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

Vol. 149 WASHINGTON, THURSDAY, FEBRUARY 13, 2003 No. 27 Senate EXECUTIVE SESSION Court of Appeals. I do not care whether I do not care whether they are Re- NOMINATION OF MIGUEL A. they are Republicans. I do not care publicans, Democrats, liberals, con- ESTRADA, OF VIRGINIA, TO BE whether they are Democrats, liberals, servatives—that does not mean any- UNITED STATES CIRCUIT JUDGE conservatives; I just want the best, the thing to me. I just want the best. most solid people, the people who have FOR THE DISTRICT OF COLUM- They came up with three names. I deep common sense, have a tremendous BIA CIRCIUT interviewed the three people. I, again, sense of history in our country, the had the excruciating choice to make (Continued) highest integrity. I just want the best. because they were all very good. I Mr. STEVENS. I yield the floor. The committee I appointed came made a selection finally, and I rec- The PRESIDING OFFICER. The Sen- back to me several weeks, maybe a ommended to President Clinton a per- ator from Montana is recognized. month later with three names. I sat son who I think has done great credit Mr. BAUCUS. Mr. President, one of down with each of the three for an to the U.S. Federal district court in the great privileges of being a Member interview, and I spent about 3 hours Montana, Judge Don Malloy. of the Senate is to recommend to the with each of the three to try to deter- I can tell you, the bar in Montana President names of people who should mine for myself who was the best per- thinks he is terrific. The plaintiffs bar, be members of the Federal judiciary— son that President Clinton could nomi- the defense bar—they all have the that is either the Federal district nate from Montana to sit on the Ninth highest regard for him. Why? Because court, circuit court of appeals, but cer- Circuit Court of Appeals. he is smart, he is hard working, and he It was a very difficult process. It was tainly not the U.S. Supreme Court be- does not play favorites. He is what a very difficult because the three the cause that is out of the purview of rec- Federal district court judge should be. group suggested to me were all very ommendations by a single Senator. Why do I say all that? I say that be- good. I made a selection finally. It was Since I have been in the Senate, I cause we are now faced with whether or Mr. Sid Thomas, who President Clinton have been able to recommend to a not the Senate should confirm to the appointed and who now sits on the Democratic President at least two. We DC Court of Appeals Miguel Estrada. Ninth Circuit Court of Appeals. are not a large State so we have the op- He has been a tremendous credit to Should we or should we not? Let me portunity to only recommend two peo- not just the State of Montana and the roll back history a bit. ple to the Federal bench. Ninth Circuit, but the Nation. In fact, Several years ago, I was on the Judi- The first one I was able to rec- many members of the judiciary, includ- ciary Committee. In fact, it was quite ommend was a circuit court of appeals ing the U.S. Supreme Court, talked to a few years ago. At that time, Justice judge and the second was a district me specifically about Judge Thomas Sandra Day O’Connor, not then a Jus- court judge. This decision was so im- and indicated to me they are very tice, was nominated by the President portant to me that I went out of my proud of him. He is a ‘‘solid person,’’ a to sit on the U.S. Supreme Court. With way to make sure whoever I rec- very solid man, a solid judge. all deference to Justice O’Connor, that ommended to President Clinton at the The second instance was virtually was the first time, at least in my mem- time would be someone the President the same. I put together another group. ory, when a nominee essentially did would want to nominate to be con- There was an opening in the Federal not answer very many questions. firmed as a member of the circuit court district court in Montana. I put to- I asked her questions, other members of appeals. In this case it was the Ninth gether seven, eight, to nine people I of the committee asked her questions, Circuit Court of Appeals. Montana is thought would do a terrific job in com- and she essentially began this tradition included in the Ninth Circuit. ing up with the very best person to sit of not answering the questions. Again, What did I do? First, I went out of on the Federal district court in Mon- I have the highest regard for Justice my way to put together a group of tana. O’Connor. I think she has been a great Montanans—6, 7, 8, 10 Montanans—and I interviewed each of the three per- Justice of the U.S. Supreme Court. It I selected the best folks I could find in sons the group gave me. I had the same bothered me as a member of the Judici- my home State to represent a cross- criteria for the committee: I want the ary Committee that a nominee was not section, a broad array of interests and best. I do not care if they have brown answering questions. It just did not points of view. Some were lawyers; eyes or blue eyes. I do not care if there seem right. some were not lawyers. is any acid test. That is not relevant to We at that time decided, OK, she I said to each one of them: I want me. I want the very best, most solid, seems like a very good person. She was you to suggest to me the very best thoughtful people with the highest in- in the State senate in her home State three people in the State of Montana tegrity and a deep sense of the law and of New Mexico, so let’s vote to confirm who should serve on the Ninth Circuit history of our State and our Nation. her.

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

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VerDate Jan 31 2003 17:34 Feb 14, 2003 Jkt 019060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A13FE6.000 S13PT2 S2392 CONGRESSIONAL RECORD — SENATE February 13, 2003 We are now faced with the situation versations with him. If they did, which The Senate stood up. It said: No, that where Mr. Estrada is not answering is entirely proper—in fact, it is impera- is the wrong thing to do. I am very any questions whatsoever, and he is tive and an obligation they have to ask proud to say that the Senator who not providing other information to the him questions, particularly before the stood up was from Montana. It was committee. I am not now on the Judi- President suggests a nominee for the Senator Burton Kendall Wheeler. He ciary Committee but I take this re- DC Court of Appeals. If they do, so said: No, it is not the right thing to do. sponsibility of whether or not the Sen- should we have the information in the Just as he stood up, I think we have ate should confirm a nominee to the Senate. We have an equal responsi- an obligation in the Senate to stand up circuit court of appeals, Federal dis- bility to know how he feels about cer- when it is the wrong thing to do; that trict court, or the U.S. Supreme Court tain issues. is, to pass judgment on—to agree with very seriously. I know all of us in this I am not saying he should address the President’s nominee where we have body do. how he feels about certain cases de- no information, where he will not an- There are not very many decisions cided by the Supreme Court or cases swer questions, he will not tell us what we can make that will be more impor- decided by even the court of appeals. I he thinks. What is this person really tant. There are not very many. Why is am not asking for that because judges all about? What is the sense of the that? That is because these are lifetime have to be impartial. I am saying we man? Where is he? Where is his soul? appointments. have a responsibility to know who this Who is he? That is what we have to de- Mr. President, you run for reelection, fellow is: What makes him tick? What termine in deciding whether he should I do, everybody in this body, every few does he really think about? What are be placed on the DC Court of Appeals. years, every 6 years. Everybody in the his values? What does he stand for? And I say that very respectfully. other body runs for reelection every 2 Will he be impartial? What does he I might add that the DC Court of Ap- years. Every Governor runs every 4 think about our Constitution? What peals is no ordinary, garden variety ap- years, sometimes 2 years. Every Presi- does he think about the court as the pellate court. It is a special appellate dent runs every 4 years, except those third branch of Government? There are court, and that is because so many de- cisions made by Federal agencies go to who cannot run because of the con- tons of questions one could come up the DC Court of Appeals as opposed to stitutional requirement. We face vot- with, and we have that responsibility. the Ninth Circuit or the Fourth Cir- ers. We are held accountable. Voters Why do I say we have that responsi- cuit. There are so many of them. There have a chance to either reelect us or bility? I have already said it is a life- are environmental laws, for example, not. But boy, once someone is put in time appointment, but in addition the and labor laws that go primarily to the the U.S. Federal judiciary, an article Constitution tells us we have that re- DC Court of Appeals, for which Mr. III position, that is for life. sponsibility. The advice and consent Estrada has been nominated, much I believe that is the way it should be. provision is in the U.S. Constitution. more than to other courts. These deci- Why? Because these are the people we When our Founding Fathers wrote sions affect all of us around the coun- want to be totally impartial to do what the Constitution, they debated the ad- try. They do not just affect the DC Cir- is right and not be swayed by tem- vice and consent clause. They did not cuit or people who reside in the DC Cir- porary whims and vogues of the mo- know what it should provide. There are cuit. They affect all Americans. The ment. We try not to as elected officers. various interpretations, but they knew DC Court of Appeals jurisdiction ex- It is our job to represent people in our it was very serious. One interpretation, tends to the National Labor Relations State. If they want something, we that is one view, that was advanced Board, the Occupational Safety and should give that to people, given what very seriously when our Founding Fa- Health Administration, the Federal thers wrote the Constitution, was this: we think makes sense and is right for Communications Commission, the Fed- That the Senate should send a selec- our home States and right for the eral Elections Commission, the Envi- tion of three, four, or five names to the country. ronmental Protection Agency. Federal judges are held to a different President and then the President Obviously, decisions made by those standard. State judges are not lifetime makes the decision. The Senate would agencies have a great effect on all appointments. I do not know any who give the names to the President and Americans. When they are reviewed by are. Federal judges are appointed for then the President would decide. It is the DC Court of Appeals, the decisions life. That is a huge responsibility they kind of like what I did a little bit when the DC Court of Appeals makes cer- have. I was interviewing people in Montana. tainly have the same effect upon all We have to make sure we get the I got a bunch of names of the best peo- Americans. Those rulings affect our right people. It is our responsibility. ple, and I made a decision who I workers, our businesses, our national When voters elect us, they basically thought was the best person. environment, our families, and our say: Senator, we do not know all the Why did our Founding Fathers really homes. They affect political elections. ins and outs of what goes on in Wash- wrestle over this question over what They affect directly the present occu- ington, DC, but we want you to do the the proper mechanism would be for the pant of the chair, just as they affect right thing. Just do not do something Senate to jointly decide with the Presi- me directly. nutty or crazy, but, basically, do the dent who should or should not be on About 50 percent of the DC Court’s right thing. the Federal judiciary? It is pretty sim- caseload consists of appeals from regu- Most people give us a lot of latitude. ple. It is our third branch of Govern- lations or decisions made by Federal So long as it sounds right, fits right, ment. It is the third of the three agencies. Fifty percent of the DC Court and smells right, it really is all right. branches of Government, and it is not of Appeals caseload is appeals of Fed- It does not sound right, it does not fit right that one branch of Government eral agencies. In many cases, the DC right, it does not smell right, it does should dictate who does or who does Court of Appeals is the last word, too, not seem right, for this body to con- not sit on the U.S. Supreme Court. on Federal decisions. We all know this. firm somebody who will not answer That is not right. Rather, it is a joint The U.S. Supreme Court is taking any questions, who will not give us rel- decision. It is a decision which, just as fewer cases on appeal. The caseload of evant information, and who has no the President took very seriously, we the U.S. Supreme Court has fallen off prior history so it is hard for us to have an obligation to take equally seri- dramatically in the last couple or 3 know. ously. years, which means that the courts of I will bet this: At that Justice De- It reminds me a little bit of a number appeals’ rulings are that much more partment and perhaps at the White of years ago when an earlier President, important. They are almost like a su- House, they sat down with Mr. Estrada President Franklin Roosevelt, decided preme court in many respects because and asked him a lot of questions. I bet he did not agree with the Supreme the U.S. Supreme Court is taking fewer he gave them a lot of answers. I bet Court decisions. What did he do? He cases. there is somebody in this operation came up with an idea to add more Jus- I will give an example of the power of who is supporting his nomination in tices to the U.S. Supreme Court. It is the DC Court of Appeals in my State of the executive branch who knows a lot colloquially referred to as court pack- Montana. This is Montana. Don’t for- about Mr. Estrada, who had long con- ing by President Roosevelt. get we are in the Ninth Circuit—not

VerDate Jan 31 2003 17:34 Feb 14, 2003 Jkt 019060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.048 S13PT2 February 13, 2003 CONGRESSIONAL RECORD — SENATE S2393 the DC Circuit—as is the State of the for more information. Who is this man? provide real advice and consent. The Presiding Officer. The DC Court of Ap- Find out more about him. Look at his Federal courts would become a polit- peals has exclusive jurisdiction over writings. What is he hiding? What is ical lackey of the executive and legis- cases brought against the Environ- there to hide? We all know the more in- lative branches, and would lose their mental Protection Agency, particu- formation in the public arena, the essential independence. larly regarding the Superfund. more likely it is we will make the right We all know the importance of this I know in the Presiding Officer’s decision. We know that. It is only prop- judicial independence and the critical State there are huge Superfund issues. er the White House ask Mr. Estrada to role that the Federal courts have in They are dramatic. Superfund is tre- answer some questions and give some the lives of millions of our fellow citi- mendously important to my home information. This is not rocket science. zens, especially those who are minori- State of Montana as well. In the town This is pretty easy. This is simple ties. of Libby, MT, for example, they have stuff. The Latino experience is typical of suffered from decades of asbestos con- I do not feel it is proper for the Sen- minority groups that seek justice. tamination at the hands of W.R. Grace. ate to confirm Mr. Estrada. This is When the executive branch has failed It is just tragic. It happened to the peo- very important. I cannot think of them, when the legislative branch has ple of Libby, MT. As a result, Super- many decisions we make that are ulti- failed them, it is the Federal courts, fund cleanup efforts are now taking mately more important, particularly independent of political forces, that place in an attempt to make the town regarding the DC Court of Appeals. We have protected their rights. Federal and its residents whole again. It is a gi- may have different conclusions when courts have protected Latinos’ right to gantic undertaking. he gives us information, but at least he fair redistricting rules in Lopez v. Mon- Libby is not the only Superfund site. should talk to us. terey County. Federal courts have also As the Presiding Officer knows, we (The remarks of Mr. BAUCUS per- protected Latinos’ right to bilingual have Superfund sites around the coun- taining to the submission of S. 396 are education. They have protected try. In Montana, for example, we have located in today’s RECORD under ‘‘Sub- Latinos’ right to sit on a jury free from the largest Superfund site in the Na- mission of Concurrent and Senate Res- challenge on the basis of their race. tion. It is called the Clark Fork Basin. olutions.’’) They protect Latinos’ right to be free It starts up in Butte and ends up even- The PRESIDING OFFICER (Mr. from racial profiling. tually down in the State of the Pre- CORNYN). The Senator from Massachu- When the Senate considers a judicial siding Officer. It is huge. These sites setts. nominee, it must take this history into threaten the health and well-being of Mr. KENNEDY. Mr. President, I con- account. We must consider whether the so many people not only in my State tinue to oppose the Estrada nomina- nominee accepts the historic role of but in other States as well. tion. What is at stake in this nomina- the courts in the protection of basic When Congress created the Super- tion is a lifetime appointment to the rights. One of the most serious con- fund, our goal was to ensure that the second highest court in the land. The cerns raised by the Congressional His- public health and environment were D.C. Circuit Court of Appeals makes panic Caucus, which met with Mr. protected and made whole, particularly decisions that affect millions of Ameri- Estrada, was that he does not under- the cleanup. So decisions made by the cans every day—whether they will stand and appreciate this history. The DC Court of Appeals overseeing the En- drink clean water and breathe clean Hispanic Caucus does not lightly op- vironmental Protection Agency obvi- air—whether workers will be safe in pose the nomination of a Latino to a ously greatly influence whether the in- the workplace, and can join unions Federal court. In fact, they have never tent of the law is actually fulfilled on without fear of reprisal by their em- done it before. It would have been far the ground; that is, in Montana or any ployer—whether minorities and women easier for them to decide that a Latino other State in the Nation, because EPA will be able to stop workplace harass- judge on the DC Court of Appeals could is all over America. It is not only the ment. be called a victory for them. But they Ninth Circuit where the Presiding Offi- Yet our Republican colleagues want realized it would be a victory in name cer and I live. There is no question that us to rubber stamp the nomination of only. They saw that Mr. Estrada would in the State of Montana we have a ter- Miguel Estrada to this important not uphold the basic rights of the rific interest, a big interest, in who sits court. They say to us, you do not need Latino community, and they decided— on the DC Circuit Court, given that to look at his record. You do not need unanimously—to oppose his nomina- court’s influence over our Nation’s to ask him what kind of judge he would tion. health, safety, and welfare laws. be. You do not have to ask him to ex- When the Hispanic Caucus reviews a Different Members may disagree with plain the serious discrepancies in the judicial nominee, they look for a per- different decisions made by the DC answers he gave during his hearing in son who will have a sense of fairness, Court of Appeals, but we do agree we the Judiciary Committee. They even who will be sensitive to claims of ra- want a very thoughtful, fully consid- make the preposterous and shameless cial bias and discrimination, and who ered, and impartial decision. That is claim that Mr. Estrada is being op- are aware of the fundamental role of what we want. That is what we expect. posed because he is Latino. the Federal courts in ending these in- That is why, in my judgment, this body Our Republican colleagues obviously justices. Mr. Estrada failed to satisfy has to go to extraordinary lengths to do not appreciate the importance of them on each of these important determine whether nominees to the the position that Mr. Estrada seeks. If points. courts of appeals, district courts, and they did, they would not be in such a The Hispanic Caucus asked Mr. the Supreme Court, are the right peo- rush to confirm a divisive nominee Estrada about his legal work on two ple. It is our duty. about whom we know so little. cases in which he defended anti-loi- We cannot just pass it off and say, Our duty under the Constitution is tering ordinances. Statutes such as oh, the President appointed him. We not to rubber stamp. It is to provide in- these have too often been used for ra- cannot stop there. It would be irrespon- formed advice and consent in the nomi- cial profiling and to harass minorities sible. When we are elected, we are nation process. Our duty is to ensure performing lawful activities. The mem- elected by people in our States to hold that the Federal judiciary is fair and bers of the Hispanic Caucus left that up the Constitution of the United independent, a place where everyone, meeting convinced that Mr. Estrada States. Certainly the President can ap- even the most vulnerable among us, did not understand the effect of these point, but just as certainly the Senate can obtain protection of their rights. If anti-loitering statutes on minorities, has the right and, indeed, the obliga- we become a Senate that simply rubber or that he did not care about them. tion to advise and consent and, given stamps judicial nominees, the nomina- Mr. Estrada has also demonstrated the tradition of the advice and consent tion process becomes a charade. Who- his lack of sensitivity on issues affect- clause and balance of powers, give it ever happens to have the favor of the ing Latinos in his numerous state- the same weight as the President. White House can become a Federal ments about race and affirmative ac- That is why I think at the bare min- judge simply by refusing to give the tion. He has been dismissive of the imum the Senate has the right to ask Senate the information necessary to under-representation of Latinos among

VerDate Jan 31 2003 17:34 Feb 14, 2003 Jkt 019060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.050 S13PT2 S2394 CONGRESSIONAL RECORD — SENATE February 13, 2003 law clerks in the Supreme Court. You to ignore his ideology. Judges should our most skeptical allies. We imposed a do not have to be Latino to understand be committed to basic principles and blockade, demanded inspection, and in- that there are long-standing barriers to ideals. They should respect our judicial sisted on the removal of the missiles— full participation by Latinos. But Mr. system and the co-equal relationship all without resorting to full-scale war. Estrada does not see it that way. Per- between the executive, legislative, and As he said then: haps this is why Mr. Estrada has never judicial branches. It makes no sense for Action is required . . . and these actions tried to improve opportunities for the Senate, in fulfilling its constitu- [now] may only be the beginning. We will not Latino lawyers or law students. tional role, to adopt a head-in-the-sand prematurely or unnecessarily risk the costs But if you cannot see the problem, approach and abandon all ideological of . . . war—but neither will we shrink from that risk at any time it must be faced. you cannot be part of the solution. I considerations in deciding whether to I continue to be concerned that the am deeply concerned, given these confirm Mr. Estrada. statements by Mr. Estrada, that he Now we have, instead, a Republican Bush administration is persisting in its would oppose basic programs, that stampede to confirm a nominee we rush to war with Iraq, even as we face have done so much to open the doors of know very little about. Despite the grave threats from al-Qaida terrorism opportunity for minorities throughout critical importance of the Federal and North Korea’s nuclear ambitions. our Nation. courts, and despite the immense power The administration has done far too In light of all of these facts, the His- of the appellate court to which he has little to tell Congress and the Amer- ican people about what our country panic Caucus has decided to oppose this been appointed, Miguel Estrada has not and our troops will face in going to war nomination. As I said, they did not answered the questions put to him. He with Iraq, especially if we have little make this decision lightly. They have has not been forthcoming about the supported the nomination of conserv- genuine support from our allies. views that he would bring to the bench. We are nearing decision time. I urge ative judges in the past, including He has failed to resolve the serious dis- President Bush to come clean with the judges nominated by the current ad- crepancies in his answers to the ques- American people about this war. Before ministration. Jose Martinez, for one, tions put to him during his hearing. endangering the Nation’s sons and was nominated by this administration. The Bush administration refuses to daughters in the Iraqi desert, our citi- The Caucus met with him. Not all of turn over important documents to the zens deserve full answers to four ques- the members of the Caucus agreed with Senate as we consider this nominee, de- tions. Mr. Martinez’s politics, but they saw spite clear precedent for doing so. First, the President must explain that Mr. Martinez was sensitive to the At the same time, what we do know what he considers victory in Iraq. The needs and experience of the Latino about him clearly indicates that he American people deserve at least this community. He understood the historic fails to appreciate the role of the Fed- much. Is it disarmament? Is it the and important role of the Federal eral courts and Federal rights in the overthrow of Saddam? Is it the estab- courts in the lives of Latinos. So the protection of the most vulnerable lishment of a stable, democratic gov- caucus supported his nomination and members of our society. On this inad- ernment? If we get rid of Saddam, but Judge Martinez is now a United States equate and unsatisfactory record, the leave his bureaucracy in power, will District Judge for the Southern Dis- Senate should not confirm a nominee that be a victory? Or, as General Zinni trict of Florida. to such an important position. has said, will we be doing what we did When Democrats oppose Mr. Estrada, IRAQ in Afghanistan—drive the old Soviet we are standing with these groups. We Mr. President, tomorrow, the United Union out and let something arguably are standing up for the rights of Nations inspectors will report to the worse emerge? Latinos and other minorities. In fact, Security Council about Iraq’s weapons This should be a basic consideration it has been Senate Republicans who of mass destruction. In all likelihood in committing American lives to this have unfairly blocked the confirmation we will continue to hear from Mr. Hans war. Our country should know what we of Latino nominees. The last Repub- Blix that the inspections are pro- are fighting for. But the administra- lican-controlled Senate unfairly re- ceeding, but that Iraqi authorities need tion has failed to define even this most fused to confirm eight—eight—quali- to be much more cooperative. We know basic question for the American people. fied Latino nominees. Two who were that the administration is lobbying Mr. Second, the President must explain nominated to the Fifth Circuit Court of Blix to submit the strongest possible whether we are doing all we can to see Appeals from Texas were not even case that Iraq is not cooperating. that America will be secure at home. A given hearings by the Republicans. We all agree that Saddam Hussein is war in Iraq may well strengthen al- The Fifth Circuit is one of the areas a dangerous and deceptive dictator. We Qaida terrorists, not weaken them, es- where the highest percentage of mi- live in a dangerous world and Saddam pecially if the Muslim world opposes norities in this country live. Where must be disarmed. The question is how us. We have not broken Osama bin were our Republican colleagues when to do it in a way that minimizes the Ladin’s will to kill Americans. Our Na- these qualified judges were waiting for risks to the American people at home, tion has just gone on new and higher confirmation? Where were our Repub- to our armed forces, and to our allies. alert because of the increased overall lican colleagues when Richard Paez I am still hopeful that we can avoid threat from al-Qaida. What if al-Qaida waited for confirmation longer than war. War should always be a last re- decides to time its next attack for the any other nominee in U.S. history? sort. day we go to war? The war against al- Where were they? They were in control Earlier today, President Bush quoted Qaida must remain our top priority. of the Senate. President Kennedy and referred to the In fact, our Nation’s intelligence ex- When Republicans call on us to Cuban missile crisis. President Bush perts have maintained consistently rubberstamp a judicial nominee, tell- praised my brother for understanding since 9/11 that al-Qaida terrorism is the ing us that we have no right to look that the dangers to freedom had to be greatest threat to our security here at into his record to see what kind of confronted early and decisively. home. They also fear that an American judge he may be, they are ignoring President Kennedy did understand attack on Iraq will only make matters their own history, and they are ignor- this. But he also genuinely believed worse by inflaming anti-American sen- ing the proper role of the Senate. that war must always be the last re- timents across the Arab world. President Bush, more than perhaps any sort. When Soviet missiles were discov- Third, the President must fully ex- other President, has made it his goal to ered in Cuba—missiles far more threat- plain how long, even after the war pack the courts with judges who will ening to us than anything Saddam has ends, we will have to commit our forces roll back basic Federal rights, includ- today—some leaders in the highest and economic resources to deal with ing civil rights, workers’ rights, and councils of our government urged an the consequences of the war. This war environmental protections. Ideology immediate and unilateral strike. In- will be different than the Gulf war. We clearly guides the President’s decision stead, the United States took its case will not stop short of Baghdad. If we to nominate judges. It clearly guided to the United Nations, won the en- want to change the regime, we may the decision to nominate Mr. Estrada. dorsement of the Organization of well have to fight in Baghdad and en- It would be wrong to ask Senators now American States, and persuaded even gage in hand-to-hand combat and

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When the war and not only the Arabs and the move kinds of supportive efforts in terms of is over, our troops will become an occu- towards developing smaller, more eas- health care. pying force, possibly for many years. ily usable nuclear weapons and all of Ask any mayor in any sized city The tribal, ethnic, and religious fault the challenges we would have of being what degree of support they are getting lines that Saddam has held together more attractive to use under certain and whether they believe they are re- through repression may fall apart— circumstances with the dangers of pro- ceiving the kind of assistance they much as they did in the brutal civil liferation and the fact these weapons need—whether it is in the radios, in the wars in the former Yugoslavia, in could be proliferated and stolen and communications, whether it is in the Rwanda, and other countries. used and captured by terrorists. training, whether it is in the wide area Will the United States have to man- On each of these questions, the Presi- of support for public health interests— age Iraq for years to come on our own? dent must reassure the American peo- and you will get the answer that all of Are we prepared to commit billions of ple. They deserve to know that we are us heard—that I heard—within the last American dollars to Iraq for years to not stepping into quicksand and that 10 days when the mayors across this come? Will our troops be part of a this military operation is well thought country came together and met here. United Nations force? Will they be- out. He must convince the Nation that And the answer is clearly: No, no, no, it come sitting targets for terrorists? we are putting as much effort into is not there. Finally, the President must explain thinking about how we get out of Iraq In addition to threatening American whether our Nation is prepared to use as we are about getting into Iraq. lives, Saudi Arabia has indicated it will this war as the new foreign and defense We must take both the short-term ask American troops to leave its soil. policy for the future. Are we prepared and the long-term view of this enor- NATO’s division over war has threat- to invade any nation that poses a mous problem. Whether war with Iraq ened the alliance. The Chairman of the threat? will be a sprint or a marathon we must Federal Reserve, Alan Greenspan, has Iran, Libya—forget Libya. Pan Am always remember the finish line. said uncertainty over Iraq is slowing 103; 67 American servicemen who were There is no more important decision our Nation’s economy. killed; 13 families in the State of Mas- by Congress or the President under the There you have three activities: sachusetts; scores of families in New Constitution than the decision to send Osama bin Laden, wherever he is, Jersey and other States—a country our men and women in uniform to war. American troops out of Saudi Arabia, that has used chemical warfare against The administration must make a com- division in the alliance, stagnation its neighbors and against Chad in the pelling case that war with Iraq is now here at home in the economy. And we south. the only alternative and explain it to are all blaming Osama bin Laden. We Libya, Iran, with all of the harboring the American people are about to send our troops on into of terrorists and Hamas—the terrorists The administration says we can fight Iraq, not giving inspections a chance to that are so active in Syria, and these a war in Iraq without undermining our finish. The wrong priorities, Mr. Presi- other countries. What are we going to most pressing national security pri- dent. As I mentioned in terms of what we do about these nations as they con- ority—the ongoing war against the are doing here at home, I am concerned tinue to move forward in developing international al-Qaida terrorist net- about the state of our preparedness. weapons of mass destruction? What are work. Clearly, there is much more we need to our policies going to be about them? al-Qaida—not Iraq—is the most im- do at the Federal, State, and local lev- Which country will be next? Will we at- minent threat to our national security. els to strengthen our defenses against a tack them, too? Our citizens are asked to protect them- Are we really prepared, as the admin- terrorist attack. selves from Osama bin Ladin at home First responders are not adequately istration is considering, to radically with a roll of duct tape, while the ad- prepared for a chemical or biological change our nuclear weapons policy and ministration sends the most deadly and attack. The radios are not interoper- use nuclear weapons in Iraq and other sophisticated army in the world to go able, and they lack the training and conflicts? Even contemplating the first to war with Saddam Hussein. Those are gear to protect them in the event of an use of nuclear weapons in Iraq under the wrong priorities. emergency. Ask any of your mayors, as current circumstances and against a On Monday, Tom Ridge, the Sec- I mentioned, across the country. You non-nuclear nation dangerously under- retary of Homeland Security said that will get your answer. mines the crucial and historical dis- the heightened security warning that This isn’t just a Democrat pointing tinction between conventional and nu- has millions of Americans stocking up this out. Last week, our former col- clear arms. It undermines our inter- on food, water, duct tape, and plastic league, Senator Rudman, of the State national commitment to the Nuclear sheeting is connected to al-Qaida and of New Hampshire, said: Non-Proliferation Treaty that we will not ‘‘the possibility of military in- There was no rational answer for the White not consider a first strike against a volvement with Iraq.’’ House failure to seek more funds for the do- country that is a nonnuclear country. On Tuesday, FBI Director Mueller mestic security in the 2004 budget. I’m very If we use the Nation’s nuclear arsenal told the Senate Intelligence Com- concerned. We have to put more money into in this unprecedented way in Iraq, it mittee that ‘‘the Al Qaeda network the Coast Guard, into communications gear, will be the most fateful decision since will remain for the foreseeable future into preparedness for the use of weapons of the nuclear attack on Hiroshima. All of the most immediate and serious threat mass destruction, into police and fire- us are hopeful we will not use the tac- fighters. We have to spend a huge additional facing this country.’’ amount of money on port security. Money tical nukes. We have abundant testi- On Wednesday, CIA Director Tenet isn’t the only answer, but it is a pretty clear mony that our conventional weapons told the Senate Armed Services Com- indication of a nation’s priorities in this are quite capable and able to handle mittee that the heightened alert issued area, and it has not been there in terms of any of the challenges we are going to this week is because of the threat from the support on homeland security. face in terms of deep bunkers and other al-Qaida—not Iraq. Even before the war has begun, we activities. But we have to listen to For any Member of this body who hear of possible threats from a wave of those in the administration who are thinks we have done what we need to suicide bombers. War with Iraq could talking in a different way about the de- do in homeland security, call any swell the ranks of terrorists and trig- velopment of a tactical nuke, and also mayor in your State, call any mayor in ger an escalation in terrorist acts. As about perhaps changing what they con- a major city or a small city in your Gen Wesley Clark told the Armed Serv- sider to be the STRAPP amendment State, and ask them whether they have ices Committee last September, war that limits the research to 5 kilotons received the support for the training of with Iraq could ‘‘super-charge recruit- and the administration’s consideration first responders. Ask them if they have ing for Al Qaeda.’’ of that. the various vaccines, how that program These are real dangers—dangers that Obviously, implications of any use of is going—and it isn’t going, because we the administration has minimized in any nuclear war in Iraq would inflame have failed to develop a compensation its determination to attack Iraq. the people not only of that nation but fund for that and to match our deter- The administration maintains there certainly of Arabs all over the world— mination for vaccines with the other are convincing links between al-Qaida

VerDate Jan 31 2003 17:34 Feb 14, 2003 Jkt 019060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\A13FE6.013 S13PT2 S2396 CONGRESSIONAL RECORD — SENATE February 13, 2003 and Iraq that justify war. But al-Qaida ‘‘It’s more than just skepticism,’’ said one But despite Mr. Zarqaqi’s earlier presence activists are present in more than 60 official, describing the feelings of some ana- in Baghdad, American officials have no evi- countries, including Iran, Pakistan, Af- lysts in the intelligence agencies. ‘‘I think dence linking Iraqi officials to Mr. Foley’s ghanistan, and also in the United there is also a sense of disappointment with killing, or direct evidence that Mr. Zarqawi the community’s leadership that they are is working with the Iraqi government. States. Even in the administration, not standing up for them at a time when the ‘‘All they know is that he was in the hos- there are skeptics about the links with intelligence is obviously being politicized.’’ pital there,’’ one official said. Iraq. Intelligence analysts are con- Neither George J. Tenet, the director of If he is in northern Iraq, American officials cerned that intelligence is being politi- central intelligence, nor the F.B.I. director, believe that Mr. Zarqawi may be with mem- cized to justify war, as the New York Robert S. Mueller III, have publicly engaged bers of a militant group there called Ansar in the debate about the evidence on Iraq in al-Islam. There is evidence that he has links Times pointed out in a recent article to the group, and that he may have been which I will ask to be printed in the recent weeks, even as the Bush administra- tion has intensified its efforts to build the working with it to develop poisons for use in RECORD. case for a possible war. terrorist attacks, possibly including a recent Mr. President, I ask unanimous con- The last time Mr. Tenet found himself at plot to poison the food supply of British sent that article be printed in the the center of the public debate over intel- troops. RECORD. ligence concerning Iraq was in October, when But intelligence officials say there is dis- There being no objection, the mate- the Senate declassified a brief letter Mr. agreement among analysts about whether rial was ordered to be printed in the Tenet wrote describing some of the C.I.A.’s there are significant connections between Ansar al-Islam and the Baghdad government. RECORD, as follows: assessments about Iraq. His letter stated that the C.I.A. believed Some administration officials, particularly SPLIT AT C.I.A. AND F.B.I. ON IRAQI TIES TO that Iraq had, for the time being, probably at the Pentagon, have argued that Ansar al- AL QAEDA decided not to conduct terrorist attacks with Islam has close ties to the Iraqi government, (By James Risen and David Johnston) conventional or chemical or biological weap- but other intelligence officials say there is WASHINGTON, Feb. 1—The Bush administra- ons against the United States, but the letter only fragmentary evidence of such a link. tion’s efforts to build a case for war against added that Mr. Hussein might resort to ter- Intelligence professionals have expressed Iraq using intelligence to link it to Al Qaeda rorism if he believed that an American-led fewer reservations about the administra- and the development of prohibited weapons attack was about to begin. tion’s statements concerning Iraq’s weapons has created friction within United States in- Alliances within the group of officials in- programs. There is broad agreement within telligence agencies, government officials volved have strengthened the argument that intelligence agencies that Iraq has continued said. Mr. Bush should take a firm view of the evi- its efforts to develop chemical, biological, Some analysts at the Central Intelligence dence. ‘‘Wolfowitz and Hadley are very com- and probably nuclear weapons, and that it is Agency have complained that senior admin- patible,’’ said one administration official. still trying to hide its weapons programs istration officials have exaggerated the sig- ‘‘They have a very good working relation- from United Nations inspectors. Officials said the United States had ob- nificance of some intelligence reports about ship.’’ Iraq, particularly about its possible links to There were some signs that Mr. Powell tained communications intercepts that show terrorism, in order to strengthen their polit- might not present the administration’s most Iraqi officials coaching scientists in how to ical argument for war, government officials aggressive case against Iraq when he speaks avoid providing valuable information about said. to the United Nations, leaving such a final Iraq’s weapons programs to inspectors. At the United Nations, Mr. Powell may also dis- At the Federal Bureau of Investigation, definitive statement to the president in play American satellite photographs showing some investigators said they were baffled by some future address. the Bush administration’s insistence on a ‘‘You won’t see Powell swing for the Iraqi officials moving equipment and mate- solid link between Iraq and Osama bin fences,’’ the official said. ‘‘It will not be the rials out of buildings before they can be in- Laden’s network. We’ve been looking at this end-all speech. The president will do that. spected by the United Nations. Still, there have been disagreements over hard for more than a year and you know The president has to lay it out in a more de- specific pieces of intelligence used publicly what, we just don’t think it’s there,’’ a gov- tailed way.’’ ernment official said. Deputy Secretary of State Richard L. by the White House to make its case, includ- The tension within the intelligence agen- Armitage told the Senate Foreign Relations ing the significance of one report that Iraq cies comes as Secretary of State Colin L. Committee last Thursday that Mr. Powell had imported special aluminum tubes for use Powell is poised to go before the United Na- would not assert a direct link between the in its nuclear weapons program. In testimony before the Senate Foreign tions Security Council on Wednesday to Iraqi government and the September 11 at- Relations Committee on Thursday, Mr. present evidence of Iraq’s links to terrorism tacks on New York and Washington. and its continuing efforts to develop chem- In demonstrating that there are links be- Armitage acknowledged that the administra- ical, biological and nuclear weapons and tween Iraq and Al Qaeda, Mr. Powell is ex- tion had at times relied on inconclusive re- long-range missiles. pected to focus on intelligence about pos- ports that had not served to strengthen Interviews with administration officials sible connections between Mr. Hussein, an Is- Washington’s case. He agreed with the suggestion of Senator revealed divisions between, on one side, the lamic militant group that may have pro- Joseph R. Biden Jr. of Delaware, the com- Pentagon and the National Security Council, duced poisons in a remote region of northern mittee’s ranking Democrat, that the admin- which has become a clearinghouse for the Iraq and a Qaeda terrorist leader, Abu istration should instead stick with the indis- evidence being prepared for Mr. Powell, and, Mussab al-Zarqawi. Much of the intelligence putable evidence that Iraq has in the past on the other, the C.I.A. and, to some degree, had been publicly known for months. stockpiled chemical weapons, tried to make the State Department and agencies like the Some of the most recent intelligence re- biological weapons, and has continued to de- F.B.I. lated to Mr. Zarqawi centers on charges that In the interviews, two officials, Paul D. ceive United Nations inspectors. he orchestrated the plot on Oct. 28 in ‘‘As we used to say in the Navy, KISS, Wolfowitz, deputy defense secretary, and Amman, Jordan, in which two Qaeda fol- ‘Keep it simple, sailor,’ ’’ Mr Armitage said. Stephen J. Hadley, deputy national security lowers—under Mr. Zarqawi’s direction— ‘‘Go with your strong points.’’ adviser, were cited as being most eager to in- stalked and shot to death Laurence Foley, terpret evidence deemed murky by intel- an American diplomat. Mr. KENNEDY. Although the U.N. ligence officials to show a clearer picture of In December, the Jordanian authorities an- inspectors have found no evidence so Iraq’s involvement in illicit weapons pro- nounced that the two men had confessed to far of a revived nuclear weapons pro- grams and terrorism. Their bosses, Defense killing Mr. Foley and that they had been di- gram in Iraq, there is ample evidence Secretary Donald H. Rumsfeld and the na- rected by Mr. Zarqawi. in North Korea. North Korea possesses tional security adviser, Condoleezza Rice, The connection to the Foley killing was 8,000 spent nuclear fuel rods capable of have also pressed a hard line, officials said. important because the United States had being reprocessed, by May, into enough A senior administration official said dis- evidence that Mr. Zarqawi, a Jordanian of cussions in preparation for Mr. Powell’s pres- Palestinian descent, has spent time in Bagh- plutonium to make up to 6 nuclear entation were intense, but not rancorous, dad earlier in 2002. American officials de- bombs. With inspectors gone and North and said there was little dissension among scribe Mr. Zarqawi as a major figure in Al Korea gone from the Non-Proliferation President Bush’s top advisers about the fun- Qaeda’s leadership and say that after he was Treaty, we face an urgent crisis, with damental nature of President Saddam Hus- wounded in the fighting in Afghanistan after nothing to prevent that nation from sein’s government. ‘‘I haven’t detected any- September 11, he made his way to Iraq in the quickly producing a significant one who thinks this a not compelling case,’’ spring of 2002. amount of nuclear materials and nu- the official said. He was hospitalized in Baghdad for treat- clear weapons for its own use, or for Mr. Bush asserted in his State of the Union ment of his wounds, and then disappeared in address this week that Iraq was protecting August, after Jordanian officials told the terrorists hostile to America and our and aiding Qaeda operatives, but American Iraqi government they knew he was there. allies. intelligence and law enforcement officials There have been recent reports that he is in North Korea has already provided said the evidence was fragmentary and in- hiding in northern Iraq, but that has not yet missiles to deliver chemical, biologi- conclusive. been confirmed. cal, and nuclear weapons to terrorist

