a mur- Texas, Oklahoma and Georgia before return- The Trojans scored all 51 of their points in der suspect attempted to gain his freedom by ing to Brooklyn, New York in 1963. Together, the final half of 2002 championship play, stun- shooting his gun at them. In doing so, they they adopted a son, Frank Edward. Mrs. Wal- ning the Sanderson Eagles who went into the were able to apprehend the suspect without ters’ husband, Ulysses, died in 1975. locker room at the half up 32–0. The 4,000 injuries to the deputies involved. Mrs. Walters resided at 399 Miller Avenue in football fans on hand at San Angelo’s Bobcat Sergeant Joe Pedroza, Deputy Matthew Lu- the East New York section of Brooklyn from Stadium were treated to a 50–yard score on ther, Deputy Oscar Leon, and Deputy Phillip 1964 until the spring of 2000 when she suf- the Trojan’s final possession of the game by Farley were awarded this Medal of Valor on fered a hip fracture and needed extensive playmaker Darius Smith. Darius, who finished April 17, 2002. nursing care. She is currently residing at the the game with 206 yards rushing, 88 yards re- On the evening of January 15, 2002, the Kingsbrook Jewish Medical Center in Brook- ceiving, and five touchdowns, caught a short Salinas Fire Department and the Salinas Po- lyn, New York. pass on a flare route, broke two tackles, and lice Department were dispatched to a structure Mrs. Alma Matilda Walters currently has 96 took the ball over the goal line with less than fire at the Acosta Plaza apartment complex. direct descendants who are alive. This number a minute remaining in regulation to bring the Officer Ernie Sanchez and Officer Teresa includes six generations. She is an out- Championship home to Calvert, 51–46. Con- Naugle-Dudek arrived before any fire units standing example of a woman who came to gratulations to the Calvert High School football and determined that the occupants of apart- America to improve her own life and contrib- team and to their fans, friends and families in ment #2, which was fully engulfed, were safe uted in many ways to the success of her fam- Calvert, Texas and throughout the country! and accounted for. In speaking with the resi- ily, children and community. She struggled f dents, the two officers learned that the occu- and endured during some of the most difficult pants of apartment #1 had not been seen out- times in our history. Although she only had the HONORING MEDAL OF VALOR RE- side. equivalent of an eighth grade education, she CIPIENTS: SERGEANT JOE When Officer Sanchez knocked on the door always inspired each of her children to be the PEDROZA, DEPUTY MATTHEW and got no response, he forced the locked best at whatever they chose to do in life. LUTHER, DEPUTY OSCAR LEON, door. When Officer Sanchez and Officer I urge my colleagues to join me in recog- DEPUTY PHILLIP FARLEY, OFFI- Naugle-Dudek entered the premises, they nizing the lifetime achievements of this re- CER TERESA NAUGLE-DUDEK found the apartment full of thick, dark smoke. markable woman, Mrs. Alma Matlida Walters, AND OFFICER ERNIE SANCHEZ Without breathing apparatus or concern for as she celebrates her 100th birthday on Feb- their personal safety, they located three indi- ruary 22, 2003. HON. viduals asleep in an upstairs bedroom. Officer f OF CALIFORNIA Sanchez and Officer Naugle-Dudek evacuated CALVERT TROJANS WIN 2002 IN THE HOUSE OF REPRESENTATIVES the residents and had the persons evaluated by medical personnel at the scene. TEXAS BOWL; SIX-MAN FOOT- Tuesday, February 11, 2003 BALL STATE CHAMPIONSHIP Officer Sanchez kept the family with him Mr. FARR. Mr. Speaker, I rise this evening until he could make arrangements with rel- HON. PETE SESSIONS to honor the courageous efforts of the men atives for their lodging. Officer Naugle-Dudek and women in law enforcement. These individ- assisted the other displaced residents in se- OF TEXAS uals risk their lives each day in fighting crime curing temporary housing in the complex, until IN THE HOUSE OF REPRESENTATIVES and keeping our communities safe. Tonight, I their units could be declared structurally safe Tuesday, February 11, 2003 honor four brave members of the Monterey to inhabit. Mr. SESSIONS. Mr. Speaker, congratula- County Sheriff’s Department and two mem- There is little doubt that both their quick ac- tions to the 2002 Calvert High School Trojan bers of the Salinas Police Department that tions averted a potentially deadly situation.

VerDate Jan 31 2003 02:57 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A11FE8.044 E12PT1 February 12, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E193 These citizens, fast asleep, could have been EXPRESSING CONDOLENCES OF Act, directing the Secretaries of Interior and overcome by smoke inhalation and perished in THE HOUSE TO THE FAMILIES Agriculture to study the feasibility of expanding their home. Officer Sanchez and Officer OF THE CREW OF THE SPACE the Santa Monica Mountains National Recre- Naugle-Dudek displayed heroism while dis- SHUTTLE ‘‘COLUMBIA’’ ation Area to include the mountains and can- regarding their own personal safety during the yons in Southern California that are part of the structure fire. SPEECH OF Rim of the Valley Corridor, as designated by Officer Teresa Naugle-Dudek and Officer HON. SILVESTRE REYES the State of California. Ernie Sanchez were awarded this Medal of OF TEXAS The National Park Service and the U.S. For- Valor on April 17, 2002. IN THE HOUSE OF REPRESENTATIVES est Service would jointly study the suitability of Wednesday, February 5, 2003 more than doubling the size of the Santa Undaunted, all of these men and women Monica Mountains National Recreation Area acted with great courage, in concert with one Mr. REYES. Mr. Speaker, I wish to honor by encompassing this corridor, which contains another and with the highest degree of profes- the lives of the seven courageous individuals areas of rare Mediterranean ecosystems and sionalism. And it is their undying commitment who tragically perished aboard the Space encircles the mountains above the San Fer- to public safety and law enforcement that is so Shuttle Columbia on Saturday morning. Mi- nando, La Crescenta, Santa Clarita, Simi, and essential to the health of our communities. Mr. chael Anderson, David Brown, Kalpana Conejo Valleys, as well as the famed Arroyo Speaker, it is with great pride that I congratu- Chawla, Laurel Clark, Rick Husband, William Seco, home of Pasadena’s Rose Bowl. late these individuals on their receipt of this McCool, and Ilan Ramon are true heroes who For many residents of Southern California, leave behind a legacy of cooperation, hard tremendous honor. the mountains above our communities are a work, and friendship that will live on and in- nearby haven to enjoy nature, a refuge from spire future generations of scientists and f the noise and commotion of Los Angeles. Our space explorers. I offer my deepest condo- mountains can and should be places where lences to the astronauts’ families. CONGRATULATIONS TO THE UNI- city-dwellers can easily go to enjoy such ac- VERSITY OF SOUTHERN CALI- In the midst of this tragedy, may our Nation and the international community also pay tivities as hiking, camping, mountain biking, FORNIA ON THEIR ORANGE horseback riding, observing wildlife, and ad- BOWL VICTORY homage to all of the selfless, courageous as- tronauts of the National Aeronautics and miring nature’s scenic beauty. Given the tre- Space Administration and other space agen- mendous growth pressures in Southern Cali- HON. DIANE E. WATSON cies around the world. These men and women fornia, we must act now to preserve our pre- venture into the unknown in search of new cious open space. It is my hope that the Rim OF CALIFORNIA knowledge. These complex, grueling, and dan- of the Valley Corridor Study Act will embody a IN THE HOUSE OF REPRESENTATIVES gerous missions have been the source of dream and vision of a Southern California en- some of the greatest technological gains in hanced not only by what was built, but also by Tuesday, February 11, 2003 history. what was preserved. The goal of every astronaut is ultimately the The National Park Service oversees the Ms. WATSON. Mr. Speaker, I rise to pay betterment of mankind, and the seven explor- highly successful Santa Monica Mountains Na- tribute to the accomplishments of the Univer- ers we lost on Saturday were working towards tional Recreation Area, the world’s largest sity of Southern California football team. Con- exactly that. They were working to understand urban park, spanning from the mountains to gratulations are indeed in order for USC Presi- complex mechanisms in the human body, col- the sea and protected in perpetuity by Con- dent Steven Sample, Head Coach Pete Car- lecting samples of their own blood, urine, and gress in 1978. Inclusion of the Rim of the Val- roll, and the Orange Bowl champions, who fin- saliva to detect possible bone loss, kidney ley Corridor would link wildlife habitat in the ished the season with the #I ranking in the stones, muscle loss, or weakening of immune Santa Monica Mountains to the Angeles Na- Sagarin and Matthews/Scripps Howard ratings systems, to lead to developments in tional Forest. and the nation’s #4 ranking in the final AP and healthcare—like the dialysis equipment that The Rim of the Valley Corridor Study Act ESPN/USA Today polls. my mother uses. would require the Secretaries of Interior and The USC Trojan football team has shown As the astronauts watched the Earth spin Agriculture to complete their study within one unique skill, charisma, dedication, and love for below them, observing climatic and atmos- to three years, consulting with state and local the sport. The Trojans accumulated an 11 and pheric phenomena, they worked on projects to government entities. It would then be nec- 2 win-loss record while competing against help lessen our footprint on the planet, includ- essary for Congress to enact subsequent leg- some of the best programs in the country. The ing researching low-level combustion for use islation to implement the study’s recommenda- Trojans regular season performance and their in leaner-buming automobile engines. The tions. strength of schedule earned them a Bowl data from their research will have impact far I am pleased that this legislation has bipar- Championship Series, or BCS, berth. Team- into the future. tisan support, with Reps. HOWARD BERMAN, As people in my district of El Paso and work and a motivated work ethic combined to DAVID DREIER, GEORGE MILLER, BRAD SHER- across the Nation watched the Columbia fall create second half domination over Iowa in MAN, and HILDA SOLIS as principal co-spon- from the sky on Saturday morning, we were the Orange Bowl. After going into the half tied sors. I am delighted that the senior Senator gripped with awe and fear. We will rise out of 10–10, the Trojans mounted long touchdown from California, Senator FEINSTEIN, is also in- this tragedy. The lessons that we learn from marches on their first three possessions of the troducing this important legislation today. this day will bring us to a brighter tomorrow, second half to blow open the game. USC fin- The Rim of the Valley Corridor Study Act a future in which more passionate young men ished the game 38–17, defeating a higher will result in an initiative creating a lasting leg- and women truly become citizens of the uni- ranked Iowa team. acy of nearby natural open space for our chil- verse, looking at the world from the vantage dren—and their children—to enjoy. Now is also the appropriate time to con- point of the stars. The crew of the Columbia gratulate quarterback Carson Palmer for win- lived an adventure which most of us can only f ning the prestigious Heisman Trophy. This is imagine. As long as children look up to the HONORING RICHARD WILLIAMS, the first time the trophy has returned to the sky and dream of touching the stars or stand- JR. west coast since USC running back Marcus ing on the moon, our memories of these brave Allen managed the feat 21 years ago. Carson men and women will live on. HON. JOHN J. DUNCAN, JR. Palmer is the 5th Heisman winner from USC. f Palmer himself summed up the Trojan mind OF TENNESSEE set this year when he stated, ‘‘I couldn’t be THE RIM OF THE VALLEY IN THE HOUSE OF REPRESENTATIVES more honored to take this trophy back to CORRIDOR STUDY ACT Tuesday, February 11, 2003 share with my teammates in Los Angeles . . . Mr. DUNCAN. Mr. Speaker, I rise today to This award is as much theirs as it is mine.’’ HON. ADAM B. SCHIFF honor the life of Mr. Richard Williams, Jr., who OF CALIFORNIA Mr. Speaker, again I congratulate USC served as Blount County Commissioner from IN THE HOUSE OF REPRESENTATIVES President Steven Sample, Head Coach Pete 1984 until recently. Caroll, and the football team at the University Tuesday, February 11, 2003 Commissioner Williams was dedicated to his of Southern California for a season to remem- Mr. SCHIFF. Mr. Speaker, I rise today to in- family, faith and Country. He was a great ber. troduce the Rim of the Valley Corridor Study American.

VerDate Jan 31 2003 02:57 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A11FE8.047 E12PT1 E194 CONGRESSIONAL RECORD — Extensions of Remarks February 12, 2003 An active member of the Blount County Leadership Conference and the Congress of the 29th Street shul. He noticed that I left community, Commissioner Williams was a Racial Equality. Mr. Tolliver acted as the legal every morning to go down to Henry Street on Sunday school teacher and chairman of the advisor for the Shield Club, and initiated the the lower east side, to take my children to Board of Deacons at St. John Baptist Church indictment of ten Cleveland police officers for school in the yeshiva, and that I would go of Alcoa. He was Past Master of Granite Ma- violent crimes. back every afternoon to pick them up. Mr. sonic Lodge No. 289, Past Commander in Mr. Speaker and colleagues, please join me Finkel said to me, ‘‘Rabbi, you can’t keep this Chief of Alcoa Consistory No. 175, Past in honor of Stanley Eugene Tolliver, and his up! You will not last, it is too much for you. Potenlate of Almas Shrine Temple No. 71, and continued commitment to our community. His There is an excellent opportunity, the 29th was named Mason of the Year. work, expertise and dedication have served to Street shul is looking for a Rabbi. The position In 2002 he received the Governor’s Ten- uplift, improve and unify our entire citizenry. would be perfect for you.’’ Rabbi Kleiman was nessee Volunteer Commendation Award and Mr. Tolliver’s strong leadership abilities, vision, happy in his current position, but Mr. Finkel was listed in Who’s Who Among Black Ameri- and passion for social justice for all has persisted. Rabbi Kleiman agreed to preach a cans. Williams was also a member of the earned him the deep admiration and respect sermon one Shabbos, with the understanding Alcoa Rotary and American Legion Post 18. of the Cleveland community, as well as the that he was not applying for the position of When he was elected to Blount County’s entire Greater Cleveland community. Rabbi. governing body in 1984, he became the sec- f ond African-American elected official in Blount He recounts, ‘‘The Saturday I preached was County in the twentieth century and the third INTRODUCING THE SALES TAX the week that Britain’s Prime Minister Cham- in the county’s history. EQUITABILITY ACT berlain had held his now infamous meeting Above all, he cherished his family. Commis- with Hitler in Munich. When Chamberlain re- sioner Williams was married to Evelyn Robin- HON. GENE GREEN turned to 10 Downing Street, it was a rainy day. He opened up his umbrella and declared son Williams for over forty years. He loved OF TEXAS to the world: Peace in our time! The title of the being a husband, father, grandfather, and IN THE HOUSE OF REPRESENTATIVES great-grandfather. sermon I preached that Shabbos was Peace Tuesday, February 11, 2003 This Nation is a better place because of Not in Our Times.’’ Rabbi Kleiman explains Commissioner Williams, and I want, in this Mr. GREEN of Texas. Mr. Speaker, I rise that Chamberlain should have known from his small way, to express my great appreciation today to introduce the Sales Tax Equitability meeting that Hitler was out to destroy the Jew- for his service and my heartfelt condolences to Act, important legislation which would elimi- ish people and their rich culture. In the pacifist his family. nate the discrimination faced by individuals and isolationist climate of the United States f who live in States that have no income tax. during that time, the Rabbi stressed that the Under current law, individuals can deduct prestige of the Jewish people and their lead- HONORING STANLEY EUGENE their State income tax from their Federal in- ers had to be raised. In his words, ‘‘The con- TOLLIVER come tax. Unfortunately, in many States like gregation said that if this Rabbi is crazy Texas, which has no State income tax, resi- enough to deliver this kind of sermon when HON. DENNIS J. KUCINICH dents are not eligible for this deduction. Even America is so isolationist and pacifistic, let’s OF OHIO though they pay State sales taxes that are eq- elect him for six months and then fire him. IN THE HOUSE OF REPRESENTATIVES uitable to income taxes in other States, these And so it was. Every six months I was fired individuals are penalized because they don’t and re-hired. And that’s how I lasted 60 Tuesday, February 11, 2003 pay a State income tax. This situation is pat- years!’’ Mr. KUCINICH. Mr. Speaker, I rise today in ently unfair. And after fifty years as Rabbi, the Board of honor and recognition of Stanley Eugene The legislation I am introducing today would Trustees at Adereth El asked him if he would Tolliver—respected attorney, civic activist, allow residents of States with no income tax to consider retiring. He said, ‘‘No Way!’’ He told community advocate, dedicated family man, deduct their sales tax from their Federal in- them that his mother lived to 104 and was and friend and mentor to countless—as he is come tax. This legislation would provide fair- sworn-in as President of the Norman S. Minor alert to the last day and he expects to outlive ness for all Americans by ensuring that, in her. Currently, after 60 years of outstanding Bar Association. States where there is no income tax, State Mr. Tolliver was born and raised in Cleve- service and leadership, Rabbi Kleiman has and local sales taxes are treated the same as been given the new honor and title of Rabbi land, and has reflected a life-long commitment income taxes. Emeritus, which he expects to be for at least to education for himself and for others. After I encourage my colleagues to support this another fifty years. attending the Cleveland Public Schools, Mr. legislation. Tolliver received his undergraduate degree at f Congregation Talmud Torah Adereth El, Baldwin Wallace College with a major in pre- founded in 1857, has the distinction of being law. He was awarded his law degree from IN RECOGNITION OF RABBI the only Jewish congregation in New York City Cleveland-Marshall College of Law in 1951. SIDNEY KLEIMAN to have worshipped for more than 140 years Mr. Tolliver passed the bar exam in 1953 on the same site. Since 1863, Adereth El has while serving in the United States Army. In HON. CAROLYN B. MALONEY been located on East 29th Street. The original 1969, he received a Juris Doctor degree from OF NEW YORK design and integrity of the synagogue’s simple Cleveland-Marshall College of Law. IN THE HOUSE OF REPRESENTATIVES and dignified interior has been substantially He embarked upon his journey of public unaltered. Today, the congregation continues Tuesday, February 11, 2003 service in the seventies, when he was ap- to provide a spiritual home to over 150 New pointed by Judge Frank Batisti to the Com- Mrs. MALONEY. Mr. Speaker, I would like York City families. The contributions of Con- mittee of the Office of School Monitoring and to pay tribute to Rabbi Sidney Kleiman on the gregation Talmud Torah Adereth El have Community Relations. Mr. Tolliver was elected occasion of his 90th birthday. Both a scholar touched many lives by providing spiritual guid- to the Cleveland School Board in 1981; re- and a vigorous leader, Rabbi Kleiman inspires ance as well as fostering an enduring spirit of elected in 1985, 1989, and elected as Presi- his community and congregation with his pious community. This spirit of giving is epitomized dent of the School Board in 1987. In 1990, Mr. dedication and moving sermons. by the dedication and selflessness exhibited Tolliver was reelected as President of the With the longest active tenure of service in by Rabbi Kleiman. School Board. Besides his dedication to the the same synagogue of any living rabbi, Rabbi For his unwavering dedication to his com- education of our youth, Mr. Tolliver has been Kleiman, has been serving New York City’s equally committed to social justice issues. He historic Congregation Talmud Torah Adereth munity and congregation, Rabbi Kleiman will is an active member of the Black Elected El for over 60 years. First as Rabbi from forever remain a prominent and lasting com- Democrats of Cleveland; a life-long member of 1939–1999, he now serves as Rabbi Emeritus munity and spiritual leader. the NAACP; an Executive Committee Member since 2000. In recognition of Rabbi Kleiman’s lifetime of of the Cleveland NAACP; and an active mem- Rabbi Kleiman tells the story of how he be- service and leadership of Congregation Tal- ber of the Cleveland Citizens Committee came rabbi of Adareth El. ‘‘In 1939, I was mud Torah Adereth El, I ask that my col- Against Dual Law Enforcement. Additionally, Rabbi of the Jewish Center of Violet Park [in leagues join me in saluting Rabbi Kleiman and Mr. Tolliver has served as legal counsel to Dr. Bronx]. A Mr. Finkel, of blessed memory, was the congregation on his 90th birthday celebra- Martin Luther King, Jr., the Southern Christian a member of my shul and also a member of tion.

VerDate Jan 31 2003 02:57 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00008 Fmt 0626 Sfmt 0634 E:\CR\FM\A11FE8.051 E12PT1 February 12, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E195 RECOGNITION TO SALVATORE M. gry project. Through their hard work, these connection with the soil, making a connec- SCHIBELL outstanding high school students provided tion with hungry people,’’ Schaller said. hundreds of pounds of fresh vegetables to ‘‘We’re grateful to the folks at Roberson for taking this on, and we hope other schools HON. FRANK PALLONE, JR. needy individuals throughout western North will decide to do it as well.’’ OF NEW JERSEY Carolina. The T.C. Roberson High School Fu- Schaller said MANNA also is grateful for IN THE HOUSE OF REPRESENTATIVES ture Farmers of America organization was also more informal donations of fresh vegetables, recognized in a July 8, 2002 editorial and a ideally between 8 a.m. and 3:30 p.m., week- Tuesday, February 11, 2003 July 5, 2002 article in the Asheville-Citizen days. Mr. PALLONE. Mr. Speaker, I would like to Times, which I am happy to share with my col- ‘‘But if someone needs to come on Satur- call the attention of my colleagues to a friend leagues. day, they can call and we’ll make special ar- of the Sixth District of New Jersey. Mr. rangements,’’ she said. [From the Asheville Citizen-Times, July 5, ‘‘While we emphasize the ‘plant a row’ con- Salvatore Michael Schibell, who is being hon- 2002] cept, we also are very, very welcoming of ored as the Man of the Year for the Amerigo FUTURE FARMERS RAISE CROPS FOR THOSE IN people’s excess produce, even if it’s just ex- Vespucci Society. NEED cess,’’ Schaller said. ‘‘It’s a lot of people Mr. Schibell is being honored for his untiring (By Barbara Blake) doing a little amount that really makes a dedication and remarkable assistance to his SKYLAND.—Lonnie Johnson can almost see difference—and a few people doing extraor- community. Mr. Schibell, a native of Long the smiles on the faces of the elderly people dinary stuff.’’ Branch, attended Long Branch High School who will soon be eating fresh corn, beans, to- and later graduated from Monmouth University matoes, squash and peppers his horticulture [From the Asheville Citizen-Times, July 8, 2002] with a Bachelor’s Degree in Accounting and a students are growing out at Roberson High Master’s Degree in Business Administration. In School. ROBERSON’S FFA GOOD SIGN OF BRIGHT FUTURE FOR WNC CITIZENSHIP 1990, Mr. Schibell was awarded his Masters And thinking about the pleasure these nu- tritious vegetables will bring to those senior Degree in Tax Law by Fairleigh Dickenson Thanks to a group of Future Farmers of citizens and others who live on the edge of America at Roberson High School and their University. He holds CPA Certificates in both hunger brings a smile to Johnson’s face. teacher, Lonnie Johnson, poor, elderly peo- New Jersey and New York. ‘‘Elderly people go crazy with fresh ple in Western North Carolina will be bene- In 1989 Mr. Schibell was a founding partner produce,’’ he said. ‘‘A lot of these people fiting from one of summer’s greatest pleas- of Rescinio, Schibell & Company. Prior to the don’t get much fresh, and we’re going to be ures—a bounty of fresh, homegrown vegeta- formation of the firm, he spent fifteen years in giving them hundreds of pounds all the way bles. public accounting, most of them with an inter- up into September and October. And we As any backyard gardener knows, nothing national Big 6 firm. Formerly a senior man- won’t stop then—in the fall, we’ll plant our tastes as good as a ripe, freshly picked to- fall garden with greens and cabbage and tur- ager, he left public accounting to serve eight mato. And nothing is more nutritious than nips and broccoli, and we’ll keep it coming.’’ homegrown vegetables that are eaten soon years as the senior financial officer and gen- Those are sweet words to the staff at after they were harvested. eral manager of a major beverage distributor. MANNA FoodBank, which will receive the Johnson and his students decided to par- In 1993, Mr. Schibell became a partner of the vegetables from the Roberson students and ticipate in MANNA FoodBank’s Plant a Row accounting firm of Lawson, Rescinio, Schibell immediately distribute them to the poor and for the Hungry project, but they planted & Associates, P.C. in Oakhurst, NJ. hungry in Western North Carolina as part of more than a row. They’re growing corn, Mr. Schibell’s professional memberships are the nonprofit’s Plant a Row for the Hungry beans, tomatoes, squash and peppers. Before numerous, some of which include: The Amer- project. coming to Roberson, Johnson taught horti- Johnson, who formerly was the horti- ican Institute of Certified Public Accountants, culture at the Swannanoa Valley Youth culture teacher at the Swannanoa Valley Academy, where he started a Plant a Row New Jersey Society of Certified Public Ac- Youth Academy, started the Plant a Row project two years ago. That project provided countants; Community Associates Institute, project on that campus two years ago, pro- MANNA with nearly 2,000 pounds of produce. and the Estate Planning Council of Central viding MANNA with nearly 2,000 pounds of ‘‘Lots of times during the year, we’re able New Jersey, for which he served as the past produce. to access produce because it’s not in great president and was on the Board of Trustees. Early in the spring, Johnson found his Fu- condition,’’ said MANNA’s Director of Devel- In addition, Mr. Schibell has served on numer- ture Farmers of America students at opment Kitty Schaller. ‘‘But this puts the ous committees for charitable organizations, Roberson equally interested in participating. freshest stuff in the hands of the agencies So they worked together to plant more than such as: the Amerigo Vespucci Society, and that need it—and the need is great. This is one row for the hungry after clearing brush first-quality stuff, and as soon as it comes the Ronald McDonald House in Long Branch. to make beds, working the soil and carefully in, it goes out.’’ Presently, Mr. Schibell and his wife Lois re- planting seeds—all while learning about all The project benefits not only those whose side in Eatontown, New Jersey where they things gardening and horticulture. consume the vegetables, it gives young peo- enjoy the company of their four children Throughout their summer vacation, stu- ple an opportunity to learn about gardening. Stephanie, Andy, Sean, and Denise and their dents have come one, two or 10 at a time to Throughout their summer vacation, students first grandchild, Ashley Brook. replant, weed, water and, now, harvest the have come singly and in groups to replant, On this day we celebrate and honor the dis- vegetables of their labor. weed, water and harvest the vegetables. tinguished Mr. Salvatore M. Schibell for his ex- ‘‘It’s fun—I like to work with my hands,’’ They’re learning more than practical horti- said rising sophomore Levi Dowdle, peering cultural skills. tensive accomplishments and his dedicated into a bushy hill of squash loaded with yel- ‘‘We love having children do this,’’ pattern service to his community. I ask my colleagues low flowers and tiny fruits. ‘‘I like seeing for them—making a connection with the to join with me in commending him in his dedi- how much stuff has grown, and how fast it soil, making a connection with hungry peo- cation. grows, and how much time different things ple. f take. The Youth Academy and Roberson FFA are ‘‘And,’’ he said, ‘‘I like helping people.’’ the only two schools formally involved with T.C. ROBERSON FUTURE FARMERS This produce will defintely help people, ac- the Plant A Row program, Schaller said, but OF AMERICA cording to Kitty Schaller, director of devel- she’d love to see others participate. opment at MANNA, which netted more than As for Johnson, he gets a lot of satisfaction 15,000 pounds of donated produce from local thinking about those who will relish the HON. CHARLES H. TAYLOR gardens last year. vegetables his students grow. OF NORTH CAROLINA ‘‘Lots of times during the year, we’re able ‘‘Elderly people go crazy with fresh IN THE HOUSE OF REPRESENTATIVES to access produce because it’s not in great produce,’’ he said. ‘‘A lot of these people Tuesday, February 11, 2003 condition. But this puts the freshest stuff in don’t get much fresh, and we’re going to be the hands of the agencies that need it—and giving them hundreds of pounds all the way Mr. TAYLOR of North Carolina. Mr. Speak- the need is great,’’ Schaller said. up into September and October. And we er, I rise today to recognize the T.C. Roberson ‘‘This is first-quality stuff, and as soon as won’t stop then—in the fall, we’ll plant our High School Future Farmers of America orga- it comes in, it goes out.’’ fall garden with greens and cabbage and tur- nization and their teacher, Lonnie Johnson. Schaller said the Youth Academy and the nips and broccoli, and we’ll keep it coming.’’ Roberson FFA kids are the only two schools Kudos to Johnson and his students, who The organization was recently recognized in formally involved with the Plant a Row for have pointed the way for other schools. But the November/December 2002 issue of New the Hungry project, and said she hopes other in this time of fiscal austerity, participating Horizons magazine for their efforts to help schools will take part. in the Plant A Row project is a tremendous poor and elderly individuals by participating in ‘‘We love having children do this, because and inexpensive opportunity for anyone who MANNA FoodBank’s Plant a Row for the Hun- it establishes a pattern for them—making a has a garden spot to give a great bounty to