VerDate Jan 31 2003 17:34 Feb 14, 2003 Jkt 019060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.058 S13PT2 February 13, 2003 CONGRESSIONAL RECORD — SENATE S2397 states, including Iran, Syria, and before the gulf war, says could look trating on the argument in opposition Libya. We understand that. North ‘‘like the last 15 minutes of ‘Saving to Mr. Estrada, they have gotten off Korea has already provided the mis- Private Ryan.’ ’’ extensively on to other issues. siles to deliver chemical, biological, Nor has the administration fully ex- I go back to the same question we and nuclear weapons to terrorist plained the ramifications of large-scale have asked: Why do we not vote on Mr. states. Desperate and strapped for mobilization of the National Guard and Estrada? What is the reason you have cash, North Korea can easily provide Reserve—especially its effect on police, that Mr. Estrada should not be con- nuclear weapons or weapons grade plu- firefighters, and others, who will be on firmed as President Bush’s nominee to tonium to terrorist groups, which duty for Iraq but who are needed on the the Circuit Court for the District of Co- could be used against us in the very front lines here at home if there is a lumbia? near future. And we are talking about terrorist attack on the homeland. In There has been a lot of debate about the production of weapons grade pluto- Massachusetts, 2,000 citizens have been what was said and the opinion that nium in the next few weeks. There is called to active duty in the Armed came out of the conversation between no division of opinion on that, abso- Forces. Many of them are police, fire- Mr. Estrada and the Hispanic Caucus lutely none. There is no division of fighters, first responders, and other over on the House side. Let me tell you opinion on that. As some have de- health workers. about some of the folks in the Hispanic scribed it, it would be a cash cow for Nor has the administration been can- community who have come out in sup- North Korea that is absolutely did about the humanitarian crisis that port of the nomination of Mr. Estrada: strapped for cash. could result from war. The League of United Latin American Despite these alarm bells, the admin- Refugee organizations are des- Citizens, which is the Nation’s oldest istration refuses to call the situation perately trying to prepare for a flood of and largest Hispanic civil rights orga- on the Korean peninsula what it is: a as many as 900,000 refugees. Billions of nization, has come out in support of genuine crisis. If this is not a crisis, I dollars and years of commitment may the nomination and confirmation of don’t know what is. well be needed to achieve a peaceful Mr. Estrada; the U.S. Hispanic Cham- The administration refuses to di- post-war Iraq, but the American people ber of Commerce; the Hispanic Na- rectly engage the North Koreans in still do not know how that process will tional Bar Association; the Hispanic talks to persuade North Korea to end unfold and who will pay for it. Business Roundtable; the Latino Coali- its nuclear program. By ignoring the No war can be successfully waged if tion; the National Association of Small North Korean crisis in order to keep it lacks the strong support of the Disadvantaged Businesses; the Mexican focus on Iraq, the administration has American people. Before pulling the American Grocers Association; the kept its eye on the wrong place. trigger on war, the Administration Phoenix Construction Services; the The administration says we can han- must tell the American people the full Hispanic Chamber of Commerce of dle the war in Iraq, we can handle the story about Iraq. So far, it has not. Greater Kansas City; the Hispanic En- war against al-Qaida, and we can deal I yield the floor. gineers Business Corporation; the with the problems of the nuclear crisis The PRESIDING OFFICER. The Sen- Hispano Chamber of Commerce de Las in North Korea. Any administration ator from Georgia. Cruces; Casa Del Sinaloense; the Re- should seek to avoid three simulta- Mr. CHAMBLISS. Mr. President, I publican National Hispanic Assembly; neous foreign policy crises. In this ask unanimous consent to speak in Hispanic Contractors of America, Inc., case, we can, and we should, by not support of the nomination of Miguel and Charo Community Development rushing to war with Iraq. Estrada. Corporation—a long and distinguished It is far from clear that we will be The PRESIDING OFFICER. The Sen- list of Hispanic entities that have come safer by attacking Iraq. In an October ator has that right. out in strong support of the nomina- 7, 2000, letter to the Senate Committee Mr. CHAMBLISS. Mr. President, I tion and confirmation of Miguel on Intelligence, CIA Director George recognize that we are now in our ninth Estrada. Tenet said the probability of Saddam day of debate leading up to an ultimate Let me go further and quote from Hussein initiating an attack on the vote on whether or not Miguel Estrada statements from some individuals who United States was low. But his letter should be confirmed as the nominee of are involved in some of these organiza- said: ‘‘should Saddam Hussein conclude President George W. Bush to the Cir- tions. The League of United Latin that a U.S.-led attack could no longer cuit Court of Appeals for the District American Citizens, the oldest and larg- be deterred, he probably would become of Columbia. As part of the debate on est Hispanic civil rights organization— much less constrained in adopting ter- both sides of the aisle, there has been a the president of that organization is a rorist actions.’’ continual question asked on this side gentleman named Dovalina. Here is Yesterday, Admiral Jacoby, the Di- of our friends by the other side who are what he says about Miguel Estrada: rector of the Defense Intelligence in opposition to the appointment and On behalf of the League of United Latin Agency, told the Senate Armed Serv- confirmation of Mr. Estrada. That American Citizens, the nation’s oldest and question has been: Give us a reason we largest Hispanic civil rights organization, I ices Committee that Saddam Hussein write to express our strong support for the would use weapons of mass destruction should not have a vote on whether or confirmation of Miguel Estrada. . . .Few His- ‘‘when he makes the decision that [his] not Mr. Estrada should be confirmed. panic attorneys have as strong educational regime is in jeopardy.’’ CIA Director I have great respect for the Senator credentials as Mr. Estrada, who graduated Tenet agreed with this assessment. from Massachusetts. He has certainly magna cum laude and Phi Beta Kappa from This assessment begs the question: If been a part of this institution for a Columbia and magna cum laude from Har- Saddam will not use weapons of mass long time. I listened very closely to his vard Law School, where he was editor of the destruction against the United States comments which I respect. And I re- Harvard Law Review. He also served as a law until his regime is about to fall, why is spect his opinion and his right to hold clerk to the Honorable Anthony M. Kennedy in the United States Supreme Court, making it in our national security interest to his opinion in opposition to Mr. him one of a handful of Hispanic attorneys provoke him into using them? Estrada. But I think what we have just to have had this opportunity. He is truly one The administration must be more heard for the last 20 minutes is very in- of the rising stars in the Hispanic commu- forthcoming about the potential dicative of what we have heard for the nity and a role model for our youth. human costs of war with Iraq, espe- last 9 days. And that is, there is no rea- The Latino Coalition, of which the cially if it pushes Saddam into son Mr. Estrada should not be con- president is, Mr. Robert Deposada— unleashing whatever weapons of mass firmed. here is what he said about Mr. Estrada: destruction he possesses. The adminis- There have been reasons put forth To deny Latino’s, the nation’s largest mi- tration has released no casualty esti- from the other side, and every time one nority, the opportunity to have one of our mates, and they could be extremely of those reasons has been put forth, the own serve on this court in our nation’s cap- high. Many military experts have pre- chairman of our committee, Senator ital is unforgivable. dicted urban guerilla warfare—a sce- HATCH, or someone else, has risen to re- The president of the United States nario which Retired General Joseph fute that argument. What the other Hispanic Chamber of Commerce, Ms. Hoar, who had responsibility for Iraq side has now done is, instead of concen- Elizabeth Lisboa-Farrow, stated:

VerDate Jan 31 2003 17:34 Feb 14, 2003 Jkt 019060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.059 S13PT2 S2398 CONGRESSIONAL RECORD — SENATE February 13, 2003 We unanimously endorse this nominee and know him to be a person who is very Well, let me say that if that were the strongly urge you to move on the confirma- deliberate in the way he presents him- case, if experience in an area in our tion of Miguel Estrada. As a judge, he will be self on that committee. So I have no line of work, politics, was a require- a credit to the federal judiciary, the Presi- doubt that at the time of Mr. Estrada’s ment to be elected, I never would have dent, Hispanics, and all Americans. hearing in September of last year, Mr. been elected to the House of Represent- That emphasizes something I said on Estrada was treated very fairly and atives where I gained experience before the floor a few days ago. There has was given due accord. I was elected to the Senate. I had never been a lot of debate about Mr. Estrada One of the criticisms that has been run for political office before. You being a Latino. Mr. Estrada is a repeated today is the fact Mr. Estrada, know what? I brought a lot of assets to Latino. I am sure he is very proud of during the course of that hearing, in the House of Representatives because I that. But the thing I like about Mr. September of last year, was that he was not involved in politics before. I Estrada is that he is qualified to be ap- was nonresponsive to questions that had about 72 other Republican class- pointed to the Circuit Court for the DC were presented. Under the leadership of mates in my class in 1994. Some of Circuit. He is qualified because he is an Senator LEAHY, the hearing began at them had been involved in politics. The intellectual. He is bright. His record around 10 o’clock in the morning. I am one common thread we all had was proves that. He is a world class lawyer told it lasted until 5:30 in the evening; that we came from a business back- who happens to be a Latino. This man and although there were few district ground. Most of us have had to meet a needs to be appointed and confirmed to court nominees who were also testi- payroll, and we knew and understood the DC Circuit Court of Appeals be- fying at that hearing, the great bulk of about business and about balancing cause he is a good lawyer. Even more the time was given to Mr. Estrada. budgets. And one of the focuses of the than that, he is an outstanding lawyer. That is the case, as I have seen it, over class of 1994 in the House of Represent- The president of the Hispanic Na- the last several weeks since I was atives was to move forward to balance tional Bar Association, Mr. Rafael elected and sworn in as a Member of the budget of this country, which had Santiago, stated as follows: this body and appointed to the Judici- not been balanced for decades prior to The Hispanic National Bar Association, na- ary Committee. that election. We achieved that. We tional voice of over 25,000 Hispanic lawyers After the hearing, every member of achieved it because we knew and un- in the United States, issues its endorsement. the Judiciary Committee was given an derstood that is what was required of . . .Mr. Estrada’s confirmation will break opportunity not just to ask every ques- families in America who sit around new ground for Hispanics in the judiciary. The time has come to move on Mr. Estrada’s tion they wanted to ask, but if they their kitchen table every single month, nomination. I urge the Senate Committee on weren’t satisfied with the answers they and it was only right to ask Congress the Judiciary to schedule a hearing on Mr. received, whether it was what they to do that. That is the kind of lack of Estrada’s nomination and the U.S. Senate to wanted to hear or not, they had the op- political experience that my class had bring this highly qualified nominee to a portunity to ask that Mr. Estrada when we were elected in 1994. vote. come back for another series of ques- For the contention to be made that Mr. Henry T. Wilfong, Jr., president tions. But they did not do so. He was Mr. Estrada has no judicial experience of the National Association of Small not asked to come back and appear be- and that is why he ought not to be con- Disadvantaged Businesses, stated as fore the Judiciary Committee again. firmed, I think is just ludicrous. I follows, in a letter to Senator LEAHY In addition to that, at every hearing think because he lacks judicial experi- on July 12, 2001: we have on judicial nominees—and I ence, that may be an asset. There have The [National Association of Small Dis- know this to have been the case last been some pretty significant judges ap- advantaged Businesses] would like to add our year under the direction of Senator pointed to the bench who did not have support . . . for Miguel Estrada’s nomination LEAHY—every member of the Judiciary judicial experience. Byron White, nom- as United States Court of Appeals Judge for Committee has the opportunity to sub- inated by President Kennedy, and Wil- the District of Columbia Circuit. mit written questions to every nomi- liam Rehnquist, currently Chief Jus- Mr. Estrada is a brilliantly talented and nee who has their confirmation hearing tice of the U.S. Supreme Court, had no accomplished attorney who will make an outstanding addition to the prestigious DC before the Judiciary Committee. So if judicial experience when they were ap- Circuit. . . .While we do not dwell on sym- there was any member of that com- pointed to the court. Of the eight bolism, we feel that Mr. Estrada’s appoint- mittee who was not satisfied with the judges who are today serving as mem- ment as the first Hispanic member of the DC answers they received, or wanted a bers of the same court to which we Circuit will be of benefit to us in further il- written answer in addition to the seek to have Mr. Estrada nominated, lustrating the wide range of talent in the mi- verbal answer that was given that day, five had no previous judicial experience nority communities, just wanting to be ef- or if they didn’t feel as if the nominee at the time they were nominated and fectively and fully used. was being totally forthcoming, they confirmed by this body. I don’t know Well, I could go on quoting comments could ask the question again and get whether the same objection was raised from other members of the Hispanic or- an answer in writing. then or not, but if it was, it has obvi- ganizations around the country. All of After the hearing of Mr. Estrada be- ously been proven that it was not a the major Hispanic organizations have fore the Judiciary Committee, only valid objection. said this man needs to be confirmed to two Democratic Senators submitted There has been an allegation that the the DC Circuit Court of Appeals. He written questions. Some of those folks administration has refused to produce needs to be confirmed, yes, because we who are on the other side of the aisle, memoranda that Mr. Estrada wrote as are proud of him as a Latino, but he over the last 9 days who have been an Assistant to the Solicitor General. needs to be confirmed because he is one complaining the loudest about not Mr. Estrada was Assistant to the Solic- of America’s outstanding lawyers. knowing enough about Mr. Estrada, did itor General both in the Clinton admin- Now, some of the criticism that has not submit any written questions at istration as well as in the Bush admin- been directed at Mr. Estrada has been all. Is that fair? Is that reasonable? Is istration. There is just a wealth of for totally unfounded reasons. I wish to that the way this body ought to func- knowledge that he gained by virtue of talk about a couple of those. I wasn’t tion with respect to the confirmation the fact that he worked for the Govern- here back in September of 2002, when of our judicial nominees? I don’t think ment in addition to serving in the pri- the hearing of Mr. Estrada was held be- so. I don’t think that is the way our vate sector as a lawyer. fore the Senate Judiciary Committee. Founding Fathers intended this body But while he was in the Solicitor But at that point in time, the Judici- to operate. General’s Office, sure, he did what his ary Committee was controlled by the Let me look at another couple of ob- boss told him to do. If it required re- Democrats. The chairman of that com- jections that have been raised by the search and giving his boss a memo- mittee was Senator LEAHY, who I have other side with respect to Mr. Estrada. randum on a particular issue, he did come to know. He is a very fair man. There has been an issue regarding the what he was told to do and, obviously, He is a very strong advocate for his be- fact that he has no judicial experience did it in a very efficient manner, be- liefs. But I have seen him operate with- and, therefore, he should not be con- cause every single living Solicitor Gen- in the Judiciary Committee, and I firmed. eral has come forward, including those

VerDate Jan 31 2003 17:34 Feb 14, 2003 Jkt 019060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.061 S13PT2 February 13, 2003 CONGRESSIONAL RECORD — SENATE S2399 for whom Mr. Estrada worked, and has other colleagues on this side of the of the Senate’s approval of asserting said that it would be improper for the aisle. himself as a viable candidate for the Justice Department to produce the I come out of the business world. I United States Court of Appeals; that he memoranda that Mr. Estrada worked think of how I might react if I were is unwilling to open up his views to the on and provided to his boss. And also, interviewing a senior executive can- people who are responsible for making the Solicitor General for whom he didate, and if that individual refused to the judgment. worked, both in the Clinton adminis- answer relevant questions about his ex- Last night, I listened eagerly to the tration as well as in the Bush adminis- perience or her views, or what kind of debate that took place. I listened to tration, have both talked about how a life attitude had developed in that the distinguished chairman of the Judi- highly qualified and how competent person’s mind, I sure would not be put- ciary Committee—a friend, someone I this individual is. ting them on my payroll. have known for a long time—talk For an objection to be made that he To respond to our colleague from about how unfair we are being to the failed to produce memoranda that the Georgia who raises legitimate ques- President of the United States in not Justice Department says would not be tions about why there is opposition on giving him full recognition of the fact proper to present, and that Republican our side, the Senator challenges the he is the President and he is entitled to and Democratic Solicitor Generals say fact that Mr. Estrada’s lack of experi- make his recommendation. The Con- would not be proper for the Justice De- ence—I think if I heard him correctly— stitution is so clear. The Constitution partment to present, I think totally could even be an asset. says the nomination has to come to the negates any argument about the fact The Senator also alluded to the fact Senate for advice and consent. That is that those memoranda have not been he came here without experience. I cer- the process. We are not violating any produced. tainly did. I came here directly from rule by raising these questions. I could go on and on about the issues the business community. I came here Last night, it was even insinuated relative to Mr. Estrada’s nomination without experience. He and I and the there might be some racial issue tied that had been presented by the other occupant of the Chair have a job that is up here, and that borders on the ludi- side. I repeat, every time one of those less than permanent. My colleague crous. I point out that the Puerto issues has been raised, Chairman from Georgia and my colleague in the Rican Legal Defense and Education HATCH or some other member on this Chair got here because they terminated Fund, the Mexican American Legal De- side has totally refuted that argument. someone else’s tenure in office. If that fense and Educational Fund, the Na- I go back to the point of why are we was the condition, if we were not talk- tional Council of La Raza, NAACP, and here? Why are we, 100 Members of this ing about a lifetime appointment, we the Congressional Hispanic Caucus all body, here? We are here to do the peo- would not be having this debate, in my oppose Mr. Estrada’s nomination. ple’s work. We are here to do what is in view. I am sure we would have had a These organizations obviously are not the best interest, not just of our con- vote and probably approved for Mr. prejudiced against Hispanics. stituents, but in the case of judges, we Estrada to assume the appeals court Any illusion, any suggestion, any in- are required—and I agree with the Sen- bench. sinuation that there could be a racial ator from Massachusetts, we ought not That is not the case. Nor is it the concern here is an outrageous claim. be a rubberstamp. But we have a proc- case that the advise and consent rela- So we are going to leave those com- ess we go through to nominate and tionship of a recommendation that ments behind. They are without merit confirm judges. We ought to have full, comes from the President means auto- and without consideration. I have real open, and free debate on each and every matic consent. We are supposed to take substantial concerns about this nomi- one of those nominees, and we have these responsibilities seriously. I am nee. done that. not a lawyer, but I feel the full meas- His former supervisor at the Justice We are here to do the work of the ure of a democracy is the way justice is Department concluded: people of the United States of America. dispensed. We have a separation of He lacks the judgment and is too much of The people of the United States of powers to make sure there are checks an ideolog to be an appeals court judge. America elected us to have full, free, and balances. That is why we protect We have a right to hear what his and open debate on judges, as well as the judiciary from being tossed out of views are. It is especially troubling be- the many other issues with which we office willy-nilly. They are able to ex- cause we are talking about a nominee have to deal. We have done that. We ercise their will and exercise it to the to the DC Circuit, the most important have had 9 days of debate on the nomi- best of their ability. But we have an court outside the Supreme Court in nation of Miguel Estrada. It is time obligation to confirm what the best of this country. The DC Circuit overseas now that we do what the people elected their ability is. enforcement of critical environmental, us to do, and that is to vote. If a Mem- I am not happy about entering this consumer, and worker protection laws. ber thinks he ought not be confirmed, discussion like this because I do have Three sitting U.S. Supreme Court Jus- vote against him. respect for colleagues on the other side tices have come from the DC Circuit. It I think he ought to be confirmed be- of the aisle. I think they should have is an enormously important position cause he is well qualified and his time every right to add their views of sup- and it is, once again, a lifetime posi- to go to the Federal bench has come. I port, to register those views as dili- tion. am going to vote to confirm him. Be- gently and as forcefully as we have If we were to do anything except cause we are here as elected officials seen. fully exercise our conscience to make and because we have a duty to rep- This is a two-way street. When a sure that we understood as clearly as resent not just the people who sent us Democratic President sent up nomina- each one of us has not only the right but the people of America when it tions, the delays were interminable. We but the obligation to do to examine comes to the confirmation of judges, heard last night about 1,500-day delays what this individual brings to the posi- we owe those people who sent us here without being able to get a hearing. tion, we would be shirking our respon- and the people all across America a re- That is over 4 years. sibilities. sponse to that obligation. We should I register my opposition to the con- Last night we heard talk about the move this nomination forward to a firmation of Mr. Estrada for the Cir- fact that the Mexican American Legal vote. cuit Court of Appeals for the District Defense and Educational Fund, and I yield the floor, Mr. President. of Columbia. My opposition stems from other groups, have raised concerns The PRESIDING OFFICER. The Sen- several reasons, particularly questions about Mr. Estrada’s view on a subject ator from New Jersey. about his unwillingness to come for- that I am particularly concerned Mr. LAUTENBERG. I thank the ward to discuss his views, to say to the about: racial profiling. The concern is Chair. American people—because they are ul- that Mr. Estrada’s support for so-called Mr. President, I wish to take an op- timately the folks who are listening— antiloitering laws were actually a portunity to discuss the appointment that he is unwilling to participate in guise for racial profiling. of Miguel Estrada to the circuit court the system as it exists; that he is chal- Racial profiling is a terrible problem. and to raise an objection I share with lenging the advice and consent aspect We had a very difficult time in the

VerDate Jan 31 2003 17:34 Feb 14, 2003 Jkt 019060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.063 S13PT2 S2400 CONGRESSIONAL RECORD — SENATE February 13, 2003 State of New Jersey with that issue. I that. I do not think this nominee Miguel Estrada to the U.S. Court of introduced racial profiling prohibition should move forward until serious Appeals for the District of Columbia. legislation in the Senate, and I am questions about his legal philosophy Throughout my service in the Senate, pleased to work with my colleague have been answered. we have struggled with judicial nomi- from Wisconsin, Senator FEINGOLD, on Some of my colleagues on the other nations. I know we can make the proc- that issue now. side act as if this is unprecedented for ess work. Driving while black, walking while a Presidential nominee to not receive a In Washington State, I worked with a Hispanic—we have heard those vote, but there were Clinton nominees Republican Senator and a Democratic phrases—should not be crimes. I think who could not even receive a hearing, President to nominate and confirm the courts must do all they can to pre- no less a vote. I wish to remind the Federal judges, and today, with a Re- vent this practice. I am worried that Senate of some of the names we heard publican President I am working with Mr. Estrada’s views go in another di- from our Democratic whip the other my Democratic colleague from Wash- rection. day, people such as Judith McConnell, ington State on a bipartisan process to Another major problem with this John Tait, John Snodgrass, Patrick recommend judicial candidates. nominee is that he seems to be hiding Toole, Wenona Whitfield, Leland I have also seen the process work in the ball, not playing the game the way Shurin, John Bingler, Bruce Greer, Sue the Senate. My Democratic Senate col- it ought to be, refusing to discuss his Ellen Myerscough, Cheryl Wattley, Mi- leagues agreed to confirm 100 Federal basic legal theories and beliefs. The chael Schattman, James A. Beaty, Jr.; judges during the period of the 107th Constitution does not say the Presi- J. Rich Leonard, Anabelle Rodriguez- Congress when Democrats were in the dent of the United States has a unilat- Rodriguez, Helene White, Jorge Rangel, majority. That is a great accomplish- eral right to put anybody he wants to Jeffrey Coleman, James Klein, Robert ment for a Democratic Senate and a on the Federal bench. Presidential ap- Freedberg, Lynette Norton, Robert Republican President. There were also periods during the pointments require, as I said before, Raymar, a fellow from New Jersey Clinton administration where the Re- the advice and consent of the Senate, whose name came up, could not get a publican Senate confirmed significant and that certainly does not suggest hearing, Legrome Davis, Lynne Lasry, numbers of judges appointed by a automatic consent. Barry Goode, H. Alston Johnson, Democratic President. It is important We have a constitutional obligation James Duffy, Elana Kagan, James to put this standoff in the proper con- to evaluate the President’s choices. As Wynn, Kathleen McCree-Lewis, text. We are considering a nominee to all judicial nominees, Mr. Estrada had Enrique Moreno, James Lyons, Kent the DC Circuit Court which is widely his job interview before the Judiciary Markus, Robert Cindrich, and the list acknowledged as the second highest Committee. At his Judiciary Com- of those who waited for such long peri- mittee hearings, Mr. Estrada refused to court in our country. ods is rather lengthy. We are talking This court has jurisdiction over a answer important questions. My col- about 57 nominees who were never al- broad array of critical issues involving leagues who serve on that committee lowed votes by the Republican-con- workers rights, civil liberties, disabil- asked the appropriate questions about trolled Senate: 31 circuit and 48 district ities, and environmental regulations. his judicial philosophy, such as his judges, 57 of those never allowed votes; Judges at the DC Circuit Court are views on key Supreme Court decisions, 31 circuit court nominees, 22 blocked often given serious consideration for but he failed to respond or was unwill- from getting a vote or being confirmed. service on the United States Supreme ing to respond to fundamental and sim- There is person after person. One per- Court. This is a lifetime appointment. ple questions expected of a nominee be- son waited more than 1,500 days, He- Neither the President nor the Senate fore that committee. lene White, never to be allowed a hear- can revisit this nomination once it has I mentioned that before I came to the ing or a vote. Richard Paez waited been confirmed. Senate I ran a pretty good sized com- more than 1,500 days, finally con- All of these factors—the importance pany, and when we would interview firmed. The list goes on. of the DC Circuit, the potential of con- people for important positions in our So when I hear the complaining sideration for the Supreme Court, and company we would expect them to be about how unfair the Democrats have the lifetime appointment—signal Mem- completely responsive to our inquiries. been, I just say look back over our bers to proceed with caution. We are If someone was evasive, refused to an- shoulder not too long ago and see the not considering a nomination to a com- swer reasonable questions, we would number of people who waited and wait- mission or an ambassadorship or some not hire them. It would not be fair to ed and could not get any attention at other Senate-confirmable position. our shareholders, our customers, and all. This is different. This is a lifetime ap- the other employees of the company to Mr. Estrada is getting attention, a pointment for a Federal judge whose hire someone who refused to answer lot of attention, and if he was respon- rulings over the next 30 or 40 or more basic questions about how they would sive appropriately, I am positive a vote years will have ramifications for every handle the job. would have taken place and we would single American. In the case of Miguel Estrada, we all have registered our opinion. I respect President Bush’s role in have someone who refused to answer I yield the floor. nominating Miguel Estrada. I respect questions regarding his nomination for The PRESIDING OFFICER. The Sen- the majority’s right, working with the a lifetime position. We, in the Senate, ator from Nevada. President, from the same party, to have a constitutional responsibility to Mr. REID. Mr. President, Senator promptly move judicial appointments. review the nominees fully and have our BYRD wished to come to the floor and I come to the floor today to ask my consciences clear when we decide their speak for about 45 minutes. I spoke to colleagues to respect the Senate’s con- fate. This nomination should not move him a few minutes ago. He indicated he stitutional advice and consent respon- forward because Mr. Estrada has left would be ready to go at quarter after 5. sibilities. As Senators, we are elected too many questions unanswered. He The Senator from Washington wishes to serve our constituents. We are asked has kept many of his views on impor- to speak for 10 or 12 minutes. So I do to confirm judges whose decisions can tant legal matters a mystery, and that not think it would greatly inconven- change U.S. history and shape the lives is not how this process should work. ience anyone if I ask unanimous con- of the American people for generations That is not how it is going to work. sent that the Senator from Washington to come. That is a tremendous respon- This has nothing to do with anyone’s be recognized for up to 12 minutes, and sibility. I know all Senators take it ethnic background. That is silly. This following her statement that Senator very seriously. Democratic caucus is always looking BYRD be recognized for up to 45 min- Let me say a few words about the to expand diversity, and everybody utes. nominee now before the Senate. Miguel knows that. This debate is about a The PRESIDING OFFICER. Without Estrada, by all accounts, is an accom- nominee who is not cooperating. If he objection, it is so ordered. plished lawyer with a compelling per- thinks Roe v. Wade is unsound law, let The Senator from Washington. sonal history. But I owe it to my con- him say it. If he thinks it is settled law Mrs. MURRAY. Mr. President, I rise stituents to make an informed judg- and respects it as a judge, let him say today to discuss the nomination of ment on his nomination. At this time I

VerDate Jan 31 2003 17:34 Feb 14, 2003 Jkt 019060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.066 S13PT2 February 13, 2003 CONGRESSIONAL RECORD — SENATE S2401 am simply not prepared to move for- a brilliant lawyer and more than quali- tion, Mr. Estrada was asked to name ward with a vote on the nomination of fied to serve on the D.C. Circuit Court. any Federal judge that he admired. Miguel Estrada because there is too lit- Yet, all we have to base a decision on Again, Mr. Estrada refused. The Senate tle information for me to make an in- his nomination are the endorsements should give Mr. Estrada another oppor- formed decision. I encourage the ma- of others. I appreciate these endorse- tunity to answer this question before jority leader to take this nomination ments, but each of us as Senators must the Judiciary Committee. off the floor at this time. We expect reach our own conclusions based on the Unless the Senate is able to learn Federal judges to provide the proper facts. I am greatly troubled by the si- more about Miguel Estrada, I am left check in our system of checks and bal- lence we have heard from the nominee to conclude that this nominee has no ances outlined in the Constitution. himself. judge he would try to emulate, no judi- Without it, our system does not func- The path to confirmation for a judi- cial philosophy he follows, and no opin- tion properly. cial nominee is indeed a difficult one. ion on any important case that has We must ensure each nominee has But in the case of Mr. Estrada, the ever come before the Supreme Court. sufficient experience to sit in judgment nominee and the administration went Without so little information to de- of our fellow citizens, will be fair to all beyond anything we are accustomed to termine how Mr. Estrada will rule as a those who come before their court, will and brought great difficulty upon Federal judge on important matters of be evenhanded in administering jus- themselves. At his confirmation hear- labor rights, rights of privacy, civil tice, and will protect the rights and ing before the Judiciary Committee, rights and environmental regulation, I liberties of all Americans. To deter- Mr. Estrada refused to give Senators cannot consent to considering his nom- mine if a nominee meets those stand- straight answers to most of their ques- ination at this time. ards, we need to explore their record, tions. I strongly encourage the majority ask questions, and weigh their re- Many of our Judiciary Committee leader to withdraw this nomination sponses. Miguel Estrada and the ad- colleagues have discussed this nomina- and send it back to the Judiciary Com- ministration have failed to address tion at great length here on the floor. mittee. I encourage the President and these basic issues. And without ad- I have listened to the statements from the nominee to address the many dressing these basic issues, I cannot as- both Democrats and Republicans on issues raised by Senators. sess the nominee’s qualifications. From the Judiciary Committee. The ultimate fate of the Miguel my perspective, the Senate has been The words of Senator FEINSTEIN Estrada nomination—was well as the asked to confirm a candidate about stands out as I look at this nomina- Senate’s ability to move forward with whom we know very little. I cannot at tion. Let me share them again with the bipartisan support for judicial nomi- this time vote to confirm Miguel Senate. nees—rests with the majority leader Estrada for lifetime service on the DC Senator FEINSTEIN said: and the President of the United States. Circuit Court. I have been reviewing background mate- The PRESIDING OFFICER. The Sen- As several of my colleagues have rials about Miguel Estrada, talking to those ator from Nevada. done, I need only to invoke the words who have concerns about him, and I have re- Mr. REID. Mr. President, the distin- of the chairman of the Judiciary Com- read the transcript from Mr. Estrada’s hear- guished Senator from West Virginia, mittee to describe my hesitancy to ing. who is to be recognized following the move forward with the Estrada nomi- I must say that throughout this process, I statement of the Senator from Wash- nation. Speaking of President Clinton’s have been struck by the truly unique lack of ington, has agreed the Senator from information we have about this nominee, and Arkansas could speak for up to 6 min- judicial nominees and the Senate, Sen- the lack of answers he has given to the many ator HATCH said the Senate will have questions raised by Members of this Com- utes prior to his speech. There is no ‘‘to be more diligent and extensive in mittee. one here on that side, so I don’t think its questioning of nominees’ jurispru- He, essentially, is a blank slate. And, if it inconveniences anyone. dential views.’’ confirmed, he could serve for 30, 40, or even I ask unanimous consent that the Mr. Estrada and the administration 50 years on one of the highest courts in the order now in effect be changed to allow have failed to meet the same standard Nation. We has better be right about this de- her to speak for up to 6 minutes before cision. set out by Senator HATCH. Mr. Estrada Senator BYRD speaks. has failed to provide through his writ- Mr. President, I agree with that as- The PRESIDING OFFICER. Without ing, his experience, or through answers sessment. The Senate must be right objection, it is so ordered. to questions at the Judiciary Com- about this decision. That is why so The Senator from Arkansas. mittee, any meaningful insight into his many on this side of the aisle have Mrs. LINCOLN. Mr. President, I cer- likely decisionmaking process as a asked the majority leader to help us be tainly thank my colleague from West Federal judge. He has very limited right about the Miguel Estrada nomi- Virginia for his courtesy and kindness scholarly or judicial experience. He did nation. in letting me go forward. I appreciate work in the Solicitor General’s Office At a minimum, Mr. Estrada should it. at the Department of Justice during be sent back to the Judiciary Com- Mr. President, I come to the floor the 1990s. But, unfortunately, the ad- mittee for more questioning. In the today to express my frustration with ministration has refused to provide the Committee, he should be more forward the nomination of Miguel Estrada to Senate with or characterize any opin- in answering the questions of Senators. the Court of Appeals for the DC Cir- ions he wrote or had while at DOJ. He should be more willing to release in- cuit. I have never before opposed a ju- Despite repeated requests from Sen- formation regarding his opinions about dicial nominee, but after much prayer ators, the nominee and the administra- important judicial matters. and reflection I cannot support this tion have refused to provide informa- Mr. Estrada was asked to name any nominee until he is able and willing to tion that can help all Senators deter- case in the history of the Supreme cooperate with the Senate in its Con- mine whether Miguel Estrada is deserv- Court with which he disagreed. Surely, stitutional responsibility to advise and ing of confirmation to a lifetime ap- Mr. Estrada—who served as the editor consent. I believe all executive and ju- pointment to the Federal bench. Allow- of the Harvard Law Review—can cite a dicial nominations that come before ing Senators to access the memoranda case that he disagrees with. At his the U.S. Senate are entitled to cour- he wrote while at the Solicitor Gen- original confirmation hearing, Mr. tesy and respect. I also believe the U.S. eral’s office is particularly important. Estrada could not cite a single case be- Senate’s role of advise and consent is Unlike most judicial nominees, he fore the Supreme Court he disagreed an important check and balance that has nothing on paper to give us any in- with. The Senate should give Mr. our forefathers instituted, and it is an dication as to how he would rule on the Estrada another opportunity to answer obligation that I do not take lightly. I bench. In fact, Mr. Estrada has not had this question before the Judiciary know our forefathers put it there for a any published legal writings since he Committee. good reason. Each nominee is entitled was in law school. Mr. Estrada was asked to name a Su- to a thorough and fair hearing, and I Time and again, we are told by the preme Court judge that he admired. have fully evaluated each of President administration that Miguel Estrada is When he refused to answer this ques- Bush’s nominees as the Constitution

VerDate Jan 31 2003 17:34 Feb 14, 2003 Jkt 019060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.069 S13PT2 S2402 CONGRESSIONAL RECORD — SENATE February 13, 2003 mandates. In every case before us, I us discharge our duty under the Con- to execute our responsibilities under have supported President Bush’s nomi- stitution? the Constitution. Is it too much to ask nees. Yet I can not in good conscience I believe having judges from different of one man, who is before us, who has support this nominee at this time backgrounds is important, and I salute the burden of proof, to show us his ca- based on the lack of information that President Bush for nominating an His- pabilities? Is it too much to ask, to has been made available and the man- panic to serve on this court. I fully simply say let’s spend a couple of more ner in which this nomination has been support efforts to diversity the Federal hours, answer a few questions, and presented. Is it too much to ask of a judiciary so that it is more representa- move forward? Because this Nation has person who is being offered a lifetime tive of our society. But I cannot sup- a great deal to deal with. We have position to simply answer a few ques- port Mr. Estrada simply because he is many issues on our plates and many tions? Hispanic. things we need to address immediately. As a nominee seeking Senate con- Charges of racial insensitivity have I simply say to my colleagues, is it too firmation, Mr. Estrada has the burden no place in this debate. This Senate much to ask, to simply answer a few of proof to demonstrate his fitness for has already confirmed unanimously questions? the high office he seeks. During the seven of President Bush’s Hispanic ju- Mr. President, I especially thank my confirmation process, a nominee can dicial nominees. colleague from West Virginia for his Like all nominees that come before meet this burden in many ways depend- yielding to me and allowing me to the Senate, Mr. Estrada must answer ing in part on the background and ex- move forward. perience of an individual at the time of questions put before him. I want to appointment. Another consideration is make clear that the questions Demo- The PRESIDING OFFICER. The Sen- the level of scrutiny warranted for a crats asked of Mr. Estrada are no dif- ator from West Virginia. life-time appointment to an important ferent than the questions Republicans Mr. BYRD. Mr. President, may I say judgeship. Finally, one critical element have asked of nominees. In fact, when to the distinguished Senator from Ar- I look for in all nominees is a willing- the current Attorney General served on kansas, my favorite Supreme Court ness to cooperate with the Senate and the Senate Judiciary Committee, he Justice was John Marshall. It is not a show deference and respect for the asked a judicial nominee the same very hard question to answer. process we engage in here in the Sen- question that Mr. Estrada refused to U.S. RHETORIC GOES OVER THE TOP ate. answer. The question was: ‘‘Which As many of my colleagues have al- judge has served as a model for the way Mr. BYRD. Mr. President, the lan- ready established, Mr. Estrada comes you would conduct yourself as a judge guage of diplomacy is imbued with to the Senate with a very limited writ- and why?’’ Mr. Estrada was asked and courtesy and discretion. Diplomats the ten record upon which to make an in- refused to answer a similar question. world over can be counted on to choose formed judgment. To make our job When I let my boys off at school this each word of every public statement even more difficult, the administration morning—they are 6 years old and in with precision, for an ill-received de- has refused to release relevant infor- the first grade—they were having prob- marche could turn allies into adver- mation that would shed much needed lems with a buddy at school, in their saries or cooperation into confronta- light on this nominee’s judicial philos- class. They were saying: What do we do tion. ophy and reasoning. Moreover, Mr. with this, Mom? How do we handle it? Like most professions, diplomacy has Estrada seemed determined to be eva- Do you know what I said to them? I its own lexicon. As John Kenneth Gal- sive and unresponsive to questions put said: Work with him. Figure it out. braith wrote in 1969, ‘‘There are few to him during his confirmation hear- Work with him. ironclad rules of diplomacy but to one ing. That is simple, and it is simply what there is no exception: when an official After weighing these factors, review- Democrats have told Mr. Estrada: reports that talks were useful, it can ing the committee record, meeting per- Work with us. We are trying to do our safely be concluded that nothing was sonally with Mr. Estrada, and consid- job, to satisfy our constitutional re- accomplished.’’ And when we hear a ering the views of hundreds of constitu- sponsibility, in good conscience, to seasoned envoy refer to a ‘‘frank and ents and interested organizations, I am meet the job we are sent here to do by open discussion,’’ we know that he is not satisfied that Mr. Estrada has met the constituents who believe in us. If actually talking about a knock-down, the burden required for confirmation to that means reviewing oral arguments drag-out fight behind closed doors. such an important position. and briefs of a few cases so that Mr. While negotiation can steer great pow- Even though Mr. Estrada is reluctant Estrada can state an opinion on at ers away from a course that would lead or unwilling to say so, I assume Mr. least one case decided by the Supreme to war, we can usually count on public Estrada has a conservative ideology Court in the last 40 years, why not do statements about diplomacy to be and that he and I would disagree on it? No one disagrees that Mr. Estrada underwhelming—not overwhelming but many issues. But after voting for every has a distinguished academic and pro- underwhelming. judicial nominee to come before the fessional background. He is a very nice Senate since I took office, I can say man. I met with him. My responsibility There have been exceptional times with credibility that Mr. Estrada’s ide- is not just to put nice people into when bold statements have energized ology doesn’t prevent me from sup- judgeships. world opinion. When President Reagan porting his nomination. A nominee’s He graduated magna cum laude from stood on the Berlin Wall in 1987 and particular views or political beliefs Columbia and magna cum laude from proclaimed, ‘‘Mr. Gorbachev, tear down don’t bother me, so long as I am con- Harvard Law School, served as editor this wall,’’ he spoke to millions of Ger- fident that nominee can separate his for Harvard Law Review, and clerked mans who longed to be freed from op- personal beliefs and opinions from his for a Supreme Court Justice. It should pression. While I would not go so far as duty as a Federal judge to follow estab- not take him more than an afternoon, to credit a single phrase with has- lished precedent and interpret the law or less, to do a little research so that tening the fall of the Eastern Bloc, cer- and Constitution fairly and without po- he could answer the questions that tainly President Reagan’s statement litical bias. members of the Judiciary Committee reflected the resolve of the West to op- What concerns me a good deal, how- have put before him. pose communism. ever, is the unwillingness of the admin- I call on the administration to let There have also been a fair number of istration and Mr. Estrada to respond Mr. Estrada answer the questions the bold statements to the world that have directly to reasonable requests for le- Senate has put before him, in good backfired. For example, Nikita Khru- gitimate information. How hard is it to faith, so that the Senate can vote on shchev squandered whatever credit he answer questions about Supreme Court Mr. Estrada. Is it really too much to might have gained through a goodwill cases that have been on the books for ask, to simply say we need more infor- tour of the United States in 1959, when years? Why is the administration so mation to make an important judg- he visited the United Nations the next unwilling to allow U.S. Senators to re- ment on a very important, lifetime year. The Soviet Premier famously ex- view written material that would help nomination? Please, give us the ability claimed to the West, ‘‘We will bury

VerDate Jan 31 2003 02:18 Feb 15, 2003 Jkt 019060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\A13FE6.016 S13PT2 February 13, 2003 CONGRESSIONAL RECORD — SENATE S2403 you,’’ while slamming his shoe on the On December 30, 2002, President Bush pared to the number of Eastern coun- table in front of him. This ill-advised said that Saddam’s ‘‘day of reckoning tries that comprise New Europe. outburst was a vivid depiction of an ir- is coming.’’ The next day, he chided a Richard Perle, a senior advisor to the rational and out-of-control superpower. reporter who asked about the prospect Department of Defense, has also had Fortunately, the United States has a of war in Iraq by saying, ‘‘I’m the per- choice words about our European al- tradition in foreign policy of being son who gets to decide, not you.’’ The lies. In October 2002, Mr. Perle rec- slow to anger. We have nurtured a rep- President’s coarse words did nothing to ommended that German Chancellor utation of being rational and delib- ease criticism of American Schroeder resign in order to improve erate. I doubt that Americans would unilateralism. relations between our two countries. have much tolerance for a president Several members of the President’s On January 30, Mr. Perle followed up who used the United Nations as a national security team warned Iraq in this charge by saying: ‘‘Germany has forum for testing the construction of January 2003 that ‘‘time is running become irrelevant. And it is not easy his footwear on the nearest table. It out’’ for Iraq, and that such time was for a German chancellor to lead his would be a great departure for the measured in weeks, not months. On country into irrelevance.’’ Spreading United States to use its foreign policy Sunday talk show interviews on Janu- his criticism around, Mr. Perle stated organs as a means to spread divisive ary 29, the White House Chief of Staff that ‘‘France is no longer the ally that rhetoric. refused to rule out the use of nuclear it once was.’’ So far as I can tell from Unfortunately, the tone of our for- weapons in a war against Iraq. On Feb- press reports, Mr. Perle, who is the eign policy in recent months has been ruary 6, President Bush ominously de- Chairman of the Defense Policy Board, in a steady decline. To some of our al- clared that ‘‘the game is over.’’ With has not been admonished for his in- lies, the United States, through its each of these statements, the chances flammatory statements. words and its actions on the crisis in of war appeared to grow. Such vindictive criticism of our Eu- Iraq, is beginning to look more like a To be fair, the President and his ad- ropean allies has had repercussions. rogue superpower than the leader of visors have repeatedly stated a pref- According to a new poll, published in the free world. Many newspapers in Eu- erence for the peaceful disarmament of the Financial Times Deutchland on ropean capitals criticize U.S. policy to- Iraq. But as I speak right now, many February 10, 57 percent of Germans ward Iraq. Moderate Muslim nations, Americans believe that war is inevi- agree with the statement, ‘‘The United such as Jordan and Turkey, are grow- table. Through words and through ac- States is a nation of warmongers.’’ And ing progressively suspicious of Amer- tion, the United States appears to be now we find ourselves in a pointless ican motives in the war against ter- on a collision course with war in the stalemate with our NATO partners rorism. An increasing number of people Persian Gulf. Stating a preference for a over military assistance to Turkey. If in Arab countries are coalescing peaceful solution is not enough to alter we had been more temperate in our around an outright hatred of the the heading of our great ship of state. rhetoric, perhaps we could have worked United States. If our rhetoric toward Iraq is not through the anti-American tone of the Let us remember that President Bush alarming enough, the last weeks have recent elections in Germany. Instead, came to office promising to change the seen an appalling increase in criticism we find ourselves escalating a war of tone in Washington. I wonder if the of our allies and the United Nations. words against two great European pow- current tone of American foreign pol- On September 12, 2002, President ers, who were powers—and who were icy is what he had in mind? One source Bush delivered a strong and effective great powers—before ours became a re- of alarm is the tone of the National Se- speech that urged the United Nations public. curity Strategy released by the White to take action to disarm Iraq. The And so, Mr. President, how we com- House in September 2002. In broad President said: ‘‘All the world now municate our foreign policy makes a strokes, the strategy argues that the faces a test, and the United Nations difference. We expect North Korea or United States should use its over- [faces] a difficult and defining moment. Iraq to use inflammatory propaganda whelming military power to engage in Are Security Council resolutions to be to speak to the world, but we are a preemptive strikes to prevent others honored and enforced, or cast aside more dignified nation. There are ways from ever developing the means to without consequence? Will the United for our country to indicate resolve threaten our country. The strategy Nations serve the purpose of its found- without resorting to bellicosity. The notes a preference for working with al- ing, or will it be irrelevant?’’ subtext to nearly every new White lies to keep the peace, but underscores The President threw down the gaunt- House statement on Iraq is that the the willingness of the United States to let, and the United Nations acted. In- United States has run out of patience. act unilaterally. spectors have returned to Iraq, and The administration is signaling its The content and the tone of these im- they are doing their job. The inspectors willingness to use an extreme amount portant pronouncements in the Na- have asked for more time, but the of military force against Iraq when tional Security Strategy sparked out- President has now challenged the U.N. many still question the need to do so, cry, in the United States and around to authorize the use of force, or again when many in our own country still the world. The report gave critics plen- face irrelevance. question the need to do so, when some ty of ammunition to make their case And so, the world is now wondering, in this Senate still question the need that the United States is a 400 pound which is the greater threat to the rel- to do so at this time. We need to gorilla that will stop at nothing to get evance of the U.N.: a rogue nation that change our tone. its way. Our strategy leaves much of flaunts the will of the international Impetuous rhetoric has added fuel to the world the impression that Ameri- community; or a permanent member of the crisis with Iraq and strained our al- cans agree with the quotation of the the Security Council that views the in- liances. Before committing our Nation late Chinese leader, Zhou Enlai, which stitution as useless unless the institu- to war with Iraq and the years of occu- turned the axiom uttered by the mili- tion submits to its will? This hand has pation that will surely follow, we tary strategist Carl von Clausewitz on been overplayed. More threats of U.N. should repair the damage to our rela- his head: ‘‘All diplomacy is a continu- irrelevance will only portray the tions with our allies. I urge the Presi- ation of war by other means.’’ United States as a bully superpower. dent, and the administration, to There are many examples of provoca- European allies who do not share our change the tone of our foreign policy— tive rhetoric that have escalated the view on the crisis in Iraq have recently to turn away from threatening Iraq stakes of our standoff with Iraq. In his been in the cross hairs for verbal bom- with war, to turn away from insulting 2002 State of the Union Address, the bardment. Secretary of Defense Rums- our friends and allies, to turn away President coined an ‘‘Axis of Evil,’’ feld has lumped Germany in with Libya from threatening the United Nations comprised of Iran, Iraq, and North and Cuba as the principal opponents of with irrelevance. Our rhetoric has gone Korea. In October 2002, the White war in Iraq. He also characterized Ger- awry, our rhetoric has gone over the House press secretary suggested that many and France as being ‘‘Old Eu- top, from giving an indication of our regime change in Iraq could be accom- rope,’’ as if their economic and polit- strength to giving an indication of our plished with ‘‘the cost of one bullet.’’ ical power does not matter as com- recklessness.