VerDate Jan 31 2003 02:57 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00009 Fmt 0626 Sfmt 0634 E:\CR\FM\A11FE8.055 E12PT1 E196 CONGRESSIONAL RECORD — Extensions of Remarks February 12, 2003 those in need. Seeds are inexpensive and and made them feel good,’’ Johnson says. IN RECOGNITION OF GOUVERNEUR with a little tender loving care they become Soon thereafter, a local television station HEALTHCARE SERVICES a nourishing gift beyond compare. and the school’s own televised news program Schaller said MANNA is also grateful for quickly picked up the story. more informal donations of fresh vegetables, While these FFA members appreciate the HON. CAROLYN B. MALONEY preferably between 8 a.m. and 3:30 p.m. week- positive publicity their FFA chapter his re- OF NEW YORK days. So, if your garden is producing more ceived, they realize something more impor- than you can possibly preserve, consider a tant is happening. Their gardening project IN THE HOUSE OF REPRESENTATIVES donation to MANNA. has built public awareness of hunger—a You’ll have the joy of imagining, as John- move that will put Asheville, and the world, Tuesday, February 11, 2003 son does, the pleasure your gift will bring. a few steps closer to making sure everyone Mrs. MALONEY. Mr. Speaker, I would like has enough food to eat. to pay tribute to Gouverneur Healthcare Serv- [From New Horizons, Nov./Dec. 2002] IN THEIR OWN WORDS ices, on the occasion of their Annual Chinese T.C. ROBERSON HIGH SCHOOL FUTURE Krystal Dorsey, a sophomore, didn’t have New Year Celebration. Founded in 1885, FARMERS OF AMERICA any community service experience a couple Gouverneur Healthcare Services has a rich of years ago. ‘‘After working on this Here in Asheville, a city of 60,000 people in and lengthy history of providing innovative the hills of western North Carolina, the project,’’ she says, ‘‘I started to realize how MANNA Food Bank feeds people in need important it is to do things for others, as healthcare services for New Yorkers and their across a 19-county area. They do their best well as how awesome it feels.’’ families. to keep food moving to soup kitchens, the el- Jessica Stouder, a junior, echoes those sen- In 1885, Gouverneur made history by be- derly, child daycare centers for families with timents: ‘‘It makes me glad to see that if coming America’s first public hospital to estab- low incomes and anywhere else where people students are working like this to help a lish a tuberculosis clinic. As a pioneer in have trouble putting food on the table. cause here in little Asheville, then think of the big difference we could make all over the healthcare, it was also the first institution to A few years ago, Lonnie Johnson, the employ a female physician on its ambulance Roberson FFA Chapter advisor, heard about country.’’ service as well as the first to set up day camp MANNA’s ‘‘Plant a Row for the Hungry’’ pro- f gram, where local citizens donate a portion on a boat for undernourished adults and chil- of their garden vegetables to the food bank. TRIBUTE TO NICK PINO dren. A century later, Gouverneur established Johnson recognized the opportunity and Project HELP, the first psychiatric mobile crisis pounced on it. ‘‘There are people in our com- HON. SCOTT McINNIS unit for homeless, mentally ill individuals. munity who have needs, and if we can help OF COLORADO These are just a few examples of meet those needs, then there’s a lot of learn- IN THE HOUSE OF REPRESENTATIVES Gouverneur’s ability to create innovative pro- ing that can go on.’’ Johnson says. Tuesday, February 11, 2003 grams to fulfill the needs of our community. BREAKING GROUND Gouverneur’s 210 bed Nursing Facility has Roberson FFA members quickly latched Mr. MCINNIS. Mr. Speaker, it is with great provided outstanding skilled nursing and reha- onto the project. For many, it’s a hands-on pride that I rise today to honor Nick Pino of bilitation care for over a quarter of a century. component for horticulture class. For others, Pueblo, Colorado for the selfless act of cour- it’s afterschool volunteerism. Care is provided in an ethnically and culturally age he displayed on November 8, 2002. sensitive manner, with special programs for Jacob Laughter, a junior who currently Nick’s quick actions, along with the efforts of serves as FFA chapter president, has been at Chinese and Hispanics. In addition, other students from Centennial High School, Roberson High since the project began. ‘‘I Gouverneur’s ambulatory care facility, with got to break ground for the beginning of our helped Edith Lichtenberg to safety after flames over 300,000 visits in FY 1998, is one of the garden with our new Troy-Bilt tiller. I was engulfed her home. city’s busiest. Among Gouverneur’s many no- On November 8, 2002, billowing smoke one also part of the seeding process, where we table services is the Diagnostic and Treatment dug small holes to plant our seeds.’’ block from Centennial High School prompted a Center, which is the largest in New York Senior Jenny Stove, the FFA chapter sec- group of students—Prince Speights, Clint State, providing more than 300,000 visits each retary, is just glad she has the opportunity Albrecht, Nick Pino, Kathy Ortiz, Linus Trujillo, year. The center focuses on maintaining pa- to be involved. ‘‘I think I love to work in the and Taylor Proctor—into action. Driving toward tient wellness through a wide range of out- garden more than all else,’’ she says. ‘‘Be- the smoke, the group quickly discovered the hind our greenhouse, we have corn that patient diagnostic and healthcare services in- bushes and trees in 86-year-old Edith grows mile-high, spinach that the local rab- cluding general medicine, pediatrics, gyne- Lichtenberg’s yard ablaze and used a cell bits eat, onions, collard greens cucumbers cology, obstetrics, HIV care, behavioral health, phone to contact emergency dispatchers. The and zucchini.’’ dentistry, podiatry, dermatology and an eye It’s fresh vegetables like these that are flames rapidly spread to the house and the clinic. considered delicacies at the food bank, where group moved swiftly to make sure no one was most of the food distributed is packaged in in the home. With the fire engulfing the front Gouverneur aims to reach all members of cans and boxes. ‘‘People really get excited of the house, the students jumped the locked the culturally and ethnically rich Manhattan when they get fresh produce,’’ Johnson says. fence around the backyard to warn anyone community. Special programs include the While this modest, one-third of an acre Asian Bicultural Unit, which provides psy- garden isn’t breaking any records for size, who might still be inside. Noticing the back door open and seeing Ms. Lichtenberg still in- chiatric services for members of the Asian everything from the garden is donated to the community, and the Roberto Clemente Center food bank. So far, the small parcel of ground side, they caught her attention and guided her has yielded hundreds of pounds of vegetables, outside away from the flames. Nick coura- and the Sylvia Del Villard Continuing Day and counting. geously assisted in getting Ms. Lichtenberg Treatment Program, which offer mental health Deborah Stines, a junior, likes the harvest out of the house, and the group moved her to programs designed to suit the needs of the best. ‘‘I enjoy working in the garden because safety. Latino community. I like to pick the vegetables and be able to The youths maintained their composure dur- Gouverneur’s attentive concern and dedica- say to myself, ‘Hey, I planted this, and it ing a time of adversity and conducted them- tion to a multi-cultural patient population have grew!’ ’’ When the time for harvest arrives, made it a leader in providing services to non- the FFA crew loads and drives the procedure selves in a fashion that has brought honor to to MANNA’s loading dock, where workers themselves, their families, their school, and English speaking patients. Gouverneur’s staff eight the load and give the students a re- the entire community of Pueblo. It is always is multilingual and is devoted to meeting each ceipt. heartening to see young Americans meet such patients’ individual needs. For example, IN THE NEWS an extraordinary circumstance successfully. Gouverneur’s nursing facility provides Chi- The chapter’s efforts haven’t gone unno- Courage like theirs strengthens and protects nese, English and Spanish menus, with an ticed. Editors at the Asheville Citizen-Times our communities everyday. emphasis on individual food preferences. caught wind of the FFA chapter’s project in Mr. Speaker, I am honored to rise today and Gouverneur’s multicultural services depart- July. In a lengthy editorial, they had this to recognize the heroic efforts of Nick Pino be- ment works diligently to ensure that each and say: ‘‘Kudos to Johnson and his students, fore this body of Congress and this nation. every patient feels comfortable while his or her who have pointed the way for other schools.’’ Nick’s quick actions, coupled with those of his healthcare needs are addressed. The depart- After this appeared in the newspaper, the fellow students, prevented a terrible fire from ment has members and volunteers that pro- phone in the agriculture shop started ring- ing. ending in great tragedy. Their selfless actions vide interpreting services in various lan- As a result of the editorial, people from the are an inspiration to us all, and it is an honor guages, and printed materials are available in school and the community called and wanted to represent such an outstanding group of English, Chinese and Spanish throughout the to visit the garden. ‘‘It just perked them up Americans in this Congress. facility. Gouverneur has also piloted TEMIS,