VerDate Jan 31 2003 17:34 Feb 14, 2003 Jkt 019060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.072 S13PT2 S2404 CONGRESSIONAL RECORD — SENATE February 13, 2003 I have learned from 50 years in Con- be concerned, It is an issue on which very interesting. In January 2000, the gress that it is unwise to insult one’s we have 30 years of settled law, and President appeared on one of the Sun- adversaries, for tomorrow you may be women across America count on that day talk shows. And he was asked in need of an ally. I have found in my right. about strict constructionism. He was 56 years in politics that today’s oppo- But there are other stories and other asked the following: nent may be tomorrow’s friend. There issues of privacy we should also be con- With regard to strict construction, will come the day when we will seek cerned about. We are at a unique time we will put up on our screens some the assistance of those same European in our country’s history, a time when words from Justice Scalia pertaining allies with which we are now feuding. U.S. citizens have been treated as to abortion. But serious rifts are threatening our enemy combatants and imprisoned [Justice Scalia] said: ‘‘There is no close relationship with some of the without access to counsel or trial by constitutional right to abortion. I great powers—the truly great powers of jury. We are at the tip of the iceberg of reach that conclusion because of two history—some of the great powers of the information age where businesses simple facts: One, the Constitution Western Europe. The Secretary of may have access to personal informa- says absolutely nothing about it and, State said yesterday that NATO is at tion and exploit that information. two, the longstanding traditions of risk of breaking up. Mr. President, it is Where health care industry people American society have permitted it to time that we pause. It is time that we might have access to your most per- be legally proscribed.’’ take a look at ourselves. It is time to sonal medical information. Where the The host then asked the President, put our bluster and swagger away for Government has established a process ‘‘Would you ask a nominee that ques- tion? Do you agree with that?’’ the time being. I urge the President to of eavesdropping on and tracking U.S. The President responded: calm his rhetoric, repair our alliances, citizens without probable cause. Where the Government has the ability to use I guess you would have to say that is my and slow down in the charge to war. idea of a strict constructionist. Mr. President, I yield the floor and I and develop software that can track So when people talk about a strict suggest the absence of a quorum. one’s use of web sites and information The PRESIDING OFFICER. The on their personal computer without constructionist, very often they are talking about someone who doesn’t be- clerk will call the roll. their consent or knowledge. The legislative clerk proceeded to These are all important privacy ques- lieve in the constitutionality of a wom- call the roll. tions that deserve to have the atten- an’s right to choose. An editorial in the Atlanta Journal Ms. CANTWELL. Mr. President, I ask tion of any nominee to the Circuit Constitution makes the point as well unanimous consent that the order for Court of Appeals. When Miguel Estrada when they wrote: the quorum call be rescinded. refused to answer the questions my col- The PRESIDING OFFICER. Without leagues on the Judiciary Committee The same spirit of deception is apparent when the topic turns to abortion. Bush is objection, it is so ordered. posed to him about the issue of pri- committed to overturning the U.S. Supreme Ms. CANTWELL. Mr. President, last vacy, and if he in fact believed in a Court decision legalizing early term abor- night I sat in my office listening to my constitutional rights to privacy, it was tion; but in most settings, he dares not men- colleagues, most on the other side of troubling to me and to my colleagues tion the truth because he understands how the aisle, debating the issue of Miguel who are opposing this nomination. We unpopular it would be. So instead of being Estrada’s nomination to the second need to have answers to these ques- frank about his stance, he talks in code of most powerful court in the country, tions before Miguel Estrada can be con- appointing judges who believe in strict con- the District of Columbia Circuit Court firmed. struction of the U.S. Constitution. of Appeals. Even after all of the debate, Make no mistake—the public is hear- Mr. President, I don’t think that is some people may not realize that the ing a lot of bickering in the Chamber what this body should support. And in D.C. Circuit Court is the overseer of all about numbers. How many nominees this context I do not think we should Federal agencies. It is the court that is on this side have we pushed through, approve nominees who will not answer most likely to make decisions about how many nominees have they pushed questions about their view on whether whether Federal regulations will be through, when a particular party was the right to privacy is guaranteed in upheld or overturned, whether repro- in charge. I am not sure the public our Constitution. ductive rights will be retained or lost, wants to follow that debate. Make no mistake about it. This is or whether intrusive Government ac- But one debate I am sure they want not about someone’s political views, tions will be allowed or curtailed. to follow is the failure of Miguel this is about each nominees’ judicial I understand why some of my col- Estrada to tell us what he believes. A philosophy. We had a very interesting leagues last night may have become 2001 poll shows that seventy four per- debate before the Senate Judiciary heated with the determination of our cent of the American public believes Committee on a nominee to the Tenth side of the aisle to filibuster this nomi- the question of judicial philosophy Circuit, Michael McConnell. A man nation. Many of my colleagues wanted should be asked of nominees to the ap- who in private practice and as a law to know why we believed we had no pellate court and that answers should professor had espoused many views in other choice but to filibuster the nomi- be given. Over 50 percent of Americans, opposition to abortion rights and was nation. in a survey done in 2001, believe Mem- very critical of the decision in Roe v. It is time we quit dancing around the bers should not vote to confirm other- Wade. I do not agree with probably any issue. The question that has gotten so wise qualified nominees if they think of the political views of Michael many of us concerned is whether this their views on important issues are McConnell. Yet he came before our body is going to approve Bush adminis- wrong. committee and, for hours, outlined his tration nominees to the court of ap- Of course we cannot even make that judicial philosophy, his understanding peals who are out of step with the judgement and we aren’t left with a lot of stare decisis, his view on where the mainstream views of America. of options, when Miguel Estrada won’t right to privacy exists within the Con- Someone said last night: Maybe that specifically answer the questions. stitution and how it evolved. He was side of the aisle doesn’t want to ap- Some have said that the issue is sim- very specific in saying he thought the point conservatives. ply that we don’t like his answers to issue had been settled. In just one of That is not the issue. What is at issue the questions. I do believe that it is im- the many, many answers he gave on is we don’t want to appoint someone portant to view this debate in a larger privacy he said: who clearly refuses to answer questions context. This debate is about what this I think most scholars would agree. In Roe, on key issues of the constitutional Administration means when it says we the Court canvassed several different pos- right to privacy, only later to find out should appoint people to the court and sible textural bases and said it didn’t matter they will not uphold current law on who have a strict constructionist view which one of the bases. It was only in Planned Parenthood v. Casey that the Court protecting a woman’s right to choose! of the Constitution. Like most Ameri- finally came down to a single methodology Upholding a woman’s right to choose cans, I was not entirely sure what that and identified the privacy right as rooted in is an important issue of privacy and phrase means. So I looked for further the substantive due process of the 14th something about which we should all clarification. I found some that was amendment.

VerDate Jan 31 2003 17:34 Feb 14, 2003 Jkt 019060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.074 S13PT2 February 13, 2003 CONGRESSIONAL RECORD — SENATE S2405 Mr. McConnell went on: on the issues. He doesn’t have a record mittee and fail to answer the ques- Not only was Roe v. Wade decided by the like Priscilla Owen, or like Judge Pick- tions, you do not pass as well. Supreme Court, but a lot has happened in ering, about which we can ask ques- Maybe we will not agree on the types the 26 to 27 years, or however many it has tions. So the fact that he refuses to an- of positions this side of the aisle would been, since Roe v. Wade. That decision has swer those questions, and the fact that support for a nominee. Maybe that side now been considered. It has been reconsid- the administration has proclaimed that of the aisle does support people of ered and reaffirmed by justices appointed by Presidents Nixon, Ford, Reagan, Bush, and they are very interested in nominating strict constructionist views who do be- Clinton after serious re-argument. At the people with ‘‘strict constructionist’’ lieve that Roe v. Wade should be over- time when Roe v. Wade came down, it was views about the Constitution, has left turned, but let’s not put forth and con- striking down State statutes of 45 of the 50 us very concerned about this particular tinue to pursue a nominee who refuses States of the Union. Today it is much more nominee. to answer the questions. These are reflective of the consensus of the American Let me be clear. The public doesn’t questions that deserve an answer. people on the subject. care about our bickering on numbers, These are questions about which this I offer this as an example of a nomi- but they do care about us doing our job body should hold its head up high and nee who was confirmed! Approved with and asking questions about the nomi- say, as we continue in an age where bipartisan support. Was it because we nee’s views on important issues. privacy is going to become more im- agreed with his political views on abor- Another survey that was done last portant, we will continue to fight for tion? No. It was because he came before year asked whether individuals the rights of the American people. the Senate and answered the question thought the views of nominees on spe- I yield the floor. about the constitutionality of people’s cific issues should be taken into ac- The PRESIDING OFFICER. The Sen- right to choose. count, that Senators are expected to ator from Iowa. Now, some may say, well, this par- have a viewpoint by the people who Mr. HARKIN. Mr. President, I ticular nominee, Miguel Estrada elect them and not simply rubberstamp haven’t had the opportunity in the last doesn’t want to be that specific. We the nominees the President sends to couple of days to have my say on Mr. have all heard about this particular the Senate. And 77 percent found that Estrada. I thought I would take the court, the District of Columbia, and to be the persuasive argument to which time now to talk a little bit about the how important it is to our country— they agreed. nomination of Miguel Estrada for the the second highest court in the land— The public was also asked whether D.C. circuit court. and the particulars of why this par- the views of nominees on specific issues I have to say that there has been a ticular nominee may be so important. should be taken into account since lot of nonsense bandied about in the But again we also have to look at this Federal judges serve for life and are Chamber on the nomination and the nominee in context. This is not the not elected by the people, and no one idea of whether we are holding some- first troubling nominee this adminis- should be put on the bench if that per- thing up. Facts are bothersome things, tration has supported. They have put son holds a position on an important as they say. What some people say in before us other individuals who, I be- issue that Senators think is simply the past may come back to haunt them lieve, have been judicial activists in wrong. Again, 77 percent of the public in the future. their role on various courts. We have believed that was a persuasive argu- It was Mo Udall, former Congress- been successful in defeating their nom- ment and correct. man, who coined the wonderful phrase. ination. Although we may be going to The issue is that the public does He always said: O Lord, let me always see them sometime in the future. want us to do our job. They want us to utter kind and humble words for to- Several months ago, the President find out the positions of these nomi- morrow morning I may have to eat nominated Priscilla Owen to the Fifth nees. them. Circuit. In a series of cases inter- It was not that long ago we had an- I was looking back through the preting a new Texas law on parental other issue before this body, a nomina- record. The current chairman of the consent, Owen suggested that a minor, tion to the Supreme Court of Justice Judiciary Committee in 1997 addressed even in the case of rape and incest, Clarence Thomas. At that time, Judge the Utah chapter of the Federalist So- should be required to demonstrate that Thomas refused to answer questions on ciety. This is what the current chair- she had received religious counseling the right to privacy, saying he thought man of the Judiciary Committee said: before receiving medical care. there had been too much controversy The Senate can and should do what it can She insisted that her holding fol- on the issue and he did not have a per- to ascertain the jurisprudential views a lowed Supreme Court precedent, yet sonal view on whether Roe v. Wade had nominee will bring to the bench in order to she was unable to demonstrate where been rightly decided. But then, only prevent the confirmation of those who are in the Supreme Court precedent the re- one year later, he dissented in Planned likely to be judicial activists. Determining quirement on religious counseling ex- Parenthood v. Casey stating that Roe who will become activist is not easy since isted. That is because it doesn’t. Our v. Wade should be overturned! many of President Clinton’s nominees tend law does not require those seeking This debate is very alarming to to have limited paper trails. Determining Americans. It is alarming because they which of President Clinton’s nominees would abortion to have religious counseling. become activist is complicated and would re- Her dissent in a similar case was called want to know that their judiciary rep- quire the Senate to be more diligent and ex- an ‘‘unconscionable act of judicial ac- resents the views of the mainstream tensive in its questioning of nominees’ juris- tivism,’’ by White House Counsel, public; they want to know that the ju- prudential views. Alberto Gonzales. diciary will uphold current law; that That is interesting because when Mr. Another Bush nominee, Charles Pick- they will follow stare decisis. They Estrada refused to answer even the ering, received an unfavorable vote want to know that the right of privacy, most simple, straightforward ques- from the Senate Judiciary Committee as it has been recognized in the Con- tions, that sure doesn’t help us in ques- last year after it became clear he had stitution, will be upheld. tioning his jurisprudential views. intervened on behalf of a convicted We have to go back and do our home- There is no doubt in anyone’s mind cross burner, calling prosecutors, in- work on this particular nominee. I that Mr. Estrada is a movement per- cluding high-level officials in the De- think most people in America under- son. He will be a movement judge, one partment of Justice, in an effort to stand if you go to take a pass-fail test who will try to move the court in a cer- lower the sentence of the convicted and you do not answer the questions, it tain ideological direction. cross burner. The victim in this case is very hard for you to pass. We have What also concerned me was some- said, after learning for the first time all heard of oral exams where you have thing my colleague Senator HATCH about the role that was played by to show and understand the material from Utah said the other day. He said: you have been studying for years. If Judge Pickering, that her ‘‘faith in the An up or down vote, that is all we ask. If judicial system had been destroyed.’’ you do not show the comprehension of the Democrats have enough votes to defeat This is the context in which we view that material, you do not pass. I think Miguel Estrada, I will not complain about it. the nomination of Miguel Estrada. It is people here understand that if you I might feel badly about it and I might say not clear where Miguel Estrada stands come before the Senate Judiciary Com- it was the wrong thing to do, but they have

VerDate Jan 31 2003 17:34 Feb 14, 2003 Jkt 019060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.077 S13PT2 S2406 CONGRESSIONAL RECORD — SENATE February 13, 2003 a right to do it. If my colleagues who dis- Senator is concerned, I keep coming I might add, neither would have a agree do not like this, they can speak out. back to the same conclusion: we don’t whole bunch of the 377 Clinton judges They can give their reason. They can vote know enough about him to make an in- who did get through—the second high- no. Politics ought to be left out of it. formed decision on his nomination to a est total of confirmed judges in the his- That is what the Senator from Utah lifelong appointment to the second tory of the country—had it not been for said last night. Unfortunately, I am most important and influential court what I was trying to do to help my col- sorry that his sentiments didn’t exist of the land. leagues on the other side. when President Clinton’s nominees Even after I find out more about him, I understand my dear friend from came up for confirmation. I recall say- I may vote against him, but I don’t Iowa is very bitter about what hap- ing just about the same thing over and think we even have to bring him up for pened to one of his judicial nominees. I over again on the nomination of a vote until we know more about Mr. do not blame him for that. He has al- Bonnie Campbell to serve on the Estrada. Is he a rightwing kook? I ways been a friend. I am disappointed Eighth Circuit. She received her hear- don’t know. Some people say he is. that he would attack me on the floor ing in May of 2000 and then her nomi- Some people say he is scary. We have and accuse me of a double standard be- nation was stopped cold. Despite the no way of knowing at this point in cause he knows better, and if he does fact she had the ABA stamp of ap- time. That is why we should not bring not know better, he ought to know bet- proval, a long and distinguished his- his name up. We should not move for- ter. tory in the field of law, including her ward on this until we find out more— I was unable to get his nominee work as Iowa’s attorney general. Mem- unlike Bonnie Campbell, who answered through for a variety of reasons. I do bers on both sides of the aisle sup- all the questions and gave all the docu- not want to go into them here. I feel ported her nomination. On September ments they ever asked of her. Yet, they badly because of that. I personally 21 and October 3, I tried to bring it up. would not even bring her name to the liked his nominee, but there were Then during the month of October I floor. things I was able to do as chairman and brought up Bonnie Campbell’s nomina- So to my friend from Utah who says there were things I was unable to do. tion seven times and seven times the there is a double standard, I say look The one point nobody can rebut is that Republican majority objected. in the mirror. President Clinton was treated very The Senator from Utah kept talking Mr. President, with that, I yield the fairly in getting the second highest last night about the Democrats’ double floor and I suggest the absence of a total of Federal judges through in the standard. My first instinct is to call quorum. history of the country of any Presi- that claim laughable. But in reality, it The PRESIDING OFFICER. The dent. President Reagan got 382 judges is outrageous and duplicitous to us be- clerk will call the roll. through, 5 more than President Clin- cause so many extremely well-qualified The legislative clerk proceeded to ton. With regard to those 382 judges, nominees never got an up-or-down vote call the roll. President Reagan had 6 years of a Re- Mr. HATCH. Mr. President, I ask on the floor, never got a vote in com- publican—his own party—Senate to unanimous consent that the order for mittee, and many never even got a help him. hearing. the quorum call be rescinded. The PRESIDING OFFICER. Without President Clinton had 6 years of the Bonnie Campbell had a hearing, but Republican Party in charge of the Ju- then they stopped her cold. Senator objection, it is so ordered. Mr. REID. Mr. President, if my friend diciary Committee, and I was chairman HATCH suggested Bonnie Campbell’s will yield. during those 6 years. nomination came too late in the last The PRESIDING OFFICER. The Sen- I think he would be the first to say year of the last administration. I know ator from Nevada. that I helped him, or he would be a for a fact that two of Senator KYL’s Mr. REID. I thank the Chair. The two baldfaced liar. I know he is not that. district court judges were nominated managers of the bill—which we hope So I would presume that he would be after Bonnie Campbell was, and they will be on the Senate floor before willing to admit, as a decent honorable were confirmed on October 3, 2000. long—will return before long, just so person, that Senator HATCH worked And now back to Mr. Estrada. We’re the distinguished Senator from Utah is closely with him in trying to get those not holding Mr. Estrada up because we aware of that. 377 judges through. feel like spending all of our time Mr. HATCH. On the appropriations Unfortunately, I was not able to get through the wee hours of the night bill. some through some nominees about talking about him. We’re holding up Mr. REID. Yes. which some of my colleagues on the because he hasn’t told us anything. He Mr. HATCH. I will be happy to yield other side of the aisle feel very bitter. hasn’t answered the soft ball questions at any time to them. I apologize to them. I feel badly about that nearly all judicial nominees have Mr. President, before I came to the that because there are things I could more than willingly answered. What’s floor, I understand the distinguished do and things I just could not do. There he got to hide? Senator from Iowa criticized me for were a lot of things people did not I don’t know Mr. Estrada. To the best having a double standard. If I recall think I could do that I did do. I am not of my knowledge, I never met him. But correctly, he said, I believe, I should perfect any more than anybody else, I do know we have heard from people look in the mirror when I talk about but I can say this: I do not think any who do know him, who have associated double standards. other Senator could have gotten done with him, some of whom have termed Also, during last night’s debate, sev- what I got done with regard to fairness him ‘‘scary’’ in his outlook, scary in eral of my Democratic colleagues at- for the Clinton nominees. what he might do as a judge. I don’t tacked my record on moving Clinton In contrast, I do not think what is know if he is or not, but I know the nominees. I heard some of these at- happening to President Bush’s nomi- people who have associated with him tacks repeated this morning by the nees is fair at all. In fact, here we are have called him that. They think he is Senators from California. This sur- in a filibuster for the first time in his- some kind of a rightwing kook. I don’t prised me and it very much dis- tory against a Hispanic judge who has know if he is or not. How do we know? appointed me since I worked hard to risen to the top of his profession, even Well, the stealth candidate hasn’t get not only Judge Paez but also Mar- though he has a disability. That both- helped when he won’t even answer the sha Berzon, now Judge Berzon, con- ers me a lot, to be honest with you. most simple, straightforward ques- firmed, despite the opposition to their I did work hard to get Judge Paez tions. So we have no way of knowing nominations, and there was serious op- and Judge Berzon through and con- one way or the other. position. That is one reason it took so firmed, despite the opposition to their It is our job as Senators to examine long for Judge Paez, and there were nominations, which opposition was not nominees, their background, their way some very serious allegations. But I without merit. There were some legiti- of thinking to determine what kind of was able to fight through those, and I mate concerns on the part of some of judges they would be and whether or can guarantee this body that neither of the Senators on this side of the floor. not they can fairly and impartially ad- those judges would have gone through The fact remains that I lobbied for minister the law. And as far as this had it not been for my work. cloture on those two nominees, and

VerDate Jan 31 2003 17:34 Feb 14, 2003 Jkt 019060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.080 S13PT2 February 13, 2003 CONGRESSIONAL RECORD — SENATE S2407 they were afforded an up-or-down vote, I just wonder who those mystery peo- happened in committee. I, for one, am something Miguel Estrada is not being ple are who called Mr. Estrada a right- fed up with that kind of inappropriate afforded. They were afforded an up-or- wing kook. The only person I know of behavior by Senators. It is beneath the down vote as a result of my efforts. who has gone on record saying any- dignity of these Senators to do some- They were both confirmed and both sit thing negative about Mr. Estrada, out thing like that. Senator BIDEN’s policy today on the Ninth Circuit Court of of all the persons who have worked was: if they are not willing to face the Appeals, a very prestigious circuit with him, is Mr. Bender, who has been person they are accusing, then they are court. more than, I think, rebutted, both in not worthy of being listened to. I agree Let me say this. I will stay here all committee and on this floor, by his with him, and I intend to stick to that day and all night, if I have to, to de- own performance reviews of Miguel very same policy. fend my record on Clinton judges be- Estrada that could not have been more I am going to forget these derogatory cause it is very unfair for anybody who glowing. And then when he has a comments by the distinguished Sen- looks at the record to say I personally chance to say something nasty because ator from Iowa. I have never held a did not treat him well. Miguel Estrada is now nominated to grudge. It is one of my weaknesses as a With regard to my friend from Iowa, the circuit court of appeals, he chooses Senator. I just plain cannot hold a I am disappointed he would attack me to do so. It is beneath the dignity of a grudge against my colleagues. I have on the floor of the Senate, but I will law professor to do that, especially had some of my colleagues come up to say to him, I understand his feelings, after giving those glowing performance me and say, boy, you ought to have a his very deep feelings, and he felt very reviews, even though he says every- grudge against that guy. I just cannot bitter that his nominee did not get body got those. Everybody knows that do it. through, a personal friend and some- is not true. Personally, I love everybody in this body whom I personally liked. If it is true, then it is a sad com- body. And I think everybody knows With my Democratic friends com- mentary for our Government. But then that. It is against everything I believe plaining so vociferously about the Re- again, even though he admits every- to hold a grudge. So I am not going to publican treatment of Clinton nomi- body got those glowing performance re- do that and I am going to forget what nees, which is totally unjustified, in views, he claims the reason for that is was said today, but I do not want it my opinion, it leads me to believe that because these are the best lawyers in ever said again. Nor do I want to have this shabby treatment of Miguel the country. Reading between the lines some stupid staffer putting words in Estrada is driven in large part by a of his letter, that is what he basically the mouth of another Senator. That Democratic goal of retribution. That is said. That is as much as saying Miguel happens every once in a while. We all we heard last night in the questions Estrada is one of the best lawyers in should not allow staffers, no matter from the Democratic side: Why didn’t the country. how bright they are or how stupid they you do this? Why didn’t you do that? How can he be so inconsistent? He is are, to cause us to do things that are If that is the way we play the game, the only one I know, and even he, as inappropriate on the floor of the Sen- my gosh, I can give 100 cases where this low as his comments are, did not call ate and to make accusations that are side ought to have some retribution Miguel Estrada a ‘‘right-wing kook.’’ not justified against somebody who against them. I, frankly, do not believe He has no credibility. I am just sorry worked his guts out to try and help in that. Call it tit for tat if you want in some ways for the law students who President Clinton get his judges to, call it payback, call it what you have to take his classes. I would prefer through, because I believe the Presi- will, but I, for one, am becoming more law professors—I do not care if they dent of the United States has a right to and more convinced with each Demo- are liberal or conservative. Most of have his judges voted on up or down. crat who takes the floor to complain them are liberal, but I would prefer I have made that clear throughout about the Republican treatment of them to be honest people. I prefer them my tenure as chairman, and everybody Clinton nominees that their opposition to have some dignity about their com- knows it. I have had countless Demo- to Miguel Estrada is more about re- ments. I prefer them to be decent peo- crat Senators say they know I am not venge than it is about Mr. Estrada. ple teaching our young adults. responsible for some of the problems That bothers me a lot, to be frank. It is a pathetic thing that almost that happened. Then again how many Mr. President, I also understand the every law school in this country has a are responsible over on my side, be- distinguished Senator from Iowa said whole raft of left-wing professors who, cause 377 Clinton judges went through? that people who know Mr. Estrada if they had to, probably could not We were the opposition party putting have called him a right-wing kook. I do make a living at the practice of law. them through. And they are com- not know anybody who has called him Maybe they could make a living, but plaining? We are in the second month a right-wing kook, not anybody on the they could not stand the rigors and the of a brand new session of Congress and face of the Earth. The only persons difficulties of practicing law. It is a lot we cannot even get the first circuit who would do that are those who act ir- easier to teach two classes a week and court of appeals nominee, the first His- responsibly, and I have not even heard pontificate from their high perches as panic nominated to the Circuit Court any irresponsible people do that. So liberal law professors to the detriment of Appeals for the District of Columbia, there is little or no reason for anybody of some of these law students. It is a we cannot even get him a vote up or on the floor of this Senate to demean pathetic thing. Anybody who has gone down because for the first time in his- Miguel Estrada, and that is what this to law school knows how far left an tory a true filibuster is being con- debate has devolved to, and it bothers awful lot of those professors are. ducted against this Hispanic nominee. me. Are they bad people because they are Now, that is a real double standard, not I caution my colleague from Iowa to far left? No. Some of them are terrific the one the distinguished Senator from respect other people. We all make mis- teachers and terrific people. Most of Iowa is talking about. takes, and we all say things that per- them are honest, which is something I People get emotional sometimes. I haps we should not say, and I will treat cannot say for Mr. Bender with the way may be a little bit myself right now. I it that way this one time. But I do not he has approached this thing. think I am somewhat justified under want ever again to hear anybody on I remind my friend from Iowa that the circumstances, and I make allow- this floor call Miguel Estrada a right- we have a standard in the Senate ances for that. I hope my colleagues wing kook or any other nomination by against relying on anonymous allega- will make allowances for me right now. President Bush, any more than we tions, even though I have seen people I keep hearing that Miguel Estrada should have called some of the far-left on that side bring up anonymous alle- has no record. That is a slander. And judges who were nominated by Presi- gations where Mr. Estrada could not for those who have written it, it is a dent Clinton left-wing kooks. even confront those making the allega- libel. The Judiciary Committee has We never did that, or at least I do not tions. That is just hitting below the confirmed numerous Clinton court ever recall doing that. I certainly did belt. Senator BIDEN made it clear that nominees who, like Miguel Estrada, not, and I do not recall anybody else should never happen, and yet it has had no prior judicial experience. What doing it on our side. happened in this Chamber and it has a ridiculous argument, that a person

VerDate Jan 31 2003 17:34 Feb 14, 2003 Jkt 019060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.083 S13PT2 S2408 CONGRESSIONAL RECORD — SENATE February 13, 2003 should not be on the bench because he first judgeship, never having been a Now, naturally, I guess they wouldn’t has no prior judicial experience. Where judge before. Why is it that he can be want to get internal memoranda to use would all those Clinton judges be? a judge and we should work to get him against their own president’s nomi- They would not be on the bench today on the bench but Miguel Estrada nees. They wouldn’t want to go on a if we had that as a rule, and neither should not be a judge because he had fishing expedition that might hurt would many of the top Supreme Court no prior judicial experience? Well, nei- their own nominees, but neither did Justices in history, including Thurgood ther did Blane Michael, but he is sit- we. Now why are we using this red her- Marshall, whom nobody in this body ting on the Fourth Circuit Court of Ap- ring to justify a filibuster against one would be against today—bless his de- peals, his first judgeship. He had been a of the finest nominees I have seen in 27 parted soul. He, of course, had no prior Federal district court clerk and served years on the Senate Judiciary Com- judicial experience when he was nomi- as a Federal prosecutor in New York mittee—Miguel Estrada? nated to the federal appellate bench. and West Virginia before becoming a Let me address, once again, the Dem- A number of Clinton nominees partner in a law firm. He had virtually ocrat demand to hold Mr. Estrada’s worked in the Justice Department or no published writings, just like Miguel nomination hostage for confidential in- other branches of the Federal Govern- Estrada. Again, however, no one tried ternal memoranda. The Department of ment, like Miguel Estrada, but Senate to gain his confidential privileged Justice historically has not disclosed Democrats made no demands for their memoranda from his time as a Federal confidential, deliberative documents internal memoranda or privileged work prosecutor before confirming him, and from career lawyers in the Solicitor product and, I might add, neither did we would not. General’s Office in connection with a we Republicans. We did not make those Arthur Gajarsa was confirmed to the judicial nomination. The Senate his- demands. We knew that would be a red Federal Circuit in 1997. He was a clerk torically has not even asked the De- herring to slow down the nominee. to a Federal district judge, then partment to do so. We know this is a fishing expedition, worked as an in-house counsel at an in- My Democratic colleagues are cre- and nobody in their right mind who un- surance company and later as a special derstands government, who under- counsel at the Department of Interior ating a new double standard that ap- stands the separation of powers, who before joining a law firm. Did Demo- plies only to the nomination of Miguel understands privilege, and who under- crats demand his internal memoranda? Estrada. A double standard, why is stands the right of the Solicitor Gen- After all, he, like everyone else men- that? I ask the people out there who eral’s Office to keep its own memo- tioned, had never been a judge. But, no, are watching C-SPAN, why is it that randa of recommendations on appeals, he was confirmed like the rest without all of a sudden they are asking for all on certiorari, and on amicus briefs con- anyone reviewing his confidential work these things from the only Hispanic fidential would make this demand. It is product. nominee in the history of the Circuit one of the most ridiculous assertions I Then there is Eric Clay, confirmed to Court of Appeals for the District of Co- have seen, and yet that is the basis on the Sixth Circuit in 1997. He never had lumbia? I think everyone out there which they are hanging this filibuster. been a judge before. He was a law clerk must know by now. I don’t think I even There is nobody in any administration to a Federal district court judge, and have to spell it out, but maybe I should who would allow the Senate to muddle worked in a law firm. What did we spell it out a little bit. around and make public and politicize know about him that we do not know Every living former Solicitor General legal memoranda and recommenda- about Mr. Estrada? Absolutely noth- has denounced the Democrats’ de- tions, in those three areas at least—in ing. We did not seek his confidential mands. Every one of them, four of other areas as well, but especially memoranda. We confirmed him any- whom are eminent Democrat former those three areas—appeal, certiorari, way. We did what was right. Solicitors General. I have said this be- and amicus curiae recommendations. Another was John Kelly, whom we fore but I think it is worth repeating. Democrats are saying Miguel Estrada confirmed for the Eighth Circuit in That letter was signed by Democrats has no judicial experience, and there- 1998, yet another Clinton nominee to Seth Waxman, Clinton’s Solicitor Gen- fore he should not be on the bench. the circuit court who had never been a eral; Walter Dellinger, one of Clinton’s What about Merrick Garland? I person- judge. He had worked in the Office of top people in the White House; Drew ally pushed Merrick Garland through. General Counsel for the Secretary of Days, and Archibald Cox; and by Re- There were those who did not want to the Air Force before going into private publicans Ken Starr, Charles Fried, and push him through, but before the end practice. But Republicans never sought Robert Bork. they all realized he was an exceptional his internal memoranda, and he had All seven have said, in essence, that man, a very good person, no more than very few published writings. this is ridiculous, that the Justice De- Miguel Estrada is, but pretty darn ex- What about Sid Thomas? He was con- partment should not turn over con- ceptional, and he still is. He is a good firmed to the Ninth Circuit Court of fidential recommendations on appeals, judge. He was confirmed as a judge for Appeals in 1996 and had never been a certiorari petitions, and amicus curiae the DC Circuit in 1997. He had never judge. In fact, he had not even had a petitions. been a judge before. He had held sev- clerkship. He also had very few pub- The Solicitors General explained that eral positions in the Department of lished writings. Democrats, however, the frank exchange of ideas on which Justice. Like Mr. Estrada, he was a did not cry out about his lack of a their office depends ‘‘simply cannot partner in a prestigious DC law firm. record. The entire transcript of his take place if attorneys have reason to But did anyone seek confidential hearings takes up less than 2 pages in fear their private recommendations are memoranda from his time at the Jus- the RECORD. Why is it that he was not private at all but vulnerable to tice Department? Absolutely not. We treated differently than Miguel public disclosure.’’ would not have stooped that low. To Estrada? I suspect it is because we gave The letter concludes that: use it as a red herring so they could President Clinton’s nominees the ben- [A]ny attempt to intrude into the Office’s justify a filibuster, that is even stoop- efit of the doubt in almost all cases. highly privileged deliberations would come ing lower. But this crew on the other side is not at a cost of the Solicitor General’s ability to William Bryson is another one who giving this President the same fair defend vigorously the United States’ litiga- was confirmed as a judge on the Fed- treatment that we gave to President tion interests—a cost that also would be eral Circuit in 1994. He had never been Clinton. borne by Congress itself. a judge. He held several positions at I could go on and on but I think I Now, longstanding historical practice the Department of Justice and was an made the case. Democrats opposing confirms that deliberative memoranda associate at a prestigious firm in town. Miguel Estrada consistently failed to are off limits during confirmation Senate Democrats never asked for the seek internal memoranda for Clinton hearings. Since the Carter administra- confidential memoranda he wrote dur- nominees who had no prior judicial ex- tion, the Senate has confirmed former ing his time at Justice. The list goes perience and little in the way of publi- Justice Department employees—even on. cations. The Democrats’ claim that those with no prior judicial experience, Blane Michael was confirmed as a they have to do so now for Miguel as I have already explained—without judge on the Fourth Circuit in 1993, his Estrada simply does not hold water. demanding to see their confidential