VerDate Jan 31 2003 02:57 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A11FE8.058 E12PT1 February 12, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E197 an award winning system that enables pa- these issues is a true testament to his dedica- County Probate Judge Fred V. Skok, who died tients and their providers to receive simulta- tion and passion for his work. His profes- January 10 after a brief illness. neous translation during exams through the sionalism will be missed, but his accomplish- Judge Skok left behind a beloved wife of 39 use of wireless technology. ments will remain. years, Linda; daughters Heidi Skok Thorp of As an active leader in the community, Again, I would like to congratulate Bob on Glenmont, NY, and Gretchen Skok DiSanto of Gouverneur hosted ‘‘Celebrate Better Hearing his career accomplishments and wish him the Concord Township; sons-in-law James Thorp and Speech Month’’ in May 2002. The event best of luck in his future endeavors. and Dino DiSanto, and two grandsons, Harry raised public awareness and offered free f Thorp and Hugh Thorp. A daughter, Christine speech and language screenings to children Marie Skok, and his parents, Victor and Mary IT IS TIME TO KEEP OUR PROMISE from a widely diverse community in their own (Shume) Skok, are deceased TO FILIPINO VETERANS OF native languages. As a result of the collabora- Judge Skok was a legal legend in Lake WORLD WAR II tion, many children were screened and ap- County. He was elected County Prosecutor in proximately 75% were flagged for possible 1960 and Probate Court Judge in 1972. He speech and language difficulties. HON. was set to retire this year after serving 30 In recognition of Gouverneur Healthcare OF CALIFORNIA years on the bench. He was a 1952 graduate Services’ outstanding contributions to the com- IN THE HOUSE OF REPRESENTATIVES of Princeton University and earned his law de- munity and their commitment to the quality of Tuesday, February 11, 2003 gree at the former Western Reserve University Law School in Cleveland. life of the diverse New York City community, Mr. FILNER. Mr. Speaker and colleagues, I I consider myself blessed to have known I ask that my colleagues join me in saluting rise today to ask for the support of my col- Judge Skok for many years, and I looked to Gouverneur Healthcare Services on the occa- leagues for H.R. 664, ‘‘The Health Care for him as a mentor while I served as County sion of their Annual Chinese New Year Cele- Filipino World War II Veterans Act.’’ Prosecutor before coming to Congress. Judge bration. Almost 60 years ago, President Franklin D. Skok was a quiet, scholarly man with a tre- f Roosevelt drafted the soldiers of the Phil- mendous wit and a voracious intellect. He was ippines into service in World War II, because revered in legal circles and doing the right TRIBUTE TO MR. ROBERT J. ‘‘BOB’’ the Philippine was a territory of the United LEWIS thing was second nature to him. States at that time. Fighting side-by-side with Judge Skok will also be remembered for his soldiers from the United States mainland, the great devotion to Lake Metroparks, and main- HON. GARY G. MILLER Filipino soldiers were instrumental in the suc- taining the environmental beauty of Lake OF CALIFORNIA cessful outcome of the war. However, shortly County. As a 30–year resident of Concord IN THE HOUSE OF REPRESENTATIVES after the war’s end in 1946, Congress passed Township, few things brought more pride to Tuesday, February 11, 2003 the Rescissions Act which took away prom- the judge than preserving the sprawling park ised benefits from many of the Filipino vet- space by his home and throughout the county. Mr. GARY MILLER of California. Mr. Speak- erans and declared that their service was The passing of Judge Skok brought great er, it is with great pleasure that I rise to honor deemed not to be service in the military forces sadness to those who knew him. On behalf of Mr. Robert J. ‘‘Bob’’ Lewis, Deputy Executive of the United States. the 14th Congressional District of Ohio, I Director for Federal Relations of the National We owe not only a debt of gratitude to share my heartfelt condolences with his family. Association of Water Companies (NAWC). these brave veterans, but we owe them rec- f Bob retired January 10, 2003. Bob has had a ognition as veterans of the United States mili- very distinguished career providing over 32 tary. And we owe them the benefits they were IN RECOGNITION OF THE years of leadership and direction in govern- promised! Now in their 70s and 80s, they are PANPAPHIAN ASSOCIATION OF ment and association service. in desperate need of health care, and approxi- AMERICA Bob has a Juris Doctorate from the Univer- mately five veterans are dying each day. sity of Michigan Law School and is a member I have introduced, H.R. 664, with a number HON. CAROLYN B. MALONEY of the D.C. and Michigan Bar Associations. of original co-sponsors from both parties, in- OF NEW YORK Bob started his career in D.C. as a Legislative cluding Congressmembers SIMMONS, EVANS, IN THE HOUSE OF REPRESENTATIVES Assistant for Senator Robert P. Griffin (R–MI). CUNNINGHAM, PELOSI, ISSA, ROHRABACHER, Tuesday, February 11, 2003 He then went on to serve as a Staff Assistant ABERCROMBIE, MILLENDER-MCDONALD, TIAHRT, Mrs. MALONEY. Mr. Speaker, I would like to President Nixon on the White House Do- LOFGREN, AND SCOTT. This bill would provide to pay tribute to the Panpaphian Association mestic Council; General Counsel of the Fed- access to VA medical facilities for the Filipino of America, Inc., on the occasion of the Fourth veterans who are now living in the United eral Trade Commission; partner at Ballard, Evagoras Pallikarides Award of Merit. An out- States and would restore the designation of Spahr, Andrews & Ingersoll; Vice President for standing organization established in 1987, the the Pharmaceutical Manufactures Association; veteran to these brave men. The Secretary of Veterans Affairs, Anthony Panpaphian Association has enriched its com- Senior Vice President for Federal Relations at munity through its promotion of the rich culture the Tobacco Institute and Vice President for Principi, testified in a June 13, 2002 hearing before the VA Health Subcommittee in support of Cyprus. Public Affairs at the Generic Pharmaceutical Founded by a small group of Cypriot Ameri- of H.R. 4904, the version of this bill in the Industry Association. Bob and his wife, Mar- cans of Panpaphian ancestry, the Panpaphian 107th session. The House of Representatives garet, have two children and two grand- Association of America has grown consider- passed these health care benefits on July 22, children. ably in the past two decades. It has played a During his time at NAWC, Bob was respon- 2002 but they were unable to get passed by significant role in educating others about Cy- sible for developing and implementing the Senate before adjournment of last year’s prus and it history, traditions, and customs. NAWC’s Federal government relations strat- session. Senator INOUYE has reintroduced a The Panpaphian Association’s contributions to egy including both legislative and regulatory similar bill in the 108th session in the Senate the community include a choir and a soccer activities. As a senior manager, Bob also saw (S. 68). team, as well as various educational lectures There is overwhelming support for H.R. 664. to the day-to-day operations of the associa- on Paphian archaeological excavations and We must quickly pass this bill to begin the tion. Bob’s dedication to these duties was a their findings. Originally a small community or- process of restoring benefits that are deserved true asset to NAWC as well to those who ganization, the Panpaphian Association pros- worked directly with him. His honesty, fairness by the Filipino World War II veterans. pered remarkably and has developed into a and integrity are of the highest caliber and, his f pillar of the Cypriot American community. concern for others is genuine. Bob completes IN MEMORY OF THE HON. FRED V. In addition to supporting Cyprus and in- his tenure at NAWC as the instrumental figure SKOK creasing awareness of Cypriot heritage, the in carrying out the strategies that led to many association is involved in motivating and aid- important victories for the association and its HON. STEVEN C. LaTOURETTE ing its community in various ways. It promotes members. and stresses the importance of education OF OHIO Since my arrival in Washington, I have had through its annual academic excellence IN THE HOUSE OF REPRESENTATIVES the privilege of working with Bob in developing awards. Further, the association has made a legislation that will help local water companies Tuesday, February 11, 2003 major effort in fundraising for those who re- continue to provide clean, affordable drinking Mr. LaTOURETTE. Mr. Speaker, I recently quire medical attention, and it has made help- water. His effectiveness as an advocate on lost a dear friend and revered colleague, Lake ful donations to Paphos Hospital.

VerDate Jan 31 2003 02:57 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A11FE8.061 E12PT1 E198 CONGRESSIONAL RECORD — Extensions of Remarks February 12, 2003 In 1999, the Panpaphian Association estab- and Taylor Proctor—into action. Driving toward the South Florida community is very proud of lished the Evagoras Pallikarides award, hon- the smoke, the group quickly discovered the Tonya Mitchell. Clearly seen through the dedi- oring the memory of Pallikarides, a Cypriot bushes and trees in 86-year-old Edith cation she has in her work and through her hero who was killed in 1956 while fighting for Lichtenberg’s yard ablaze and used a cell extraordinarily bold composure, she is truly a his country’s freedom. Dennis C. Droushiotis, phone to contact emergency dispatchers. The hero and a role model to us all. the Trade Commissioner of the Republic of flames rapidly spread to the house and the f Cyprus, has been selected as the honored re- group moved swiftly to make sure no one was cipient of the 2003 Evagoras Pallikarides in the home. With the fire engulfing the front PERSONAL EXPLANATION Award of Merit. of the house, the students jumped the locked Among his many accomplishments are the fence around the backyard to warn anyone HON. KEVIN BRADY establishment of the first Cyprus Trade Center who might still be inside. Noticing the back OF TEXAS in the United States and the implementation of door open and seeing Ms. Lichtenberg still in- IN THE HOUSE OF REPRESENTATIVES many successful exports and investments pro- side, they caught her attention and guided her Tuesday, February 11, 2003 grams, leading to the exponential growth of outside away from the flames. Linus coura- Cypriot exports to the U.S. The Trade Center’s geously assisted in getting Ms. Lichtenberg Mr. BRADY of Texas. Mr. Speaker, I regret bilateral initiatives were a crucial factor in the out of the house, and the group moved her to that I missed roll call votes 18 and 19 on Feb- United States becoming the main exporter to safety. ruary 5, 2003. 1 was on my way to attend the Cyprus and the growth of two-way trade. The youths maintained their composure dur- funeral for a family member who passed away Mr. Droushiotis is also the founding member ing a time of adversity and conducted them- earlier in the week. Had I been present, I of the Cyprus-U.S. Chamber of Commerce, in- selves in a fashion that has brought honor to would have voted ‘‘no’’ on the Motion to Re- augurated in 1998 by President Glafcos themselves, their families, their school, and commit H.J. Res. 18 and voted ‘‘yes’’ on H. Clerides and Minister Nicos Rolandis. He has the entire community of Pueblo. It is always Res. 51, expressing the House of Representa- served as a delegate to the World Trade Or- heartening to see young Americans meet such tives condolences to the families and crew of ganization, the United Nation 33rd and 37th an extraordinary circumstance successfully. the Space Shuttle Columbia. General Assembly Sessions, and other such Courage like theirs strengthens and protects f prestigious gatherings. His many civic involve- our communities everyday. CONGRATULATIONS TO CITRUS ments include work with the European Travel Mr. Speaker, I am honored to rise today and GIRL SCOUT TROOP 378 Commission, the Cyprus Olympic Committee, recognize the heroic efforts of Linus Trujillo and the Cyprus Children’s Fund. before this body of Congress and this nation. Throughout his life, Mr. Droushiotis has Linus’ quick actions, coupled with those of his HON. GINNY BROWN-WAITE been committed to the cause of justice, peace, fellow students, prevented a terrible fire from OF FLORIDA and prosperity for Cyprus. He has been hon- ending in great tragedy. Their selfless actions IN THE HOUSE OF REPRESENTATIVES ored by the Cyprus Chamber of Commerce, are an inspiration to us all, and it is an honor Tuesday, February 11, 2003 and in 2000, he received the Ellis Island to represent such an outstanding group of Medal of Honor for his work in international Americans in this Congress. Ms. GINNY BROWN-WAITE of Florida. Mr. Speaker, I rise today to congratulate the Heart trade. As an individual who has contributed f greatly not only to his nation but to both the of Florida Girl Scout Troop 378 in Citrus Cypriot and Cypriot American communities, he HONORING TONYA MITCHELL: A County, Florida for their service to the Com- is truly worthy of the Evagoras Pallikarides HEROIC PUBLIC SERVANT munity and to the people of my district. Award. The troop recently learned about the impor- The organization has also chosen Charles HON. KENDRICK B. MEEK tance of voting and about the functions of Socrates as 2003 Member of the Year. Mr. OF FLORIDA American government as part of the ‘I-Count’ Socrates, who originates from a small village IN THE HOUSE OF REPRESENTATIVES Voter Education program and each Troop Member participating in the program received in Cyprus, immigrated to the United States Tuesday, February 11, 2003 and, despite limited resources, developed a a patch upon completion. successful career while establishing an exten- Mr. MEEK of Florida. Mr. Speaker, I rise to Mr. Speaker, as you may know, those in the sive network of family and friends. The honor one of Florida’s heroes, Tonya Mitchell. Girl Scout program measure their accomplish- Panpaphian Association honors Mr. Socrates Tonya Mitchell, a valiant public servant, was ments and award merit based on the number today for his hard work and pride in his eth- abducted on January 31, 2003, while driving a of patches they accumulate. As part of earning nicity. mail truck across northwest Miami-Dade this patch, the girls studied intently and lis- In recognition of the Panpaphian Associa- County. Tonya Mitchell, extraordinarily com- tened to a speech I gave about the impor- tion of America’s many contributions for the posed, drove throughout Miami North-Dade tance of voting—and how one vote can be the Cypriot American community, I ask my col- and Broward Counties at gunpoint while doz- deciding factor in some instances. leagues to join me in saluting this organization ens of patrol cars and news choppers fol- It was when I spoke to the girls and had the and all of tonight’s honorees on the fourth an- lowed. For five terrifying hours, including a chance to meet them and hear about all they’d niversary of their annual Evagoras Pallikarides two-hour standoff, Tonya Mitchell, unlike most done in the community that I realized the tre- Award of Merit. people facing a life or death situation, main- mendous amount of work they’d done and tained a remarkably calm demeanor until she their intense dedication to the Girls Scout pro- f was finally released to safety. gram. TRIBUTE TO LINUS TRUJILLO Tonya Mitchell, a 32–year-old mother of two Mr. Speaker, let me briefly mention just a from Miramar, Florida, is an example of true few of the things this group of girls has done HON. SCOTT McINNIS courage. The target of a very dangerous situa- throughout their years of involvement with this OF COLORADO tion, she overcame fear and convinced her ab- program. IN THE HOUSE OF REPRESENTATIVES ductor, after the two-hour standoff, not to com- As Daisies the girls learned to do crafts and mit suicide. Because of her committed faith, learned the Girl Scout promise. They went on Tuesday, February 11, 2003 she persuaded a man who put her life in campouts, marched in parades and sang at Mr. MCINNIS. Mr. Speaker, it is with great grave danger to turn himself in to the authori- Surry Place Nursing home. pride that I rise today to honor Linus Trujillo of ties. Tonya Mitchell, a deeply religious woman, As Brownies, the troop went to nursing Pueblo, Colorado for the selfless act of cour- is not only a survivor, but a model of bravery. homes to sing, volunteered at various events age he displayed on November 8, 2002. Linus’ United States postal employees have a visi- and continued to appear in local parades. quick actions, along with the efforts of other ble presence in our community. My district, As Juniors, they collected old, unused cell students from Centennial High School, helped and districts across our country, function more phones to benefit battered women, helped at Edith Lichtenberg to safety after flames en- effectively because of their invaluable work. the local ‘‘Relay for Life,’’ which benefits the gulfed her home. Tonya Mitchell is a three-year veteran of the American Cancer Society, and presented the On November 8, 2002, billowing smoke one postal service who often fills in on her col- local volunteer firefighters with cookies to block from Centennial High School prompted a league’s routes. She is a devotee to her com- thank them for their work in the community. group of students—Prince Speights, Clint munity and as seen through last week’s expe- Now that the girls are Cadets they are still Albrecht, Nick Pino, Kathy Ortiz, Linus Trujillo, rience, a devotee to human kind. Mr. Speaker, collecting cell phones and will be continuing