VerDate Jan 31 2003 17:34 Feb 14, 2003 Jkt 019060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.085 S13PT2 February 13, 2003 CONGRESSIONAL RECORD — SENATE S2409 memoranda. It should not adopt a new source of the Easterbrook memos, be consists of a two-page memorandum ref- double standard for Mr. Estrada’s nom- printed in the RECORD. erencing another memorandum prepared by ination. There being no objection, the letters someone else. The written record of Judge Since 1997, the Senate has approved were ordered to be printed in the Easterbrook’s hearing contains none of the three documents, or even a reference to RECORD, as follows: 67 appellate nominees who previously them. worked at the Justice Department, in- U.S. SENATE, Enclosed is a copy of my letter to Senator cluding 38 with no prior judicial experi- COMMITTEE ON THE JUDICIARY, Schumer, which seeks clarification of wheth- ence. The Department did not disclose Washington, DC, October 1, 2002. er the Committee requested these documents deliberative memoranda for any of Hon. CHARLES E. SCHUMER, from the Department of Justice in connec- those nominations. In fact, the Senate U.S. Senate, Committee on the Judiciary, tion with Judge Easterbrook’s confirmation did not even request such documents. Washington, DC. and whether the Department consented to DEAR SENATOR SCHUMER: Thank you for Seven of the 67 were in the same posi- their disclosure to the Committee. It also chairing last Thursday’s hearing on the nom- asks for an explanation of the manner in tion as Mr. Estrada. They had worked ination of Miguel Estrada to the United which the Committee came to possess the for the Solicitor General and had not States Court of Appeals for the District of documents in the event that they were nei- been judges previously. These seven Columbia Circuit. I write to seek your clari- ther requested of nor produced by the De- nominees were nominated by Presi- fication on a matter which you raised at the partment of Justice. dents of both parties and were con- hearing. Yesterday, Senator Schumer’s office ad- You reiterated your belief that the Depart- firmed by Senates controlled by both vised my staff that the full Committee pro- ment of Justice should turn over certain ap- vided him with the documents at issue and, parties. Again, the Justice Department peal, certiorari and amicus recommenda- did not disclose deliberative memo- for this reason, he is deferring to you for a tions that Mr. Estrada authored when he response to my letter. I look forward to randa in any of these nominations. The served as an Assistant to the Solicitor Gen- hearing from you, particularly in light of the Senate did not even request such a dis- eral. As precedent for this request, you noted October 8 letter of Assistant Attorney Gen- closure for good reason, because we that during the nomination of Judge Frank eral Dan Bryant, which stated the Depart- knew it was improper. Easterbrook to the Seventh Circuit Court of ment’s conclusion that it did not authorize None of the so-called disclosures Appeals, similar memos were turned over to the release of the Easterbrook memorandum. cited by the Democrats are precedent the Committee. You produced those docu- Sincerely, ments and placed them into the hearing for the sweeping demands they are ORRIN G. HATCH, record. When Republican staff requested cop- Ranking Republican Member. making regarding Mr. Estrada. In fact, ies of the documents, only one of the three only two of their purported ‘‘prece- documents we received appeared to pertain Mr. HATCH. Let’s take a closer look dents’’ have even involved lawyers who to Judge Easterbrook. That document con- at another one of the Democrats’ al- worked in the Solicitor General’s Of- sists of a two-page memorandum referencing leged examples. William Rehnquist, the fice. And the Democrats’ examples did another memorandum prepared by someone current Chief Justice, during his hear- not involve turning over what the else. ings to be Associate Justice, refused to At the hearing, you did not explain wheth- then-chairman of the committee, Sen- reveal the private advice he had given er the Committee had ever formally re- to other Justice Department officials ator LEAHY of Vermont, demanded— quested this document, or the other two doc- amicus, certiorari, and appeal rec- uments, from the Department of Justice, or while he was Assistant Attorney Gen- ommendations. whether the Department of Justice con- eral for Legal Counsel. Let me address some of the specific sented to their disclosure. The written He stated: examples my Democratic colleagues record of Judge Easterbrook’s hearing con- [I]nsofar as I may have been asked for ad- have represented as pressing for their tains no such documents, or even a mention vice in the process of making administration demand. One is Frank Easterbrook, of them. So that the record of Mr. Estrada’s policy decisions upon which the administra- who is a judge on the Seventh Circuit. hearing is as complete as possible, please ad- tion has not taken a public position, there, I vise whether you have any information that think, the lawyer-client privilege very defi- The Democrats’ mere possession of a the Committee requested these documents nitely obtains. single memoranda, a 2-page amicus from the Department of Justice and whether By the way, he was confirmed as a recommendation that Mr. Easterbrook the Department consented to their disclo- Justice on the Supreme Court. wrote as an Assistant to the Solicitor sure to the Committee. If the documents Furthermore, on November 5, 1971, were neither requested of nor produced by General, does not suggest that the Jus- the Attorney General specifically re- tice Department waived any privileges the Department of Justice, please indicate the manner in which the Committee came to fused to waive the attorney-client or authorized it to be disclosed. The of- privilege after a Senator asked him to ficial record of the Easterbrook con- possess them. Thank you for your prompt attention to do so, stating: firmation hearing contains no ref- this matter. I look forward to your response. I can well appreciate your personal, in- erences to this document. Sincerely, tense interest in probing into all aspects of After comprehensively reviewing its ORRIN G. HATCH, Mr. Rehnquist’s work while at the Depart- files, the Justice Department con- Ranking Republican Member. ment of Justice. I am sure you appreciate, cluded that it never authorized the re- however, that it is essential to the fulfill- lease of the documents. It was probably UNITED STATES SENATE, ment of my duties and obligations that I leaked by some Democrat in the Jus- COMMITTEE ON THE JUDICIARY, have the candid advice and opinions of all Washington, DC, October 10, 2002. tice Department. That makes it wrong. members of the Department. Further, I am Hon. PATRICK J. LEAHY, Yet it is being used as an example on sure you realize that if I should consent to Chairman, Committee on the Judiciary, your request or other requests to inquire the floor. U.S. Senate, Washington, DC. Last fall I sent a letter to Senator into the basis and background of advice and DEAR CHAIRMAN LEAHY: On October 1, I opinions that I receive from the members of SCHUMER, then to Senator LEAHY, spe- sent a letter to Senator Schumer seeking my staff, it would be difficult to obtain the cifically asking for information about clarification of questions about certain docu- necessary free exchange of ideas and how the Democrats obtained this ments that he submitted for the record at thoughts so essential to the proper and judi- memorandum. To this day I have re- Miguel Estrada’s confirmation hearing. cious discharge of my duties. These documents consisted of memoranda The Rehnquist example is irrelevant ceived absolutely no response to my that Senator Schumer stated were provided question. I think there is good reason to the Committee by the Department of Jus- for the additional reason that none of for that—because the document should tice during the nomination of Judge Frank the information sought related to ami- never have been leaked to begin with. Easterbrook to the Seventh Circuit. Senator cus, certiorari, and appeal rec- This single document provides no Schumer cited these documents as precedent ommendations. Indeed, Chief Justice precedent for the Democrats’ sweeping for your request that the Department release Rehnquist never served in the Solicitor request for every document Mr. to the Committee appeal, certiorari and ami- General’s Office. Estrada ever prepared, which is what cus recommendations that Mr. Estrada au- Let’s look at a third example that they have asked. thored when he served as an Assistant to the my Democratic friends claim justifies Solicitor General. Mr. President, I ask unanimous con- When Republican staff requested copies of the release of confidential Solicitor sent that the letters I wrote to Senator these documents, however, only one of the General Office memos—Benjamin Civi- SCHUMER of New York and Senator three documents provided appeared to per- letti. During his 1979 confirmation LEAHY of Vermont, inquiring about the tain to Judge Easterbrook. That document hearings to be Attorney General—and I

VerDate Jan 31 2003 17:34 Feb 14, 2003 Jkt 019060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.087 S13PT2 S2410 CONGRESSIONAL RECORD — SENATE February 13, 2003 was there in the Senate Judiciary Com- sight into his personal views does cre- I am aware, Senator, of some of the debate mittee at the time—the Senate did not ate a double standard. My Democratic on the pros and cons, and certainly before I request materials that he had prepared colleagues did not require nominees of was a judge I was engaged in comment on previously as a Department of Justice them. But as a judge, I have been dealing President Clinton to answer questions with them strictly from the point of view of official. Rather, it simply sought assur- of this sort. In fact, many Clinton cir- legal challenges to them. I have sat on a case ances that Civiletti would cooperate cuit court nominees refused to answer where a mandatory minimum sentence was with the Senate’s oversight of the Jus- such questions. President Clinton’s ap- challenged, and we upheld it. tice Department in the future. Mr. peals court nominees routinely testi- Finally, she was asked her view of Civiletti never specified which docu- fied as to their judicial approach with- the three-strikes law and stated: ments he would be willing to turn over out discussing specific issues or cases As an appellate judge, my obligation is to or which documents would be privi- that could come before them as a enforce the laws that Congress passes or, leged. judge. A few examples illustrate the where I am now, that the District of Colum- During his 1978 hearings to be Deputy point. bia Council passes. Attorney General, the Senate obtained Each of the nominees I am talking Why is there a different standard for documents related to allegations that about was confirmed to one of the cir- Miguel Estrada? Those are the same Mr. Civiletti had interfered with an in- cuit courts of appeals. answers, basically, that Miguel Estrada vestigation of an alleged kickback First we have Merrick Garland. In gave to these similar types of ques- scheme involving Members of Congress. the nomination of Merrick Garland to tions. The documents related to specific the DC Circuit, Senator SPECTER asked Let’s take another example: Kim charges of misconduct. Unlike during him: Wardlaw. In the hearing on Judge Mr. Civiletti’s confirmation, there Wardlaw’s nomination to the Ninth have been no allegations that Mr. Do you favor, as a personal matter, capital punishment? Circuit, she was asked about the con- Estrada engaged in any improper be- stitutionality of affirmative action. Judge Garland replied only that he havior or otherwise failed to discharge She stated, in an answer similar to would follow Supreme Court precedent: his duties. Miguel Estrada’s answer to the same As I recall it, Mr. Civiletti was not This is really a matter of settled law now. question: The Court has held that capital punishment found to be wanting in that area ei- The Supreme Court has held that racial ther. None of the Civiletti materials is constitutional and lower courts are to fol- low that rule. classifications are unconstitutional unless were amicus, certiorari, or appeal rec- they are narrowly tailored to meet a compel- ommendations. Indeed, Mr. Civiletti Senator SPECTER also asked him ling governmental interest. never served in the Solicitor General’s about his views of the independent Why is there a double standard with Office. counsel statute’s constitutionality, regard to this Hispanic nominee when Now let’s turn to Brad Reynolds. The and Judge Garland responded: it was not utilized against these other Senate sought and received materials Well, that, too, the Supreme Court in Mor- nominees? These answers were per- in the course of pursuing specific alle- rison v. Olsen upheld as constitutional, and, fectly all right and acceptable for these gations that Mr. Reynolds, while As- of course, I would follow that ruling. other nominees. sistant Attorney General for Civil Another example is Judith Rogers. In Now let’s turn to Marsha Berzon and Rights, failed to enforce the Voting the hearings on Judge Rogers’ nomina- Robert Katzmann. In a hearing on Rights Act and the Civil Rights Act. As tion to the DC Circuit, she was asked their nominations to the Ninth and with Mr. Civiletti, the Department’s by Senator Cohen about the debate Second Circuits, Senator SMITH asked disclosure was limited to specific cases over the evolving Constitution. Judge each whether legislation to prohibit of alleged misconduct. There have been Rogers responded: partial-birth abortion was unconstitu- no allegations that Mr. Estrada en- My obligation as an appellate judge is to tional. Judge Katzmann responded as gaged in any improper behavior or apply precedent. Some of the debates which follows: failed to discharge his duties while I have heard and to which I think you may I would say that that is an issue that—Sen- working at the Solicitor General’s Of- be alluding are interesting, but as an appel- ator—that is a very important issue, and fice. Significantly, although Mr. Rey- late judge, my obligation is to apply prece- that as a judge, I would really have to evalu- nolds had previously served as assist- dent. And so the interpretations of the Con- ate that issue in the context of a law that is ant to the Solicitor General, and it was stitution by the U.S. Supreme Court would actually passed, and then in terms of a case a very-hard fought confirmation, the be binding on me. or controversy. In terms of adjudication, Senate never suggested that his appeal, My gosh, where is that any different there are restrictions on judges rendering ad- from Miguel Estrada’s answers? They visory opinions on particular pieces of legis- certiorari, or amicus recommendations lation in the advance of passage. And then should be divulged—never. Nobody are the same. Why the double stand- even after passage, I think what a judge has would have stooped to that level at the ard? Why are we now demanding of to do is to evaluate the case in the context time. Miguel Estrada something we didn’t of a real case or controversy. Another alleged example that our demand of the Clinton nominees? Judge Berzon responded with the fol- friends have brought up is Jeffrey She then was asked how she would lowing: Holmstead. In 2001, the Senate re- rule in the absence of precedent and re- And I essentially agree with that answer. quested 41 files that Mr. Holmstead sponded this way: . . . .It would obviously be inappropriate to created during his service as Associate When I was getting my master’s in judicial say anything further on that precisely be- Counsel to the first President Bush. process at the University of Virginia Law cause the issue might come before a court on The White House declined. After Mr. School, one of the points emphasized was the which Mr. Katzmann or I could be sitting. Holmstead’s hearing, the Senate, based growth of our common law system based on Why the double standard? Why aren’t on its particularized concerns about the English common law judge system. And the answers Mr. Miguel Estrada gave one specific subject, requested docu- my opinions, I think if you look at them, re- given the same credibility as the an- ments related only to that matter. Be- flect that where I am presented with a ques- swers of these two Clinton judges? Why tion of first impression, that I look to the cause of the specificity of the Senate’s language of whatever provision we are ad- is there a double standard? Why is he concerns, the White House accommo- dressing, that I look to the interpretations being treated differently? dated the committee by permitting re- of other State courts, and it may be nec- I have heard countless colleagues get view of documents related to that one essary, as well, to look to the interpreta- up over here and complain and moan subject matter while expressly pre- tions suggested by commentators. And with- and groan and try to come up with ex- serving all privileges. Mr. Holmstead is in that framework, which I consider to be a cuses for their vote against Miguel no precedent for the current set of discipline, that I would reach a view in a Estrada and for their filibustering for sweeping requests for every appeal, cer- case of first impression. the first time in history a Hispanic tiorari, or amicus recommendation Where is that different from Miguel judge, the first ever nominated to the that Estrada prepared during his years Estrada’s answers? Miguel Estrada an- Circuit Court of Appeals for the Dis- in the Solicitor General’s Office. swered basically the same way. trict of Columbia. The criticism that Miguel Estrada is Judge Rogers also was asked her view I have heard a lot of complaining. refusing to provide the Senate with in- of mandatory minimums and stated: But there has not been one statement

VerDate Jan 31 2003 02:05 Feb 15, 2003 Jkt 019060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.089 S13PT2 February 13, 2003 CONGRESSIONAL RECORD — SENATE S2411 of substance. Why is he being treated more? Why is it that it is tough for young Hispanic in this country—man differently? Why should a Hispanic ju- him? Why is it that my friends on the and woman? dicial nominee be treated differently other side of the aisle who claim to be They are telling us what a Hispanic than all these other non-Hispanic for civil rights and who claim to be for has to do to be accepted by the Demo- judges? It seems to me that he ought to equal rights and who claim to be help- cratic Hispanic Caucus in the House be treated similarly, afforded respect. ers to minorities are treating this man which is so partisan that they are un- This is a man who has fulfilled the this way? dermining the first Hispanic ever nom- American dream as an example to I hope everybody in America is ask- inated to the Circuit Court of Appeals countless Hispanic young people that ing that question—because I don’t for the District of Columbia. I think you can make it in this society. But think they can answer it. I have to say they should be ashamed. that a lot of political things are done can a Hispanic who is deemed to be not As for Congressman MENENDEZ ask- only a Republican but a conservative— for political reasons. We are fighting ing me for an apology—is he kidding? I can that type of Hispanic make it? for a Hispanic nominee to the circuit think the apology is owed to the whole Well, I sure hope so. court of appeals. And you saw virtually Hispanic community by the Democrat Now, back to this Berzon and every Republican in the Chamber last Hispanic Caucus over in the House Katzmann matter, I interrupted Sen- night fighting for Miguel Estrada. which is undermining every Hispanic Where were the Democrats? Back- ator SMITH’s questioning on partial- judicial nominee in the future, if they biting, raising false issues, raising birth abortion and noted to Senator are saying—if they did, if I recall it lousy issues, raising I think sometimes SMITH: correctly—because he has no judicial immature issues, raising irrelevant Well, Senator, if I could interrupt, you experience he should not have the issues, raising red-herring issues, treat- have asked some very appropriate and good privilege of sitting on the Circuit Court questions. . . Both of them have said, in my ing him totally different from the way of Appeals for the District of Columbia. opinion that they are not sure how they they wanted their caucasian nominees would decide the case, and that they to be treated. I have previously gone through more wouldn’t want to give the opinion that they Why is this different? Is it because than two dozen Clinton nominees who have now without hearing all the facts and Mr. Estrada is Hispanic? I don’t believe had no prior judicial experience and evidence.... But they both say that that that. I don’t believe my colleagues are who are now sitting on the circuit could likely come before them and that they court of appeals. are going to have to decide it at that time. prejudiced against Hispanics. But I be- In the joint hearing on Judge Fisher Now, those two Clinton judicial lieve they don’t want a Republican His- and Judge Barry, Senator SMITH asked nominees, Judge Berzon and Judge panic to serve on the Circuit Court of Appeals for the District of Columbia no whether the nominees would have be- Katzmann. Some might say that they lieved that there was a constitutional provided nonanswers to important matter who is President, but especially when there is a Republican President. I right to abortion without the Roe v. questions they were asked. But I think Wade precedent. they provided legitimate answers for don’t think you can conclude anything the important reason that those ques- else. This is very similar to questions that After watching these proceedings and tions might come before them someday Senator SCHUMER of New York asked after listening to these statements, in the event of their confirmation. certain nominees. Why should Miguel Estrada be treat- where is one point of substance against But I interrupted Senator SMITH to ed any differently by my colleagues on that nominee? In all of this debate, say—to my own colleague on my own their side when I personally counseled where is it? It isn’t there. side, one of my close friends in the Sen- Why do they think his answers are one senator on my side that the an- ate—as chairman, I said: ‘‘That is not a insufficient when they are virtually swers of these Clinton judges were suf- fair question to these two nominees be- identical to their non-Hispanic nomi- ficient? cause regardless of what happened pre- They were appropriate answers that nees’ answers? Is it because they are 1973, they have to abide by what has they gave because they shouldn’t have trying to do a better job for the judici- happened post-1973 and the current been talking about cases that could ary than the Republicans were trying precedents that the Supreme Court possibly come before them. to do? I don’t think so—no better than has.’’ this Republican was trying to do, I will Let me go to Judge Maryanne Trump Think about that. I basically told my tell you that. I was in a position to do Barry. own colleague that he was out of line a lot. I am now talking about circuit in asking that question, even though How about Raymond Fisher? In the judges who made it through the system he had a right to do it. without any of this rig marole that has hearing on Judge Raymond Fisher’s nomination to the Ninth Circuit, Sen- Everybody knows I am pro-life. No- surrounded trying to defeat Miguel body doubts that. I have stood up for Estrada. ator SESSIONS asked about Judge Fish- er’s own personal views on whether the that, and I will always stand up for it In the hearing on Judge Barry’s nom- because it is the right thing to do. It is ination to the Third Circuit, Senator death penalty was constitutional. He had a right to do that. But Judge the moral, upright thing to do as well. SMITH asked whether ‘‘an unborn child Fisher also had a right to respond. He To have 39 million abortions in this so- at any stage of pregnancy is a human responded: ciety and millions more around the being.’’ My view, Senator, is that, as you indi- world primarily because of Roe v. Wade Senator SMITH is not an attorney. is something that every American But anybody on the committee can ask cated, the Supreme Court has ruled that the death penalty is constitutional. As a lower ought to be analyzing and asking, any question they want to ask. He appellate court judge, that is the law that I What is going on here? asked whether ‘‘an unborn child at any am governed by. I don’t want in my judicial When we find that so many on the stage of pregnancy is a human being.’’ career, should I be fortunate enough to have other side of the aisle support even par- That was a loaded question—no ques- one, to inject my personal opinions into tion about it. whether or not to follow the law. I believe tial-birth abortion where a full-of-life Judge Barry responded: that the precedent of the Supreme Court is baby capable of being born outside of the mother’s womb and living is basi- Casey is the law that I would look at. If I binding and that is what my function is. had a personal opinion—and I am not sug- That is exactly, in essence, the lan- cally killed by a doctor by ramming gesting that I do—it is irrelevant because I guage that Miguel Estrada used. Yet he scissors into the back of its skull be- must look to the law which binds me. is being criticized. Why? Is it because, fore that baby is pulled out so they can My goodness. Why is Miguel Estrada as some of the Hispanic Caucus in the suck the brains out—and then say that being treated differently than Judge House said, he is just not Hispanic is not a human being? Barry, or any of these other circuit enough; or that he hasn’t done enough I don’t see how anybody can stand up court of appeals judges who were not for the Hispanic community? What with that kind of barbaric practice, but Hispanic? Why is he being treated dif- more can a young man do than to rise it has been done. ferently? Why isn’t he accorded the to the top of his profession as a His- Every time I think of one of these same respect? Why is he expected to do panic and as an example to every judges and how well we treated them

VerDate Jan 31 2003 02:05 Feb 15, 2003 Jkt 019060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.091 S13PT2 S2412 CONGRESSIONAL RECORD — SENATE February 13, 2003 and how fairly we treated them, and Estrada’s answers, which were basi- tional precedent I am not sure we can then I see the contrast of how they are cally the same as these answers, are get rid of afterwards. And I believe you treating Miguel Estrada, I want the considered nonanswers when these are talking about upwards of 60 votes American people to know this. This is were considered substantive answers? needed for every future judge of any pure bunk on their side. Where is the Why is there a double standard? I do quality and, I have to say, taking away substance? Why would they be filibus- not understand this. Why is there a a great deal of the President’s power to tering for the first time in history and double standard? nominate these judges, to select these establishing this dangerous precedent I got off on this because of the com- judges, because no President would be where both sides can require 60 votes ments of the distinguished Senator able to have the right to select judges, for anybody to become a judge in this from Iowa that I have set a double not without the absolute blessing of country? And the Presidents will no standard. I defy him to show where I the Senators. It is almost that bad now longer control this process. Presidents have, because I have been fair. Again, I anyway. will have to succumb to the almighty will repeat, the all-time confirmation Well, Mr. President, I think I have Senate if that becomes the rule. champion was Ronald Reagan, with 382 more than made a case that there is a That is what they are playing with confirmed Federal judges. That was double standard here. I think I have over there. It is unbelievable. Presi- amazing. Everybody thought that was more than made the case that a lot of dents will no longer control the nomi- amazing. Democrats have been mad these Democrat judges have been treat- nation process in any respect. They ever since, that we could have con- ed differently from the way Miguel will have to do whatever the Senate firmed 382 Reagan nominees to the Estrada is being treated, and that is says. Federal bench, almost all of whom even not considering the filibuster. I cannot think of a worse thing that have served with distinction in the best When you consider the filibuster, could happen to this country, because interest of this country, working with that is like throwing nuclear waste all the judiciary is one-third of the sepa- Democrat judges as well. over the judiciary process, because rated federal powers in this country. Reagan had 6 years of a Republican that really is going to cause problems My gosh, let me go to Richard Senate to help him get those 382 around here like we have never even Tallman, since we are going through to through. President Clinton got vir- dreamed of before. show how they treated their nominees tually the same number, and he had 6 It is inadvisable, it is wrong, it is a lot differently than they are treating years of an opposition party in control constitutionally unsound. And it is a this Hispanic nominee. of the Senate. He did not have 6 years travesty. And it is—to use a very im- I hope every Hispanic in this country of his own party helping him. He actu- portant word—unfair, unfair to Miguel is listening because it affects every ally had 6 years of an opposition party. Estrada, unfair to the President, who Hispanic in the country, Democrat, I was chairman, and he got virtually has nominated him, unfair to this proc- Independent, and Republican. the same number—astounding. He was ess, unfair to Republicans on this side Richard Tallman. In followup ques- treated fairly. who treated Clinton judges fairly and tions to his hearing on his nomination And for anybody to walk on this floor well. It is unfair to our procedures to the Ninth Circuit, Senator SMITH and criticize me because we were un- around here. asked Judge Tallman whether ‘‘there able to get through some of the judges With that, I yield the floor. are any questions that you feel are off at the end of the session is disingen- Mr. LEAHY. Mr. President, last limits for a Senator to ask?’’ uous. There were much fewer left over night, White House Counsel Alberto Judge Tallman’s response: at the end of President Clinton’s ten- Gonzales responded to the letter that A Senator may ask any question he or she ure than there were at the end of Bush Senator DASCHLE and I sent to the wishes. Judicial nominees are limited by ju- 1. We did not complain that there were President this week, renewing the re- dicial ethical considerations from answering 54 judges left over at the end of Bush 1 quest that the Judiciary Committee any question in a manner that would call for and, in essence, only 42 left over at the made for the Justice Department work an ‘‘advisory opinion’’ as the courts have de- end of Clinton. records of Mr. Estrada. This is a re- fined that or that in effect would ask a nomi- But I do bitterly resent anybody quest that the Judiciary Committee nee to suggest how he or she would rule on coming in here and saying I had a dou- first made nearly a year ago, and it is an issue that could foreseeably require his or her attention in a future case or controversy ble standard, when I worked so hard, a request that has been made repeat- after confirmation. and had to overrule a number of my edly since then. colleagues—not a big number, but a I regret that, at this point, the White Senator SMITH also asked Judge House remains recalcitrant and con- Tallman several questions regarding small number of colleagues—who want- tinues to stand in the way of a solution how he would have decided certain Su- ed, yes, some of them wanted to fili- to this impasse. preme Court cases, including Brown v. buster, and I helped to overrule that. For an administration that engages Board of Education and Roe v. Wade. And they all realize today why they in lawyer-bashing at every turn, there Judge Tallman’s answer to the Roe should have never even contemplated is some irony in the fact that the question was as follows. His answer to that. And this has helped to bring it White House has put a bevy of lawyers the other question was the same: into even greater focus. I am calling on my colleagues on the to work to compose a lawyer’s brief It is entirely conjectural as to what I other side to bring it into focus and re- rather than a straightforward response would have done without having the oppor- tunity to thoroughly review the record pre- alize this is dangerous stuff they are to Senator DASCHLE’s good-faith effort sented on appeal, the briefs and arguments of playing with here. It is dangerous. It to resolve this standoff. counsel, and the supporting legal authorities could cost this country and all future But the letter from Mr. Gonzales that were applicable at that time. I would Presidents control of the nominations does provide some new information note that the Supreme Court has since modi- process. that is quite interesting in one respect, fied Roe v. Wade, in Planned Parenthood v. Now, they do not control it com- at least. Buried within the 15-page let- Casey. pletely. We have an obligation, too. ter is a new admission that the Justice Look, that is an answer no different Our obligation is to advise and consent. Department and Senate Republicans than the answers for which they are Now, advise and consent does not mean had previously refused to make. The criticizing Miguel Estrada. Why is advise and filibuster. It does not mean administration has finally acknowl- that? Why is it they are not being fair advise and obstruct. It does not mean edged that there is precedent for pro- to this Hispanic nominee? Why is it advise and help some people but treat viding the very types of documents the they do not care about fairness? Why is others with a different standard, like Judiciary Committee requested almost it they are not being fair to the nomi- Miguel Estrada is being treated here. It a year ago in connection with Mr. nees of the President of the United does not mean that. And advise and Estrada’s nomination. States? Why is it they are not observ- consent does not mean advise and fili- Interestingly, the administration in ing the Senate practice of not filibus- buster, to go back to that point. this letter makes no claim of legal tering nominees to the Federal courts If they succeed in this, they will have privilege or executive privilege to of this country? Why is it Miguel established, I believe, an unconstitu- withhold these documents from the

VerDate Jan 31 2003 02:05 Feb 15, 2003 Jkt 019060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.093 S13PT2 February 13, 2003 CONGRESSIONAL RECORD — SENATE S2413 Senate. Instead, the White House Coun- pace of hearings every single month The minority whip. sel’s Office insists on substituting its that greatly improved on the slow and Mr. REID. Mr. President, Senator judgment for the Senate’s and tells the halting pace set by the previous Repub- STEVENS had asked some time ago if we Senate that we already have sufficient lican Senate in the handling of Presi- could move things along. The Senator information about this nominee. dent Clinton’s judicial nominees. The from Iowa has agreed to allow the Sen- We on this side of the aisle are mak- choice does not have to be between the ator from Minnesota, who has been ing the simple request that judicial slow pace of the earlier Republican waiting here a long time, to give a nominees for these lifetime positions Senate in the handling of President speech on a subject, I believe it is Iraq. fully and forthrightly answer legiti- Clinton’s nominees and the frenetic And he originally wanted to speak for mate questions so the Senate can make pace of the new Republican Senate in 20 minutes. I asked him if he would informed decisions. Even more impor- the handling of President Bush’s nomi- speak for 10, and he has graciously con- tant than this or any other nomination nees. We can and should find a respon- sented to do that. It is my under- itself is the straightforward principle sible pace somewhere between those standing the Senator from Arizona that no nominee should be rewarded extremes. wishes to speak. with a lifetime appointment to the sec- The court to which Mr. Estrada has I ask unanimous consent that fol- ond highest court in the land for been nominated, the Circuit Court of lowing the Senator from Minnesota stonewalling the Senate and the Amer- Appeals for the District of Columbia, speaking for 10 minutes, the Senator ican people. Getting a lifetime post on has been called the second most power- from Arizona be recognized for a period the Federal courts is a privilege, not a ful court in the land, and for good rea- not to exceed—how much time? right. son. This court, in particular, affects Mr. MCCAIN. One hour. I have voted for many, many judges every single American in many ways, Mr. REID. One hour. I ask unanimous whose judicial philosophy I disagreed in its decisions on everything from consent that be the order. with, but at least I knew what their ju- clean air and water issues to the voting The PRESIDING OFFICER. Is there dicial philosophies were. In fact the rights of Latinos and other minorities objection? Democratic Senate confirmed 100 of to the health and employment rights of Mr. MCCAIN. Actually, I object. I President Bush’s judicial nominees by working men and women. will not take a time agreement at this the end of last year, and I voted for No circuit court in the Nation is time. I will agree. I withdraw my objec- nearly all of them. The same can be more important to Hispanic Americans tion. said for each and every Senator on this than the DC Circuit. I commend the Mr. REID. I say, before the Chair en- side of the aisle. Congressional Hispanic Caucus for the ters that, if the Senator from Arizona I hope that after getting this letter time, the effort its members have in- needs more time, we will certainly ar- off its chest, the administration will vested and the courage its members range that. now begin to work with us. If they did have shown in closely examining the The PRESIDING OFFICER. Is there we could end the stalemate they have record, in interviewing Mr. Estrada, objection? created. and in offering its judgment about the Without objection, it is so ordered. Those of us who want to resolve this importance of this nomination for the The PRESIDING OFFICER. The Sen- in a way that upholds the principle of interests of Hispanic Americans every- ator from Minnesota. the Senate being able to make an in- where. Mr. DAYTON. Mr. President, I thank formed judgment on this and on any ju- What kind of cases does this court my colleague from Nevada for this dicial nominees welcomed the con- handle, and what is at stake in the de- agreement. And I thank the distin- structive discussion on the floor yes- cisions it renders? There is a big hint guished senior Senator from Alaska, terday that Senator BENNETT initiated, in a front page story that ran a few Mr. STEVENS, and Senator MCCAIN also about the potential for reaching agree- days ago in Roll Call, in which leaders for graciously granting me this oppor- ment on making the Justice Depart- on the other side of the aisle are re- tunity. ment documents available to the Sen- minding lobbyists for big business f ate. I hope this is a signal that there is groups that they have a major stake in IRAQ at least a chance that the administra- who gets on this crucial circuit court. tion will yet comply with our request, This process starts with the Presi- Mr. DAYTON. Mr. President, the so that this standoff can be resolved. dent. With a simple directive to the Senate has been dealing with some im- With the White House, the House and Justice Department, he can help the portant matters these days, with a ju- the Senate now all controlled by one Senate resolve this. I was encouraged dicial nomination to the second high- party, we are already seeing an erosion early in his term when the President est court in the country, and shortly to of accountability. Democratic mem- said he wanted to be a uniter and not a bring up an appropriations bill that bers of the Senate are standing up for divider. Yet he has sent several judicial will determine spending across this the Senate’s constitutional role in the nominations, selected foremost for country with hundreds of billions of installation of judges on the Federal their ideology, and not for their fair- dollars for the rest of this fiscal year. courts. ness, that have divided the American But there is something else going on Beyond the difficulties we have en- people and divided the Senate. And in in this country which is of over- countered in obtaining straightforward terms of fairness, it also needs to be whelming importance which really answers from Mr. Estrada and in ob- pointed out that the Republican Senate should supersede all of this, and that is taining his work documents, in recent blocked President Clinton’s nominees the imminent prospect of a war against weeks the overall process of evaluating to this very same court. Iraq. judicial candidates has begun to resem- What are we asking for? It is a simple At the same time we are talking ble a conveyor belt for rubber stamping request: We ask only for sufficient an- about these other matters, this coun- nominees. The conveyor belt has been swers and information so that the Sen- try is under a condition code orange, going faster and faster—so fast that ate can make informed decisions about the second highest level of security we the nominations have begun piling up candidates for lifetime appointments have. Our citizens have been told in the at the end of the belt. We should be to the Federal judiciary. last few days to go out and get duct trying to minimize and not maximize The PRESIDING OFFICER. The tape and sheets of plastic and water. those kinds of ‘‘I Love Lucy’’ moments. Senator from Alaska. Today at the Senate Armed Services Committee hearing, of which I am a We have had an unprecedented hearing f in which not one but three controver- member, the Secretary of Defense sial circuit court nominees were con- LEGISLATIVE SESSION called the time that we are in now ‘‘the sidered, en bloc. Mr. STEVENS. Mr. President, I ask most dangerous security environment In the 107th Congress, the Demo- unanimous consent that the Senate re- that the world has ever known.’’ It is cratic Senate confirmed 100 of Presi- turn to legislative session. for those reasons I wrote the majority dent Bush’s nominees, and we did so in The PRESIDING OFFICER. Without leader and urged we not take a recess an orderly process and with a steady objection, it is so ordered. as planned next week, that we stay in

VerDate Jan 31 2003 17:34 Feb 14, 2003 Jkt 019060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.158 S13PT2 S2414 CONGRESSIONAL RECORD — SENATE February 13, 2003 Washington, stay in session, because I mous responsibility. He brings tremen- dom, no one could raise a doubt about think this is a matter of such urgency dous experience and ability and a he- the might of the United States Armed and such paramount importance to our roic dedication to our country to this Forces and the strength we can bring country and to the world that we task. But if all this administration can to bear anywhere in the world as a last should be continuing to focus on that offer the American people, when our resort, as truly a last resort. matter. national security alert is raised to the But there is another lesson from Sep- The ominous forewarnings of this second highest level, is duct tape, tember 11, which is that no matter how last couple of days affirm to me what sheets of plastic and water, there is great our military might, we are not Robert Kennedy said after the Cuban something very seriously wrong, if this invulnerable. We are too big a country. missile crisis. He said: administration intends to start a war, We have too wide an expanse. We have No action is taken against an adversary in not against the most urgent threat to too many possible targets for terror- a vacuum. The escalation on one side brings this country, not the threat that en- ists. And we saw on September 11 trag- a counterresponse. A government of people dangered us before, attacked us before ically, horribly, the damage and the de- will fail to understand this only at their and endangers us now, according to struction and the cost of human life great peril. many of their own officials, al-Qaida, and the untold human suffering and For the last 55 years the leaders of Osama bin Laden, the tape that was re- misery of families that a very small this country have understood that leased this week that issues that number of fanatical men could cause. principle. They, too, faced dangerous threat against us and our citizens once I don’t think we should back down or dictators who possessed weapons of again, not an attack against al-Qaida be deterred by any threat. I think we mass destruction, who headed coun- but against Iraq, against a country should do what we must to defend this tries that were hostile to the United that, no question, is ruled by an evil country, and the principles we have es- States, the former Soviet Union, man, a dangerous dictator, a man who tablished in the last half century of China, North Korea. But they didn’t at- almost certainly, as the Secretary of dealing with these threats have been tack another country to eliminate State has demonstrated, the President ones that have prevented war, pre- those threats, even though they per- in the State of the Union, possesses bi- served our peace, and strengthened this sisted, even though we disagreed with ological and chemical weapons and has country economically and socially in those countries, what their leaders did for the last 12 years, ever since the its position of leadership in the world. to their own people, the threats they first President Bush made a strategic It would be a very dangerous prece- were around the world. The principal decision at the conclusion of the gulf dent if we were to do, except as a very reason was we understood the doctrine war to leave him in power, which may last resort, what no President in this of mutual assured destruction. We un- have been the right decision given the country has done before, which is to derstood their destruction against the other options that were available. start a war, which is to launch a pre- United States would be an intolerable Yes, an evil dictator, but one who has emptive attack against another coun- cost for our destruction of them and been constrained in key respects by ac- try based on what it might in the fu- for the objectives we might accomplish tive, ongoing efforts of diplomacy with ture do to us. And I think we should militarily. our allies and containment by inter- consider what that precedent would I believe these forewarnings we have national forces by both former Presi- mean if other nations were to follow received the last few days should cause dent Bush and by President Clinton. that example. If we set a precedent in us to ask this administration why Contained, constrained, not perfectly, this ‘‘new world order,’’ as it has been would they expect Iraq to be any dif- not easily, certainly not voluntarily on called, that a preemptive attack ferent. If the United States intervenes his part, but effectively, more effec- against a possible future threat is the and begins to destroy that country and tively than has been acknowledged in way to resolve crises or standoffs, what its cities, cause civilian casualties, recent months. He is weaker, according will happen when other countries adopt why would we not expect Iraq to retali- to reports I have seen, militarily in that path? ate with every destructive force it has most respects than he was before the We have seen now—and we have been available to it within our own borders, gulf war. He does, by all accounts that forewarned—that the nuclear prolifera- against our own cities and our own we can obtain, not possess nuclear war- tion that we are seeing other countries citizens? head capabilities at this time, which I undertake is the worst nightmare that Why wouldn’t we expect Osama bin agree with the President would be in- many predicted years ago, decades ago Laden to do his worst to exploit this tolerable for this country to permit. He if we didn’t—the superpowers—bring to situation, to twist facts to be seen by has not attacked his neighbors—not be- a halt the nuclear arms race and re- the rest of the world other than as they cause he wouldn’t like to, probably, move them from the shelves of the na- are, but in ways that would be destruc- but because he has not had the capa- tions of the world. Now we are told tive to United States standing around bility to do so under these containment that half a dozen countries—and more the world and to our own national se- policies for the last 12 years. And as far to come soon—will have them. That curity now and in the days and months as I have been informed in various should be and must be a warning to us. ahead? briefings, he was not actively threat- What happens if we lead down a path Why does this administration believe ening our country or his neighbors or on which we don’t want other nations it should disregard the lessons that anyone else when he was dusted off the to follow? other Presidents, Republican and Dem- shelf by this administration right after If we set a precedent of preemptive ocrat, have recognized and observed Labor Day. attack, that path is one that the world and proven to be as valid then as they The President has properly refocused will follow at its peril. I urge the Presi- are today? What is different about this the world spotlight on this man and his dent to take that into the most careful situation? intent. The President has drawn a line consideration as he makes this fateful At the Senate Armed Services Com- very clearly, which I support, that it decision. mittee hearing this morning I asked would be intolerable for this Nation to I yield the floor. the Secretary of Defense his assess- permit that dictator to possess nuclear The PRESIDING OFFICER. Under ment of our ability to protect our citi- weapons or the missile capabilities to the previous order, the Senator from zens from retaliatory attacks against deliver those warheads or any war- Arizona is to be recognized for up to 60 them if we were to invade Iraq. I asked heads against this country or against minutes. that question twice. How do you assess, neighbors in the region surrounding f Mr. Secretary, our ability to protect him. our citizens in their homes and their Certainly after September 11 and Op- OMNIBUS APPROPRIATIONS schools and our cities from an enemy eration Enduring Freedom, no one in Mr. MCCAIN. Mr. President, usually I attack? Neither time did I receive a di- this world could question the steely re- begin my diatribes on the appropria- rect answer to that question. Neither solve of our President and his willing- tions bill by lifting up the appropria- time. I have the highest regard for the ness, if necessary, to use military tions bill for all to see; one, it hasn’t Secretary of Defense. He has an enor- force. After Operation Enduring Free- been delivered and, two, I note by the

VerDate Jan 31 2003 17:34 Feb 14, 2003 Jkt 019060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.097 S13PT2 February 13, 2003 CONGRESSIONAL RECORD — SENATE S2415 size of the existing copy down by the that has completely and totally dis- State, Missouri, and Illinois to their desk of the manager that it would be appeared is the good old ‘‘lockbox.’’ I corn growers associations. But this quite a task to pick up this year’s ap- wonder what happened to the good old won’t be an overall production pro- propriations bill. At my advanced age, lockbox. That was the one we were tocol; this is only a pilot program. So I might be in danger of sustaining a going to put Americans’ payments into I am sure there will be a great deal of hernia. But I still think that this prob- Social Security into and we were never additional money coming once we de- ably is—if I may borrow a phrase from going to touch it again. velop the pilot program for production one of our longtime adversaries—the Not only is our economy in distress, protocols of growing corn. mother of all appropriations bills. It is we are also one step closer to war. Next is $50,000 to combat ‘‘feral hogs’’ some 5,000 pages. There are threats to national security in Missouri. You know, somewhere I I can safely say that I have not read that must be disposed of. Yet this ap- had a little depiction of feral hogs. I it. My staff has been feverishly going propriations bill, in my view, has not did not know that they were a threat through certain parts of it, each being changed since last year. In fact, it is to civilization as we know it, or at parceled out. Clearly, we have a mam- predictably about 11 times worse. The least enough to require $50,000 to com- moth conference report on this omni- amounts associated with each earmark bat feral hogs. Sometimes one would bus appropriations legislation, which may not seem extravagant, but taken get the impression that perhaps the nobody has been able to review, exam- together they represent an incredible people in Illinois could fund their own ine, and debate. I say that not without diversion away from Federal programs combat scenario with feral hogs. None- sympathy for the Senator from Alaska, that have undergone the appropriate theless, we will be coming in with 50 who is faced with a situation where ne- merit-based process. grand to combat those feral hogs, gotiations—in fact, they are going on I have two problems with this proc- which I am sure are a serious scourge. There is $500,000 to continue hybrid almost as we speak, or are being com- ess. One, of course, is the appropriating poplar research in Wisconsin. I am sure pleted as we speak. Certainly, the rea- of moneys that are really unnecessary next year we will have a continued pro- and unauthorized and wasteful, very sons for the delay—some 4 months of gram to develop production protocols delay—was not under his control. But I wasteful, but also in this legislation for growing corn; $2 million for the bio- want to discuss this very briefly in are many fundamental policy changes mass gasification research facility in context. and, of course, I object, as chairman of Birmingham, AL. Again, I look forward The context that we are looking at the Commerce Committee, that it to seeing what that is all about. with this legislation is a huge looming didn’t go through my committee. But I And then, staying right on this im- deficit that is in front of us and grow- object to it even more when we have portant mission of gasification, we ing in size almost as far as the eye can not had the open debate and votes have another $500,000 for the gasifi- see. The eye used to be able to see for taken on matters that have national cation of switchgrass in Iowa. Perhaps 10 years. Now we have changed the pro- implications that are fundamental pol- switchgrass can be part of the produc- cedures where the eye can only see for icy decisions. tion protocol of corn. But one doesn’t 5 years. But only a short time ago, we Let’s go back to some of the nec- know; $1 million for the National Agri- were awash in huge surpluses. I will essary earmarks: First, $280,000 for as- cultural Based Industrial Lubricant never forget when Alan Greenspan tes- paragus technology and production in Center; $10 million to develop a high- tified before Congress in favor of the Washington; $220,000 to research future speed data transmission between the 2001 tax cuts because we wanted to foods in Illinois—only in Illinois, of Library of Congress and education fa- make sure we didn’t spend down the course. cilities, libraries, and networks serving debt too fast. We didn’t want to spend My colleagues may note, as usual, western North Carolina. I did not know down that debt too quickly because the need for these earmarks are nearly there was a special need in the western that would have some bad effects on always geographically based. part of North Carolina, as there might our economy. Next is $700,000 for the Midwest poul- have been for other parts of the coun- Well, we don’t have to worry about try consortium in Iowa; $250,000 for re- try. But we will spend $10 million to do spending the debt down too quickly search on the interaction of grapefruit that; $500,000 to be split between the now. In 2001, we had a $127 billion sur- juice and drugs. I always wondered Alexandria Museum of Art and the New plus. We are living in a different time what kind of experiments these are. Orleans Museum of Art for activities now. The Congressional Budget Office One of our all-time favorites, made fa- relating to the celebration of the Lou- recently forecast a larger than ex- mous a number of years ago, is money isiana Purchase bicentennial celebra- pected deficit of $199 billion for this that was spent to study the effect on tion; $200,000 for the replacement of year; and last week, with the result of the ozone layer of flatulence in cows. Minton tile in the Capitol complex; $1 the President’s budget for 2004, the One always wondered about the testing million for a company called Culpepper OMB projected record deficits of $304 procedures used to determine those ef- Glass in Warrenton, VA, that produces billion this year and $307 billion next fects on the ozone layer. This is an- glass display cases for the Library of year. other one that intrigues the observer. Congress. I assume, of course, there is I have, as chairman of the Commerce Regarding the interaction of grapefruit no other company that could produce Committee, seen enough of our needs juice and drugs, of course, one’s imagi- glass display cases for the Library of for security and safety at our airports, nation can be stimulated by the pros- Congress. That is why the Culpepper railway stations, ports, all over Amer- pect of the interaction of grapefruit Glass Company in Warrenton, VA, had ica, to tell you that we have very large juice and drugs. to be designated in this legislation; $3 expenditures ahead of us. Those ex- Then we have $600,000 for tristate million for an award to the National penditures are justified when we are joint peanut research in Alabama; Technology Transfer Center for a coal talking about the security of this Na- $500,000 for Missouri, Iowa, and Illinois slurry impoundment pilot project in tion. The funding for the Transpor- Corn Growers Association for a pilot southern West Virginia; $1 million for tation Security Administration was program to develop ‘‘production proto- an automated nursery project in Mis- justified. I am proud that we not only cols.’’ sissippi; $500,000 for Vermillion Com- passed the legislation, but we funded Again, I have to sometimes display munity College in Ely, MN, for the de- that enormous effort to ensure the se- my ignorance. I didn’t know that in velopment of a professional forest har- curity of our airports, which is still not order to grow corn, there was a par- vester program. complete. But the fact is, we will soon ticular requirement for a protocol re- Mr. President, if my colleagues will run out of borrowing authority and garding production. indulge me, I have to go back to my fa- might have to look to other sources of I see that the Senator from Iowa just vorite from last time for just a mo- funding, such as the Social Security came on the floor. He may be able to il- ment. I know the hour is late, but this trust fund, in the absence of a legis- luminate me on the production proto- is too much. We were able to keep, lated increase in the debt ceiling. cols associated with corn growing. But through very serious contemplation There are a lot of words that are not whether he can or not, there will be and discussion among conferees, $1 mil- used anymore around here, but the one $500,000 being split up between his lion for a DNA bear sampling study in

VerDate Jan 31 2003 17:34 Feb 14, 2003 Jkt 019060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.099 S13PT2 S2416 CONGRESSIONAL RECORD — SENATE February 13, 2003 Montana; $1 million will be spent to for the Boys and Girls Club of eign cruise ship company at the ex- sample the DNA of bears in Montana. Prattville. pense of all other companies. The last Because these appropriations are I mentioned the peanut festival. Here time Congress meddled in this area never discussed with nonmembers of are a couple new ones: $810,000 for the with hollow promises of spurring the the Appropriations Committee, one can city of St. Louis, MO, for lighting side- American shipbuilding industry, it only imagine and conjure up an idea as walks, curb, and street furniture along ended up costing the American tax- to how this might be used. Approach a Kings Highway Boulevard and Chip- payers $185 million in loan guarantees. bear: That bear cub over there claims pewa Street. It must be a fairly serious It was one of the most egregious I have you are his father, and we need to take situation there that we need to spend seen of egregious things to take the your DNA. $810,000 down there on Kings Highway money from a billionaire that—excuse Approach another bear: Two hikers Boulevard and Chippewa Street in St. me. We took no money from the bil- had their food stolen by a bear, and we Louis. lionaire who runs river boat casinos think it is you. We have to get the I mentioned the Show-Me Aquatic and who tried to build two ships in DNA. The DNA doesn’t fit, you got to Center in Missouri; $105,000 for the Pascagoula, MS, which every expert acquit, if I might. Food and Agriculture Policy Research knows is not possible. The project I think it is important to appreciate Institute in Columbia, MO, to analyze failed and the American taxpayer was that this $1 million for a DNA bear commercial shipping alternatives; on the hook for $185 million. sampling study could solve a lot of $90,000 to the city of Natchez, MS, for a Not satisfied with costing the Amer- crime in Montana. It is a pretty high- feasibility study to develop a slack ican taxpayer $185 million, a Senator crime area. It seems to me that is, in- water port. That is just for a feasibility from Hawaii put into this bill a re- deed, a very worthwhile expenditure of study; $135,000 to the Culinary and Hos- quirement that grants a subsidiary of the taxpayers’ dollars. pitality Academy Center of Las Vegas, the Malaysian-owned Norwegian Cruise While we are at it, I want to jump NV, for construction related to the ex- Lines the exclusive right to operate out of line here a second: $202,500 to the pansion of an education training cen- three large foreign-built cruise vessels National Peanut Festival Fairgrounds ter. For those of you who have not vis- in the domestic cruise trade. This will for the construction of the National ited Las Vegas lately, I can tell you it be permitted notwithstanding the Pas- Peanut Festival Agriculture Arena in is a very depressed and deprived area, senger Vessel Services Act, which re- Dothan, AL. I was interested in the Na- and I can certainly understand why the quires vessels transporting passengers tional Peanut Festival. I did not see it Culinary and Hospitality Academy between ports in the U.S. to be U.S.- much on television or hear much about Center would need $135,000. I thought owned, U.S.-built, U.S.-flagged and it. So I went to the Web site, and I they could use some of mine. U.S.-crewed. think you will be comforted to know For the arts, we have $162,000 for fa- I am not a fan of those requirements. we are spending this $202,500 for the 9- cilities renovations and improvements But why in the world do we make ex- day celebration of the peanut harvest, for the Woolworth Theater in Glens ception for a law in an appropriations which includes a variety of competi- Falls, NY; $162,000 for the Catskill bill when you know what the result is tions, including recipe contests, beauty Mountain Foundation in Hunter, NY, going to be? By granting exclusive pageants, and tennis tournaments. In- for reconstruction of the Tannersville rights to one cruise line, there will be cluded for your viewing pleasure on Theater; $180,000 to the Bethel Per- no competition and the people who this Web site is a very interesting pic- forming Arts Center in Bethel, NY, for want to cruise Hawaii will pay much ture. I am sorry my colleagues cannot construction of a performing arts facil- higher prices than for a commensurate see it, but I would be willing to provide ity; $225,000 to the village of East Syra- cruise that people would take out of them with copies, but there are three cuse, NY for the renovation of the the East Coast. individuals standing by a contraption Hanlan pool; $270,000 to Garth Fagan I do not know if the Presiding Officer that I have not seen before, and it says Dance Studio in Rochester, NY, for has ever been to Miami, but there are farmers demonstrate antique peanut construction of a new theater for the all kinds of ships cruising out of harvesting equipment at Pioneer Pea- Garth Fagan Dance Studio; $121,500 to Miami, going all different places, for nut Days. Again, it seems to me that is the Bedford County Agricultural Soci- all different purposes, at very low cost. a worthwhile investment of $202,500. ety in Pennsylvania for facilities im- That is because they are all competing I have also one more that is kind of provements at the Bedford County against each other. interesting: $900,000 for the Show-me Fairground; $202,000 to the New York The Senator from Hawaii puts in a Aquatic Center for Development; Agricultural Society for facilities im- violation of law, and an exclusivity $900,000 for the Show-me Aquatic Cen- provements to the New York Expo Cen- which is going to cost people who want ter in Missouri. We found a picture of ter Arena and Livestock Expedition to cruise the Hawaiian Islands an enor- it. It says: ‘‘Please Touch Me Museum, Hall, and I mentioned the Please Touch mously greater amount of money. 210 North 21st Street, Philadelphia’’— Museum in Philadelphia, PA.; $810,000 Why? That is crazy. I would have this is the 270,000 Please Touch Me Mu- to the City of Fort Worth, TX—another thought the Senator from Hawaii, after seum, I apologize. That is for kids and impoverished area—for waterfront fa- costing the taxpayers $185 million be- grownups. Of course, I had that con- cilities construction for the Trinity cause of a provision he put in an appro- fused with the very important facility River Basin Project; $180,000 to the priations bill—it never went through that is in Missouri. I certainly would Shenandoah Valley Discovery Museum my committee which has oversight of not want to confuse the different for facilities expansion; $216,000 to the it. It was never mentioned in my com- States. Virginia Living Museum in Newport mittee—after costing the taxpayers One of the more remarkable aspects News, and the list goes on. $185 million, the Senator from Hawaii of this bill is in the HUD section, under There is a certain common thread then pulls this one. I am angry about EDI. There are 885 individual ear- one will find throughout these 885 it, and I will continue to be angry marks. Some of them are very inter- projects. I am sorry I did not have time about it because the citizens of my esting. Of course, there is $202,500 to to total it up, but it would have to be State of Arizona would like to cruise continue the rehabilitation of the in the tens of millions of dollars. There the Hawaiian Islands and they would former Alaska Pulp Company mill site is one common thread. About 95 per- like to do it at the cheapest possible in Sitka, AK. I am reluctant to ask the cent of these projects that are ear- cost. When there is no competition, Senator from Alaska how much that marked belong to the States that are there is not low cost. continuing rehabilitation is going to represented by members of the Appro- There has been no analysis of grant- cost us overall. priations Committee. ing this exclusive exemption from the We have a lot of important construc- I joke a lot about this, and I will con- Passenger Vessel Services Act to the tion: $45,000 for the city of Tuscumbia, tinue to do so, but that is not right. ‘‘Norwegian Cruise Lines’’ owned by a AL, for construction of facilities asso- That is not the right thing to do. Malaysian company. Nor have the com- ciated with the Helen Keller Festival; I regret the conferees choose to adopt mittees of jurisdiction had an oppor- $90,000 for the city of Prattville, AL, a special interest provision for one for- tunity to consider the proposal.

VerDate Jan 31 2003 17:34 Feb 14, 2003 Jkt 019060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.101 S13PT2 February 13, 2003 CONGRESSIONAL RECORD — SENATE S2417 I tell the Senator from Alaska and not consulted about this provision. It The conference report appropriated the Senator from Hawaii, we are going seems the special interest groups who an astounding $100 million for fisheries to have a hearing on this issue, we are were shopping this provision were the disasters assistance. Of this amount, going to have a GAO investigation, and only ones that mattered. If this had $35 million is for direct assistance to we are going to find out why they lost gone through the regular legislative the State of Alaska for any person, $185 million because of a provision put process, at least all parties could have business, or town that has experienced into this bill. We are also going to get been heard. an economic hardship even remotely an estimate of how much this exclu- There are many different ways to related to fishing. This is in addition to sivity is going to cost my citizens who fund security projects. This provision the $20 million they are also getting for want to go on a cruise at the least pos- may be a good one. It mirrors a similar developing an Alaskan seafood mar- sible cost. I will not quit on this issue. program set up at the FAA. However, keting program. Of the remainder, $35 It is wrong, and it is the wrong way to the Department of Transportation In- million is for the shrimp industries in treat this process. We will have hear- spector General proposed several other the Gulf of Mexico and South Atlantic ings in the Commerce Committee, and ideas to our committee. to provide far-reaching assistance for Another provision would allow air- we will expose this for what it is—dis- many aspects of these fisheries; $20 ports to give airport improvement pro- graceful. million is provided for voluntary ca- gram money back to the FAA so the There are numerous other provisions pacity reduction programs in the agency can hire staff to speed up envi- in this conference report that cir- Northeast and west coast fisheries; $5 ronmental reviews of airport projects. cumvent the clear jurisdiction of the million is for Hawaiian fishermen af- This is an area in which the Commerce Commerce Committee. It incorporates fected by fishing area closures and Committee took action last year and almost wholesale a bill passed last year other management rules; and $5 mil- will continue to pursue this year. It by the House of Representatives re- should not be addressed in an appro- lion is for blue crab fisheries affected garding air traffic control towers. The priations bill. by low harvests. provision expands on the class of air I commend the conferees for their at- The conference report requires the traffic control towers that is eligible tempts to help protect the investment Department of Commerce and Coast for Federal money. I am all for avia- the American taxpayers continue to Guard to provide coordinated, routine tion safety and it may be a good provi- provide to Amtrak. The conference re- support for fisheries monitoring and sion. I am troubled by several aspects port, which provides Amtrak $1.05 bil- enforcement through use of remote- of it. lion for fiscal year 2003, includes condi- sensing aircraft and communications First, the provision does not make tions that require the funding to be ap- assets, with particular emphasis on new towers eligible for reimbursement. propriated on a quarterly basis through Federal waters seaward to South Caro- It makes eligible towers that were formal grant agreements with DOT. lina and Georgia. Without review by built beginning in 1996, over 7 years The conferees worked to ensure that the authorizing committee, we have no ago. At least the provision passed last Amtrak reserved sufficient funds to basis for knowing why this is a good year by the House provided that an air- meet its contractual obligations with use of Federal dollars and resources. port tower would be eligible for a grant State and local subdivisions for com- The conference report earmarks $10 under this program only if the Sec- muter and intercity corridor services. million to promote and develop fishery retary certified that the selection of Amtrak should not be in a position to products and research pertaining to the tower for eligibility was based on shut down commuter operations as it American fisheries funds to develop an objective criteria giving no weight to threatened last summer because it does Alaskan seafood marketing program. any congressional committee report, not have sufficient funds to operate its Ten million is a lot of money to be joint explanatory statement of a con- entire network. spending on a marketing program. ference report, or statutory designa- The conference committee has slight- As far as the Coast Guard is con- tion. ly reduced Amtrak’s appropriation cerned, managers earmark a total of I wish to congratulate my House col- from that provided in the Senate- $83 million of the Coast Guard budget. leagues because they were concerned passed measure, but it has also post- That earmark is an increase of $10 mil- about the pork barrel projects practice poned repayment of Amtrak’s $100 mil- lion over last year, and many of them and tried to insulate this particular lion loan from DOT. have obviously never been proposed. program from such behavior. Guess The conferees authorized the Sec- what. That provision that eliminated In HUD, as I mentioned, 885 targeted retary of Commerce to award grants grants. no objective criteria giving no weight and make direct lump sum payments of I also will talk for a minute about to any congressional committee report, up to $50 million to support travel to the lowly catfish, one of my favorite joint explanatory statement of a con- the United States. To carry out this subjects. We know the lowly catfish ference committee, or statutory des- new authority, the appropriators estab- ignation was eliminated. Why would lished the United States Travel and has been the subject of a great deal of that be eliminated, I wonder? Tourism Promotion Advisory Board debate and discussion on the floor of The conference report also includes a and provided $50 million. This tourism the Senate due to the fact that in an- provision and implements a whole new board has never been considered by the other appropriations bill, we changed funding scheme for airport security authorizing committee of jurisdiction. the name of the catfish that comes projects. I am very concerned about Nor did the Department of Commerce from Vietnam to basa. But now the funding for airport security. This is a have any input on the creation of this lowly catfish, those that are still reauthorization year for aviation pro- new board. Who came up with $50 mil- named catfish because they are raised grams and the Senate Commerce Com- lion—and establish a new bureaucracy? in the United States, we are now quali- mittee, the committee of jurisdiction, The U.S. Travel and Tourism Pro- fying catfish for livestock compensa- has already begun hearings of FAA motion Advisory Board, and gives them tion programs. Catfish are cows. issues. Yet the appropriators have $50 million. As my colleagues know, the livestock taken it upon themselves to establish a I am pleased to see the conferees ap- compensation program is a Federal brand new funding scheme that has propriated money for election reform. farm program that compensates eligi- never been vetted, discussed, or voted The conference report on NOAA pro- ble livestock producers, such as owners on by the authorizing committee. vides more than $490 million in ear- of beef and dairy cattle, sheep, goats, Some might start to wonder just what marks, and just for aquatic, not atmos- or certain breeds of buffalo that have the Commerce Committee’s role is in pheric programs of the National Oce- suffered losses or damages as a result policy decisions regarding the pro- anic and Atmospheric Administration, of a severe drought. Now it is the cat- grams under its jurisdiction. to go toward 150 earmarks. The admin- fish. This provision authorizes a new $2.5 istration did not request funding for I often take issue with various farm billion program over 5 years for airport these programs in the budget, and policies that disproportionately benefit security projects without any discus- many programs they did request fund- large agribusinesss or farms at the ex- sion that I am aware of. The TSA was ing for are underfunded or zero funded. pense of farmers and taxpayers, and

VerDate Jan 31 2003 17:34 Feb 14, 2003 Jkt 019060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.110 S13PT2 S2418 CONGRESSIONAL RECORD — SENATE February 13, 2003 those that compromise American agri- but our responsibilities as we deter- attempt to secure the significant financing cultural trade commitments. This ef- mine the policies that affect the future required to comply with the U.S.-build re- fort to compensate catfish farmers of our citizens in our respective States. quirement for U.S.-owned cruise vessels. from a farm program that is intended I ask unanimous consent that a docu- This special provision for NCL will very likely lead to further economic difficulties for livestock stands out. I am certain ment entitled ‘‘Commerce Committee for the domestic cruise industry, and places that catfish proponents will offer a Provisions’’ be printed in the RECORD. its future growth at risk. There being no objection, the mate- dozen different explanations to justify AVIATION rial was ordered to be printed in the this provision. In fact, the last time we Mr. President, there are numerous other discussed this, one of my colleagues RECORD, as follows: provisions in this conference report that cir- from Tennessee talked about in his COMMERCE COMMITTEE PROVISIONS cumvent the clear jurisdiction of the Com- State there are catfish that leave the NCL PROVISION merce Committee. For example, it incor- water and travel in herds, so perhaps Mr. President, I regret that the conferees porates almost wholesale a bill passed last that is why we are now calling a cat- chose to adopt a special interest provision year by the House of Representatives regard- fish a cow. But not even hog, poultry, for one foreign cruise ship company at the ing air traffic control towers. The provision or horse producers are eligible under expense of all other competitors. The last expands on the class of air traffic control time Congress meddled in this area with hol- towers that is eligible for federal money. the livestock compensation program. While I’m all for aviation safety and this Why should catfish then get livestock low promises of spurring the American ship building industry, it ended up costing the may be a good provision, I’m troubled by payments? American taxpayers a whopping $185 million. several aspects of it. We know labeling continues to be a I shudder to think that we are meddling First, the provision doesn’t just make new nationally significant agricultural again. towers eligible for reimbursement, it also issue. Again, the issue was addressed in The conference report grants a subsidiary makes eligible towers that were built begin- the appropriations bill. of the Malaysian-owned ‘‘Norwegian Cruise ning in 1996—over seven years ago. The Army Corps of Engineers is, of Lines’’ (NCL) the exclusive right to operate Things were very different seven years ago. course, one of the favorite places. Not three large foreign-built cruise vessels in the Bill Clinton was President and I had more only are there a lot of earmarks, but domestic cruise trade. This will be permitted hair. I know President Clinton’s theme song notwithstanding the Passenger Vessel Serv- was ‘‘Don’t Stop Thinking About Tomor- there are significant changes in policy row,’’ by Fleetwood Mac, but I find it very or law under the rubric of this appro- ices Act, which requires vessels transporting passengers between ports in the U.S. to be difficult to believe that airports that built priations bill. In this legislation, the U.S.-owned, U.S.-built, U.S.-flagged, and towers in 1996 had any expectation they administration is prevented from pro- U.S.-crewed. While I am not a fan of those should get reimbursed by the federal govern- posing or even studying changes to the requirements, I cannot support granting a ment seven years later. It’s awfully nice that Army Corps of Engineers civil works waiver for one company. we’re willing to do that. I didn’t know this program, such as reorganizing aspects This provision provides an unfair competi- omnibus bill was also the first economic of the agency’s management structure, tive advantage to NCL at the expense of all stimulus package of the year. Had I known, I might have sought inclusion of a payroll without specific direction in an act of other cruise ship operators. No other com- pany will be allowed to operate foreign-built tax holiday! Congress. It seems to me that is re- U.S.-flag cruise vessels in the domestic mar- Secondly, at least the provision passed last markable micromanaging. ket other than NCL. It effectively creates a year by the House provided that an airport I guess I have taken enough of my de facto monopoly for this one foreign com- tower would be eligible for a grant under this colleagues’ time at this late hour, and pany to operate in the Hawaiian Islands, and program only if the Secretary certified that I know we should be voting on this bill West and East Coast cruise trades. the selection of the tower for eligibility was and leaving. I point out again, this bill Again, I remind my colleagues, the last based on objective criteria, giving ‘‘no which the distinguished chairman of time we provided special treatment for one weight to any congressional committee re- the Appropriations Committee de- shipping company, it came at a price tag of port, joint explanatory statement of a con- ference report, or statutory designation.’’ I scribed as the largest appropriations $185 million. American Classic Voyages’ failed ‘‘Project America’’ venture was aided wish to congratulate my House colleagues. bill in the history—and I certainly by special exemption language included in Clearly, they were concerned about the pork take his word for it—in my now 17 the 1998 Department of Defense Appropria- barrel politics practiced by the appropriators years of monitoring these things, has tion Bill. When American Classic Voyages and tried to insulate this particular program the largest number of earmarks by far. filed for bankruptcy in October 2001, the from such antics. However, the appropria- I find that wrong for a variety of rea- American taxpayers paid the price. At what tions committee decided that this took away sons, but one of them being that we are point are we going to say enough is enough, too much of their power and deleted the pro- supposed to be in a war. We are about and put a halt to gambling away the hard- vision. I don’t mean they rewrote the provi- working Americans’ tax dollars? sion. They literally crossed it out in the con- to ask young men and women to make Mr. President, there has been no analysis ference report. sacrifices. In fact, some of them in the of the value of granting this exclusive ex- Mr. President, the conference report also next few weeks may make the ultimate emption from the Passenger Vessel Services includes a provision that implements a sacrifice. And here we are, business as Act to NCL, nor, more importantly, have the whole new funding scheme for airport secu- usual, business as usual, larding on Committees of jurisdiction had an oppor- rity projects. I am very concerned about porkbarrel projects, running up the tunity to consider the proposal and analyze finding for airport security. This is a reau- deficits to historic proportions in some its overall impact on the maritime industry. thorization year for aviation programs, and the Senate Commerce Committee, the com- respects. I imagine it is historic as far The special interest provision represents yet another piecemeal approach to U.S. mar- mittee of jurisdiction, has already begun as the turnaround is concerned, from a itime policy. But instead of promoting a hearings on FAA issues. $127 billion surplus to a $300 billion def- sound and reasoned U.S.-flag cruise vessel Yet the appropriators have taken it upon icit. I mind that very much. I think it promotion proposal, the conference report themselves to establish a brand new funding is wrong. I think it is the wrong signal rewrites maritime policy and grants one for- scheme that has never been vetted, dis- to send to the American people about eign-owned company a waiver from U.S. cussed, or voted on by the authorizers. Some our seriousness of addressing the chal- laws. might start to wonder just what the Com- lenges of the war on terror. We should be working to promote competi- merce Committee’s role is in policy decisions But I am also disturbed about the tion in the domestic cruise market, and for regarding the programs under its jurisdic- that to take place, there needs to be a level tion. policy changes that are made in appro- playing field for all operators. But the spe- This provision authorizes a new $2.5 billion priations bills which render author- cial NCL provision may well severely ham- program over 5 years for airport security izing committees nearly irrelevant. It per any effort to jump-start the U.S.-flag projects without any discussion that I am is not the right thing to do. There are cruise market, leaving most coastal states aware of. The TSA was not consulted about provisions in this bill—and I will be with no regular U.S.-flag cruise ship service. this provision. It seems that the special in- providing them for the record—of many We learned the hard way from the failed terest groups who were shopping this provi- policy changes that should have re- ‘‘Project America’’ venture that domestic- sion were the only ones that mattered. If quired hearings, debate, votes on spe- built ships require far more capital invest- this had gone through the regular legislative ment than vessels built abroad. By giving process, at least all parties could have been cific issues. Instead, they are decided NCL, and NCL alone, a free pass on U.S. heard. There are many different ways to fund by a small group of Senators and House laws, as provided under this conference re- security projects. This provision may be a Members rather than all of us being port, will only keep all other competitors at good one, it mirrors a similar program set up able to exercise not only our privileges bay because they have no incentive to even at the FAA. However, the DOT Inspector

VerDate Jan 31 2003 17:34 Feb 14, 2003 Jkt 019060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.121 S13PT2 February 13, 2003 CONGRESSIONAL RECORD — SENATE S2419 General proposed several other ideas to our senger rail service. I look forward to a full sistance. Of this amount, $35,000,000 is for di- committee. and open debate on this issue. rect assistance to the state of Alaska, for Another provision would allow airports to TOURISM BOARD any person, business, or town that has expe- giver Airport Improvement Program (AIP) Mr. President, the conferees authorize the rienced an economic hardship even remotely money back to the FAA so the agency can Secretary of Commerce to award grants and related to fishing. This money is in addition hire staff to speed up environmental reviews make direct lump sum payments of up to to the $20,000,000 they are also getting for de- airports projects. This is an area in which $50,000,000 to support ravel to the United veloping an Alaskan seafood marketing pro- the Commerce Committee took action on States. To carry out this new authority, the gram. last year and will continue to pursue this appropriators establish the United States Of the remainder: year. It should not be addressed in an appro- Travel and Tourism Promotion Advisory $35,000,000 is for the shrimp industries of priations bill. Board and provide $50,000,000. This Tourism the Gulf of Mexico and South Atlantic, to While the earmarking in this legislation is Board has never been considered by the au- provide far-reaching assistance for many as- as egregious as ever, the raiding of existing thorizing committee of jurisdiction, nor did pects of these fisheries; accounts for unrelated purposes is equally the Department of Commerce have any input $20,000,000 is provided for voluntary capac- appalling. The AIP program is supposed to be on the creation of this new Board. This is an- ity reduction programs in the Northeast and devoted to the infrastructure needs of our other example of authorizing language in an West Coast groundfish fisheries; $5,000,000 is for Hawaiian fishermen af- nation’s airports. Yet the conference report appropriations bill and $50,000,000 is an enor- fected by fishing area closures and other takes tens of millions of dollars out of AIP mous amount of money for an initiative that management rules; and to pay for the FAA’s costs of administering has not yet been fully vetted. the EAS program, and the Small Community $5,000,000 is for blue crab fisheries affected Air Service Development Pilot Program. NASA by low harvests. These are worthy activities and programs, Mr. President, I commend the conferees for The report also provides these hand-outs but it violates the long-established purpose their efforts to address the funding needs of without requiring any accountability for of AIP to use monies for these things. This the Space Shuttle Columbia accident inves- how the money is actually spent. These ap- continual raiding of AIP which is also being tigation. Just yesterday, the Commerce propriations were made without offering any encroached upon by the appropriation of se- Committee held a hearing on the investiga- form of justification or rationale. How much curity costs from it will slow the necessary tion, and I agree that the Congress should be federal money do these regions really need, development of the nation’s infrastructure. supportive of the Columbia Accident Inves- if any? If these needs are legitimate, how do We may be in an aviation funding crisis this tigation Board. We must find the cause of they compare to the needs of other regions? year if this wholesale taking of money from this horrible tragedy, and ensure that such We’ll never know, because these appropria- accounts that are for capacity, infrastruc- an accident never happens again. tions circumvented every stage of committee ture and modernization does not stop. Unfortunately, other NASA provisions are review, consultation, analysis, and author- included in the conference report that should AMTRAK ization. We have no basis for determining be handled by the authorizing committee of how necessary this is or whether or not this I want to commend the conferees for their jurisdiction. For example, the conference re- is sound policy. attempts to help protect the investment that port establishes a NASA working capital Furthermore, the conference report re- the American taxpayers continue to provide fund for capital repairs, renovations, reha- quires the Department of Commerce and to Amtrak, which since 1971, has received bilitation, sustainment, demolition, or re- Coast Guard to provide coordinated, routine federal subsidies totaling $26 billion—an placement of NASA real property. As Chair- support for fisheries monitoring and enforce- enormous sum for a system that serves less man of the Senate Commerce Committee, ment through use of remote sensing, air- than one percent of the traveling public. which has jurisdiction over NASA, I am fully craft, and communications assets, with par- The conference report, which provides Am- aware of NASA’s declining infrastructure ticular emphasis on federal waters seaward trak $1.05 billion for FY 2003, includes condi- and the need to ensure safety of NASA mis- of the costs of South Carolina and Georgia. tions that require the funding to be appro- sions. In light of the Space Shuttle Columbia Again, without any review by the author- priated on a quarterly basis through formal accident, I think it would be a prudent izing committee, we have no basis or know- grant agreements with the Department of course of action if we fully consider this pro- ing why this is regional program is a good Treasury (DOT). Amtrak also will be re- vision in the context of an overall review of use of federal dollars and resources is this quired to spend its appropriated funds only NASA, which is currently underway. No really the best use of limited Coast Guard re- on items identified in its business plan and hearings have yet been held on this proposed sources, at a time when our country is under approved by DOT. And, such funds may only working capital fund, nor has it been consid- a heightened terror alert? be spent on existing plant and services, not ered by the full Senate. I do not question the The conference report also earmarks $10 on grandiose or far-fetched expansion plans. conferees’ strong interest in addressing million from the ‘‘Promote and Develop These controls are a step in the right direc- NASA funding needs, but I note this is yet Fishery Products and Research Pertaining to tion. another case of authorizing on an appropria- American Fisheries’’ fund, to develop an The conferees also worked to ensure that tions bill. Alaskan seafood marketing program. $10 Amtrak reserves sufficient funds to meet its I am particularly concerned by provisions million is whole lot of money to be spending contractual obligations with state and local in the conference report that would establish on a marketing program, yet we are given no subdivisions for commuter and intercity cor- a NASA demonstration project regarding an details on exactly what this federal funding ridor services. Amtrak should not be in a po- enhanced-use lease of real property. The will be used. sition to shut down commuter operations, as Commerce Committee has not had a change COAST GUARD it threatened last summer, because it does to review this language, and no hearings not have sufficient funds to operate its en- have been held on this enhanced lease The conference report and statement of tire network. Commuter operations, such as scheme. The leasing of public property de- managers earmarks a total of $83.962 million those on the Northeast Corridor, are funded serves a public discussion. of the Coast Guard budget. The level of Coast by state and local governments and clearly Guard earmarks increased over $10 million ELECTION REFORM should continue to operate even if other Am- compared to the enacted FY02 Coast Guard trak operations should cease. Further, Cor- I am pleased to see that the conferees ap- budget. ridor trains that the states are helping sub- propriated almost $1.5 billion to implement In this critical time when the Coast Guard sidize also should also receive priority. Con- the election reform bill. This funding is a is so hard pressed to carry out it Homeland tinuing to operate Northeast Corridor serv- good start for a process to improve our sys- Security missions, in addition to its many ices, off-Corridor commuter service, and tem of election administration and renew traditional missions, it is indefensible to be those trains financed in part by the states the public’s confidence in our election sys- earmarking the Coast Guard’s budget for pet would preserve service for 93 percent of Am- tem. I am especially pleased that this con- products. Adding insult to injury, the Com- trak’s combined intercity and commuter rid- ference report includes payments to help mittee report takes the Coast Guard to task ership. states to promote disabled voter access. for devoting its scarce resources to homeland While the conference committee has NOAA security at the expense of its other tradi- slightly reduced Amtrak’s appropriation The conference report provides more than tional missions, yet in the same report, they from that provided in the Senate-passed $490 million in earmarks and programs just earmark critically needed resources for measure, from $1.2 billion to $1.05 billion, it for the aquatic—not atmospheric—programs other projects. This type of micro-manage- also has postponed repayment of Amtrak’s of the National Oceanic and Atmosphere Ad- ment serves only to tie the Coast Guard’s $100 million dollar loan from DOT, effec- ministration. This funding will go toward hands and deny it the flexibility it needs to tively providing Amtrak’s $1.15 billion, or more than 150 line items. The Administra- respond to very real threats. only $50 million less than the $1.2 billion tion did not request funding for these pro- We all know the Coast Guard is under- Amtrak requested. Although Amtrak may grams in their budget, in fact, many pro- funded and definitely in need of additional end the year with less than its targeted $75 grams that they did request funding for are personnel and resources. Our first step million in working capital, it should be able underfunded or zero-funded. should be to give it is full budget without to continue operating while Congress con- The conference report appropriates an as- these unrequested and restrictive earmarks. siders the long-term future for intercity pas- tounding $100,000,000 for fisheries disaster as- Here are just a few examples.

VerDate Jan 31 2003 17:34 Feb 14, 2003 Jkt 019060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\A13FE6.031 S13PT2 S2420 CONGRESSIONAL RECORD — SENATE February 13, 2003 The statement of managers earmarks would enable the federally subsidized Yard to chairman had a very difficult time $1,600,000 for enhanced oil spill prevention indirectly compete with private industry for with this particular issue as well as activities in the waters of Washington State. shipbuilding contracts. This is authorization other issues, but I think that is wrong This earmark was not requested by the Ad- language pertaining to the Coast Guard Yard and I wanted to register my objection. ministration and I think it should probably that is clearly within the jurisdiction of the receive an award for the most creative lan- Commerce, Science, and Transportation I yield back my time. guage. It states, and I quote, ‘‘the Com- Committee. Nonetheless prior to the consid- The PRESIDING OFFICER. The Sen- mittee expects the Captain of the Port to use eration of this legislation by the Appropria- ator from Illinois. his professional judgment in allocating these tions Committee, it did not consult with or Mr. DURBIN. Mr. President, as a funds to measures that he believes will best notify either the Commerce, Science, and member of the Senate Appropriations protect these waters. Such measures could Transportation Committee concerning the Committee, I know the amount of include a cost sharing arrangement with the changes in law. labor and work that goes into the prep- State of Washington for the hiring of a res- Mr. MCCAIN. I yield the floor. aration of a bill of this magnitude. I cue tug at Neah Bay. However, these funds Mr. STEVENS. Mr. President, the also know when you postpone the or- could be allocated to alternative measures if, derly process of passing spending bills in the view of the Captain of the Port, such Senator from Nevada had an inquiry. I alternative measures will provide a superior yield to the Senator from Nevada. and wait an extra 4 or 5 months, there level of protection.’’ Does anyone wonder The PRESIDING OFFICER. The Sen- is an opportunity for mischief. I think what decision the Appropriations Committee ator from Nevada. only in time will we be able to sift expects this Coast Guard captain to make? Mr. REID. Just so the two leaders through 1,600, 1,800, 2,000 pages of this $4 million is for LTS–101 helicopter en- know, does the Senator from Illinois bill to find out in painful detail what is gines. know for how long he wishes to speak? included. The statement of managers earmarks Mr. DURBIN. I ask the Senator from There are several things that have $10,000,000 of the Coast Guard’s Acquisition, come to my attention. I would like to Construction, and Improvements budget for Nevada what the plans are for this a new line item entitled ‘‘Security Surveil- evening? draw them to the attention of my col- lance and Protection.’’ What does this mean? Mr. REID. What we are working to- leagues here in the Senate. The Senate report vaguely stated that this ward is having final passage on the bill Let me start by saying there is one provision is to develop and acquire equip- this evening, if all things work out issue most people don’t like to talk ment that will improve security surveillance right. about and I am going to raise this and perimeter protection capabilities in the Mr. DURBIN. I certainly don’t want evening because I think it is critically Nation’s ports, waterways, and coastal zones. important. The District of Columbia is In other words, it could mean almost any- to delay final passage. Mr. REID. Why doesn’t the Senator a city which is governed by a mayor, a thing. city council, and 535 wannabe mayors The statement of managers earmarks proceed. $16,000,000 for costs associated with repairing The Senator from Georgia also wish- in the Congress. and rebuilding the Coast Guard’s Integrated es to speak for 3 minutes? It seems that every Member of the Support Center at Pier 36 in Seattle. These Mr. STEVENS. Yes. House or Senate who wanted to be a funds are in addition to the $10,000,000 ear- Mr. REID. Why don’t we have the mayor at some time in their lives de- marked for this project in the FY 2002 Trans- Senator from Georgia speak first for 3 cided at some point to make a decision portation Appropriations bill. None of these minutes, and then the Senator from Il- for the District of Columbia. I think are funds were requested by the Administra- that is unfortunate. The people of this linois speak. If the managers want to tion and this project is not one of the Coast city, like every city, have a right to speak then, they can do so. I so ask Guard’s highest priorities for shoreside con- govern themselves. Occasionally that unanimous consent. struction. My question is, how much will be intrusion of congressional mischief can earmarked for this project in next year’s Mr. STEVENS. It is 5 minutes and 3 reach a perilous state. Let me give an budget? minutes, is that correct? example. Of particular note, the Conference report Mr. REID. He’s going to stop when- The AIDS rate for the AIDS disease earmarks over 27 percent of the Coast ever you want him to. Guard’s research and development budget for in our Nation’s Capital is the highest specific projects. These earmarks will hinder Mr. STEVENS. All right. in the country. It is 10 times the na- the Coast Guard’s efforts to better surveil The PRESIDING OFFICER. Is there tional average. More and more women our ports, create new technologies to detect objection? Without objection, it is so are being diagnosed with AIDS in explosives and weapons of mass destruction, ordered. The Senator from Georgia. Washington, DC. DC health officials re- and develop non-lethal technologies. Mr. CHAMBLISS. Mr. President, I The statement of managers earmarks ported last October 616 new AIDS cases don’t think I will take my full 3 min- in 2001 alone, 33 percent among women. $1,000,000 to support the continued develop- utes. I just want to rise and say that ment, demonstration, and evaluation of engi- In 1981 women only accounted for 7 per- neered wood composites at Coast Guard fa- while, Mr. Chairman, I am going to cent of AIDS cases. cilities. The statement of managers also ear- vote for the omnibus bill, I am really City health officials in Washington marks $1,000,000 for a pilot project to test disappointed with the agriculture dis- estimate 40 percent of AIDS cases are automatic search and rescue spectral imag- aster portion in this omnibus bill. On associated with injected drugs. ing technology for Coast Guard C–130 air- the Senate side, we debated and dis- The question is, how can we stop this craft solely located at Kalaeloa, Hawaii. cussed this issue at length. The chair- AIDS epidemic in the Nation’s Capital, Once again we are seeing an Appropria- man of the Senate Agriculture Com- which is not only infecting more and tions Bill attempting to circumvent the au- mittee, who is also chairman of the thorization process. This bill would limit the more women and children, but appears funding for Coast Guard flag officers to 37. Senate Agriculture Appropriations sub- to be out of control. Frankly, there are The Coast Guard is authorized under Title 14 committee, I thought did an excellent programs that work. One of the pro- to have 48 flag officers and currently has 37 job of putting together a package that grams is not popular to talk about. flag officers on active duty. As the Coast accomplishes the goal of getting funds Most of my colleagues run away from Guard grows in size to meet its new home- immediately in the hands of farmers it, but you cannot run away from re- land security missions it will not have any of all across America. My farmers have ality. It is a needle exchange program. its authorized flexibility to promote addi- had 5 rough years back to back, and It is a program that invites addicts in, tional flag officers. If there is a concern that they need money now. the Coast Guard has too many flag officers, in an effort to try to first give them a then that concern should be raised through Under the provisions that came out needle that is clean, and then bring the Commerce Committee. of the conference committee, which them into rehabilitation so they can The bill authorizes the Coast Guard Yard was basically the House provision, stop their addiction. at Curtis Bay, Maryland and other Coast farmers across America are not going There are those who say don’t give Guard specialty facilities designated by the to be getting funds until probably Au- them clean needles because they will Commandant to enter into joint public-pri- gust, September, or October. Farmers just keep using them. But you know vate partnerships and in doing so may enter are going to be out of business if they into agreements, receive, and retain funds what they will use, they will use dirty from and pay funds to such public and pri- don’t get relief now. To pass this provi- needles and pass the AIDS epidemic on vate entities, and may accept contributions sion in this bill I think is the wrong ap- and on and on. of funds, materials, services, and the use of proach. I don’t like that provision in I am not expert in this area. I get facilities from such entities. This provision the bill. I do support it. I know the squeamish talking about needles and