VerDate Jan 31 2003 02:57 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A11FE8.065 E12PT1 February 12, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E199 their involvement in the ‘‘Relay for Life’’ pro- IN SUPPORT OF MR. ESTRADA ment to run their Medicaid program also in fis- gram. This past Holiday Season they ‘‘Gift cal year 2000. Adopted’’ a local under-privileged girl, and do- HON. ILEANA ROS-LEHTINEN Mr. Speaker, this is my fourth term as a nated money and new gifts to make her OF FLORIDA member of the House of Representatives. Christmas brighter. IN THE HOUSE OF REPRESENTATIVES Every year I have been here, fighting to elimi- nate the cap on Medicaid for the insular areas Currently they are saving the proceeds from Tuesday, February 11, 2003 the sale of their Girl Scout cookies for a trip has never been far from my focus. to Savanna, Georgia to see where Juliette Ms. ILEANA ROS-LEHTINEN. Mr. Speaker, Since becoming Chair of the Congressional Gordon Low, the Girl Scout founder, was born. today I rise in support of a fellow member of Black Caucus Health Braintrust, I have gar- the Hispanic community and nominee to the nered the support of my fellow Caucus mem- Amber Auth, Nicole Bruno, Melissa U.S. Court of Appeals for the D.C. Circuit, bers in calling attention to this problem and Fonczak, Emily Stanton, Rebecca Rose, Kim- Miguel Estrada. have made lifting the Medicaid cap for the off- berly Carbonari, Rebecca Morse, along with Mr. Estrada personifies the success and shore areas a central item in the CBC’s over- troop leader Mimi Rose and assistant troop achievement of our beloved community. His all health care agenda. I thank my colleagues leader Nora Auth, deserve to be commended legal expertise will add a profound dimension for the support they have given me on this for their service and dedication, I am proud to to the court that is considered to be precursor issue. have them as my constituents and am hon- to the Supreme Court. As an attorney, he has In 1997, we were successful with the help of ored to be their representation in Congress. argued 15 cases before the U.S. Supreme the previous administration to secure impor- Court, and has tried 10 cases as a prosecutor tant increases in our cap for which we were f for the Southern District of New York. grateful but that was almost five years ago A native of Honduras, Miguel Estrada is an and the problems have gotten worse not bet- TRIBUTE TO KATHY ORTIZ American success story. During his first years ter. in the U.S., Mr. Estrada spoke virtually no It is time that our country ends this inequity English. His commitment to education and im- and, in this one area—health care—treat all HON. SCOTT McINNIS provement of the individual is demonstrated by Americans alike, whether they live in a state OF COLORADO the excellence of his academic record. As a or not. We must end the practice of residents IN THE HOUSE OF REPRESENTATIVES graduate of Columbia College, where he grad- of the territories and commonwealths having uated Phi Beta Kappa, and Harvard Law, to leave their homes to seek more and better Tuesday, February 11, 2003 Miguel Estrada’s legal experience exceeds health care services on the mainland, often that of the average nominee. splitting-up families all because our Medicaid Mr. MCINNIS. Mr. Speaker, it is with great If confirmed, Miguel Estrada would be the program is under-funded and our local govern- pride that I rise today to honor Kathy Ortiz of first Hispanic judge to serve on the court. ments can’t afford to pay the difference. Pueblo, Colorado for the selfless act of cour- President Bush served the Hispanic commu- Mr. Speaker President Bush recently an- age she displayed on November 8, 2002. nity well by nominating a man of such char- nounced a proposal to modify and improve the Kathy’s quick actions, along with the efforts of acter and devotion to the Constitution. way Medicaid works in the states. My col- other students from Centennial High School, Mr. Speaker, Miguel Estrada has my full leagues from the off-shore areas and I look helped Edith Lichtenberg to safety after flames support and best wishes on his nomination. forward to working with the President, Health engulfed her home. f and Human Services Secretary Tommy On November 8, 2002, billowing smoke one Thompson as well as every member of this ELIMINATION OF CAP ON MED- block from Centennial High School prompted a body to impress upon all of you the urgent ICAID PAYMENTS TO THE U.S. group of students—Prince Speights, Clint need to end this unequal treatment of health TERRITORIES AND COMMON- Albrecht, Nick Pino, Kathy Ortiz, Linus Trujillo, care funding for the American citizens living in WEALTHS and Taylor Proctor—into action. Driving toward the territories and Commonwealths. the smoke, the group quickly discovered the I urge my colleagues to join my cosponsors bushes and trees in 86-year-old Edith HON. DONNA M. CHRISTENSEN and I in supporting this bill. All Americans de- Lichtenberg’s yard ablaze and used a cell OF THE VIRGIN ISLANDS serve the same health care program that their phone to contact emergency dispatchers. The IN THE HOUSE OF REPRESENTATIVES government provides, regardless of where in flames rapidly spread to the house and the Tuesday, February 11, 2003 the country they happen to live. group moved swiftly to make sure no one was in the home. With the fire engulfing the front Mrs. CHRISTENSEN. Mr. Speaker, I rise f today to re-introduce legislation which con- of the house, the students jumped the locked TRIBUTE TO CLINT ALBRECHT fence around the backyard to warn anyone tinues to be the highest health care priority for who might still be inside. Noticing the back the more than 4 million residents of our coun- door open and seeing Ms. Lichtenberg still in- try’s off-shore areas—the elimination of the HON. SCOTT McINNIS side, they caught her attention and guided her cap on Medicaid payments to the U.S. Terri- OF COLORADO outside away from the flames. Kathy coura- tories and Commonwealths. IN THE HOUSE OF REPRESENTATIVES Mr. Speaker and my colleagues, it saddens geously assisted in getting Ms. Lichtenberg Tuesday, February 11, 2003 out of the house, and the group moved her to me as a physician, to report to you once again safety. that our fellow indigent Americans living in Mr. MCINNIS. Mr. Speaker, it is with great American Samoa, Guam, Puerto Rico and the pride that I rise today to honor Clint Albrecht The youths maintained their composure dur- Virgin Islands who qualify for Medicaid, re- of Pueblo, Colorado for the selfless act of ing a time of adversity and conducted them- ceive less than adequate health care because courage he displayed on November 8, 2002. selves in a fashion that has brought honor to the amount of federal Medicaid dollars we re- Clint’s quick actions, along with the efforts of themselves, their families, their school, and ceive falls far short of meeting their needs. other students from Centennial High School, the entire community of Pueblo. It is always Because we face depressed economies with helped Edith Lichtenberg to safety after flames heartening to see young Americans meet such high unemployment rates, as well as, a grow- engulfed her home. an extraordinary circumstance successfully. ing indigent population, the ever-increasing On November 8, 2002, billowing smoke one Courage like theirs strengthens and protects cost of health care coupled with the federal block from Centennial High School prompted a our communities everyday. cap means that our local governments have to group of students—Prince Speights, Clint Mr. Speaker, I am honored to rise today and bear a significantly greater cost of the Med- Albrecht, Nick Pino, Kathy Ortiz, Linus Trujillo, recognize the heroic efforts of Kathy Ortiz be- icaid program than their counterparts in the and Taylor Proctor—into action. Driving toward fore this body of Congress and this nation. states. This means, that for the bare bones the smoke, the group quickly discovered the Kathy’s quick actions, coupled with those of Medicaid program in the Virgin Islands, the bushes and trees in 86-year-old Edith her fellow students, prevented a terrible fire federal government contributed only $5.59 mil- Lichtenberg’s yard ablaze and used a cell from ending in great tragedy. Their selfless ac- lion of the $14,394 in fiscal year 2000 total phone to contact emergency dispatchers. The tions are an inspiration to us all, and it is an cost of the program. In Guam, the local gov- flames rapidly spread to the house and the honor to represent such an outstanding group ernment spent three times more than the $5.4 group moved swiftly to make sure no one was of Americans in this Congress. million they received from the federal govern- in the home. With the fire engulfing the front

VerDate Jan 31 2003 02:57 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\A11FE8.068 E12PT1 E200 CONGRESSIONAL RECORD — Extensions of Remarks February 12, 2003 of the house, the students jumped the locked local leaders in the clergy, government and day’s global economy, it is no wonder more fence around the backyard to warn anyone private-sector who are alumni of the Catholic than 500 schools overseas have Joined the who might still be inside. Noticing the back schools. I am confident the influence of the 797 SIFE chapters nationwide. As the Journal door open and seeing Ms. Lichtenberg still in- Catholic schools will produce Guam’s leaders article detailed, SIFE allows students to put side, they caught her attention and guided her of tomorrow. their untested business skills through rigorous outside away from the flames. Clint coura- I would now like to recognize and commend opportunities like teaching school children geously assisted in getting Ms. Lichtenberg the Catholic schools on Guam for their com- about business concepts and going overseas out of the house, and the group moved her to mitment to instilling the principles of academic to teach remote villages about the prosperity safety. knowledge and sound moral values in the of free enterprise. The youths maintained their composure dur- daily lives of our children. Those offering a In keeping with the goal of acclimating stu- ing a time of adversity and conducted them- secondary curriculum include: the Notre Dame dents to the real business world, the SIFE selves in a fashion that has brought honor to High School in Talofofo, Father Duenas Me- chapter at my own alma mater, Southwest themselves, their families, their school, and morial School in Tai, and Academy of Our Baptist University, has held events such as re- the entire community of Pueblo. It is always Lady of Guam in Hagatna. Additionally, those sume workshops, financial planning seminars heartening to see young Americans meet such offering an elementary and middle school edu- and mentoring programs. More than two dec- an extraordinary circumstance successfully. cation include: Bishop Baumgartener Memorial ades ago, ‘‘March Mania’’ was created to Courage like theirs strengthens and protects School in Sinajana, Our Lady of Mount Carmel teach public school children about free enter- our communities everyday. School in Agat, St. Anthony School in prise. SIFE team members teach the students Mr. Speaker, I am honored to rise today and Tamuning, Saint Francis School in Yona, San lessons about supply and demand, inter- recognize the heroic efforts of Clint Albrecht Vicente School in Barrigada, and Santa Bar- national trade and consumer behavior. These before this body of Congress and this nation. bara School in Dededo. Finally, those offering experiences, coupled with the business com- Clint’s quick actions, coupled with those of his a nursery school education include: the Do- petitions and training opportunities, not only fellow students, prevented a terrible fire from minican Child Care Development Center in teach young adults necessary business prin- ending in great tragedy. Their selfless actions Sinajana, Infant of Prague in Tai, Maria Artero ciples, but also demonstrate the importance of are an inspiration to us all, and it is an honor in Hagatna, and Mercy Heights in Tamuning. mentoring the next generation of business pro- to represent such an outstanding group of I would also like to recognize the School fessionals. Americans in this Congress. Sisters of Notre Dame, Sisters of Mercy, Do- Mr. Speaker, I’m proud of the investment f minican Sisters, the religious orders of Capu- SIFE continues to make in young people, and chins, Franciscans, Jesuits and Marists for HONORING THE CONTRIBUTIONS I’m proud they Join me in calling Missouri’s their service in educating the children of 7th Congressional District home. OF CATHOLIC SCHOOLS Guam. I would also like to commend the Arch- diocese of Hagatna under the leadership of HON. MADELEINE Z. BORDALLO Archbishop Apuron for its guidance in adminis- f OF GUAM trating the Catholic Schools on Guam. TRIBUTE TO DAR EMME IN THE HOUSE OF REPRESENTATIVES Finally, I want commend all the students, Tuesday, February 11, 2003 parents, teachers and administrators of Catho- lic schools in Guam and across the nation for HON. SCOTT McINNIS Ms. BORDALLO. Mr. Speaker, I rise today their contributions to our nation and our world. in support of House Resolution 26, honoring OF COLORADO f the contributions of Catholic schools to the IN THE HOUSE OF REPRESENTATIVES academic and moral education of children on STUDENTS IN FREE ENTERPRISE Tuesday, February 11, 2003 Guam and throughout our nation. I would like (SIFE) to take the opportunity to thank Mr. VITTER for Mr. MCINNIS. Mr. Speaker, it is with a great continuing the important role played by Catho- HON. ROY BLUNT sense of respect that I honor Mrs. Dar Emme. lic Schools here in the 108th congress. Through her efforts of suicide prevention, Mrs. The tradition of Roman Catholicism on OF MISSOURI Emme has helped countless Colorado youth. Guam dates back to the arrival of Ferdinand IN THE HOUSE OF REPRESENTATIVES In 1994, after Dar and her husband Dale’s Magellan in 1521. The island eventually be- Tuesday, February 11, 2003 lives were personally touched by suicide, they came an important stop along the Spanish created the Yellow Ribbon Program. Since Galleon Trade Route. Mr. BLUNT. Mr. Speaker, I rise today to rec- then, they have firmly committed themselves In 1668, Padre Diego Luis de San Vitores ognize the commendable work of the Students to stopping others from taking their own lives. and his missionaries brought Christianity to in Free Enterprise or SIFE. This international Dar currently volunteers more than fifty hours the people of Guam. They established a mis- nonprofit organization, headquartered in a week with the program, traveling all over the sion in village of Hagatna which later became Springfield, Missouri, was highlighted in a Wall country and speaking to students about sui- the site of the first Catholic Church and is now Street Journal article on January 14, 2003, by cide prevention. She encourages students to the seat of the Archdiocese of Guam. Carol Hymowitz titled, ‘‘Independent Program start their own chapters of the Yellow Ribbon From these seeds, the Catholic faith on Puts College Students On Leadership Paths.’’ Program, which will take calls and emails from Guam has flourished and with it, faith-based SIFE has been championing our free market students and parents regarding suicide. Dar institutions such as the Catholic School sys- system and changing the outlook of promising believes that enabling students to run their tem have likewise thrived. Today, in one of the young business professionals and entre- own programs facilitates leadership, and will clearest manifestations of this tradition, nearly preneurs for nearly a quarter century. Mis- make the programs stronger. a quarter of Guamanian school children attend souri’s 7th Congressional District is not only Catholic schools throughout the Island. the home of Drury University, 2001 National The Yellow Ribbon Program currently em- In the modem era, Bishop Apollinaris SIFE Champion, but eight other preeminent ploys six people. They send kits worldwide Baumgartner established the foundations of SIFE chapters. and answer emails and letters from parents Guam’s Catholic Schools. Guam’s first As a former university president and teach- and youth regarding suicide prevention. This Chamorro Bishop, Archbishop Felixberto C. er, I have seen firsthand the practical work ex- program has been of great importance in the Flores, made Catholic education a priority and perience and self confidence collegians gain lives of many people; since its inception, the instilled a tremendous pride in the academic from SIFE’s leadership training and business program has received more than 2,500 letters and moral education provided by the Catholic competitions. These regional, national and from children saying that the program saved schools. His successor, Archbishop Anthony international peer contests simulate the com- their life. S. Apuron has continued the tradition of excel- petitive nature of today’s business environ- Mr. Speaker, it is with privilege that I recog- lence that has been the standard of the ment while creating a risk-free learning atmos- nize Dar Emme before this body Congress Catholic Schools in Guam. phere for the students. and this nation today. Mrs. Emme’s efforts to The contribution of the Catholic school sys- SIFE teaches college students that they help those at risk for suicide have been im- tem to the people of Guam is reflected in our have the potential to change the world. In to- measurably beneficial in the lives of many.

VerDate Jan 31 2003 02:57 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00014 Fmt 0626 Sfmt 0634 E:\CR\FM\K11FE8.004 E12PT1 February 12, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E201 INTRODUCTION OF CONCURRENT mous entities such as the Office of Hawaiian assimilate while preserving their important cul- RESOLUTION TO ESTABLISH NA- Affairs and private entities like the Kameha- tural heritage. She believes that it is important TIONAL INVENTOR’S DAY meha Schools have all been devoted to the for people to assimilate into society, but with- same ends. out losing their cultural identity. By working HON. LAMAR S. SMITH In more recent years, the Congress and Ex- with individual families she is able to help OF TEXAS ecutive Branch have undertaken further efforts them in applying for jobs, obtaining drivers li- to improve the conditions and clarify the polit- IN THE HOUSE OF REPRESENTATIVES censes, enrolling their children in school, and ical status of Native Hawaiians. Most notably, countless other tasks that are simply impos- Tuesday, February 11, 2003 the enactment in 1993 of the Apology Resolu- sible without an understanding of English. Mr. SMITH of Texas. Mr. Speaker, today I tion (P.L. 103–150), which received bi-partisan Over the past twenty years, she has volun- introduced a measure to establish National In- support in the House and Senate and was teered and worked with more than twenty dif- ventor’s Day as February 11th. signed by President Bill Clinton, expressed a ferent organizations that serve the Hispanic Invention has been a part of our country national commitment to reconciliation efforts community of Colorado. Anita currently owns a since it was founded. In fact, today is the between Native Hawaiians and the federal Mexican western store, promotes her hus- birthday of Thomas Edison, who was a great government. band’s mariachi band, and directs children’s inventor and held over 2,000 patents. He is In 2000, the Departments of Interior and theater for her nonprofit organization Teatro probably best known for having invented the Justice issued a reconciliation report which Latino de Colorado. was a culmination of efforts undertaken by the light bulb, the motion picture camera, and the Mr. Speaker, it is with great privilege that I departments in their consultations with Native phonograph. He also discovered incandescent recognize Anita Arrieta-Alejandre before this Hawaiians on a broad range of issues. In light and invented the electric miner’s lamp. body Congress and this nation today. Her complementary efforts, Presidents Clinton and Edison’s inventive genius is reflected in strong and compassionate actions have George W. Bush also addressed the needs of many of our other great inventors. Other helped her community and given people an Native Hawaiians in the White House Initiative American inventions include everyday items opportunity to create a life for themselves. such as scotch tape, the cell phone, and the on Asian Americans and Pacific Islanders, es- sewing machine to technological marvels like tablished by executive orders to increase fed- f the first microprocessor. eral opportunities for and improve the quality I would like to celebrate the inventors of our of life in these communities. TRIBUTE TO KIMBERLY CANNEDY great country with this resolution. Federal recognition legislation was a top pri- f ority recommendation of these efforts. Its in- tent was and remains to confirm that a federal LEGISLATION PROVIDING FOR policy of self-determination toward Native Ha- HON. SCOTT McINNIS FEDERAL RECOGNITION OF NA- waiians is appropriate and should be further OF COLORADO TIVE HAWAIIANS memorialized. IN THE HOUSE OF REPRESENTATIVES As a result, federal recognition is Hawaii’s HON. ED CASE singe highest priority in our federal efforts. Not Tuesday, February 11, 2003 OF HAWAII only is it the natural next step in a long proc- Mr. MCINNIS. Mr. Speaker, it is with a great IN THE HOUSE OF REPRESENTATIVES ess of reconciliation for Native Hawaiians, but it is indispensable and necessary to the con- sense of pride that I honor Mrs. Kimberly Tuesday, February 11, 2003 tinuation of Hawaii as we know it. Cannedy of Denver, Colorado for her work Mr. CASE. Mr. Speaker, I am honored to That Hawaii cannot exist without the survival with the youth of my state. She has devoted cosponsor legislation introduced by my friend and prosperity of our indigenous people and countless hours to helping children of Western and colleague from Hawaii, Mr. ABERCROMBIE, culture. Federal recognition is the only prac- Colorado, and has committed her life to mak- which affirms the longstanding, political rela- tical way to assure the long term viability of ing a difference. tionship between the indigenous people of my the current and future programs and entities Mrs. Kimberly Cannedy was born in Denver, state and our federal government and extends which provide for that culture’s survival. In Colorado, where over twenty years ago she the time-honored federal policy of self-deter- both ways, then, we all have a huge stake in gave up her high-powered position with Rolls mination for indigenous peoples under U.S. ju- federal recognition. Royce Motors. With this, Kimberly began what risdiction to Native Hawaiians. The bill pro- Thank you, Mr. Speaker. she considers the most important work of all: vides for federal recognition of Native Hawai- f being a mother. Her work does not stop with ians, establishes an Office for Native Hawaiian TRIBUTE TO ANITA ARRIETA- her own family, but rather it extends into her Relations in the Department of Interior, and ALEJANDRE community. She has opened her doors to nu- creates a federal interagency group to better merous foster children over the past ten years. coordinate policies and programs that address HON. SCOTT McINNIS Kimberly, along with her husband of twenty- Native Hawaiians. one years, recently adopted four young girls, Most Americans are very familiar with the OF COLORADO IN THE HOUSE OF REPRESENTATIVES and are currently in the process of adopting indigenous peoples of the continental United another. Her growing family includes three Tuesday, February 11, 2003 States and the State of Alaska—American In- children of her own, all between the ages of dians and Alaska Natives. But, because of Ha- Mr. MCINNIS. Mr. Speaker, it is with a great 15 and 19. In addition to being a foster care waii’s geographical distance from the U.S. sense of pride that I honor Mrs. Anita Arrieta- provider, Kimberly has assisted many young mainland and our unique history with the Alejandre for helping the Spanish speaking mothers by teaching classes on parenting and United States, most overlook the fact that an community of Denver, Colorado. She has opening her home to those in need of any ad- equally indigenous people of our great coun- dedicated herself to preserving and enriching ditional help. try—Native Hawaiians—originated and retains the lives of the people in her community every Kimberly believes that if her work reaches their base in today’s Hawaii. day. U.S. interests in the Hawaiian Islands and Anita is a Colorado native who grew up on and improves the life of one mother or one contact with Native Hawaiians date back to a farm in Southern Colorado where she child, then it is enough. However, her compas- the late 1700s. Throughout that period, the worked in the fields with her family. She was sionate work has reached many mothers and federal government has maintained a unique determined to graduate from high school with children alike, and her personal philosophy of relationship with Native Hawaiians—a relation- Honors, and she did—through all four years. helping people through difficult times has ship that was reaffirmed when Hawaii became After graduating from high school, Anita joined reached into and improved the lives of innu- a territory in 1900 and a state in 1959, and the Navy. Now, she is a mother of eight and merable people whom she has encouraged has continued through today. a grandmother of twelve. Her Mexican herit- and helped throughout the years. Over those years, more than 160 federal age is a great source of pride for her. For that Mr. Speaker, it is with great privilege that I statutes have enacted programs to address reason, Anita has dedicated her life to serving recognize Mrs. Kimberly Cannedy before this the conditions of Native Hawaiians in areas her community, and sharing its rich cultural body of Congress and this nation today. such as Hawaiian homelands, health, edu- traditions with others. Through her caring actions she demonstrates cation, and economic development. And in Mrs. Arrieta-Alejandre is dedicated to help- to us all what it means to be a caring and sup- Hawaii, efforts by the state and quasi-autono- ing the Spanish-speaking population of Denver portive individual.

VerDate Jan 31 2003 02:57 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00015 Fmt 0626 Sfmt 0634 E:\CR\FM\A11FE8.073 E12PT1 E202 CONGRESSIONAL RECORD — Extensions of Remarks February 12, 2003 TRIBUTE TO MAREE CHAVEZ them for many years, Maree’s fundraising ef- let, from gang crossfire. Broderick made a mi- forts have not stopped, they have gotten raculous recovery in three months. Her ability HON. SCOTT McINNIS stronger. This last summer she raised $3,000 to overcome her shock and sorrow, and in re- when she ran in the Marine Corps Marathon. sponse, make a difference in the lives of oth- OF COLORADO All of Maree’s hard work to help others comes ers, is truly commendable. IN THE HOUSE OF REPRESENTATIVES from her strong and kind spirit, which will con- Ollie’s response to this tragedy was admi- Tuesday, February 11, 2003 tinue to help the people of her community. rable, as she became highly involved in the Mr. MCINNIS. Mr. Speaker, it is with a great Mr. Speaker, it is with privilege that I recog- Denver Safe City Program. This program was sense of honor that I rise to pay tribute to nize Maree Chavez before this body of Con- designed to keep children off the streets and Maree Chavez. Maree has donated countless gress and this nation today. Her efforts to help involve them in extracurricular activities, which hours to helping women with cancer in Colo- the women of her community have restored contribute to the well-being of these juveniles. rado. their self-image and provided something much Ollie’s active involvement and energy in this As a child growing up in Colorado, Maree more important, their self-esteem. issue created new policies to protect and en- felt like she needed to give back. As she f rich the lives of the children of Denver. As a began her career as a hair stylist, Maree orga- single mother, her efforts and success in cre- nized fundraisers and spent many hours in TRIBUTE TO OLLIE MARIE ating positive change within the community Craig Hospital cutting the hair of patients who PHASON are to be greatly commended. In addition to were unable to move. When Maree met a her involvement with the Denver Safe City young child who had bone cancer, she was in- HON. SCOTT McINNIS Program, Ollie currently owns a small pedicure spired to volunteer for the American Cancer OF COLORADO and foot massage business, Marie for Feet, to supplement her income. Society. Maree, along with friends and staff, IN THE HOUSE OF REPRESENTATIVES raised more than $6,000 for the child and her Mr. Speaker, it is with privilege that I recog- family. Tuesday, February 11, 2003 nize Ollie Marie Phason before this body of Maree now works with the ‘‘Look Good, Mr. MCINNIS. Mr. Speaker, it is with a great Congress and this nation today. Her four chil- Feel Better’’ program, helping women to style sense of pride that I honor Ms. Ollie Marie dren are fortunate to have such a loving, car- their hair, do their make up, and give them a Phason. Ms. Phason’s strength in the face of ing, and dedicated mother. Ms. Phason’s ef- feeling of belonging. She says that by doing adversity is a true inspiration. Ollie’s life was forts to help juveniles succeed in life have this for these women it gives them their ‘‘spar- changed forever in 1993 when her six-year-old been immeasurably beneficial in the lives of kle’’ back. Although she has been organizing son, Broderick, was wounded by a 9mm bul- many.

VerDate Jan 31 2003 02:57 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00016 Fmt 0626 Sfmt 0634 E:\CR\FM\K11FE8.008 E12PT1 February 12, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E203 SENATE COMMITTEE MEETINGS Health, Education, Labor, and Pensions energy use in the transportation sec- To hold hearings to examine terrorism, tor. Title IV of Senate Resolution 4, focusing on state and local response. agreed to by the Senate on February 4, SD–366 SD–430 Veterans’ Affairs 1977, calls for establishment of a sys- 2 p.m. To hold joint hearings with the House tem for a computerized schedule of all Veterans’ Affairs Committee on Veterans’ Affairs to ex- meetings and hearings of Senate com- To hold joint hearings with the House amine legislative presentations of the Committee on Veterans’ Affairs to ex- mittees, subcommittees, joint commit- Military Order of the Purple Heart, the amine a legislative presentation of the tees, and committees of conference. Paralyzed Veterans of America, Jewish This title requires all such committees Disabled American Veterans. SH–216 War Veterans, the Blinded Vererans to notify the Office of the Senate Daily 2:30 p.m. Association, and the Non-Commis- Digest—designated by the Rules com- Energy and Natural Resources sioned Officers Association. mittee—of the time, place, and purpose To hold hearings to examine oil, gas, hy- 345 Cannon Building of the meetings, when scheduled, and drogen, and conservation, focusing on any cancellations or changes in the gas supply and prices. MARCH 11 meetings as they occur. SD–366 10 a.m. As an additional procedure along Energy and Natural Resources with the computerization of this infor- FEBRUARY 26 To hold hearings to examine oil, gas, hy- mation, the Office of the Senate Daily 10 a.m. drogen, and conservation, focusing on Digest will prepare this information for Energy and Natural Resources federal programs for energy efficiency printing in the Extensions of Remarks Business meeting to consider pending and conservation. calendar business. SD–366 section of the CONGRESSIONAL RECORD SD–366 on Monday and Wednesday of each Health, Education, Labor, and Pensions MARCH 12 week. Business meeting to consider pending Meetings scheduled for Thursday, calendar business. 10 a.m. February 13, 2003 may be found in the SD–430 Veterans’ Affairs Daily Digest of today’s RECORD. To hold joint hearings with the House FEBRUARY 27 Committee on Veterans’ Affairs to ex- MEETINGS SCHEDULED 9:30 a.m. amine a legislative presentation of the Foreign Relations Veterans of Foreign Wars. FEBRUARY 14 To hold hearings to examine proposed 345 Cannon Building 9:30 a.m. legislation authorizing funds for the Governmental Affairs Department of State. MARCH 13 To hold hearings to examine the Presi- SD–419 10 a.m. dent’s proposal to create a terrorist 10 a.m. Veterans’ Affairs threat integration center, including Energy and Natural Resources To hold joint hearings with the House consolidating intelligence analysis. To hold hearings to examine oil, gas, hy- Committee on Veterans’ Affairs to ex- SD–342 drogen, and conservation, focusing on amine legislative presentations of the energy production on federal lands. Retired Enlisted Association, Gold SD–366 FEBRUARY 25 Star Wives of America, the Fleet Health, Education, Labor, and Pensions 9:30 a.m. Reseve Association, and the Air Force Armed Services To hold hearings to examine the Work- force Investment Act. Seargents Association. To hold hearings to examine the Defense 345 Cannon Building Authorization Request for Fiscal Year SD–340 2004 and the Future Years Defense Pro- MARCH 20 gram, to be immediately followed by a MARCH 4 closed hearing in SH–219. 10 a.m. 10 a.m. SD–106 Energy and Natural Resources Veterans’ Affairs Foreign Relations To hold hearings to examine oil, gas, hy- To hold joint hearings with the House To hold hearings to examine world food drogen, and conservation, focusing on Committee on Veterans’ Affairs to ex- aid. financial conditions of the electricity amine legislative presentations of SH–216 market. AMVETS, American Ex-Prisoners of 10 a.m. SD–366 War, the Vietnam Veterans of America, Energy and Natural Resources the Military Officers Association of To hold hearings to examine the Presi- MARCH 6 America, and the National Association dent’s proposed budget request for fis- 10 a.m. of State Directors of Veterans’ Affairs. cal year 2004 for the Department of En- Energy and Natural Resources 345 Cannon Building ergy. To hold hearings to examine oil, gas, hy- SD–366 drogen, and conservation, focusing on