VerDate Jan 31 2003 17:34 Feb 14, 2003 Jkt 019060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\A13FE6.032 S13PT2 February 13, 2003 CONGRESSIONAL RECORD — SENATE S2421 injections. But the fact is, the people funds for these programs ‘‘counter- only a few—have exploited the parents who are experts, the American Medical productive.’’ of disabled children and turned in at- Association and medical officials, have The Centers for Disease Control and torneys’ fees requests to the District of said it works. Put these programs on Prevention estimated that there were Columbia public school system that are the street corners and in the store- 156 needle exchange programs oper- way out of line. Some of these firms fronts of Washington, DC, and we can ating in the United States in 81 cities have become shady operations that start reducing the AIDS infection rate and 31 States last year, many of which offer not only attorney counseling, but in our Nation’s Capital. receive state and local financial sup- special education services, a package There is no reason in my mind why port for their activities. None of these that raises many suspicions. the people of the District of Columbia programs receive Federal support at Senator KAY BAILEY HUTCHISON and I should not be able to use their own this time. have debated this over and over again money to try this approach to reduce The CDC publication also indicated as to whether to cap the fees that can drug addiction and reduce the AIDS that 95 percent of needle exchange pro- be paid to attorneys and what to do epidemic in their hometown. grams in operation referred clients to about it. In the Senate we raised the Across the United States, there are substance use treatment and coun- cap on attorneys’ fees for DC special programs in many States. But sadly seling programs, and over half provide education to $4,000 maximum per case. enough, the Members of the House of on site voluntary HIV testing and more I hope that is enough to take care of Representatives have put in a provision than a quarter also screen for hepatitis these cases. But I will tell you I do not that prohibits the District of Columbia B and C. believe we should be imposing a cap on from even using its own tax dollars to In 2000, four needle exchange pro- attorneys’ fees. The parents of these in any way support this kind of grams were functioning in my home poor children who are disabled should project. state of Illinois. not be denied legal representation. In spite of the overwhelming support Some of the very congressmen who I am happy Senator HUTCHISON and I from public health and medical profes- beat on the desk and beat on their could agree on limiting the attorneys’ sionals, we here in Congress have once chest and talk about how they are activities so those questionable activi- again prevented the District of Colum- going to fight these needle exchange ties, those criminal activities will stop. bia from using its own local funds to fi- programs represent districts and But I think we should put an end to nance these lifesaving programs. I was States where these programs take this cap on attorneys’ fees and say to pleased that the Omnibus Appropria- place today. This is a sad outcome in the DC public school system once and tions bill passed by the Senate allowed for all, for goodness sakes, offer kids this bill. I hope those who reflect on it the District of Columbia to use LOCAL with disabilities the kind of special will realize they are taking some high funds to finance a needle exchange pro- education opportunities that are avail- and mighty moral position and people gram. Washington, DC has one needle able across America. This provision will die because of it. exchange program, Prevention Works, Stand by the doctors, stand by the that is supported with private funding. capping attorneys’ fees in this appro- professionals. Stop playing mayor and Both the Mayor and Police Chief sup- priation bill I think is a mistake. Not only are such caps an intrusion city council for the District of Colum- port the program. bia. Sadly, this appropriation con- However, I am deeply disappointed to on home rule and local spending pre- tinues to do so. learn that the conference report we are rogatives, I do not believe that impos- Exhaustive scientific review has considering today maintains the irre- ing a cap on payment of attorneys’ fees found that needle exchange programs sponsible status quo, which prevents is the way to address significant and are an effective way to slow the spread the District from using its own locally long-standing problems with the deliv- of HIV and AIDS. In a speech last Sep- generated revenue to finance needle ex- ery of special education services to tember. Dr. Joseph O’Neill, Director of change programs. children in the District of Columbia. the Office of National AIDS policy in- This conference report disregards the These fees arise because parents are dicated that the administration did not expert opinions of former Surgeon Gen- forced to bring due process actions oppose the use of state and local funds erals David Satcher and C. Everett against the city school system—and to support needle exchange programs. Koop, leading medical and public the parents win their cases. The American Medical Association, health organizations, the Director of It is unacceptable for Congress to im- the American Nurses Association, the the Office of National AIDS policy and pose a dollar cap on how much the City American Association of Pediatrics, the Institute of Medicine. may pay attorneys who win these and the American Public Health Asso- It is my sincere hope that next year cases, particularly after a judge has ciation endorse these programs. The we will stop politicizing this issue and awarded a fee based on a reasonable- Institute of Medicine identified access recognize that the District of Colum- ness standard. However, I do support to sterile syringes as one of four ‘‘unre- bia, just like all of our home states and language in this bill which addresses alized opportunities’’ in HIV preven- districts, deserves to have all possible concerns about particular attorneys tion in a publication issued last year. resources at its disposal to combat this who have shamelessly taken advantage The IOM committee recommends that devastating public health crisis. of the system. the Administration ‘‘rescind the exist- The same is true when it comes to at- I support a complete bar on paying ing prohibition against the use of Fed- torneys’ fees for special education. attorneys’ cases in which the District’s eral funds for needle exchange to allow Think about this. In every school dis- Chief Financial Officer, CFO, deter- communities that desire such programs trict in America, if you have a disabled mines that an attorney, officer, or em- to institute them using federal re- child and want that child to have an ployee of the firm has a pecuniary in- sources.’’ education, you have a right to say to terest in any special education diag- Former Surgeon General David the school district: Here is my child nostic services, schools, or other spe- Satcher, MD stated that: who needs the education. If the school cial education service providers. There is conclusive scientific evidence that district contests it and says this child Furthermore, I believe the provisions syringe exchange programs, as part of a com- doesn’t have a disability and we are in the Senate bill which mandate prehensive HIV prevention strategy, are an not going to pay for a special ed teach- stronger ethical standards are appro- effective public health intervention that re- er, you have a right to appeal that de- priate. duces transmission of HIV and does not en- cision. That’s the case across America. I support the provisions in the bill courage the illegal use of drugs. Sometimes, because it is complicated dictating that the District’s CFO re- Former Surgeon General C. Everett and expensive, attorneys are involved quire disclosure by attorneys in IDEA Koop, MD concluded that needle ex- to represent the parents and the school cases of any financial, corporate, legal, change programs are an ‘‘effective district and to resolve their dif- board membership, or other relation- means of preventing the spread of the ferences. It happens every day across ships with special education diagnostic disease [HIV/AIDS] without increasing America. services, schools, or other special edu- the used of illicit drugs.’’ He called In the District of Columbia it has cation service providers before paying limiting the use of state and local gotten out of hand. Some law firms— any attorneys’ fees; that the CFO may

VerDate Jan 31 2003 17:34 Feb 14, 2003 Jkt 019060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.124 S13PT2 S2422 CONGRESSIONAL RECORD — SENATE February 13, 2003 require certification by counsel that selling guns to criminals. And the NRA come back to haunt us in years to all services billed in special education and the gun industry are shielding come. were rendered; that the CFO report to them with this rider in the appropria- Let me conclude on a positive note. I Congress quarterly on the certifi- tions bill. thank the Senator from Alaska. De- cations and the amount paid by the I was joined by Senators JACK REED spite these words of critique, I person- government of the District of Colum- and TED KENNEDY in urging that this ally appreciate, as does Senator bia, including the District of Columbia provision not be included. Unfortu- DEWINE, the personal interest and ini- Public Schools, to attorneys in cases nately, it was. tiative he took in the global AIDS epi- brought under IDEA; and that the Dis- Let me acknowledge also, as has been demic. His decision on the floor to ap- trict’s Inspector General may audit the said by some of my colleagues, that I prove an amendment which we offered certifications to ensure attorney com- am very concerned about the language is going to mean that thousands and pliance. of funding for homeland security in maybe more will have their lives saved. It is my hope that these provisions this bill. The Senate, in its version of I thank the Senator from Alaska. He will produce needed accountability. I this bill, added almost $4 billion in has been a leader on this issue all the am glad they were retained in the final homeland security funds to be sent way. We have reached a 42-percent in- product. back to the State and local govern- crease in funding to fight the global I am disappointed, but not surprised, ments to protect America. As I stand AIDS epidemic through his cooperation that the cap remains in this final and speak on the floor of the Senate, and leadership. I thank him very much. version of the bill. I share the senti- we are warning families across Amer- I yield the floor. ment that abuses of this program need ica that we are in orange alert and that I ask unanimous consent that a to stop. I want to work to address that they have to take special precautions statement entitled ‘‘Underfunding problem and to figure out why the Dis- to protect themselves and their chil- Homeland Security’’ be printed in the trict has had such perennial problems dren from the possibility of biological RECORD. with its ability to meet the needs of its and chemical warfare and dirty radio- There being no objection, the mate- children in special education. active bombs. rial was ordered to be printed in the But it is wrong for this Republican Sadly enough, we are not providing RECORD, as follows: Congress to deprive children of legal the resources for the State and local UNDERFUNDING HOMELAND SECURITY recourse when they are denied services governments to meet this challenge. At a time when the Administration is to which they are entitled. It is wrong Make no mistake, America is prepared ramping up for war overseas, one would to attack in the Middle East, but think we would be doing everything possible for the Republican Congress to pre- to fortify our security at home as well. clude the District of Columbia from America is not prepared to defend That’s certainly what the Administration using its own funds to make all legiti- itself at home. That is a sad reality. has led us to believe, but oddly enough, we’re mate payments in this critical special This bill cuts out almost $4 billion that poised to pass this 1100 plus page omnibus education program. would have gone for some very impor- bill that slashes funding for the pillars of There is another provision that was tant purposes: Additional money for homeland security. slipped in this bill as it relates to the the Transportation Security Adminis- And after cutting funds for first respond- ers, for airport security improvements, for Bureau of Alcohol, Tobacco and Fire- tration for monitoring airports; addi- community police officers and more, what do arms and the Freedom of Information tional money for the INS and border they propose? That Americans fortify their Act. This provision is an enormous set- security to stop those from coming in own homes with duct tape and plastic sheets. back to the efforts of State and local this country who are bent on bad be- This Administration can and must do better governments to combat illegal fire- havior; community policing grants to to protect the safety of the American people. arms trafficking. It undermines the try to help communities have someone This bill leaves significant gaps in funding for homeland security priorities. very purpose of the Freedom of Infor- on the other end of the line when you The Republican-controlled conference com- mation Act. dial 9–1–1, cut $130 million; FEMA dis- mittee rejected increases in homeland secu- This act entitles citizens to open ac- aster recovery assistance, cut by $1 bil- rity funding that were approved unani- cess to Government records, prevents lion; the Department of Justice Office mously last year by a Democratic-led Appro- the Government from shielding its ac- of Domestic Preparedness, cut by $1 priations Committee. Instead, the Repub- tivities from public scrutiny. The City billion; firefighter grants, cut by $150 lican-controlled conference imposed an addi- of Chicago, which I represent, filed a million; interoperable communications tional 0.65 percent across-the-board cut to all Freedom of Information Act request to equipment grants, cut by $235 million— federal programs, leaving already cash- obtain information about the ATF strapped initiatives in even greater need. the No. 1 priority in my State so that The results of the cumulative cuts, which trace database. The purpose, of course, the police and firefighters and medical total more than $4.4 billion, include: is to determine which gun sellers and first responders can communicate, cut First Responders: This bill cuts $2.98 bil- manufacturers were responsible for in this appropriations bill from the lion from activities designed to aid first re- selling guns to criminals. Senate level. sponders. Cuts include a $1.59 billion reduc- In response to these rulings, the gun These cuts, frankly, came at the re- tion for the Federal Emergency Management industry went to the House Appropria- quest and with the approval of the Agency (FEMA)—including a $150 million cut tions Committee and asked for a rider White House and the Office of Manage- to firefighter grants—as well as a $235 mil- lion cut to funds for police and firefighters in this bill to prevent the ATF from ment and Budget. to purchase communications equipment and complying with the FOIA request and Emergency Operation Center, cut na- a $155 million cut to fund emergency oper- telling the City of Chicago and the pub- tionwide by $155 million; port con- ations centers. lic what they were doing. tainer security, cut by $45 million; port Police/Law Enforcement: The bill reduces This provision sets a dangerous technology demonstration projects so funding for Community Oriented Policing precedent because it essentially directs that we can see dangerous cargo com- (COPS) public safety and community polic- a Federal agency not to comply with ing in these ships, cut by $1 million; ex- ing grants by more than 40 percent—from the Federal court ruling, thus under- plosives training initiative, cut by $7 $330 million to $200 million. This cut would completely eliminate funding needed to hire mining the very purpose of FOIA. If million; and $42 million from embassy 1,360 community-based police officers. litigants can be denied information security. Aviation/Port Security: The bill cuts $170 under FOIA through legislative ac- I pray to God that nothing happens million from Transportation Security Ad- tion—even when a Federal court has to this country as a result of terrorism. ministration (TSA), impeding efforts to im- upheld this request—FOIA itself is in But I think we have been derelict in prove airport security, and cuts $46 million jeopardy. our duty to provide the resources to from port security funds. The bill also makes There is no cost justification for this. State and local governments to protect cuts to the U.S. Customs Service, resulting This doesn’t have anything to do with families and to protect communities in the loss of more than 200 employees and compromising the implementation of the appropriations. This is an effort by the and businesses across America. This Container Security Initiative and other gun industry to stop cities that are bill, with its $4 billion in cuts off the homeland security efforts. The INS/border ravaged by gun crime from going after Senate level, leaves us in a precarious security budget is also reduced by approxi- the irresponsible gun dealers who are situation and one that I hope does not mately $182 million.

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Other Cuts: The bill also cuts programs to NEED TO DO MUCH MORE THAN DUCT TAPE & While this increase of $56 million was wel- train state and federal law enforcement and PLASTIC come, unfortunately, it was not enough. security personnel by nearly $50 million, in- We can’t stand up and say we’re truly Senator Mike DeWine and I set out to cluding a $7 million cut to the Explosives doing everything we can to ensure that our achieve that 50 percent increase, and Training Initiative and $42 million to em- cities and counties, bridges and roads, air- through a floor amendment to the omnibus bassy security. planes and trains are as secure as possible bill, sought another $180 million to bring A supplemental appropriations bill would and that our fellow Americans are safe on overall spending on Global AIDS to $1.525 bil- be necessary to provide funding adequate to our soil if this bill is what represents the lion. meet the homeland security needs of local- level of our commitment to fund programs to This amendment was accepted—its success ities across the country in advance of any ensure homeland security. demonstrates the Senate’s sincere commit- military action in Iraq. I fully expect the President to come back ment to fighting global AIDS. ILLINOIS to Congress and ask for additional funds to $100 million of these funds were slated for States and localities are still waiting for support our military needs overseas. Without the U.S. contribution to the Global Fund— the funds promised to them. The States have question, we must address these needs. But it the world’s primary organization to monitor legitimate concerns. There’s a lot of brave would be unconscionable to increase funding and support worldwide AIDS prevention, talk about fighting terrorism, but when it for military activities in Iraq and neglect treatment and care programming. comes to paying for it, this administration our security needs at home. If war comes And the remaining $80 million would go to has not delivered. with Iraq, the battle lines will be expanded USAID global AIDS programs. In my home State of Illinois, we have an to include our country. We simply cannot af- Well, during conference, we lost $80 million Illinois Terrorism Task Force (TTF). This is ford to leave American citizens unprotected. of the $180 million total. But, nevertheless, I a collective body representing 50 agencies count this as a victory for the global AIDS addressing emergency needs throughout the ATF/FREEDOM OF INFORMATION ACT PROVI- pandemic. state of Illinois. They have told me that a SION (RE: CITY OF CHICAGO LAWSUIT VS. GUN In the end, an additional $50 million was minimum of $100 million is required to cover INDUSTRY) secured for the Global Fund, bringing the security expenses in Illinois for FY03. Another provision slipped in to the appro- U.S. contribution up to $350 million for 2003, The Terrorism Task Force originally asked priations bill at the last minute involves the and an additional $50 million went to bilat- for $320 million in federal funding and then Bureau of Alcohol, Tobacco and Firearms eral programs. scaled back its request to the current level and the Freedom of Information Act. This omnibus bill designates $1.2 billion for ($100 million) in anticipation of federal budg- This provision would be an enormous set- global AIDS. That is a 46 percent increase et cuts. back to the efforts of state and local govern- over what Congress appropriated in 2002. According to the TTF director Mike ments to combat illegal firearms trafficking The President’s 2003 budget request sug- Chamness, these funds are crucial to Illinois’ and would undermine the very purpose of the gested an increase in funding of global AIDS ability to properly address the threat of ter- Freedom of Information Act. funding of 29 percent. I would say we have ror. The Freedom of Information Act entitles come a long way. Without these dollars, programs designed citizens to open access to government We will need this type of increase—at least to secure Illinois will cease to exist. records and prevents the government from a 50 percent increase—each year until we can First responders will be ill-equipped and shielding its activities from public scrutiny. close the gap between expenditures and re- prepared to address emergency situations. The City of Chicago filed a FOIA request to sources necessary to fight this pandemic. Major items in the TFF’s $100 million re- obtain information from an ATF trace data- The President’s FY04 budget request quest include: base. A U.S. District Court and the U.S. amounts to an increase of only 32 percent $25 million for first responders’ respiration Court of Appeals for the Seventh Circuit or- over the $1.4 billion the U.S. will spend over- equipment upgrade (nuclear, biological, and dered the ATF to release these records. all on global AIDS in 2003. chemical). In response to these rulings, the gun indus- [This bull dog] I will be back, asking that $14.4 million for communication systems try went to the House Appropriations Com- at a minimum we achieve a 50 percent in- (interoperable communications equipment mittee and asked for a rider to prevent the crease in global AIDS funding each year for for police, firefighters, and state/local emer- ATF from complying with this FOIA request. the next few years. gency operations centers). This provision sets a dangerous precedent We must continue to do more for the 42 Elite Terror Response Team: under current because it essentially directs a federal agen- million people worldwide who are living with funding Federal monies have not been avail- cy not to comply with a federal court ruling, HIV/AIDS and prevent a good portion of able to send teams for the ‘‘Elite Response’’ thus undermining the very purpose of FOIA. those that will become newly infected in training. If litigants can be denied information under It is imperative that my home state of Illi- 2003. FOIA through legislative action—even when During the last ten minutes I have been nois—like every other State in this nation— a federal court has upheld the request—FOIA provides their front-line first responders the speaking, approximately 58 people have died itself is in jeopardy. from AIDS, 11 of those were children. best equipment, the essential tools, and the There is no cost justification for this pro- finest training available. We rely on their A 15-year-old boy in Botswana faces an 80 vision. The City of Chicago demonstrated in percent chance of dying of AIDS. readiness and should expect nothing less. its litigation that it would take the ATF less These funds are needed sooner, not later. By 2010, it is estimated that sub-Saharan than 10 minutes to assemble and release the Africa alone will be home to 20 million AIDS CITY OF CHICAGO data is has requested. orphans; that’s 20 million children who have Now let me tell you about the funding I was joined by Senators Reed and Kennedy lost one or both parents due to AIDS. needs for Homeland Security in the City of in urging that this provision not be included, We must act now to help those who today Chicago. and I am disappointed that it was. suffer from the impact of HIV/AIDS as well The City of Chicago had made an assess- In the past, I have challenged the Senate as to change the future of today’s children. ment of total budget needs for homeland se- and the President to back up the high pri- We know the situation is dire. We have curity at around $175 million ority we have placed on the global AIDS pan- data to support what program work. Now its The top ticket item in Chicago is the Chi- demic with adequate resources. time to fund the programs that work. [Senator DeWine has even called me a cago public safety radio migration plan The 2003 appropriations bill helps us to ‘‘bull dog’’ on this issue. I took that as a which is estimated to cost $80 million. take yet another tiny step forward in fight- The migration allows for all agencies to great compliment.] ing global AIDS. communicate in an interoperable manner on This 2003 appropriations process dem- a daily basis without major equipment modi- onstrated that the Senate does indeed recog- Mr. STEVENS. Mr. President, I sug- fication or complicated system changes. nize the need for increased resources to fight gest the absence of a quorum. Among other important needs are: global AIDS. The PRESIDING OFFICER. The Emergency Responder Training and Equip- In December, I, and 15 other Senators, sent clerk will call the roll. ment—$7.9 million. CPD is requesting first a letter to appropriators asking them to in- The legislative clerk proceeded to responder training, first responder equip- crease overall AIDS spending by 50 percent ment and secondary responders unit train- over 2002 levels. At the time we were looking call the roll. ing. for an increase of $236 million. Mr. STEVENS. Mr. President, I ask Emergency Operations Center Expansion— While facing $9–$10 billion in cuts through- unanimous consent that the order for $10 million. This expansion will provide inci- out the FY 2003 appropriations bill, the For- the quorum call be rescinded. dent manager with real-time live video, sat- eign Operations Subcommittee responded to The PRESIDING OFFICER. Without ellite imagery, building X, Y, and Z coordi- this request, and managed to find an addi- objection, it is so ordered. nates and other state of the art technologies. tional $41 million for global AIDS. Hazardous Materials Equipment—$7 mil- The Senate Labor, Health and Human f lion. The Chicago Department of Environ- Services Subcommittee agreed to match ORDER OF PROCEDURE ment is requesting hazardous materials re- House approved levels, increasing the funds sponse equipment for any large, widespread going to the CDC’s Global AIDS Program by Mr. STEVENS. Mr. President, I ask or egregious hazardous incident. about $15 million. unanimous consent, under the previous

VerDate Jan 31 2003 02:05 Feb 15, 2003 Jkt 019060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\A13FE6.048 S13PT2 S2424 CONGRESSIONAL RECORD — SENATE February 13, 2003 consent request, that the Senate pro- most of the Federal Government to op- Let me begin by, first of all, com- ceed to the consideration of the con- erate under a series of continuing reso- mending Senator STEVENS and Senator ference report on H.J. Res. 2 and that it lutions, our Republican colleagues BYRD. Conferencing these bills is no be considered under the following limi- have produced a bill that, when com- easy task. Each of us has pieces of tation: 20 minutes of debate equally be- bined with the already enacted defense these bills that we care about deeply. tween myself and the distinguished and military construction bills, ex- And the Chair and Ranking Member Senator from West Virginia, the rank- ceeds the President’s level by more have the awesome responsibility of try- ing member of the Appropriations than $12 billion. ing to pull all of this together. Committee; 10 minutes under the con- Republicans provide total discre- Although I am disappointed by many trol of Senator DODD; 15 under the con- tionary budget authority for 2003 of parts of the conference report, I also trol of Senator BOXER; further, that $762.7 billion, and highway obligational want to begin by paying tribute to the following the use or yielding back of authority of $31.8 billion, for a total of chairman and the ranking member and the time, the Senate proceed to a vote $794.5 billion. their staffs for the tremendous effort on adoption of the conference report, Last year, they railed against the they put into this bill and to try to ac- with no intervening action or debate. Senate Budget Committee reported commodate the many requests they re- The PRESIDING OFFICER. Is there spending level of $797 billion. ceived and the tremendous demands objection? My friends, that is a difference of made of them. Mr. REID. Reserving the right to ob- three-tenths of 1 percent, a $2.5 billion Certainly, in many respects this bill ject. difference. Five months of delay over a is an improvement over the budget Mr. CONRAD. Mr. President, reserv- difference of three-tenths of 1 percent. that was submitted to us by the Presi- ing right to object, I would like 3 min- Levels they said were fiscally irrespon- dent. Unfortunately, that is not a very utes before final passage of this bill. sible they have now adopted. high standard, by this Senator’s cal- Mr. STEVENS. I am pleased to add Most interesting—most interesting— culation. that addition to my request. I am when the bill was here on the floor, The standard that we must meet in pleased to modify the request so the some of our colleagues on the other each year’s appropriations is to address Senator’s request is complied with. side ran up a debt meter on amend- the needs of the American people. Un- The PRESIDING OFFICER. Is there ments offered by some Democrats that fortunately, this bill neither reflects objection? had a total cost over 10 years of $37 bil- the priorities of the American people, Mr. REID. Mr. President, I was talk- lion. nor does it do nearly enough to address ing to someone here. The Senator We are poised to vote now on their our national needs. I will begin by discussing education. wants 3 minutes. proposal which is $62 billion above There are many other parts to this bill, The PRESIDING OFFICER. The Sen- what was offered on the floor at the but education is a particular priority ator from North Dakota has 3 minutes. time. So if they still have their debt and source of debate and contention for Is there objection? meter chart, they had better get it out. the American public. Regardless of Mr. STEVENS. Mr. President, I sug- And they ought to put another $25 bil- where you live, any constituency will gest the absence of a quorum. lion on their tote board because they tell you that one of their major con- The PRESIDING OFFICER. The are running up the debt—and it is their cerns is the quality of our public edu- clerk will call the roll. spending. They are in charge, and all The legislative clerk proceeded to cation at the elementary, secondary, their talk about Democratic spending, call the roll. and higher education levels. It is criti- and that that is the problem with fiscal Mr. CONRAD. Mr. President, I ask cally important when you consider how responsibility, is shown for what it unanimous consent that the order for significant this is to the American pub- was. It was all talk. the quorum call be rescinded. lic that this bill should reflect to the The reason we are in the deficit ditch The PRESIDING OFFICER. Without greatest extent possible the interests objection, it is so ordered. is the tax cuts that were unaffordable of the American people in improving Mr. STEVENS. Mr. President, I with- that they have put in place and the ad- the quality of education. draw my unanimous consent request ditional tax cuts this President is seek- I thank the committee for something for the time being, and I ask unani- ing that are going to drive us deep into they did in the bill on education, in- mous consent that my right to be rec- deficit and debt. stead of just sounding like a critic on ognized to call up the report remain Mr. President, the numbers do not everything. We exempted under this the same. lie. I have been waiting for this mo- bill, thanks to the leadership of Sen- The PRESIDING OFFICER. Without ment for 5 months, to see if the rhet- ator STEVENS and others, Head Start objection, it is so ordered. oric matched the reality. And now we from the across-the-board cuts. I am The Senator from North Dakota. see. In just a few moments we are grateful to them for that. That is going going to have a chance to vote, and f to make a difference to a lot of kids in then we are going to see who stands the country who count on Head Start. OMNIBUS APPROPRIATIONS with their words, and who stands with I thank him and his staff for doing that Mr. CONRAD. Mr. President, it has their rhetoric, and who votes to spend for these young people. That would been very interesting to me to review the money. have lost somewhere around 12- to the budget document that is now be- This has been a very interesting 22,000 kids, had we applied the across- fore us that has the omnibus appropria- year, but this is just the beginning. Be- the-board cut to the existing funds on tions for 2003, which provides funding cause we are going to see, in the com- Head Start. We serve thousands more for all the discretionary programs and ing months, who is serious about fiscal than that, about 800,000, but 22,000 kids activities outside the Department of responsibility, who is serious about being dropped off the rolls of Head Defense. having budgets that add up, who is se- Start would have been a great tragedy. For months last year, our Republican rious about paying down debt, who is I thank them for that. colleagues prevented completion of the serious about exploding deficits and Again, I thank my colleague from remaining 2003 appropriations bills, ar- debt—right on the eve of the retire- Alaska on special education. He man- guing that that level for appropriations ment of the baby boom generation. I aged to work out a way with me, at was too high and the President would hope very much that the rhetoric least coming out of this Chamber, to not accept appropriations bills that ex- matches the reality because we have put an additional $1.5 billion into spe- ceeded $750.5 billion in total. not seen that in the last 5 months. cial education, which would have been The President’s veto threat persisted I thank the Chair and yield the floor. a major step forward. It would not have even with the Senate Appropriations The PRESIDING OFFICER. The Sen- gotten us to the 40 percent that ulti- Committee having voted out all 13 ap- ator from Connecticut is recognized. mately we will have to reach, but it propriations bills on unanimous 29-to-0 Mr. DODD. Mr. President, I rise to would have taken us a substantial part votes. address the issue of our fiscal year 2003 of the way down that road. After delaying the 2003 appropria- omnibus appropriations conference re- The Senator from Alaska can’t win tions process for 5 months, and forcing port. every battle, but I would be remiss if I

VerDate Jan 31 2003 17:34 Feb 14, 2003 Jkt 019060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.128 S13PT2 February 13, 2003 CONGRESSIONAL RECORD — SENATE S2425 did not report to my colleagues that in ing to come up with the resources. If should be making these critical invest- this conference report, instead of com- you are going to vote as we did over- ments in the quality of education in ing back with that $1.5 billion, we are whelmingly for the No Child Left Be- our country—special education, title I coming back with $400 million. We lost hind Act and then within the same cal- funding, and Pell grants. $1.1 billion when the House and the endar year refuse to provide funding I am glad the conference report re- conferees from this body met to work for it, well, you get some sense of why tained the language from my amend- out the differences. there is so much outrage at the local ment approved on the Senate floor to This is such a priority. I don’t care level. You are seeing it in special edu- exempt Head Start from any across the where you go in the country. For every cation. Now you will see it in title I. board cut contained in the bill. Head county, every community, this is a That is regrettable. But, again, I thank Start reaches only 60 percent of eligi- major issue. It is a major fiscal respon- the Members for their efforts and what ble 3- and 4-year-olds and only 3 per- sibility. Local governments don’t get they have done in this area. cent of eligible infants and toddlers. to do the things we do at the national Lastly, on higher education, when The conference report provides a mod- level or the State level. They have to the bill left the Senate, it had in- est increase for Head Start that will meet these responsibilities. We have creased Pell grants by $100 a student. barely cover inflation. While it is good mandated it; we have required it. So Since the purchasing power of Pell that Head Start was not subject to an whether you live in the great State of grants has been cut in half since 1975 across the board cut and was allowed a Colorado, as the Presiding Officer does, and in most cases the average student modest increase, we should be fully or the State of Connecticut, I will loan indebtedness has tripled since funding the program. If we truly want guarantee you, if you were to ask local 1987, I didn’t think that was nearly to leave no child behind, then we need people what are some of the priorities enough. Our Republican colleagues de- to ensure that every child starts school you have, this is one that would always feated an amendment to increase the ready to learn. This would have been a come up. grant by $400, but we sent over at least good opportunity to expand Head I am very disappointed, despite the $100. Now it is coming back with an in- Start, but instead, we are just holding efforts of Senator STEVENS and others, crease of $50. I don’t need to tell you it harmless. That’s not good enough. that apparently the House leadership wherever you go, whether it is special And, while the omnibus legislation did not see the wisdom of maintaining education, title I, or college education, continues to provide funding for a the $1.5 billion. They cut it by $1.1 bil- the idea that a $50 increase in a Pell range of programs critical to the public lion so we get a $400 million increase grant is going to make much of a dif- health of our Nation, it falls far short over the President’s budget. You could ference for these low-to-moderate in- of meeting the true healthcare needs of argue that is certainly an improvement come families who are trying to meet American citizens. When this bill was but still far short of what I had hoped the cost of higher education, just before the Senate, I was pleased to sup- we would be able to do. doesn’t make sense. port amendments offered by Senator I wish to address the issue of title I. Again, I understand that conferees MURRAY and MIKULSKI that were adopt- That was a source of lengthy debate in must establish priorities. But I am ed and will support care for the unin- this Chamber during consideration of deeply saddened that we couldn’t do sured and nurse training. I am pleased the legislation. Senator KENNEDY of better and hold at least to the $100 that that the conference agreement sup- Massachusetts offered an amendment we had in the Senate bill and try to at ports lifesaving research conducted by to try to make up the shortfall be- least relieve a small amount of that ad- the National Institutes of Health and tween what the President’s budget sub- ditional burden that these families are removes a scheduled reimbursement re- mitted on title I funding and what going to face. duction for physicians that treat elder- would have been needed in order to Just to put this all in perspective, I ly Medicare beneficiaries. However, I meet the promise the President and the know there is divided opinion on these am disappointed that this agreement Congress made last year when the issues, but these are about priorities. fails to sufficiently broaden further President signed the No Child Left Be- The President has placed a very high many of the health provisions con- hind Act. How many times have you priority obviously on the $674 billion tained within the original bill. Amend- heard people talk about this bill, the tax cut; $320 billion of which will go to ments regrettably rejected by the Sen- importance of title I, getting resources the wealthiest 5 percent of Americans. ate during consideration of this meas- to these children and their families, Think of that. Here you have a tax cut ure include an amendment offered by those who are in the poorest conditions for the top 5 percent that is going to be Senator KENNEDY that would have pro- in both rural and urban communities? some 75 times larger than the cost of vided more than $500 million to public We all signed on to the bill, which, by meeting the promise to low-income health programs that serve minority the way, if you are troubled by special schools, and apparently the President communities and an amendment of- education because of a mandate from values that tax cut about 230 times fered by Senator CLINTON that would the Federal Government, brace your- more than increasing Pell grants for have bolstered funding to Medicare selves because the No Child Left Be- low-income students by $400. providers service elderly Americans by hind Act has significant mandates in Those are choices. I understand peo- more than $4 billion. it. We require localities to do many ple make them. But the American pub- Because more than 130 million Amer- things under title I. It is going to be lic has a right to know that when the icans continue to breathe unhealthy costly to do them, including manda- choice came to doing something about air, I believe the President’s proposal tory testing. But instead of providing Pell grants for struggling families, to eliminate protections that control the resources in the first year of this working families, doing something pollution from powerplants and other new Elementary and Secondary Edu- about special education needs for our industries is unwise. I supported Sen- cation Act, the President actually local communities, or doing something ator EDWARDS’ amendment during Sen- came back and sought to reduce the about title I funds which are critically ate debate called for an independent, funding dedicated to meet those com- important to improve the quality of scientific analysis of the regulations mitments. education at the elementary school before they go into effect. Unfortu- The difference in the conference re- level, we made the choice to provide nately, this amendment was defeated. port between the promise and the re- tax cuts for the wealthiest Americans. Language was added in conference to ality is $4.25 billion rather than $4.65 I represent the most affluent State in allow more logging for commercial billion. So coming back from con- te country. I probably have a larger purposes and prevent legal challenges ference the disparity is not quite as percentage of constituents who would to the 1997 Tongass forest management bad as it was, but the fact is, $4.3 bil- benefit from this tax cut proposal than plan. lion was still missing for title I. I am most other States. Yet I can tell you, Further, at a time when energy mar- terribly saddened by that. there are very few who believe these kets are so volatile, when heating oil I know how hard the conferees have kinds of priorities are their priorities. inventories in the Northeast are 35 per- to work, but you can’t mandate things Most of them, in fact, based on what I cent below the 10-year average, when on local governments and not be will- have heard from them, believe we crude oil is at $35 per barrel, and when

VerDate Jan 31 2003 02:05 Feb 15, 2003 Jkt 019060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.131 S13PT2 S2426 CONGRESSIONAL RECORD — SENATE February 13, 2003 the Northeast is experiencing an un- education, keeping our homeland safe, The PRESIDING OFFICER. The usually cold winter, this bill cuts fund- and other priorities, but not to do clerk will call the roll. ing for the Northeast Heating Oil Re- enough follow-through. The American The assistant legislative clerk pro- serve from $8 million to $6 million. people deserve better than that. ceeded to call the roll. Under the cuts imposed by the ad- Again, I thank my colleague from Mr. REID. Mr. President, I ask unan- ministration and the majority here in Alaska. He fought hard on some of imous consent that the order for the Congress, the Department of Housing these issues. Unfortunately, we were quorum call be rescinded. and Urban Development will provide not able to prevail as successfully as I The PRESIDING OFFICER. Without housing services to fewer families and hoped we could. But, I thank him pub- objection, it is so ordered. communities will suffer. These cuts licly for his efforts, and I regret deeply Mr. REID. Mr. President, I ask unan- come on top of HUD’s recently an- we could not have held onto the Senate imous consent to reiterate the request nounced plans to cut its operating sup- provisions during the conference nego- of the Senator from Alaska, absent the port for public housing authorities by tiations. last paragraph, and Senator BOXER be as much as 30 percent. In letters to the With that, I yield the floor. recognized for up to 15 minutes. Secretary of Housing and Urban Devel- The PRESIDING OFFICER. The Sen- Mr. STEVENS. That is all? opment, I have urged the administra- ator from Alaska is recognized. Mr. REID. Yes. tion to work with Congress to meet the Mr. STEVENS. Mr. President, I Mr. STEVENS. Mr. President, I am Nation’s housing priorities. Unfortu- thank the Senator from Connecticut not ready to lay down the bill. I have nately, this appropriations bill is sim- for his nice comments. I can only say I no objection to the Senator having 15 ply not adequate. regret deeply that I will not have the minutes, as the rest of us have, in I am also disappointed that this leg- privilege he will have tonight, to go terms of morning business. islation cuts funding for the Federal home to that beautiful young child. We The PRESIDING OFFICER. The FIRE grant initiative from $900 million know he protects children because of Chair understands the Senator from in the previously approved Senate bill his great interest in children at this California is to be recognized for 15 to $750 million in this final bill. FIRE time. minutes and that is the only request. grants provide local firefighters with I suggest the absence of a quorum. Mr. STEVENS. That’s correct. absolutely essential equipment and The PRESIDING OFFICER. The The PRESIDING OFFICER. Without training. I firmly believe the FIRE clerk will call the roll. objection, it is so ordered. grant program should have been fully The legislative clerk proceeded to The Senator from California is recog- funded. Now more than ever, the Fed- call the roll. nized. eral Government should be striving to Mr. STEVENS. Mr. President, I ask f be an effective partner with cities and unanimous consent that the order for NATIONAL FORESTS towns across the country. the quorum call be rescinded. Unfortunately, this final bill reduced The PRESIDING OFFICER. Without Mrs. BOXER. I thank the Senator funding not only for the FIRE grants, objection, it is so ordered. from Alaska. I also thank my friend from Nevada for the time. but for a myriad of other homeland se- f curity activities. In total, this final Mr. President, normally I have fancy omnibus bill cuts nearly $4.5 billion in ORDER OF PROCEDURE charts. I have not had time to develop homeland security spending from the Mr. STEVENS. Mr. President, I ask those because we just saw some of the fiscal year 2003 bills written by the unanimous consent to proceed, accord- riders of the bill. Senate Appropriations Committee last ing to the previous order, to the con- I take the floor to make the point year. Homeland security spending was sideration of conference report to ac- that I have many problems with this cut in order to stay within the Presi- company H.J. Res. 2, that it be consid- bill in the area of homeland security— dent’s spending limits—limits that ered under the following limitation: 15 as we are told to take duct tape and were imposed not because domestic minutes under the control of Senator plastic and get ready for a chemical or spending is out of control, but because BOXER, 20 minutes between the chair- biological attack. God forbid. We have we have cut tax revenue irresponsibly. man and ranking member of the Appro- shorted homeland security in this bill. At a time when the Federal Govern- priations Committee; further, I ask We have shorted port security as it re- ment is running record deficits, we are that following the yielding back or use lates to inspecting containers at the being asked to economize on the safety of the time, the Senate proceed to a ports. We have shorted border security, of local law enforcement, firefighters, vote on the adoption of the conference firefighter grants, community policing emergency medical technicians, and report with no intervening action or grants; and in education, we are leav- the public. debate. ing many children behind. That breaks This bill also fails to provide ade- The PRESIDING OFFICER. Is there a promise to them. quate funding to help state and local objection? To me, this bill is wanting in many governments improve their election Mr. REID. Mr. President, reserving ways. In the area of the environment, and balloting systems. The conference the right to object. which I will talk about, brownfield report provides $1.5 billion for election Mr. HARKIN. Mr. President, I object. cleanups have been reduced, and the and balloting modernization. This is a The PRESIDING OFFICER. Objec- meaning of organic meat has been significant first step, but it is substan- tion is heard. turned on its head. tially below the amount authorized in Mr. STEVENS. Mr. President, I with- It breaks my heart to tell the Senate the Help America Vote Act. I am con- draw the request. tonight that I think America’s forests cerned that state and local govern- Mr. REID. Mr. President, will the are under major attack. It is unbeliev- ments will not have the resources they Senator from Alaska yield for a ques- able to me that without any debate or need to prepare for the upcoming elec- tion? discussion, a pilot program has been tion and ensure that we do not have a Mr. STEVENS. Yes. expanded massively and, in my opin- repeat of the 2000 Presidential election Mr. REID. Would the Senator allow ion, it is going to lead to the ruination fiasco. I am hopeful that we will find the Senator from California to proceed of our national forests—our forests the additional resources necessary to with her part of the evening’s debate? that belong to the American people. make sure that every vote is accu- Mr. STEVENS. Certainly. The program I am talking about is rately counted. I hope we will find the Mrs. BOXER. I will be ready in a mo- called the Forest Stewardship Pro- additional resources at the earliest op- ment. gram, which started 3 years ago. The portunity. Mr. STEVENS. Is there some limita- idea was to allow limited logging on In the end, I believe this bill reflects tion? national forest land for the purpose of a very troubling attitude that seems to Mr. REID. She is going to speak as I maintaining healthy forests in accord- be taking hold here in Washington, have indicated to the Senator. ance with the forest management plan. which is to talk about helping working Mr. STEVENS. Mr. President, I sug- Now, as I said, this program has been families, improving healthcare and gest the absence of a quorum. massively extended.