VerDate Jan 31 2003 02:57 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00017 Fmt 0626 Sfmt 0634 E:\CR\FM\M12FE8.000 E12PT1 Wednesday, February 12, 2003 Daily Digest Senate Chamber Action Privilege of the Floor: (See next issue.) Adjournment: Senate met at 9:30 a.m. and ad- Routine Proceedings, pages S2231–S2306 journed at 12:45 p.m., until 11 a.m., on Thursday, Measures Introduced: Twenty-one bills and two February 13, 2003. (For Senate’s program, see the re- resolutions were introduced, as follows: S. 364–384, marks of the Acting Majority Leader in today’s and S. Res. 55–56. (See next issue.) Record on page S2306.) Measures Reported: S. Res. 56, authorizing expenditures by the Com- Committee Meetings mittee on the Budget. (See next issue.) (Committees not listed did not meet) Nomination Considered: Senate continued consid- eration of the nomination of Miguel A. Estrada, of NATIONAL SECURITY THREATS Virginia, to be United States Circuit Judge for the Committee on Armed Services: Committee concluded District of Columbia Circuit. hearings in open and closed session, to examine cur- Pages S2232–S2305 (continued next issue) rent and future worldwide threats to the national se- A unanimous-consent agreement was reached pro- curity of the United States, after receiving testimony viding for further consideration of the nomination at from George J. Tenet, Director of Central Intel- 11 a.m., on Thursday, February 13, 2003. ligence; and Vice Adm. Lowell E. Jacoby, USN, Di- Page S2306 rector, Defense Intelligence Agency. Messages From the President: Senate received the COAST GUARD TRANSITION following messages from the President of the United States: Committee on Commerce, Science, and Transportation: Sub- committee on Oceans, Atmosphere, and Fisheries Transmitting, pursuant to law, the National Drug concluded hearings to examine the challenges and Control Strategy for 2003; to the Committee on the role of the United States Coast Guard with respect Judiciary. (PM–15) (See next issue.) to its transition to the Department of Homeland Se- Nominations Received: Senate received the fol- curity and the Maritime Homeland Security Strat- lowing nominations: egy, after receiving testimony from Admiral Thomas Consuelo Maria Callahan, of California, to be H. Collins, Commandant, U.S. Coast Guard, Depart- United States Circuit Judge for the Ninth Circuit. ment of Transportation; and JayEtta Z. Hecker, Di- Steven M. Colloton, of Iowa, to be United States rector, Physical Infrastructure, General Accounting Circuit Judge for the Eighth Circuit. Office. Harry A. Haines, of Montana, to be a Judge of BUSINESS MEETING the United States Tax Court for a term of fifteen years. Page S2306 Committee on Environment and Public Works: Com- mittee met, discussed certain pending committee Messages From the House: (See next issue.) business, and recessed subject to the call of the Measures Referred: (See next issue.) Chair. Executive Communications: (See next issue.) INVESTMENT INCENTIVES Additional Cosponsors: (See next issue.) Committee on Finance: Committee concluded hearings Statements on Introduced Bills/Resolutions: to examine proposals for economic growth and job (See next issue.) creation, focusing on incentives for investment, after receiving testimony from former Senator Phil Additional Statements: (See next issue.) Gramm, UBS Warburg, New York, New York; Authority for Committees to Meet: (See next issue.) Leon E. Panetta, California State University, Seaside, D120

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former Director, Office of Management and Budget; Subcommittee on Aging: Senators Bond (Chairman), and Kevin A. Hassett, American Enterprise Institute, Alexander, DeWine, Roberts, Ensign, Warner, Mi- and William G. Gale, Brookings Institution, both of kulski, Kennedy, Murray, Edwards, and Clinton. Washington, D.C. Subcommittee on Children and Families: Senators Al- NOMINATIONS exander (Chairman), Enzi, Bond, DeWine, Roberts, Committee on Finance: Committee concluded hearings Sessions, Ensign, Graham (S.C.), Warner, Dodd, on the nominations of Joseph Robert Goeke, of Illi- Harkin, Jeffords, Bingaman, Murray, Reed, Edwards, nois, to be a Judge of the United States Tax Court; and Clinton. Glen L. Bower, of Illinois, to be a Judge of the Subcommittee on Employment, Safety and Training: United States Tax Court; Daniel Pearson, of Min- Senators Enzi (Chairman), Alexander, Bond, Roberts, nesota, to be a Member of the United States Inter- Sessions, Murray, Dodd, Harkin, and Jeffords. national Trade Commission; Charlotte A. Lane, of Subcommittee on Substance Abuse and Mental Health West Virginia, to be a Member of the United States Services: Senators DeWine (Chairman), Enzi, Sessions, International Trade Commission; and Raymond T. Ensign, Kennedy, Bingaman, and Reed. Wagner, Jr., of Missouri, to be a Member of the In- ternal Revenue Service Oversight Board, Department NOMINATION of the Treasury, after each nominee testified and an- Committee on Indian Affairs: Committee concluded swered questions in their own behalf. hearings on the nomination of Ross Owen Swimmer, RECONSTRUCTION OF AFGHANISTAN of Oklahoma, to be Special Trustee, Office of Special Committee on Foreign Relations: Committee held hear- Trustee for American Indians, Department of the In- ings on the restoration and rebuilding of Afghani- terior, after the nominee, who was introduced by stan, including the Afghanistan Freedom Support Senator Nickles and Representative Carson, testified Act (P.L. 107–327), receiving testimony from David and answered questions in his own behalf. Testimony T. Johnson, Coordinator for Afghanistan Assistance, was also received from Richard Sangrey and Majel Department of State; Peter W. Rodman, Assistant Russell, both of the Intertribal Monitoring Associa- Secretary of Defense for International Security Af- tion on Indian Trust Funds, Albuquerque, New fairs; and Ishaq Shahryar, Ambassador of Afghanistan Mexico. to the United States. Hearings recessed subject to call. NOMINATIONS BUSINESS MEETING Committee on the Judiciary: Committee concluded Committee on Health, Education, Labor, and Pensions: hearings on the nominations of Timothy M. Committee ordered favorably reported the following Tymkovich, of Colorado, to be United States Circuit business items: Judge for the Tenth Circuit, who was introduced by S. 342, to amend the Child Abuse Prevention and Senators Campbell and Allard; J. Daniel Breen, to be Treatment Act to make improvements to and reau- United States District Judge for the Western Dis- thorize programs under that Act; trict of Tennessee, who was introduced by Senator S. 314, to make improvements in the Foundation Alexander; William H. Steele, to be United States for the National Institutes of Health; District Judge for the Southern District of Alabama, S. 239, to amend the Public Health Service Act who was introduced by Senators Shelby and Sessions; to add requirements regarding trauma care; Thomas A. Varlan, to be United States District S. 286, to revise and extend the Birth Defects Judge for the Eastern District of Tennessee, who was Prevention Act of 1998; and introduced by Senator Alexander; Timothy C. S. 313, to amend the Federal Food, Drug, and Stanceu, of Virginia, to be a Judge of the United Cosmetic Act to establish a program of fees relating States Court of International Trade, who was intro- to animal drugs, with an amendment in the nature duced by Senator Allen; and Marian Blank Horn, of of a substitute. Maryland, to be a Judge of the United States Court Also, Committee adopted its rules of procedure for of Federal Claims, who was introduced by Represent- the 108th Congress, and announced the following ative Cannon; after each nominee testified and an- subcommittee assignments: swered questions in their own behalf.

VerDate Jan 31 2003 05:49 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D12FE3.REC D12FE3 D122 CONGRESSIONAL RECORD — DAILY DIGEST February 12, 2003 House of Representatives Suspensions: The House agreed to suspend the rules Chamber Action and pass the following measures: Measures Introduced: Measures introduced will ap- Recognizing the Courage and Sacrifice of Amer- pear in the next issue of the Record. ican POWs: H. Res. 62, recognizing the courage Additional Cosponsors: (See next issue.) and sacrifice of those members of the United States Reports Filed: Reports were filed today as follows: Armed Forces who were held as prisoners of war H. Res. 69, providing for consideration of H.R. 4, during the Vietnam conflict and calling for a full ac- to reauthorize and improve the program of block counting of the 1,902 members of the Armed Forces grants to States for temporary assistance for needy who remain unaccounted for from the Vietnam con- families and improve access to quality child care (H. flict (agreed to by a yea-and-nay vote of 424 yeas with none voting ‘‘nay,’’ Roll No. 25); and Rept. 108–9) (See next issue.) Pages H399–H406, H415–16 Guest Chaplain: The prayer was offered by Rev. Wayne Jenkins, Pastor, First Baptist Church of Al- American Spirit Fraud Prevention: H.R. 346, to amend the Federal Trade Commission Act to in- exandria, Virginia. Page H395 crease civil penalties for violations involving certain Recess: the House recessed at 10:32 a.m. and recon- proscribed acts or practices that exploit popular reac- vened at 3:05 p.m. Page H398 tion to an emergency or major disaster declared by Committee Resignations: Without objection, the the President, and to authorize the Federal Trade Chair accepted the various resignations from the fol- Commission to seek civil penalties for such viola- lowing members from certain standing committees tions in actions brought under section 13 of that Act of the House: Representative Souder from the Com- (agreed to by a yea-and-nay vote of 422 yeas to 1 mittee on Education and the Workforce, Representa- nay, Roll No. 24). Pages H413–15 tive Shays from the Committee on Science, and Rep- Committee Election: The House agreed to H. Res. resentative Gibbons from the Committee on Vet- 70, electing Representative Burns to the Committee erans’ Affairs. Pages H406–07 on Education and the Workforce. Pages H416–17 Select Committee on Homeland Security: Pursu- Presidential Message—National Drug Control ant to the provisions of H. Res. 5, and the order of Strategy: Message wherein he transmitted the 2003 Jan. 8, 2003, the Chair announced the Speaker’s ap- National Drug Control Strategy referred to the Com- pointment of the following members to the Select mittees on the Judiciary, Agriculture, Armed Forces, Committee on Homeland Security: Representative Financial Services, Energy and Commerce, Education Cox, Chairman and Representatives Dunn, Young of and the Workforce, Government Reform, Inter- Florida, Young of Alaska, Sensenbrenner, Tauzin, national Relations, Transportation and Infrastructure, Dreier, Hunter, Rogers of Kentucky, Boehlert, Ways and Means, Veterans’ Affairs, Permanent Select Shays, Smith of Texas, Weldon of Pennsylvania, Committee on Intelligence, and Select Committee on Goss, Camp, Lincoln Diaz-Balart of Florida, Good- Homeland Security. Page H435 latte, Istook, King of New York Linder, Shadegg, Quorum Calls—Votes: Three yea-and-nay votes de- Souder, Thornberry, Gibbons, Granger, Sessions, veloped during the proceedings of the House today Sweeney, Turner of Texas, Thompson of Mississippi, and appear on pages H414–15, H415–16, and Loretta Sanchez of California, Markey, Dicks, Frank H416. There were no quorum calls. of Massachusetts, Harman, Cardin, Slaughter, DeFazio, Mrs. Lowey, Andrews, Norton, Lofgren, Adjournment: The House met at 10 a.m. and at 10:01 p.m. stands in recess subject to the call of the McCarthy of Missouri, Jackson-Lee of Texas, Pascrell, Chair. Christensen, Etheridge, Gonzalez, Lucas of Ken- tucky, Langevin, and Meek of Florida. Page H407 Committee Meetings Do-Not-Call Implementation Act: The House passed H.R. 395, to authorize the Federal Trade COMMITTEE ORGANIZATION; OVERSIGHT Commission to collect fees for the implementation PLAN and enforcement of a ‘‘do-not-call’’ registry by a yea- Committee on Agriculture: Met for organizational pur- and-nay vote of 418 yeas to 7 nays, Roll No. 26. poses. The bill was considered pursuant to the unanimous The Committee approved an Oversight Plan for consent order of Feb. 11. Pages H407–13, H416 the 108th Congress.