VerDate Jan 31 2003 17:34 Feb 14, 2003 Jkt 019060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\A13FE6.046 S13PT2 February 13, 2003 CONGRESSIONAL RECORD — SENATE S2427 Let me tell you why I think this There are, under current law, many If I understand what the Senator has stewardship project that is in the bill reasons we allow logging on these 28 said, this provision, so-called steward- is an attack on American values. I projects a year: soil productivity, wa- ship contract, could open more than 70 know the hour is late and I do not in- tershed restoration. There are many million acres of national forest cur- tend to take a lot of time tonight. But reasons why today in these pilot rently owned by the taxpayers of when riders are placed into a bill as projects you can log. It is very care- America to logging by private compa- massive as this, I can tell you, when fully controlled. Mostly it is to reduce nies, and that until this time, we only the American people wake up in the fire hazards, promote healthy forest allowed them to test this in 28 different morning and learn they are going to standards, road and trail maintenance, projects, and only 10 of those projects lose a lot of the old growth trees in grading a road to maintain a camp site. have actually been activated and test- this beautiful land of ours, they are not These are all allowable in this small ed. So it is an untested theory which going to be happy. number of pilot projects. This is what the logging industry, the timber indus- I think America’s forests belong to has been added. try has now tried to capitalize on with the people and I don’t like to see a Now after the Forest Service turns this anti-environment rider to open up giveaway of taxpayer property. I don’t over this particular part of the forest more than 70 million acres to logging; like to see an open invitation to de- to a commercial logger, they can actu- is that the situation? stroy our forests. I don’t like to see no ally log for commercial purposes, such Mrs. BOXER. I say to my friend, he is limits at all on old growth trees. Tim- as providing wood to lumber mills. right, but there is more. For the first ber companies will now pick the trees Let me explain this. Where we had a time they have now opened up BLM they want, with no veto from the For- project before that was aimed at keep- land as well; that is, 200 million acres est Service on these projects. This also ing the forest healthy, it has been of the Nation’s 260 million acres of applies to BLM lands. We could see 70 turned on its head, and now it says we BLM land is also opened, and we are million acres of national forest land are going to turn it over to the com- talking about no limit on the number open to logging here. That would also mercial loggers. The Forest Service of projects. include 10 million acres in my home cannot even have any say in it. It is Under the current law, it is 28 State of California and millions and completely up to the commercial projects a year. It is extraordinary. millions of acres of BLM land. loggers what trees they will cut down. Who is in charge? As my friend points In my opinion, the very purpose of Building a new road is allowed, not just out, the timber companies. this rider is it tries to overrule forest maintaining a road. Mr. DURBIN. If I may ask my friend I am stunned, frankly, that this land management plans. I argue that from California, I am sure she has read could happen in a conference without the forest land management plans take this, but the Los Angeles Times edi- one word of debate. This is a shock to precedence. But I can assure you, they torial said it best today: anyone in this country who believes are going to start these projects. I only the national forests belong to the peo- Since the days of Teddy Roosevelt, Forest hope, since the only way this could be Service responsibility has been to manage ple of our country because this is—and stopped is in court, that it will be the forests on behalf of all Americans, not to I will put this back again to say in stopped in court. There are limits on make sure the lumber mills grind out as summary how I feel about it—this is an public participation in these projects. many board feet as the world wants to buy. attack on American values. We all Let me show you what they did in That is from the L.A. Times editorial know that our precious environment is the dead of night, if I might say, with- today. just that. We see a giveaway of tax- out anyone watching, without any de- It seems from what I can gather that payer property. Not one slim dime will bate, without any discussion, without many who support this provision be- come into the Treasury; not one slim any public participation. I don’t know lieve these national treasures, these dime. national forests are there for the ex- that anybody can read this chart, but I We have an open invitation to de- ploitation of private companies rather am going to go through it. stroy our forests without getting any- than the legacy which we owe to our Under current law, we see that 70 thing back for it. There are no limits children and future generations. million of 191 million acres of national on old-growth forest logging. Timber To allow these companies to come in forests and grasslands are affected. companies will pick the trees they and run roughshod over millions of Under this omnibus bill, we would see want with no veto from the Forest acres of America’s national forest land the same number of acres affected, plus Service, a complete change from what for their own profit and to do this at 200 million acres of 260 million acres of we have had before. We could impact 70 the last minute in an anti-environment BLM land. We are talking about mas- million acres of national forest lands, rider strikes me as a harsh com- sive amounts of land. including 10 million acres in my home The number of projects now under State of California and millions of mentary on the values that this Senate the Stewardship Program number 28 acres of BLM land. is putting in this bill for the appropria- projects a year. Now there is no limit, This is clearly an attempt—I under- tions process. no limit at all. score—an attempt to overrule forest I salute the Senator from California. Who is in charge of the projects? Now land management plans, an attempt I Thank you for having the political under the Stewardship Program, it is hope will not succeed. courage to stand up and make a point the Forest Service. They come in and Mr. DURBIN. Will the Senator yield about an issue that really is going to they will tell a private sector commer- for a question? have an impact on America for genera- cial logger: This is what you can cut, Mrs. BOXER. Yes. tions to come. but do not cut this tree down and do Mr. DURBIN. I would like to ask the Mrs. BOXER. I thank my friend very not cut that tree down because they Senator a question. I have only been in much. I know my time is running may be old growth, or whatever, for the Senate 6 years. She has been here short. There is nothing I can do here whatever reason. Now we give it away slightly longer. Isn’t it curious some of except take a few minutes to call this to the timber companies. the worst environmental provisions are to the attention of my colleagues and We are seeing in the red the dif- included in the appropriations bill at the American people because, as my ferences between the current projects the last minute without any hearing, colleague knows, we cannot amend this where they were limited to 28 projects without any review? One would think report. It is up or down. This is what a year to no limit. that the people who were supporting makes it so egregious to me. Let me say to my friends in Cali- this—the timber industry and those I am ready to go to battle toe to toe fornia who may be watching this de- who support these provisions—would any day on this issue, and I am sure my bate tonight, 10 million of our 20 mil- not be so afraid of their positions that colleagues would give me a fight on it. lion acres of national forests that we they have to put them in a stealthy We would have a vote and take our love in our State could be under the ax situation where, frankly, it is a ‘‘take lumps if we lost and be very happy if here. I hope you wake up to this be- it or leave it’’ bill, a ‘‘take it or leave we won. cause this was done in the dead of it’’ 2,000-page bill that includes this We have a situation where taxpayer night. rider. property is being given away without 1

VerDate Jan 31 2003 17:34 Feb 14, 2003 Jkt 019060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.135 S13PT2 S2428 CONGRESSIONAL RECORD — SENATE February 13, 2003 cent back to the Treasury. Here we We are in this position because of omnibus amendment I offered to H.J. have a situation where, instead of the considerations of the last Congress. I Res. 2, the one that was brought before Forest Service saying, OK, you can cut will not take the time of the Senate to the Senate. I might add that in addi- down a few of these trees, we need it try to discuss why we did not pass tion, the conference report contains $10 for certain public purposes, they are those bills last year, but when we com- billion in addition to the funds for the out of the game. They give it to the menced this year and I became chair- Department of Defense and intelligence logger, and the logger decides what man of the Appropriations Committee community for the global war on ter- tree to cut down. once again, it was my determination rorism. These were added to the bill. I think this is a stunning reversal of that we should proceed with those bills This was a reserve that was set aside a program that started out to be one and make sure we had them completed by my great friend from West Virginia that was in the public interest. and to the President for his signature when he was chairman, a reserve for In closing, I will give you one last ex- before we were forced to enter into the Defense pursuant to the request of the ample. budget process for fiscal year 2004. President as he presented the budget Under this new rule—and, again, I It was a very difficult process. I want for the fiscal year 2003. apologize for the crudeness of these to thank my good friend and Chairman It would be my intention to ask the charts, but we did not know about this BILL YOUNG in the House, who did as Senate to proceed with statements per- until a few hours ago. It is now a stew- we requested to get the Senate to taining to H.J. Res. 2 before it is actu- ardship goal, if the Forest Service so adopt two continuing resolutions. One ally received, before we go on the bill. states, to provide wood to lumber we passed and it has extended the time I hope that meets with everyone’s ap- mills. That becomes a forest steward- for consideration of these bills. That proval. Right now it is a matter of dis- ship goal. It is unreal. time will expire on February 20. We cussing the various provisions of the Our people think we are protecting will soon get another continuing reso- bill. our forests, but our new goal is to in- lution to take us over to, I believe, There are several other legislative vite the loggers in, with no limits on February 24, so the President will have initiatives in the bill. They include $3.1 these projects. I am distraught and dis- a chance to review these bills before he billion for drought and other agricul- turbed about this. I only hope that the must sign them. I do believe the Presi- tural disasters. These funds are offset courts will do what they have done in dent will sign this bill when it is re- by reductions in mandatory programs. the past and say this is in violation of ceived by him. Medicare and the TANF short-term ex- the forest plans. Maybe they will save It was early this morning that the tensions would give the Finance Com- us from ourselves. This is miserable. conference report on H.J. Res. 2 was mittee time to address their matters in I wish I could offer an amendment to filed in the House. I was discussing a reconciliation bill later this year. strip this out. I am prohibited from with other Members of Congress as There is a .65 percent across-the-board doing it, but I will bring this back to early as 2 a.m. this morning some of cut to all discretionary accounts in my colleagues at a time when we have the provisions of this bill. It is a very this bill to assure that the total re- more opportunity to discuss it in de- controversial bill, I know. There are mains within the top line that was tail. I yield the floor. many portions of this bill that if I were agreed to by myself, House Chairman The PRESIDING OFFICER. The Sen- alone and had the sole right to write BILL YOUNG, and the President. That is ator from Alaska. the bill, I would not incorporate in this a an arbitrary line, I will admit, but in bill. This bill includes 11 separate ap- order to get the bill signed, if we joined f propriations bills. The conference re- them together, it was my judgment we MAKING FURTHER CONTINUING port includes 16 divisions. It is a long could not risk a final veto from the APPROPRIATIONS FOR FISCAL bill. President of the United States after YEAR 2003—CONFERENCE REPORT I see my friend from Arizona in the working so hard to put them all Mr. STEVENS. I ask unanimous con- Chamber. I acknowledge it is a very through in one package. So we have sent that the Senate proceed to con- difficult bill to go through in a very worked as closely as possible with all sider the conference report to accom- short period of time. I appreciate the concerned to try and make certain that pany H.J. Res. 2 under the previous consideration he and his staff are giv- the bills will be in a form the President agreement. ing to the bill, as he usually gives to could sign it. The PRESIDING OFFICER. Is there our appropriations bills. I have to admit I am sure he will be objection? I see my colleague from West Vir- as disturbed about some of the provi- Without objection, it is so ordered. ginia is in the Chamber, and when he is sions as I am myself, but I do believe The clerk will report the conference re- ready we will ask that the Senate turn all in all the bill is one the President port. to the consideration of the bill. I want should be able to sign because we have The legislative clerk read as follows: to talk about some of the background kept the agreement. We have stayed The committee of conference on the dis- of the bill before we begin making within the line of the requests made by agreeing votes of the two Houses on the statements on the bill and what is in the President of the United States for amendment of the Senate to the joint resolu- it. funds for fiscal year 2003. tion (H.J. Res. 2) making further continuing This has been a very difficult process I will take a moment to address the appropriations for the fiscal year 2003, and for all of us. I want to say to the Sen- total spending levels in the bill. Last for other purposes, having met have agreed ate that following the election, I out- ILL OUNG that the House recede from its disagreement November, Chairman B Y and I to the amendment of the Senate and agree to lined to our staff, and our staff director met with the President to discuss how the same with an amendment and the Senate Steve Cortese, a process I hoped we we might complete the work on these agree to the same, signed by a majority of would follow to get these bills passed. fiscal year 2003 bills. At that time, the the conferees on the part of both Houses. The Senate Appropriations Committee President asked that we would hold to The PRESIDING OFFICER. The Sen- staff has been working on these 11 sep- the total provided in his budget re- ate will proceed to the consideration of arate bills since the end of the year. We quest, as amended by him. We asked the conference report. have had bipartisan cooperation. The that funds needed for the western fire- (The conference report is printed in process we followed in the Senate was fighting be added to that total to ad- the House proceedings of the RECORD of that we had 11 teams. They were made dress that emergency. We also agreed February 13, 2003.) up of the 11 subcommittees that would at that time there would be no emer- Mr. STEVENS. Mr. President, this is have handled the bills had they been gency money per se—no amounts added probably a historic occasion because handled individually. These bills were to the bill above the President’s re- we are presenting to the Senate—as my primarily the result of the interaction quest. The President agreed to our re- colleague, Chairman BILL YOUNG, pre- of the staff director of each of those quest that he would send in a supple- sented to the House—11 appropriations subcommittees with the staff and the mental request for the monies needed bills in one omnibus bill, a bill that membership of the subcommittee. for the western fires. covers the balance of this fiscal year, We took the product of those 11 In addition, we discussed the need to fiscal year 2003. teams and put them together into the fund the election reform bill enacted

VerDate Jan 31 2003 17:34 Feb 14, 2003 Jkt 019060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.137 S13PT2 February 13, 2003 CONGRESSIONAL RECORD — SENATE S2429 by the last Congress and respond to the the 2004 education programs, which was year that gave us the ability to deal severe drought facing Midwestern and an initiative we began on the floor as with 11 different bills that had a prior Western States. we tried to increase the moneys allo- approval by the Senate and past Con- To accommodate all these competing cated to education under the Presi- gress and gave a jumping off point to pressures, the bill I presented to the dent’s No Child Left Behind education play catchup with this process. Senate in the form of an amendment to program. I have the deepest respect for the the second continuing resolution sent In short, we set a target which was House chairman, Congressman YOUNG, to the House included a 1.6 percent the total amount requested by the ad- and the ranking member, Congressman across-the-board cut to ensure the ministration. We met the target and OBEY. Their constructive approach and total spending did not exceed the new we bring this bill to the Senate, re- determination to finish the work, these total we then faced, which was $751.325 flecting the priorities of the adminis- 2003 bills, were vital to the conclusion billion. tration, the House, and the Senate. A of this conference. During consideration by the Senate, great deal of hard work went into this It is with a great deal of humbleness amendments were adopted that neces- final agreement, with all parties mak- that I come before the Senate and ask sitated increasing that across-the- ing compromises—and, I must say, sac- the Senate to approve this conference board cut to 2.85 percent of the total of rifices—to get the job done. report because I know it is a difficult the bill. That level could not be sus- On my own account, as I mentioned process. We will approve the largest ap- tained, and it became a driving factor earlier today, I was disappointed that a propriations bill in the history of the in our conference with the House and more complete resolution of the Alas- United States because there are 11 to- with the administration. We under- ka timber problem could not be in- gether in one package. It is very dif- stood that as we went to conference. cluded in this bill. There have been ficult. There will be portions of this We took those across-the-board cuts so comments made about my trying to bill with which some people disagree; in conference we could discuss all the add something behind the scenes and they could disagree with 1 and love the programs with the House and with the some sort of dark way of moving an other 10. administration and work out an ac- amendment that should not have been But the process here is such that if ceptable compromise. considered by the conference. There we are to do our work for the remain- The challenge facing the conferees was a provision in this bill as it went der of this year, if we are going to be was to integrate all the priorities of to conference dealing with the Tongass able to address the year 2004 appropria- both the Houses and the administra- Forest in Alaska. We tried to resolve tions bills, if we are going to be pre- tion within the top line of the total re- the total dispute over that forest. That pared to deal with the possibility of a supplemental for our men and women quested by the President of the United has not been possible. As I said this in uniform who are being deployed States. Each of the subcommittee afternoon, I will address the Senate throughout the world, if we are going chairmen and ranking members man- again and again and again until it is to be able to be partners with the ad- aged to negotiate to resolve their por- resolved. ministration in dealing with the crises tion of the bill. In other words, as they At the conference meeting, I was that face this country in Iraq and got to conference, the 11 teams were compelled to ask Senator BOND to withhold a more comprehensive pro- Korea, we have to clear this deck. still involved with working primarily We have to make up our mind to vote posal on the Missouri River, a goal he with their portion of this bill. Both the for this bill. I urge every Member to has sought, and sought very hard, and House and the Senate worked to ac- search his or her soul about this proc- commodate a set of allocations that on which he has worked very hard. I ess. It is not a perfect process. It is ab- would ensure we stay within our fiscal know it was a very difficult thing for solutely not perfect. This bill is cer- goals. my great friend from Missouri. tainly far from perfect, but it is the The House advocated language on By allocations, I mean the amount of best we can do under the circumstances coal company compensation that the money available to each subcommittee that face us. There are many people Senate could not agree to. The House for the portion of this bill and the por- here disappointed, as I am, about provi- also accepted compromises on Amtrak tion of the budget that pertained to sions that affect their own personal matters under their jurisdiction. from the positions advocated by the State. All I can say is, there will be an- During the course of these negotia- subcommittee chairman. other day and perhaps we can address The toughest portion to resolve was tions, we turned on several occasions some of those provisions on an indi- the drought relief package. I am deeply to the Vice President for his counsel, vidual basis as the year goes by. consideration, and leadership in bridg- grateful to the efforts and leadership of I deeply thank the staff of the Appro- ing the gaps between the Congress and Senator COCHRAN in resolving this mat- priations Committee on a bipartisan the administration. This has been one ter and meeting the needs of those basis. I will later ask to put all their of the most interesting periods of my farmers devastated by recent droughts. names in the RECORD because every one life as a Senator, being able to work His joint role as chairman of the agri- of them has been involved. My staff di- this closely with the Vice President, culture subcommittee and the author- rector sent me an e-mail last night at who undertook, despite the problems izing committee made him a pivotal 2:45. I am surprised he thought I was facing the Nation, to give us his atten- figure in this process and brought be- still awake to get it—but I was. But tion whenever I called and whatever fore the Senate a proposal which I hope the real problem is this has been a time I called. In every case, the Vice will be acceptable to all involved in product of hard labor. I hope the Sen- President worked hard with us to find farm matters. ate realizes that as we proceed tonight. solutions to the problems that beset I know many others wish to speak at It is my deep hope that we will vote this conference. this conference report, and I will re- on this bill tonight because it will add The conference report, based on the serve any time that might be allocated 1 more day to the time that the Presi- give and take between the House and to me. I thank the distinguished rank- dent has to review the bill. It will take the Senate, between the Congress and ing member and our former chairman at least 2 days, maybe 3 days, for the the White House, meets the fiscal tar- of the Appropriations Committee, Sen- enrolling process of this bill to take gets agreed to by both the House and ator BYRD, for his partnership and as- place. In all probability the President the Senate. Discretionary spending for sistance in preparing this bill for the cannot receive this bill, if we pass it fiscal year 2003 will be a total now of Senate. I know he did not agree with tonight, until Monday night or Tues- $762.713 billion. That total reflects our the process. I know he wished we had day of next week. He is entitled the original base of $751.325 billion, in addi- more time to deal with these individ- time to review this; all of the staff tion to $1.5 billion for election reform, uals bills. But without the work under- have to review this before he will sign which the President endorsed over the taken by Senator BYRD in the com- it. base request, and the $10 billion for the mittee, reporting all the 13 bills last Having been part of the administra- defense reserve. year, we could not have completed our tion one time, I know what they call The White House also accepted $2.241 work under the timetable we faced. It the ‘‘enrolled bill process’’ in the ad- billion in advance appropriations for was because of the work he led last ministration. Each department gets its

VerDate Jan 31 2003 17:34 Feb 14, 2003 Jkt 019060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.141 S13PT2 S2430 CONGRESSIONAL RECORD — SENATE February 13, 2003 time to review a bill passed by the Con- year and the domestic agencies of our The American people should know gress and present their recommenda- Government have had to operate under that if there is a chemical or biological tions to the Office of Management and eight continuing resolutions. Unfortu- attack in their neighborhood, the odds Budget to be put together and given to nately, the House of Representatives are that the police, the firemen, the the President for his consideration be- has not passed a regular appropriations medical personnel who will respond fore he will sign a bill. That process bill since July—since July of last year. may not have either the equipment or must have time. We should accord the That is over 29 weeks without sending the training necessary to help when President of the United States the re- a regular appropriations bill to the that help is needed most. spect due his office, to give him time Senate for consideration. For example, the National Fire Pro- to review this bill. I regret deeply I did I have been in these premises for tection Association and FEMA esti- not get more time for my friend from more than 50 years. I have never seen mate that only 13 percent of the fire Arizona to review the bill. such a performance in this half century departments around the country have As the years have gone by, we have in which I served in this body and the fire personnel with the specialized come to appreciate each other more in other body. I have never seen such a training and equipment to handle terms of the roles we play in this proc- dismal performance. chemical or biological attacks. ess. The Senator from Arizona is the When Democrats were in the major- Why is America so vulnerable? Be- watchdog of the Treasury as far as this ity in the Senate, we produced 13 re- cause this White House is hoping to process is concerned. I admire and re- sponsible bipartisan bills. I owed, al- protect the American people on a shoe- spect that as far as the Senator is con- ways owed and sought to give due cred- string homeland security budget, held cerned, and I look forward to com- it to my distinguished colleague, the together with duct tape. ments he will make tonight. Senator from Alaska, because he was Since September 11, 2001, the Presi- dent, with great fanfare, has signed Mr. MCCAIN. I see the Senator from always so helpful, so cooperative, al- West Virginia. I appreciate the indul- ways so courteous in his treatment to- legislation to authorize improvements gence of the Senator from West Vir- ward me and I have always recognized in security at our airports, security at ginia. I will take just a minute. that and always sought to assign due our ports, and on our borders. The I thank the Senator from Alaska for credit, proper credit to him and to his President also announced a plan for the hard work he and his staff have colleagues on that side of the aisle. State and local governments to vac- done. I also hope Members understand The President’s budget for fiscal year cinate 10 million first responders for a that we did not receive this bill until 2003 was seriously deficient in a num- potential smallpox attack. But the sometime late morning and it is, as the ber of critical domestic programs such President has not funded that effort, Senator from Alaska pointed out, the as homeland security, education, vet- nor has he requested money for it in his budget. largest bill in the history of Congress. erans medical care, highway construc- Time after time after time, the ad- I see it sitting to his right. I think it is tion, and Amtrak. In the bills that ministration has talked about home- were approved in the Senate Appropria- several thousand pages. I believe, in all land security, but time after time after tions Committee by unanimous votes candor, in order to review it, my staff time the administration has failed to last summer—the votes of every Re- would have to stay up all night. invest in homeland security. I understand the urgency of voting publican and Democrat, all 29, 15 Add it up. Add it up. The President tonight, but I hope the Senator will in- Democrats at that time and 14 Repub- turned his back to $2.5 billion in emer- dulge me and my staff another hour licans, all 29 votes voted unani- gency homeland security funds last Au- and a half for us to get through at least mously—we added about $11 billion or gust. This past fall the President a majority of the bill, and then I would about 3 percent to the President’s re- forced $1.5 billion in cuts to homeland be asking for an hour, but I will not use quest to respond to these shortfalls. security initiatives in the appropria- a complete hour to comment on the Regrettably, the conference agree- tions bills that unanimously passed the bill. That way, I hope it can accommo- ment that the House and Senate Re- Senate Appropriations Committee last date Members so we could have a vote publican leadership bring before us this July. Just last month the administra- relatively early this evening. evening cuts back domestic spending tion opposed two homeland security We are not finished by a long shot re- by nearly $8 billion, with cuts in home- funding amendments which I offered on viewing the bill. It is the largest appro- land security, land conservation pro- this floor, one for $5 billion, another priation in the history of this country. grams, Head Start, State and local law for $3 billion, and the administration At least in my mind, it deserves scru- enforcement, water infrastructure labeled these funds as ‘‘extraneous.’’ tiny and comment. grants, mass transit, the National Those are billions of dollars in home- I thank the Senator from Alaska. I Park Service, embassy security, and land security protections that could be thank the Senator from West Virginia. many other programs. at work right now. Those are billions I yield the floor. I am particularly troubled about the of dollars that could be in place today The PRESIDING OFFICER. The Sen- cuts in homeland security programs, for new police and firefighter training, ator from West Virginia. given the increased threat level under for expanded border security, for vac- Mr. BYRD. Mr. President, as the which we are all now living. My col- cines against smallpox. Those are bil- ranking member on the Committee on leagues, the security of this Nation is lions of dollars that could be helping to Appropriations, I thank my friend, the on thin ice. This administration has protect American lives today. But time chairman of the Senate Appropriations held back support for critical invest- after time after time after time, this Committee, TED STEVENS, and I also ments in homeland security, in police administration said no, calling those thank House Appropriations Com- officers, in firefighters, in border, air- homeland security funds ‘‘extraneous’’ mittee Chairman BILL YOUNG as well as port, and seaport security. As a result and ‘‘wasteful.’’ the ranking member of the House Ap- of this White House’s intransigence, Now, when the President signs the propriations Committee, Representa- America is woefully unprepared to pre- omnibus bill, the administration will tive DAVID OBEY, for their hard work in vent or respond to another terrorist at- proclaim with great fanfare that it bringing H.J. Res. 2, a joint resolution tack. held a hard line on Federal spending. I making consolidated appropriations for In this conference report, spending hope that the White House hard line fiscal year 2003, to the floor. I thank all for our Nation’s first responders has will not result in Americans becoming of the conferees on both sides of the been cut by $1.6 billion from the levels hard targets for terrorists. aisle and in both Houses for their hard approved by the Senate Appropriations No longer can we nickel-and-dime work on this legislation. Committee last summer. Funding has our first responders. These firemen and I join with my chairman in paying also been cut for border security by police officers and emergency medical our respects to and thanking our staff $182 million, embassy security by $42 teams simply cannot do the job we ex- people, on both sides of the aisle, who million, and for hiring COPS on the pect them to do, and that the Amer- have worked long hours for long weeks beat by $130 million, enough to hire ican people expect them to do, without and for long months on this bill. We 1,360 police officers and other per- enough financial support from the Fed- are now over 4 months into the fiscal sonnel. eral Government.

VerDate Jan 31 2003 17:34 Feb 14, 2003 Jkt 019060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.143 S13PT2 February 13, 2003 CONGRESSIONAL RECORD — SENATE S2431 We should not accept the alarming tisan approach we have maintained lican leadership designed a program deficiencies in our seaport security—an over the years to produce bills to fund that assessed the $3.1 billion offset area that many experts have identified this nation’s necessary programs. The against a farm program which one of as perhaps the Nation’s single greatest bipartisan spirit of this Committee en- our colleagues had labored for 5 years vulnerability. We should not accept the ables us to carefully balance the needs to get enacted. The House and Senate fact that first responders and local doc- of all Americans and to successfully Republican leadership chose to cut do- tors and nurses do not have sufficient craft bills that, with few exceptions, mestic programs by nearly $8 billion training and equipment to handle wide- are signed into law. from the bi-partisan bills approved by ranging threats involving madmen who We all recognize the unusual cir- the Appropriations Committee last may have gotten their hands on weap- cumstances surrounding passage of summer. There also was no discussion ons of mass destruction. With these most of the fiscal year 2003 appropria- of the decision to include an arbitrary looming gaps, what is the administra- tions bills. Still, I am pleased to report across-the-board cut on domestic pro- tion’s great homeland security plan? that the general rule of bipartisan co- grams. What will protect the American peo- operation among the members and The package was approved by the ple? Will it be duct tape, plastic sheet- staff of this Committee has continued House and Senate Republican leader- ing, and a new federal bureaucracy? We to prevail and, thereby, we have before ship and given to the Appropriations did not create a new Department of us now a conference report that strives Committees to be laid into the omni- Homeland Security just to be told to to provide fair treatment for all Sen- bus legislation. The conferees never buy duct tape and plastic. ators, at least in terms of the regular met to approve the final conference re- When it comes to fighting overseas, 2003 appropriations provisions. port. this Administration’s attitude is to However, notwithstanding the bipar- This is no way to develop legislation. spare no expense. In fact, the Vice tisanship exhibited at the sub- When minority Senators are excluded President interceded personally over committee level, there have been some from discussions, it has the effect of the weekend to include billions of new serious problems encountered in the disenfranchising the millions of Amer- dollars for Defense Department efforts formulation of the conference agree- ican citizens who are represented by in this omnibus bill. That is all well ment on the omnibus appropriations those Senators like myself. and good. But when it comes to fight- legislation. There is not much we can do about ing the war here at home, this adminis- Today’s headline in The Washington this problem now. We are faced with tration relies on duct tape and plastic. Post reads, ‘‘GOP Wraps Up Spending the alternative of operating on a con- We are in new and dangerous times. Package.’’ There is some truth to that tinuing resolution for the rest of the No threat can be ignored. The men and statement. Behind closed doors, the year—which I don’t want to do, which women who send us here demand that Senate Majority Leader, the Speaker Chairman STEVENS, Chairman YOUNG, we protect them. The fathers and of the House of Representatives, and and Mr. OBEY have labored valiantly to mothers who send their children to the Chairmen of the House and Senate avoid—which would have the effect of school each morning expect us to in- Appropriations Committees met and reducing domestic spending by up to vest their hard-earned dollars to keep settled on a number of the big issues. another $14 billion below the levels in their little ones safe. That is a solemn Vice President Cheney provided the ad- the omnibus legislation. duty. It is a basic and sacred duty. ministration’s views. It is my hope that in the future there When the people ask for our best ef- At these partisan meetings, decisions will be a resumption of full bipartisan forts to protect them from madmen, we were made on such issues as the overall cooperation for all items that are in- must not respond with duct tape. top line total of the omnibus appro- cluded in any appropriations bill. If Chairman Stevens and House Appro- priations legislation, the size of the members want to add items to an ap- priations Committee Chairman Young across-the-board cut, the matter of en- propriations bill that are the product did all they could to produce an omni- vironmental riders and the substance of an authorization committee, that bus bill that meets the needs of the of the $3.1 billion drought package, committee must adhere to the bipar- American people within the low spend- along with the offsets from the pre- tisan standards of the Appropriations ing level imposed by the administra- viously enacted farm bill that were in- Committee. If they choose not to do so, tion. cluded at the insistence of the White I strongly suggest that they find a leg- I believe that the most damaging re- House. These farm bill offsets because islative vehicle other than an appro- sult of the 2003 appropriations process necessary when the White House re- priations bill on which to attach their for the Nation and for our States would fused to raise the top line by $3.1 bil- measure. be for our domestic agencies to be lion to accommodate the mandatory Again, I thank the truly distin- forced to operate under a continuing spending in the drought package. guished chairman of the Senate Appro- resolution for the entire fiscal year. More specifically, Division N of om- priations Committee, Mr. STEVENS, for Such a full year continuing resolution nibus legislation includes a title to his cooperation, for his many cour- would reduce domestic spending by up provide disaster assistance for farmers tesies towards me and towards my col- to another $14 billion below the levels and ranchers due to drought and re- leagues on this side of the aisle, and for in the omnibus. lated conditions. This item was in- his friendship and the friendship of all Chairman STEVENS of the Senate Ap- cluded in the bill passed by the Senate members of the Appropriations Com- propriations Committee, Chairman in January. However, when this bill mittee on both sides of the aisle. BILL YOUNG of the House Appropria- went to conference, this item was not I also thank the staff of the com- tions Committee, and Mr. OBEY, my made part of the normal bipartisan mittee. I cannot find the words to ade- counterpart on the House side, did ev- conference process. In fact, no appro- quately express my deep appreciation erything they could to avoid operating priations subcommittee was even in- to the staff people on this committee. their Government on a continuing res- volved in the conference negotiation on They work hard. They work long hours. olution that would go to the end of the disaster assistance. Rather, it seems, They work long weeks. They work fiscal year. the entire negotiation was conducted weekends and are away from their fam- Therefore, I am going to support pas- by the majority authorization commit- ilies. And they labor under very dif- sage of this legislation. However, I tees, and no discussions with minority ficult conditions in order to help to must raise a concern about how this appropriations or authorization com- bring to the chairman and the ranking legislation was produced. Over the past mittee staff ever occurred until the member of the full committee a meas- several weeks, the Appropriations final product was presented to the Ap- ure which can then be brought to the Committee has worked to craft a con- propriations Committee just as the fin- floor and voted on. These staff people ference report to include the eleven ishing touches to the overall omnibus performed admirably under tight dead- spending bills for fiscal year 2003 that appropriations legislation were being lines, especially during the last 6 were not concluded during the 107th made. weeks. Congress. The Appropriations Com- In summary, with no Democrats in I look forward to working with my mittee takes great pride in the bipar- the room, the House and Senate Repub- colleague, Mr. STEVENS, on the fiscal

VerDate Jan 31 2003 02:05 Feb 15, 2003 Jkt 019060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.145 S13PT2 S2432 CONGRESSIONAL RECORD — SENATE February 13, 2003 year 2004 appropriations process which fingers snaking into so many areas of ingly innocent individual conduct him- will begin very soon. Americans’ lives—is a textbook case of self or herself according to a pattern Mr. President, I yield the floor. a program that needs vigorous congres- that terrorists have exhibited in the The PRESIDING OFFICER. The Sen- sional oversight. past? ator from Oregon. In recent days, the Department of To find out whether any current U.S. Mr. WYDEN. Mr. President, before he Defense and the Defense Advanced Re- citizens fit the model of a terrorist liv- leaves the floor, I commend the distin- search Project Agency, or DARPA, ing among us, the Total Information guished Senator from West Virginia for have announced the formation of two Awareness Program would develop a an excellent statement and associate oversight boards for the TIA Pro- way to integrate the databases that al- myself with his remarks. They were ex- gram—one within the Total Informa- ready track our daily lives—bank tremely well put. tion Awareness Program and another records, online purchases, and travel Mr. BYRD. Mr. President, I thank my Federal advisory board. In my view, plans, for instance. Once integrated, distinguished friend for his comments. this is a positive development. It indi- these disparate databases would serve And I thank him always for his cates that they understand the growing as one giant repository of information statecraft, for his handiwork in the de- concern of the American people about on most or all of the computer-linked velopment of legislation on the floor, the Total Information Awareness Pro- transactions an individual makes. and for his courage and ability to stand gram. Then you run the models, then you up for what he believes. But I am very pleased that Chairman make a judgment of who looks like a Mr. WYDEN. Mr. President, I thank STEVENS and the conferees shared my terrorist. TIA’s technology would give the distinguished Senator from West view, and that is that the establish- any Federal agency the capability to Virginia, who really is a role model for ment of these panels in no way reduces develop risk profiles for millions of so many of us. I thank him. the need for congressional oversight of Americans as they look for question- Mr. President, I come to the floor the Total Information Awareness Pro- able conduct. today to discuss the provisions in the gram. The conferees understood that When I first heard about this pro- omnibus spending bill, adopted unani- these oversight boards, while useful, gram—I am sure there are many others mously by the Senate earlier, that will are not an argument for abdicating the who came to think this as well—when protect the privacy and civil liberties responsibility of the Congress on this you hear this initially, you say, this of each and every law-abiding Amer- issue. sounds like a good idea. If you snoop on ican citizen. As I mentioned, this has been a bi- everybody all the time, you are more I am going to discuss this over the partisan effort with Senators FEIN- likely to spot a few criminal someones next few minutes. I see the distin- STEIN and REID—the distinguished Sen- at the moment they are up to no good. guished chairman of the full com- ator from Nevada is in the Chamber, But the fact is, the police can’t just mittee, Senator STEVENS, in the Cham- Mr. REID—who have been very helpful. stop someone on the street and frisk ber. Before I begin my remarks, I wish Suffice it to say, not one Member of them for no reason. Current privacy to express my appreciation to the Congress—no one in the Senate, no one law is supposed to prohibit private chairman of the Appropriations Com- in the other body, Democrat or Repub- companies and the Government from mittee. He and his staff have been so lican—has disagreed with the propo- rummaging through your online gracious and so kind with respect to sition of our amendment, and that is records. this issue. that it is the responsibility—indeed, Unfortunately—and this is what you The program I am going to discuss, the duty—of this Congress to insist on learn when you look at the total infor- the Total Information Awareness Pro- oversight of the Total Information mation proposal in depth—as it stands, gram, is the most far-reaching and Awareness Program. Not one Senator the Total Information Awareness Pro- most expansive program of surveil- said: Look, Congress does not need to gram would use technology to pick reg- lance ever proposed. Senator STEVENS put brakes on the most far-reaching ular Americans up by the ankles and and Senator INOUYE, in particular, with Government surveillance effort ever shake them to see if anything funny the help of Senator BYRD and Senator proposed. falls out. FEINSTEIN, and Senator GRASSLEY, col- On the contrary, what Congress said Now, I understand that terrorists are leagues on both sides of the aisle, was: We are going to insist that this not going to hang a shingle outside worked very closely with me. program is not going to be allowed to their hideaways announcing they have But we simply would not have this grow unchecked and unaccountable. In set up shop. They are not technological amendment in the legislation, it would fact, it is the duty of the Congress to simpletons. And I know, as a member not be bipartisan, if Senator STEVENS protect the civil liberties and privacy of the Intelligence Committee, that ex- had not been working with us. Because of the people we represent. The call for traordinary times such as this call for he is in the Chamber, I particularly strong safeguards has come through extraordinary measures to track down thank my colleague for all his help. loud and clear, and that call has been these terrorists. I do not take a back Mr. President, and colleagues, the recognized in the conference. seat to anyone with respect to tracking amendment I am going to discuss to- One publication in my home State, down terrorists. night would prohibit spending for tech- the Newport News-Times, put it very I believe one of the most important nology research and development in well. I will quote it. That publication things I have been able to do as a Mem- the Total Information Awareness Pro- said: ber of this body is to write the Ter- gram, or TIA, unless the Department of Just visiting the web site of what is affec- rorist Identification Classification Sys- Defense reports to the Congress on its tionately billed as [the Total Information tem, a bipartisan effort, that became plans for the technology. Awareness Program] is a trip into a future law in the last session, that allows us, The provision also establishes proper we hope not to meet. If our government still on an ongoing basis, to watchdog ter- congressional oversight of this surveil- believes in the sanctity of the constitution rorists, the Mohammed Attas of the lance program by requiring explicit this week, let’s hope for the President’s sig- world. But there is a clear line between congressional approval for deployment nature. something that allows for tracking in- of any Total Information Awareness All across the Nation, Americans dividuals where there is a known track technology that would be used to spy have said that while a vigorous re- record of terrorist activity—suspicious on U.S. citizens on U.S. soil. sponse to terror is necessary, a system activity linked to terrorism—and, in The Defense Department itself has designed to spy on Americans in Amer- effect, standing by while the Govern- had a virtual database—and I will ica is not. It is not only unnecessary, it ment shines an indiscriminate spot- quote—that was described as ‘‘a new is contrary to the freedoms that the light into the private lives and dealings kind of extremely large, omnimedia, war on terror aims to protect. of law-abiding Americans in this coun- virtually centralized and semantically The total information awareness con- try on their own soil. rich information repository.’’ In my cept requires keeping track of individ- It is a question of striking a balance. mind, such a novel and broadly pro- uals and understanding how they fit The Terrorist Identification Classifica- posed program—a program that has into models. For instance, does a seem- tion System is an appropriate approach

VerDate Jan 31 2003 17:34 Feb 14, 2003 Jkt 019060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.148 S13PT2 February 13, 2003 CONGRESSIONAL RECORD — SENATE S2433 for the Government to take in seeking place when this program goes forward. ed $500,000 for USTTI, as had been the to weed out terrorism. Therefore, my view is this Congress has case in prior years. However, Senator The Total Information Awareness no choice but to pursue answers and INOUYE is sure that he had informed Program is over the line. It is invading explanations before allowing the pro- the Subcommittee that he wanted the civil liberties of law-abiding Amer- gram to proceed. That is what our $1,000,000 for this organization. Does icans on U.S. soil. That is why the con- amendment to the omnibus spending the senior Senator from Hawaii agree ferees have wisely chosen to impose bill does, and that is what the con- with my recollection? checks on it. The intention of the ferees have wisely chosen to do. Mr. INOUYE. I do. I would add that I Total Information Awareness Program My view is that these are reasonable have strongly supported USTTI for a and those who support it is undoubt- provisions. The amendment calls on number of years, and have worked suc- edly to protect the America that we the Department of Defense to explain cessfully with this subcommittee to love. But the reality is that the pro- in a report to be delivered to the Con- get funding for it. I would ask the Sen- gram as proposed encroaches on the gress within 90 days what technology ator from Vermont if the amount that freedoms that make us love America in they intend to develop and what they is provided for USTTI in H.J. Res. 2 is the first place. intend to do with it. Then the amend- a ceiling, or is it his understanding Millions of Americans understand ment further states that when any that USAID may provide additional that. They have made it clear that technology is developed for this pro- funding for this organization if it is they don’t want this program to move gram, it may not be developed without justified? forward unchecked and unaccountable, the express approval of the Congress. If Mr. LEAHY. USAID could provide ad- and that is why there has been such an the Total Information Awareness Pro- ditional funding to USTTI, if it is justi- outcry about it. gram is something that is less invasive fied. Moreover, members of the House A few weeks ago I stood with a coali- or smaller in scope or different than I and Senate subcommittee give great tion in a room not far from this sacred have described, then the administra- weight to the views of the senior Sen- Chamber that does not flock together tion will have an opportunity to tell ator from Hawaii, and I have little all that often: Americans for Tax Re- us. doubt that additional accommodation form, the Eagle Forum two groups that This amendment does not prevent could have been made at the con- are certainly conservative by any- those who support the program as ini- ference if this misunderstanding had body’s calculus stood with the Amer- tially outlined to have the chance to not occurred. ican Civil Liberties Union and a vari- come back and show why additional Mr. INOUYE. I am informed that ety of groups that would be considered threats warrant additional action. USTTI is in need of additional funds to liberal, as they supported efforts to put What this amendment does is ensure accommodate a range of important vigorous oversight in place over this that if this program moves forward, it training programs that it implements. program. Suffice it to say, in my time does so in a fashion that is sensitive to Would Chairman MCCONNELL and Sen- in the Congress, I have never seen a American freedoms, sensitive to con- ator LEAHY support the provision of ad- program that has generated more ideo- stitutional protections and safeguards, ditional funds to USTTI? logical concern across the political while still ensuring that our country Mr. LEAHY. I would support addi- spectrum. We have seen Democrats, can fight terrorism. tional funding, and would encourage Republicans, liberals, and conserv- Finally, it all comes down to how we USTTI to discuss their specific needs atives all saying this is a program that come forward and address a special with USAID. I have a short note from warrants vigorous oversight and scru- task. What we must do now is to be Chairman MCCONNELL, also indicating tiny by elected officials. vigilant, to make sure we are doing his support for this project, and I ask Just because the administration has what is necessary to fight terrorism, unanimous consent that it be printed promised in recent days to institute but not approve actions or condone ac- in the RECORD. oversight panels and to not use their tions that could compromise the bed- There being no objection, the mate- awesome power for nefarious purposes, rock of this Nation—our Constitution. rial was ordered to be printed in the does not mean that future leaders I thank my colleagues, particularly RECORD, as follows: would not abuse this program. So what Senators STEVENS, INOUYE, FEINSTEIN, U.S. SENATE, we have said is that we are not going to GRASSLEY, REID, and others, who said Washington, DC, February 13, 2003. let this program move forward without repeatedly that Congress should not Hon. PATRICK LEAHY, first ensuring permanent safeguards shirk its obligation. The conferees who U.S. Senator, and protections that without them were appointed to reconcile this spend- Washington, DC. would threaten Americans not just ing bill had a unique opportunity to de- DEAR PAT: Please know that I support ad- today but many years in the future. fend the Constitution and the United ditional funding to the United States Tele- Some who advocate this program will States. That is what we are elected to communications Training Institute say that the concerns of Members of do. That is what we get election certifi- (USTTI)—at the Senate reported level of $1,000,000. Congress and others are overblown. cates for. They answered that call. For I would appreciate your conveying my sup- Some say the program will not do what that, I offer the thanks of Oregonians port for this funding level to our friend and I described and it doesn’t threaten the and all Americans for whom civil lib- colleague from Hawaii. privacy of American citizens in the erties remain so special and precious Thank you for your kind consideration. way that first appears. I hope that is tonight. Sincerely, the case. If that is the case, if in fact I yield the floor. MITCH MCCONNELL, the Total Information Awareness Pro- TELECOMMUNICATIONS TRAINING INSTITUTE United States Senator. gram does not threaten the civil lib- Mr. LEAHY. Madam President, I TECHNICAL CLARIFICATION erties and privacy rights of the Amer- want to speak about the United States Ms. MIKULSKI: Madam President, I ican people, then the folks over at the Telecommunications Training Insti- would like to bring to his attention an Defense Department need to come to tute (USTTI). inaccuracy in the manager’s state- the Congress and make that clear. The statement of the managers ac- ment, and ask for a technical clarifica- They need to do what they have not companying the fiscal year 2003 Omni- tion. As the Senator is aware, the man- done to date, and that is to explain bus Appropriations Act, H.J. Res. 2, ager’s statement includes language on more about what this program will do recommends $500,000 for USTTI com- a project within the Department of and how it will do it. pared to $1,000,000 that was included in Commerce/National Oceanic and At- The fact is, this body is in the dark the Senate bill. However, this funding mospheric Administration/National about the Total Information Awareness level is the result of a misunder- Marine Fisheries Service/Habitat Con- Program, the most expansive and far- standing between my office, Senator servation Research and Management reaching surveillance program ever MCCONNELL’s office, and Senator Services account: ‘‘Chesapeake Bay proposed. Congress has not been in- INOUYE’s office. The Foreign Oper- Oyster Research’’ for $2 million. formed as to what safeguards and con- ations Subcommittee was under the Will the chair recognize that $2 mil- stitutional protections would be in impression that Senator INOUYE want- lion included in the Department of