VerDate Jan 31 2003 05:49 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D12FE3.REC D12FE3 February 12, 2003 CONGRESSIONAL RECORD — DAILY DIGEST D123 NATIONAL DEFENSE AUTHORIZATION Terrorism Post 9/11.’’ Testimony was heard from BUDGET REQUEST Davi M. D’Agostino, Director, Financial Markets Committee on Armed Services: Held a hearing on the and Community Investment, GAO; Robert L. D. fiscal year 2004 National Defense Authorization Colby, Deputy Director, Division of Market Regula- budget request. Testimony was heard from the fol- tion, SEC; and public witnesses. lowing officials of the Department of the Army: INTERNATIONAL AFFAIRS BUDGET Thomas E. White, Secretary; and Gen. Eric K. REQUEST Shinseki, USA, Chief of Staff. Committee on International Relations: Held a hearing on TRANSPORTATION DEPARTMENT— the President’s International Affairs Budget request BUDGET PRIORITIES for Fiscal Year 2004. Testimony was heard from Committee on the Budget: Held a hearing on the De- Colin L. Powell, Secretary of State. partment of Transportation Budget Priorities Fiscal IVORY COAST—PROSPECTS FOR PEACE Year 2004. Testimony was heard from Representa- tive Rahall; and Michael P. Jackson, Deputy Sec- Committee on International Relations: Subcommittee on retary, Department of Transportation. Africa held a hearing on Prospects for Peace in Ivory Coast. Testimony was heard from Walter H. ECONOMIC RECOVERY AND THE Kansteiner III, Assistant Secretary, Bureau of African WORKFORCE INVESTMENT ACT Affairs, Department of State; Timothy W. Docking, Committee on Education and the Workforce: Held a hear- Program Officer, Research and Studies Program, ing on ‘‘Back to Work: the Administration’s Plan for U.S. Institute of Peace; and a public witness. Economic Recovery and the Workforce Investment HUMAN CLONING PROHIBITION ACT; Act.’’ Testimony was heard from Elaine Chao, Sec- COMMITTEE ORGANIZATION; OVERSIGHT retary of Labor; and public witnesses. PLAN PATIENT SAFETY AND QUALITY Committee on the Judiciary: Ordered reported H.R. IMPROVEMENT ACT; ADMINISTRATION’S 534, Human Cloning Prohibition Act of 2003. FISCAL YEAR 2004 HEALTH CARE Prior to this action, the Committee met for orga- PRIORITIES; COMMITTEE ORGANIZATION; nizational purposes. OVERSIGHT PLAN The Committee approved an Oversight Plan for Committee on Energy and Commerce: Ordered reported, the 108th Congress. as amended, H.R. 663, Patient Safety and Quality COMMITTEE ORGANIZATION; OVERSIGHT Improvement Act. PLAN The Committee held a hearing entitled ‘‘A Re- view of the Administration’s Fiscal Year 2004 Committee on Resources: Met for organizational pur- Health Care Priorities.’’ Testimony was heard from poses. Tommy G. Thompson, Secretary of Health and The Committee approved an Oversight Plan for Human Services. the 108th Congress. The Committee met for further organizational PERSONAL RESPONSIBILITY, WORK, AND purposes. FAMILY PROTECTION ACT; OVERSIGHT The Committee approved an Oversight Plan for PLAN the 108th Congress. Committee on Rules: Granted, by voice vote, a modi- MONETARY POLICY AND THE STATE OF fied closed rule, providing 2 hours of general debate THE ECONOMY on H.R. 4, Personal Responsibility, Work, and Fam- Committee on Financial Services: Held a hearing on ily Promotion Act of 2003, with 50 minutes equally monetary policy and the state of the economy. Testi- divided and controlled by the chairman and ranking mony was heard from Alan Greenspan, Chairman, minority member of the Committee on Ways and Board of Governors, Federal Reserve System. Means, 40 minutes equally divided and controlled by the chairman and ranking minority member of the RECOVERY AND RENEWAL; PROTECTING Committee on Education and the Workforce, and 30 CAPITAL MARKETS AGAINST TERRORISM minutes equally divided and controlled by the chair- POST 9/11 man and ranking minority member of the Com- Committee on Financial Services: Subcommittee on Cap- mittee on Energy and Commerce. The rule waives all ital Markets, Insurance, and Government Sponsored points of order against consideration of the bill. The Enterprises held a hearing entitled ‘‘Recovery and rule provides that the bill shall be considered as read Renewal: Protecting the Capital Markets Against for amendment.

VerDate Jan 31 2003 05:49 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D12FE3.REC D12FE3 D124 CONGRESSIONAL RECORD — DAILY DIGEST February 12, 2003 The rule makes in order only those amendments tle Columbia accident, focusing on the status of the printed in the Rules Committee report accom- investigation, and implications of the loss of Colum- panying the resolution, which may be offered only in bia on the nation’s space exploration efforts, receiv- the order printed in the report, may be offered only ing testimony from Sean O’Keefe, Administrator, by a Member designated in the report, shall be con- National Aeronautics and Space Administration. sidered as read, shall be debatable for the time speci- Hearing recessed subject to call. fied in the report equally divided and controlled by f the proponent and an opponent, and shall not be subject to amendment. The rule waives all points of COMMITTEE MEETINGS FOR THURSDAY, order against the amendments printed in the report, FEBRUARY 13, 2003 except that the adoption of an amendment in the na- (Committee meetings are open unless otherwise indicated) ture of a substitute shall constitute the conclusion of Senate consideration of the bill for amendment. Finally, the rule provides one motion to recommit with or with- Committee on Armed Services: to hold hearings on pro- out instructions. Testimony was heard from Rep- posed legislation authorizing funds for fiscal year 2004 resentative Herger, Chairman Boehner, Representa- for the Department of Defense, and the Future Years De- tives Castle, Cardin, Levin, Woolsey, Kind, fense Program, 9:30 a.m., SH–216. Committee on the Budget: to resume hearings on the Kucinich, Jackson-Lee of Texas, Lee, McGovern and President’s proposed budget for fiscal year 2004, focusing Watson. on the Department of Transportation, 2:30 p.m., The Committee approved an Oversight Plan for SD–608. the 108th Congress. Committee on Commerce, Science, and Transportation: orga- COMMITTEE ORGANIZATION; OVERSIGHT nizational business meeting to consider subcommittee as- PLAN signments and rules of procedure for the 108th Congress, 9:15 a.m., SR–253. Committee on Transportation and Infrastructure: Met for Full Committee, to hold hearings to examine United organizational purposes. States Olympic Committee reforms, 9:30 a.m., SR–253. The Committee approved an Oversight Plan for Full Committee, to hold hearings to examine infra- the 108th Congress. structure needs of minority serving institutions, and S. 196, to establish a digital and wireless network tech- REAUTHORIZATION—FAA AND AVIATION nology program, 2:30 p.m., SR–253. PROGRAMS Committee on Energy and Natural Resources: to hold hear- Committee on Transportation and Infrastructure: Sub- ings to examine the President’s proposed budget request committee on Aviation held a hearing on reauthor- for fiscal year 2004 for the Forest Service of the Depart- ization of the FAA and the Aviation Programs: In- ment of Agriculture, 10 a.m., SD–366. Full Committee, to hold hearings to examine oil, gas, troduction. Testimony was heard from Gerald hydrogen, and conservation, focusing on oil supply and Dillingham, Director, Civil Aviation Issues, GAO; prices, 2:30 p.m., SH–216. Kenneth R. Mead, Inspector General, Department of Committee on Environment and Public Works: Sub- Transportation; and Robert Walker, Chairman, committee on Clean Air, Climate Change, and Nuclear Commission on the Future of the United States Safety, to hold oversight hearings to examine the Nuclear Aerospace Industry. Regulatory Commission, 9:30 a.m., SD–406. Committee on Finance: to hold hearings to examine COMMITTEE ORGANIZATION Enron, focusing on the Joint Committee on Taxation’s in- Committee on Ways and Means: Subcommittee on Se- vestigative report, 10 a.m., SD–215. lect Revenue Measures met for organizational pur- Committee on the Judiciary: business meeting to consider poses. the nomination of Deborah L. Cook, of Ohio, to be United States Circuit Judge for the Sixth Circuit, John COMMITTEE ORGANIZATION G. Roberts, Jr., of Maryland, to be United States Circuit Committee on Ways and Means: Subcommittee on So- Judge for the District of Columbia Circuit, Jeffrey S. Sut- cial Security met for organizational purposes. ton, of Ohio, to be United States Circuit Judge for the Sixth Circuit, Jay S. Bybee, of Nevada, to be United States Circuit Judge for the Ninth Circuit, Ralph R. Joint Meetings Erickson, to be United States District Judge for the Dis- SPACE SHUTTLE ‘‘COLUMBIA’’ trict of North Dakota, William D. Quarles, Jr., to be United States District Judge for the District of Maryland, Joint Hearing: Senate Committee on Commerce, Gregory L. Frost, to be United States District Judge for Science, and Transportation and House Committee the Southern District of Ohio, Jeremy H.G. Ibrahim, of on Science Subcommittee on Space and Aeronautics Pennsylvania, to be a Member of the Foreign Claims Set- held joint hearings to examine the recent space shut- tlement Commission of the United States, Edward F.

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Reilly, of Kansas, and Cranston J. Mitchell, of Missouri, of America and the Government of the United Mexican both to be a Commissioner of the United States Parole States concerning the establishment of a Border Environ- Commission, S.253, to amend title 18, United States ment Cooperation Commission and a North American Code, to exempt qualified current and former law en- Development Bank; H.R. 258, American 5-Cent Coin forcement officers from State laws prohibiting the car- Design Continuity Act of 2003; H.R. 239, Brownfields rying of concealed handguns, and S.113, to exclude Redevelopment Enhancement Act; the Hospital Mortgage United States persons from the definition of ‘‘foreign Insurance Act of 2003; the Emergency Securities Re- power’’ under the Foreign Intelligence Surveillance Act of sponse Act of 2003; and a committee print entitled 1978 relating to international terrorism, 11 a.m., ‘‘Views and Estimates of the Committee on Financial SD–G50. Services on Matters to be Set Forth in the Concurrent Committee on Rules and Administration: to hold an orga- Resolution on the Budget for Fiscal Year 2004,’’ 10 a.m., nizational business meeting, to be followed by hearings 2128 Rayburn. on certain proposed committee resolutions requesting Committee on Government Reform, to meet for organiza- funds for operating expenses, 10:30 a.m., SR–301. tional purposes; and to consider the following: an Over- House sight Plan for the 108th Congress; and to consider the Committee on the Budget, hearing on the Department of Committee’s Views and Estimates of the President’s Fiscal State Budget priorities Fiscal Year 2004, 10 a.m., 210 Year 2004 Budget, 2 p.m., 2154 Rayburn. Cannon. Committee on International Relations, Subcommittee on Committee on Education and the Workforce, to mark up the Asia and the Pacific, oversight hearing on North Korea’s following bills: H.R. 13, Museum and Library Services Nuclear Program: The Challenge to Stability in North- Act of 2003; and H.R. 14, Keeping Children and Fami- east Asia, 9:30 a.m., 2172 Rayburn. lies Safe Act of 2003, 10 a.m., 2175 Rayburn. Committee on Science, hearing on An Overview of the Subcommittee on Employer-Employee Relations, hear- Federal R&D Budget for fiscal year 2004, 10 a.m., 2318 ing on ‘‘The Pension Security Act: New Pension Protec- Rayburn. tions to Safeguard the Retirement Savings of American Committee on Ways and Means, Subcommittee on Health, Workers,’’ 1 p.m., 2175 Rayburn. hearing on Medicare Regulatory and Contracting Reform, Committee on Financial Services, to consider the fol- 12 p.m., B–318 Rayburn. lowing: H.R. 254, to authorize the President of the Subcommittee on Oversight, hearing on Free Electronic United States to agree to certain amendments to the Filing National Taxpaper Advocate Annual Report, 3 Agreement between the Government of the United States p.m., 1100 Longworth.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 11 a.m., Thursday, February 13 10 a.m., Thursday, February 13

Senate Chamber House Chamber Program for Thursday: Senate will continue consider- Program for Thursday: Consideration of H.R. 4, Per- ation of the nomination of Miguel A. Estrada, of Vir- sonal Responsibility, Work and Family Promotion Act ginia, to be United States Circuit Judge for the District (modified closed rule, two hours of general debate); and of Columbia Circuit. Also, Senate may consider the con- Consideration of the Omnibus Appropriations Con- ference report on H.J. Res. 2, Omnibus Appropriations. ference Report to accompany H.J. Res. 2, making further continuing appropriations for fiscal year 2003 (subject to a rule).

Extensions of Remarks, as inserted in this issue

HOUSE Farr, Sam, Calif., E192 Pallone, Frank, Jr., N.J., E195 Filner, Bob, Calif., E197 Paul, Ron, Tex., E190 Abercrombie, Neil, Hawaii, E187 Gordon, Bart, Tenn., E187 Rahall, Nick J., II, W.Va., E191 Blackburn, Marsha, Tenn., E187 Green, Gene, Tex., E194 Reyes, Silvestre, Tex., E193 Blunt, Roy, Mo., E200 Hyde, Henry J., Ill., E188 Ros-Lehtinen, Ileana, Fla., E199 Bordallo, Madeleine Z., Guam, E200 Kucinich, Dennis J., Ohio, E194 Brady, Kevin, Tex., E198 LaTourette, Steven C., Ohio, E197 Schiff, Adam B., Calif., E193 Brown-Waite, Ginny, Fla., E198 McInnis, Scott, Colo., E196, E198, E199, E199, E200, Sessions, Pete, Tex., E192 Cantor, Eric, Va., E188 E201, E201, E202, E202 Simmons, Rob, Conn., E187 Case, Ed, Hawaii, E201 McKeon, Howard P. ‘‘Buck’’, Calif., E188 Smith, Lamar S., Tex., E201 Christensen, Donna M., The Virgin Islands, E199 Maloney, Carolyn B., N.Y., E194, E196, E197 Taylor, Charles H., N.C., E195 Davis, Tom, Va., E191 Meek, Kendrick B., Fla., E198 Towns, Edolphus, N.Y., E192 DeFazio, Peter A., Ore., E190 Miller, Gary G., Calif., E197 Watson, Diane E., Calif., E193 Doolittle, John T., Calif., E189 Moran, James P., Va., E191, E191 Wolf, Frank R., Va., E191 Duncan, John J., Jr., Tenn., E193 Ortiz, Solomon P., Tex., E189

(Senate and House proceedings for today will be continued in the next issue of the Record.)

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