VerDate Jan 31 2003 17:34 Feb 14, 2003 Jkt 019060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.150 S13PT2 S2434 CONGRESSIONAL RECORD — SENATE February 13, 2003 Commerce/National Oceanic and At- the 2002 farm bill for the duration of the Senate farm bill—to cover losses mospheric Administration (NOAA)/Na- that bill. experienced by farmers and ranchers in tional Marine Fisheries Service/Habi- Mr. COCHRAN. I understand the Sen- 2001. At that time, 68 Senators joined tat Conservation Research and Man- ator from Iowa’s concerns. I intend me and voted in bipartisan cooperation agement Services account for ‘‘Chesa- that the provisions of the conference to support the victims of drought. peake Bay Oyster Research’’ is actu- report relative to this program would However, one year ago was also the ally for ‘‘oyster restoration’’ activities not have any effect on the operation of first time the administration voiced in in the Chesapeake Bay? the program during the life of this the strongest possible terms their op- Mr. GREGG. The Senator from Mary- farm bill. I would be pleased to work position to emergency aid for farmers land is correct. The committee in- with him to insure that the program and ranchers. The White House de- cluded these funds in the National Ma- funding is restored. clared that assistance to farmers and rine Fisheries Service account to, in Mr. STEVENS. I also concur with the ranchers had to be cannibalized from part, further oyster restoration and re- statements of the chair and ranking the farm bill—a position never before plenishment efforts in the Chesapeake member of the Agriculture Committee taken by any administration with re- Bay. It is the committee’s expectation about the intent of provisions included spect to a natural disaster. As Mother that NOAA will use the sums indicated in this conference report related to the Nature turned the hands of time in for oyster restoration efforts in the CSP. It was not our intention, in any 2002, the drought conditions became Chesapeake Bay. way, to modify the operation of this even more persistent. By autumn, more INTENT OF SECTION 211 program prior to the beginning of fiscal than half the counties in the U.S. were Mr. INOUYE. Madam President, I year 2008. I join Senator COCHRAN in affected by drought conditions and want to take a moment to clarify an my determination to resolve this mat- ‘‘ground zero’’ unfortunately was the issue that may lead to some confusion ter in an appropriate conference report Northern Plains of South Dakota and with respect to the intent of section 211 this year. He has my commitment to our neighboring states. In fact, the of the Commerce, Justice, State title work with my colleagues to assure that drought dealt so much damage to the of this bill. The Statement of Managers the Senate acts at the earliest possible South Dakota economy that South Da- incorrectly states that two foreign date this year on a conference report kota State University estimated the cruise ships will be allowed to reflag that is expected to become law that total economic loss to reach nearly $2 under U.S. registry for operations in will assure that the CSP operates as es- billion. Senator DASCHLE and I led an the U.S. coastwise trade. This was a tablished and intended in the 2002 farm effort in the Senate to enact emer- drafting error and should have stated, bill for the duration of that bill. gency legislation providing at least $6 to reflect the bill language, that three Mr. DASCHLE. The Conservation Se- billion for farmers and livestock pro- ships will be allowed to reflag to U.S. curity Program was an important part ducers who experienced crop and forage registry. I simply want to confirm with of the 2002 farm bill. It holds tremen- losses in 2001 and 2002. Our drought re- my friend from Alaska that the bill dous potential to help our farmers and lief plan was consistent with the ap- language is controlling. ranchers clean up the environment. I, proach Congress would always take Mr. STEVENS. My friend from Ha- too, concur that the Senator from with respect to the aftermath of a nat- waii is correct. The bill language is the Iowa’s statements about the intent of ural disaster—our relief was emergency law and controls the operation of the this conference report. I truly appre- in nature because droughts, floods, provision. I regret that the Statement ciate the bipartisan commitments of fires, and hurricanes are historically of Managers was incorrectly drafted. It my colleagues to ensure that the CSP addressed by emergency assistance. De- should have reflected that three cruise is implemented and operated as we in- spite the clear need for emergency aid, ships will be allowed to reflag under tended. the White House hard-line prevailed Mr. FRIST. I look forward to work- U.S. registry. last year and multiple efforts to enact Mr. INOUYE. I thank my friend for ing with my colleagues in this regard. drought relief were defeated by White that clarification and for all of his hard FUNDING FOR THE OGLALA SIOUX TRIBE House foot soldiers in Congress. work on this bill. Mr. DASCHLE. Madam President, it Mr. HARKIN. One of the key provi- is my understanding that the omnibus I firmly believe that in order to help sions of the bipartisan Farm Security appropriations bill includes $300,000 for agricultural producers coping with the and Rural Investment Act of 2002 the Oglala Sioux Tribe to automate the drought, the relief must be comprehen- signed into law by President Bush last functions of the tribe’s court system. I sive. But the plan advanced in the om- year was a significant new conserva- would like to enter into a colloquy nibus today shortchanges producers in tion initiative called the Conservation with my colleague from South Carolina a number of ways. First, the relief plan Security Program (CSP) which will, if regarding this funding, which is in- written by Vice President CHENEY and properly implemented, significantly cluded in the Omnibus Appropriations House and Senate Republicans provides improve conservation practices and re- bill. inadequate aid for losses occurring in sult in cleaner air and water. It is my understanding that the fund- either 2001 or 2002, but not both. Sec- I want to clarify the intent of provi- ing in question is intended to be used ond, the $3.1 billion offered in the om- sions related to this program included by Cangleska, Inc., a non-profit organi- nibus does not adequately cover the se- in this conference report and actions zation located on the Pine Ridge Indian vere crop and forage losses producers that will be taken to preserve current Reservation in South Dakota that is suffered as a result of the drought. law provisions. First, it is my under- dedicated to the prevention of domes- Third, cutting the new Conservation standing that it was the intention of tic violence and sexual assault, to help Security Program (CSP) in the farm the conferees that the CSP be imple- enhance the capacity of the Oglala bill to pay for the disaster aid is a ter- mented and operated according to the Sioux Tribe to arrest, prosecute, and rible precedent to set. When a hurri- terms of the 2002 farm bill. Second, it is rehabilitate offenders. cane damages the Gulf Coast or an my understanding that the provisions Mr. HOLLINGS. Yes, that is correct. earthquake occurs in California, the in this conference report were only in- Mr. DASCHLE. I thank the Senior Federal Emergency Management Agen- tended to apply to years following expi- Senator from South Carolina for his cy (FEMA) budget is not raided, rather ration of this measure and were not in- clarification regarding this matter. emergency aid is provided to natural tended in any way to modify operation Mr. JOHNSON. Madam President, I disaster victims. A drought is no dif- of the program prior to the beginning rise today to express my deep dis- ferent, and it’s a crippling mistake to of fiscal year 2008. Third, it is my un- appointment with the so-called cut the farm bill in order to pay for a derstanding that as soon as possible drought aid provisions included by the drought emergency. Fourth, the spe- this year a conference report that is White House and Republican leadership cial-interest provisions slipped into the expected to become law will be brought in the fiscal year 2003 omnibus appro- omnibus drought plan by Republican before the Senate that contains provi- priations bill. authors leaves much to be desired. sions that assure that the CSP will op- Coincidentally, 1 year ago the Senate While the proposal that Senator erate as established and intended in first adopted drought aid—as part of DASCHLE and I advanced would cover

VerDate Jan 31 2003 02:05 Feb 15, 2003 Jkt 019060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\A13FE6.067 S13PT2 February 13, 2003 CONGRESSIONAL RECORD — SENATE S2435 all crop losses, the omnibus makes spe- the chairman of the Appropriations cision to provide unlimited expansion cial grants to cotton and tobacco farm- Committee when the fiscal year 2003 of the program. I want to make clear ers. Moreover, the omnibus contains a appropriations process began. He that I support the pilot program and special section to address hurricane steered all 13 appropriations bills believe stewardship contracting could losses and $10 million to the State of through the committee with bipartisan be a valuable tool in addressing forest Texas. This simply is not fair. support from every member of the health issues, but in order for this to How did White House and Republican committee. Senator BYRD was instru- be a valuable tool, it must be one that negotiators find the farm bill funds to mental in putting this conference re- has the trust of Congress and citizens. pay for this woefully inadequate dis- port together. I know the Senator has There is simply not enough data to aster aid? I am told they asked the many concerns about this bill. I share have created that trust yet. Congressional Budget Office (CBO) to many of his concerns and particularly There are many great accomplish- revise the estimated cost of the CSP. those regarding the many cuts to ments in this bill. I am particularly CBO’s re-estimate reportedly grew the homeland security in this bill. The proud of the work we did in the trans- cost of the new conservation program Senator has been a leading voice for portation title. The Senate worked to around $6.8 billion over ten years. homeland security funding and I look very hard to keep my amendment to This level is substantially above CBO’s forward to working closely with him in fund the Community Action Program initial estimate of the cost of the the days ahead as this body works on or CAP at $120 million for the fiscal CSP—$2 billion over 10 years. I am very this important issue. year. I appreciate the Senate’s hard disappointed that Republicans em- I also want to acknowledge and work to stand for this small program ployed a budget gimmick to inflate the thank the chairman of the Appropria- that is making a difference all across cost of the CSP in order to launder tions Committee. We are here tonight the country. This bill provides in- funds through the program and pay for because of the determined leadership of creased funding for a number of edu- disaster aid. This entire process is a Senator TED STEVENS. I know many of cation programs. Importantly, edu- dis-service to farmers, ranchers, and my colleagues did not want to see the cation programs like Head Start are conservationists and is sure to create Congress agree to fund the government exempted from any across the board hard feelings among these groups. Ac- with a continuing resolution for the cuts associated with this bill. cording to the Congressional Research rest of the fiscal year. This would have As we conclude the fiscal year 2003 Service (CRS), not in three decades has represented a huge failure on the part appropriations process, I hope we can a program in the farm bill been cut in of the Congress, setting a dangerous move forward on the coming fiscal year order to pay for a natural disaster. precedent for the legislative branch’s with a renewed commitment to finish This historically outrageous move to working relationship with the Execu- all 13 appropriations bills on time. We eliminate money from a conservation tive Branch. Chairman STEVENS is a will need the help of our House col- program in the farm bill to address a tough but fair chairman. I appreciate leagues and of course, the administra- drought emergency may prove a prece- the work he has put in to manage and tion is an important contributor to the dent that hurts farmers, ranchers, and successfully complete this very un- appropriations process too. We must the environment for years to come. It usual process. avoid a repeat performance of fiscal is terribly short-sighted and I cannot I appreciate the inclusion of funding year 2003. support such a step. for many projects and programs that Mr. NELSON of Florida. Madam Less than 6 months ago, 77 Senators directly benefit the environment and President, I rise today to thank the joined Senator DASCHLE and I in sup- natural resources in my beautiful home conferees for helping the City of Boca port of $6 billion in drought aid for State. The bill includes funding for Raton, FL, and the County of Palm farmers and ranchers suffering losses salmon recovery work from the Elwha Beach, FL, begin to deal with the bio- in 2001 and 2002. Today, it appears pro- River in northwest Washington to the terrorist attack on the American ducers will get less than half of what Snake River in southeast Washington Media Building in October of 2001, and they need and pay the price in the long and nearly every community between. the death of Robert Stevens, who run with a cut to the farm bill. I am Funding is also provided to fight the worked in the building, due to anthrax. disappointed that nearly thirty of my Spartina infestation in Willapa Bay That building remains closed off with colleagues in the Senate dropped their and to acquire important ecological 24-hour security, still infested with an- support for comprehensive and emer- lands around the State. However, while thrax, within a short distance of gency drought aid totaling $6 billion in I am very grateful for my colleagues homes, schools, and other office build- order to satisfy the White House for willingness to support my work to se- ings. But, now the U.S. Congress has half that much. cure this funding, I must express my authorized the General Service Admin- My record on drought relief for farm- dismay over anti-environmental provi- istration to receive title to the build- ers and ranchers is clear. On three oc- sions included in the bill and its failure ing within 12 months of enactment of casions in the last Congress, the Sen- to adequately fund the conservation the omnibus bill. ate passed relief that would have com- trust fund created 3 years ago. The residents of Boca Raton and the pensated all drought victims for their The conference considered many dif- surrounding communities will be re- loss. Unfortunately, each time objec- ferent provisions related to the lieved to know that, with this language tions from the White House and the Tongass National Forest which sought in the omnibus bill help is on the way. House Republican leadership stopped to strip away environmental consider- I am confident that the General Serv- this aid from making it to producers. ations in the management of the for- ice Administration, the Florida Con- South Dakota’s farmers and ranchers est. I appreciate the conference remov- gressional Delegation and the owners deserve better and for this reason I will ing these provisions, but wish the one of the American Media Building will be not support the so-called drought aid remaining provision could have also able to carry out the language in the in the omnibus. been deleted. omnibus bill and transfer the building Mrs. MURRAY. Madam President, Also of concern to me is a provision to GSA or another appropriate agency the Senate is now considering and will retained in the omnibus that signifi- to rid south Florida of this public soon adopt the omnibus conference re- cantly expands the Forest Service’s health hazard. port on H.J. Res. 2. I will vote for the stewardship contracting program. This The omnibus language provides for a conference report. I know from my had been a pilot project intended to see report by GSA to Congress within 270 work on the Appropriations Committee if the stewardship contracts were a days of enactment of the bill describ- that this bill represents a genuine ef- constructive tool in addressing forest ing the expected agreement between fort by many in both bodies to finally health issues. The problem with the GSA and the owners of the American finish the fiscal year 2003 appropria- provision in the bill is that it creates a Media Building regarding the transfer tions bill. permanent program before we have re- of the property to the Federal Govern- I want to begin my remarks by ceived any data from the pilot projects ment. thanking our leader on this side, Sen- already authorized. There is simply no The language further requests that a ator ROBERT BYRD. Senator BYRD was data yet in upon which to make the de- public health risk be shown. The local

VerDate Jan 31 2003 02:05 Feb 15, 2003 Jkt 019060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\A13FE6.068 S13PT2 S2436 CONGRESSIONAL RECORD — SENATE February 13, 2003 public health officials and the Gov- the animals be fed organically grown as did I. The groundswell of support for ernor of Florida both have acknowl- feed. This approach was considered and strong standards clearly showed that edged that the AMI Building poses a outright rejected by USDA last June. the public wants ‘‘organic’’ to really public health threat. And since it is the The entire organic industry opposed mean something. Those efforts to hi- first attack of its kind in the United this weakening of the organic stand- jack the term were defeated and this States, the amount of danger posed is ards. If beef, poultry, pork and dairy one should be too. still unknown. producers are able to label their prod- Consumers and producers rely on the Another provision talks about the li- ucts as ‘‘organic’’ without using or- standard. I hope members will cospon- ability of the owner of the property. It ganic feed, which is one of the primary sor my bill and send a message to spe- is logical that the owner of the build- inputs, then what exactly is organic cial interests that they cannot hijack ing would remain liable until title is about the product? the organic industry through a rider on transferred to the Federal Government. This provision is particularly galling the spending bill. This provision is an All of these provisions can be easily because so many producers have al- insult to organic producers and to con- worked out to reach an agreement on ready made the commitment to or- sumers around the country. the transfer of this building to the Fed- ganic production. For most, this is a Mr. HOLLINGS. Madam President, I eral Government. huge financial commitment on their would like to express my concerns And, as this process moves forward, I part. I have already heard from some about a provision that has been buried know that each party will carry out large producers General Mills, Tyson in the fiscal year 2003 spending pack- their responsibilities under this lan- Foods—around the country who are en- age. The language would make con- guage with the utmost integrity and raged by this special loophole included tract air traffic control (ATC) tower with the concerns of the residents of for one company that does not want to construction costs eligible for Airport Palm Beach County in mind. I look for- play by the rules. Improvement Program (AIP) funding. ward to monitoring the parties’ I am also very disappointed that just On the face of it, this provision looks progress toward an agreement. because one company could not create acceptable. The concept of making con- In fact, I encourage the parties to this loophole to the organic rule in tract ATC towers eligible for Federal meet on a regular basis with members public during the USDA process, the assistance under AIP has wide support of the Florida delegation so that this Republican leadership decided to bury in Congress. Many small and rural air- issue is resolved in the most efficient it within the 2-foot tall spending bill. ports lack an ATC tower and do not manner. It was done behind closed doors after share the safety benefits of having an As we all live with the increased the conference committee met in pub- air traffic controller to assist aircraft threat of a chemical or biological at- lic. on takeoff and landing. Pilots at these tack, we need to keep in mind that a I will be introducing legislation airports are on their own, responsible biological attack is not a mere threat today to strike this rider from the Om- for seeing and avoiding traffic. A num- to south Florida and it is not some- nibus Appropriations Act and I hope to ber of smaller airports would like to thing that occurred in the past and was move it through Congress quickly be- use AIP funding to build a tower but are barred under current law. If these taken care of—the anthrax attack re- fore it does gut the organic meat and airports can make critical safety up- mains. dairy industry. We need to send a mes- Let us employ the powers of the Fed- sage to all producers that if you want grades with this funding, they should have that option. eral Government as the Founding fa- to benefit from the organic standards The problem with the provision in- thers intended. economically, you must actually meet cluded in the fiscal year 2003 omnibus In Federalist Paper No. 23, Alexander them. When I included the ‘‘The Or- bill is that while it would properly Hamilton outlined the four principal ganic Foods Production Act’’ in the allow small airports to use AIP money reasons why the Federal Government 1990 farm bill, it was because farmers to build new or replacement FAA con- was formed. recognized the growing consumer de- tract towers, it would also allow air- And the very first reason was for the mand for organically produced prod- ports that built contract ATC towers common defense—national security. An ucts, but needed a tool to help con- after October 1, 1996, to be eligible for attack from an unknown source was sumers know which products were reimbursement of their construction perpetrated on this community and the truly organic and which were not. The costs. The Federal Government already Federal Government has the power and act directed USDA to set minimum na- pays to operate these towers, and as a the expertise to protect and safeguard tional standards for products labeled condition of this assistance, these air- these citizens. ‘‘organic’’ so that consumers could ports agreed that the government I look forward to the day when I can make informed buying decisions. The would not pay the cost of constructing walk on the Senate floor and declare national standard also reassured farm- them. that this community is finally free of ers selling organically produced prod- This reimbursement would affect at anthrax. ucts that they would not have to follow least 21 contract towers that were pre- Mr. LEAHY. Madam President, I separate rules in each state, and that viously built and provide up to $25 mil- want to alert you and my fellow Sen- their products could be labeled ‘‘or- lion in total for these airports from ators to a particularly egregious rider ganic’’ overseas. current AIP funding. In this era of hav- that was included in the omnibus ap- The new standards have been enthu- ing our Federal resources limited by propriations conference report. After siastically welcomed by consumers, be- reduced revenues and the expense of the conference committee met and be- cause through organic labeling they ensuring the security of our homeland, hind closed doors, this special interest now can know what they are choosing it is irresponsible for this Congress to rider will gut the organic standards and paying for when they shop. This provide funds from the AIP program to just recently enacted by U.S. Depart- proposal to weaken the organic stand- reimburse these airports for costs that ment of Agriculture. ards would undermine public con- have already been accounted for. I understand this special interest fidence in organic labeling, which is The AIP program is vital to the safe- provision was inserted into the bill on less than a year old. ty, security and capacity needs of our behalf of a single producer who essen- Getting the organic standards that Nation’s airways. I am hopeful that we tially wants to hijack the ‘‘organic’’ are behind the ‘‘USDA Organic’’ label will carefully consider the potential certification label for his own purposes. right was a long and difficult process, ramifications of this issue as we pro- He wants to get a market premium for but critically important to the future ceed later this year with the reauthor- his products, without actually being an of the industry. Along the way, some ization of the Federal Aviation Admin- organic product. tried to allow products treated with istration. This provision will allow producers sewer sludge, irradiation, and anti- Mr. REID. Madam President, I want to label their meat and dairy products biotics to be labeled ‘‘organic.’’ The to recognize the hard work of my Sen- ‘‘organic’’ even though they do not public outcry against this was over- ate colleagues, especially Senator STE- meet the strict criteria set forth by whelming. More than 325,000 people VENS, for putting together a conference USDA, including the requirement that weighed in during the comment period, report for our consideration tonight.

VerDate Jan 31 2003 02:05 Feb 15, 2003 Jkt 019060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\A13FE6.070 S13PT2 February 13, 2003 CONGRESSIONAL RECORD — SENATE S2437 Last year the Senate Appropriations most important facilities and some of time to shortchange our security at Committee under the leadership of my the most talented personnel for train- home. Yet, that is precisely what this distinguished colleague from West Vir- ing emergency responders. bill does. ginia, Senator BYRD, reported all 13 ap- Just today, one of the managers of Simply creating a new bureaucracy propriations bills. Those bills formed this program spoke to me about how for homeland security is not enough. the basis of the omnibus bill we are many trainers they would be able to We must increase protection at our considering tonight. Unfortunately, train this year with the $35,000,000 ap- borders, provide the Coast Guard with this bill makes unwise reductions in proved by the Senate. He told me that additional resources, and provide more many of the most important areas of he could train 8,000 emergency respond- security at our ports. We must also as- our Federal Government, including ers this year. This facility at the Ne- sist local authorities to prepare for the education and homeland security. This vada Test Site is one of five counter- worst. Our homes will not stay safe bill also includes a provision that terrorism training facilities that with duct tape alone. Our communities would make reckless changes to our formed a consortium several years ago. need help to fund law enforcement per- Nation’s forest management policy. Together these five facilities could sonnel, firefighters, rescue workers, This rider—which would provide the train nearly 35,000 first responders with and medical personnel. long-term authorization to contract the amount of money the Senate pro- Today, I asked mayors in Massachu- the management and unfettered har- vided. Every $4,000 less we spend is one setts whether the Federal Government vesting of national forests to timber less first responder we train. These are is doing its share to help local commu- companies—was so controversial when the police and firefighters in commu- nities with homeland security. Not it was proposed in the farm bill that nities throughout the country. These one—not one—has received sufficient Democrats removed the entire forestry are the emergency responders who are help from the Bush administration to title rather than take it. already overworked by the increased meet local homeland security needs. Rather than write individual timber threat level we are experiencing. These Mayor Fred Kalisz of New Bedford tells contracts, the Forest Service has en- are the first responders who still are me that since the Bush administration gaged in pilots of this stewardship idea not sure how to change their patrols declared a Code Orange emergency last for the last few years. It is a process by and activities in response to the ele- week, he has posted a 24-hour police which the normal limits on contracting vated orange threat level. They need to presence at his small local airport. And are avoided and timber companies are know. They need to be trained. he ordered round-the-clock security for given broad leeway to harvest; Instead of the $35 million approved a tanker that is docked in New Bed- Some 84 stewardship contract pilots by the Senate, the final conference re- ford’s harbor. The budget crisis in have so far been approved; none are port agreed to provide $20 million for Springfield, MA, forced Mayor Michael complete; none have been evaluated to the training. While this is a large Albano to cut 76 police officers and 57 see if they meet the claim that the amount of funding, it will only meet a firefighters from the city payroll. Po- timber industry ‘‘stewards’’ are man- small portion of the need for training. lice, fire, and rescue officers in Spring- aging the pilots well; I hope as the year continues that the field are stretched to the limit to cover Despite the fact that pilots haven’t administration will request additional continuing duties with fewer officers. been evaluated, this rider contains a funds to ensure that at least one mem- Springfield simply cannot afford the broad authorization for stewardship ber of every police, fire and emergency additional duties of homeland security contracting; response unit in the country receives without federal help. The same is true It allows the Forest Service to pay homeland security training. in Worcester, where Mayor Timothy contractors with trees rather than ap- I also want to comment on the fund- Murray is facing cuts to his police and propriated money, hence increasing in- ing this bill provides for education. firefighting force by more than ten per- centive for harvest of large trees and Every person who wants to get an edu- cent. And his officers not only fight making the Forest Service more di- cation in Nevada, and throughout the crime in Worcester, but they have pro- rectly dependent on timber sales. country, deserves to have the oppor- tection duties with a strategic res- Currently the Forest Service super- tunity to get one. Whether we are talk- ervoir near Worcester as well as major vises sales, marking trees for cut; ing about the 230,000 students in the rail hub. And the city of Boston has al- under this proposal, oversight is gone. Clark County Public Schools or the ready spent $2.6 million in scarce city It would be up to the timber company 11,000 students who attend Truckee funds for homeland security. to decide what to cut. The rider en- Meadows Community College, every These local officials care about their ables the Forest Service to allow tim- person who wants an education in Ne- communities. They are doing all they ber companies to take over large vada, and throughout the country, de- can amid an avalanche of budget cuts swaths of public forests by affording serves one. just to meet the ongoing needs of their giving them long term management During the last Congress, we worked citizens. It is unfair of the Bush admin- authority as part of these contracts. together in a bipartisan fashion to pass istration and the federal government This is an important issue that de- a sweeping education reform bill. This to leave them high and dry in the face serves the full debate and consider- bill showed the best of what the Con- of terrorist threats at home. Despite ation of the Senate. I am disappointed gress can do when Republicans and promises of funding from Washington that it was included in this must-pass Democrats work together. This omni- to help with these urgent needs, he has spending measure. bus bill does not live up to the promise received nothing—and this bill provides I also want to discuss in detail some of that crucial bill. Instead of ensuring no new money beyond what adminis- of the funding priorities in this bill. that we leave no child behind, this bill tration promised long ago, and has yet This funding bill provides $4.5 billion leaves much to fund. to deliver. Washington must do more— less in funding for homeland security In summary, I again want to thank much more—to be a real partner with and emergency responders than the ap- my colleagues for their tireless effort our local cities and communities to propriations bills passed by the Senate to complete this conference report for protect our citizens. last year. Just last year, we passed a our consideration this evening. This I am also deeply concerned that this bill to create a new Department of bill does not do enough to ensure every bill is yet another leap in the Repub- Homeland Security. Republicans and American can live up to his or her po- lican campaign to undermine years of Democrats came together to approve tential. We have an obligation to pro- progress in protecting our environ- the largest reorganization of the Fed- vide our states with a clean, safe envi- ment. This bill contains provisions eral Government in decades. Without ronment, a secure homeland, and the that allow the indiscriminate logging sufficient funding that new agency ability to educate every person. This of irreplaceable forests, and lays the won’t translate into improved safety bill could do more to accomplish these seeds for the destruction of one of our on the ground, in our neighborhoods, goals, and next year, I hope we will do country’s greatest natural treasures, cities and rural areas. This is an issue that. the Arctic National Wildlife Reserve. that is particularly important for my Mr. KENNEDY. Madam President, In addition, while I commend the fact State of Nevada. We have one of the America is on high alert. This is no that this bill represents a step forward

VerDate Jan 31 2003 17:34 Feb 14, 2003 Jkt 019060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\A13FE6.114 S13PT2 S2438 CONGRESSIONAL RECORD — SENATE February 13, 2003 on education, and rejects the adminis- ‘‘Well, we can’t run and hide under the he just laid off. Albano said the state budget tration’s anti-education budget, I be- bed,’’ said Boston resident Philip West, as he cuts hurt more than the failure of the federal lieve that parents and teachers and checked his luggage with American Airlines government to fund local security. students across the country will agree at Terminal B at Logan Airport yesterday. Downsizing police and fire departments ‘‘is West, a helicopter pilot, was headed to Dal- inconsistent with national policy, and it that more should have been done. Edu- las for a pilot’s convention. should be inconsistent with state policy,’’ he cation is about fulfilling the hopes and ‘‘We have to go out,’’ he said. ‘‘I believe if said. ‘‘The governor has weakened our front dreams of the next generation. And it it’s our time to go, it’s our time to go.’’ lines during a national alert.’’ is about the security and economic fu- At Logan, tighter security was visible, Eric Fehrnstrom, a spokesman for Gov- ture of America. with more State Police and trained dogs on ernor Mitt Romney, said federal, state, and For these reasons I oppose this bill. patrol and more car inspections on entry to local governments ‘‘should spend whatever is I ask that unanimous consent that a airport garages, during curbside stops, and necessary’’ to protect local cities and towns. an additional roadblocks on airport roads. recent Boston Globe article that de- ‘‘There has to be more federal involvement,’’ The increased presence seemed to comfort he said. ‘‘Governor Romney will stand shoul- scribes what our mayors are doing with Dorchester resident Marlene Francis, who, der to shoulder with the state’s mayors in little or no Federal help to meet home- along with her 4- and 10-year old children, making sure they receive adequate federal land security needs in their commu- was preparing for a flight to Jamaica. dollars to respond to the needs of our local nities be printed in the RECORD. ‘‘I believe in the security people here, and communities.’’ There being no objection, the mate- I try not to think about these things because After the boost in the national alert, Rom- rial was ordered to be printed in the I am traveling with my children,’’ Francis ney flew back to Boston two days early from said, as she waited in line at a security an Olympics anniversary celebration in RECORD, as follows: checkpoint. ‘‘What’s meant to be will be.’’ Utah, to make sure he would be here in the [From The Boston Globe, Feb. 9, 2003] At malls and hotels in and around Boston, event of an emergency, Fehrnstrom said. SECURITY COSTS RISE FOR LOCAL OFFICIALS, security directors were reluctant to discuss Mr. DASCHLE. Madam President, I TERRORISM ALERT PUTS A STRAIN ON BUDG- what precautions they were taking. Law en- rise in opposition to the fiscal year 2003 ETS forcement and transportation officials also omnibus appropriations bill. I oppose (By Megan Tench and Jenna Russell) were reticent about the heightened alert. FleetCenter managers urged ticket holders this bill because it is a significant step With the nation on heightened alert for to arrive an hour early for a Bruins game backward from the bills that the Ap- terrorist attacks, Massachusetts officials yesterday to comply with added security propriations Committee reported last said yesterday that the added responsibility procedures, including the use of metal detec- will tax local budgets already facing a fiscal year unanimously. tors at entrances. And the Massachusetts The most troubling departure from crisis. Bay Transportation Authority also increased The Bush administration hiked the terror security to reflect the orange alert, accord- these committee-passed bills is in the alert to the second-highest level on Friday ing to spokesman Joseph Pesaturo. critical area of homeland security. as Attorney General John Ashcroft cited an The Coast Guard also stepped up patrols Compared to the levels unanimously ‘‘increased likelihood’’ that the Qaeda terror around Boston, a spokeswoman said, and the approved last year by the Senate Ap- network would attack Americans, noting Massachusetts Water Resources Authority propriations Committee, this bill that hotels and apartment buildings were increased security and patrols at key spots possible targets. makes deep cuts in the Transportation around the state’s water supplies. Security Administration, the Immigra- However, Congress’s failure in the last ses- Bridges also became a focus of attention. sion to provide additional funding for secu- ‘‘We’ve instructed our maintenance people tion and Naturalization Service, com- rity for cities and towns prompted criticism who patrol the roads on a daily basis to be munity policing, FEMA disaster assist- from several Massachusetts mayors as they extra vigilant and keep an eye out for any ance, the DOT Office of Domestic Pre- attempted to cope with increased security stalled vehicles, particularly near bridges,’’ paredness, firefighter grants, port secu- mandates at a time of state aid reductions. said Jon Carlisle, a spokesman for the Exec- rity, American embassy security, and ‘‘Obviously there are targets that need to utive Office of Transportation and Construc- many other homeland security needs. get additional attention, but the fact of the tion. matter is that this is a major concern,’’ The agricultural disaster assistance Boston’s mayor, Thomas M. Menino, could provisions in bill are also of great con- Worcester’s Mayor, Timothy P. Murray, said not be reached for comment on the terrorism yesterday. response yesterday. However, Menino, who cern to my State of South Dakota and ‘‘We have thousands of police and fire- also serves as president of the US Conference many other States. The provisions pro- fighters out there, yet the president and the of Mayors, expressed concerns about the cost vide limited assistance to producers by Congress failed to supply, equip, and fund of the fight against terrorism during his ad- cutting important conservation assist- these departments,’’ Murray said. dress to the Greater Boston Chamber of ance in the Farm Bill. The provisions Like other municipal leaders around the Commerce two months ago. provide only half the assistance needed state, Salem Mayor Stanley Usovicz Jr. said There, Menino announced that he is assem- cities and towns are on the front line in the to address the scope of natural disaster bling a national coalition of state and local across the country. Finally, the provi- war on terrorism, but have not received the officials to urge Congress to pass the secu- money they need to keep up the fight. rity funding measure as part of Bush’s fed- sion provides assistance to select pro- ‘‘I think everybody is willing and quite eral budget proposal when lawmakers return ducers who did not suffer from natural able to do their jobs, but no one at the fed- next month. disasters. The Senate voted three times eral and the state level understands that Boston has spent $2.6 million in extra secu- last year for a measure that would there is a bill to be paid,’’ he said. ‘‘We are rity since Sept. 11 terror attacks, Menino have compensated all drought victims at war, and . . . I don’t know how anyone said. It’s unclear how much the city would for their loss. Unfortunately, objec- can fight a war without giving money to the reap if the federal package were approved. tions by the White House and the front lines. They cannot continue to ask for ‘‘This is money we were promised for po- more without paying for it.’’ lice and fire and terrorism protection,’’ he House Republican leadership stopped Still, few residents voiced concern yester- said in his address. ‘‘We cannot allow Con- this aid from making it to producers. day over the possibility of attacks, which of- gress to keep fiddling while the states and I am also very concerned about the ficials said could target Jewish communities cities burn their reserves and exhaust their anti-environmental provisions in the or institutions. funds.’’ bill. One provision would dramatically ‘‘We heard about that on the news, but we Other local officials echoed that senti- expand the forest stewardship con- are not afraid. We feel safe,’’ said George ment. tracting program until 2013. This provi- Ullevinov, a Reading resident who was tour- ‘‘It’s a very difficult situation. There are ing the Holocaust Memorial in Boston yes- no additional dollars,’’ said New Bedford’s sion would eliminate the current cap terday with his family. mayor, Frederick M. Kalisz, whose city is on pilot projects and require the Forest Authorities believe that terrorists con- bracing for substantial cuts. Service and the Bureau of Land Man- nected to Al Qaeda could be planning to time ‘‘The alert requires a certain level of pa- agement to open up more than 70 mil- an attack or attacks with the end of the five- trol visibility at our airport and waterfronts, lion acres to potential logging. The day Muslim holy period of the Hajj, the pil- and the federal dollars just haven’t come timber companies, not the Forest Serv- grimage to Mecca, which began yesterday. down to local governments yet,’’ he said. ‘‘In ice, would pick the trees to be har- Officials have been particularly concerned a time of taxed dollars, we have to increase vested. In addition, the bill would about the use of a ‘‘dirty bomb,’’ which the patrols with local patrol officers that we would use conventional explosives to dis- use in our neighborhoods.’’ eliminate judicial review for the perse radioactive material, but they also In Springfield, Mayor Michael Albano said Tongass National Forest land manage- cited the possibility of suicide bombings and 57 firefighters will receive layoff notices by ment plan; remove language protecting assassinations. Monday, in addition to the 76 police officers the Arctic National Wildlife Refuge;

VerDate Jan 31 2003 17:34 Feb 14, 2003 Jkt 019060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\A13FE6.116 S13PT2 February 13, 2003 CONGRESSIONAL RECORD — SENATE S2439 exempt the Trans-Alaska Pipeline Sys- I further announce that, if present try/government partnership. However, tem from environmental review; and and voting, the Senator from Massa- without my amendment in fiscal year cut funding for important conservation chusetts (Mr. KERRY) would vote ‘‘no’’. 2003 NOAA would transfer $75 million programs. The PRESIDING OFFICER. Are there to it’s base budget, leaving only For these reasons, I oppose this con- any other Senators in the Chamber de- $220,000 for the original purposes of this ference report and urge my colleagues siring to vote? program—promoting domestic seafood to oppose it as well. The result was announced—yeas 76, production. This provision ensures that The PRESIDING OFFICER. The Sen- nays 20, as follows: a little less than 15 percent of those re- ator from Alaska. [Rollcall Vote No. 34 Leg.] ceipts transferred to NOAA will be used Mr. STEVENS. I ask unanimous con- YEAS—76 for their intended purpose—promoting sent that following the remarks of the Akaka DeWine Mikulski domestic seafood from Alaska, home to distinguished majority leader, the Sen- Alexander Dole Miller half of the U.S. domestic seafood pro- ate proceed to vote on the adoption of Allard Domenici Murkowski duction. the conference report with no inter- Allen Dorgan Murray This bill includes $10 million from vening action or debate. Baucus Ensign Nelson (FL) the S-K program to market Alaska sea- The PRESIDING OFFICER. Without Bayh Enzi Nelson (NE) Bennett Feinstein Nickles food products and creates the Alaska objection, it is so ordered. Biden Frist Reed Fisheries Marketing Board to admin- Bond Graham (SC) The majority leader. Roberts ister these funds. This program will Breaux Grassley Mr. FRIST. Madam President, before Santorum Brownback Gregg help develop and promote high-value we vote I will take a minute to outline Bunning Hagel Schumer fresh and fresh-frozen Alaskan seafood Sessions the schedule. This will be the last vote Burns Harkin products, allowing Alaska fishermen to prior to the Presidents Day recess. The Byrd Hatch Shelby Smith better compete in the global and do- Senate will be in session tomorrow. Campbell Hollings Cantwell Hutchison Snowe mestic markets. However, no rollcall votes will occur Carper Inhofe Specter The Secretary of Commerce will ap- during Friday’s session. Chafee Inouye Stabenow point the members of the board and the Chambliss Johnson Stevens At the conclusion of Friday’s busi- executive director. In appointing mem- ness, we will adjourn until Monday, Clinton Kohl Sununu Cochran Kyl Talent bers to the board, the Secretary shall February 24, under the order. At noon Coleman Landrieu Thomas fully consult with and seek rec- on Monday, February 24, Senator Collins Lincoln Voinovich ommendations from the Governor of CHAMBLISS will deliver George Wash- Cornyn Lott Warner Craig Lugar Wyden Alaska. The membership should reflect ington’s Farewell Address. Following Crapo McCain the various aspects of seafood produc- the address, the Senate will resume NAYS—20 tion, distribution, State oversight and consideration of the Estrada nomina- the retail of Alaska seafood products. tion. In addition, on February 24, we Bingaman Durbin Levin Boxer Edwards Lieberman This would include three individuals will consider S. 151, the Protect Act. Conrad Feingold Pryor with experience in harvesting Alaska Members should expect to vote on pas- Corzine Fitzgerald Reid seafood, two individuals with experi- Daschle Jeffords sage of that bill at approximately 5:30. Rockefeller ence in fish processing, one individual I will notify all Members when the Dayton Kennedy Sarbanes Dodd Lautenberg from the Alaska transportation indus- exact time is locked in. NOT VOTING—4 try, one individual from the Alaska I thank all Members for their co- State legislature -preferably with expe- operation during this busy period. Graham (FL) Leahy Kerry McConnell rience on the State of Alaska’s Salmon Again, this will be the last vote before Task Force, one individual with experi- The conference report was agreed to. the recess. The vote will be conducted ence in mass market food distribution, Mr. FRIST. I move to reconsider the in a few minutes, and the Senate will one individual with experience in mass vote, and I move to lay that motion on be in session tomorrow. market food retailing, one individual Mr. STEVENS. I ask for the yeas and the table. with experience in niche marketing of nays. The motion to lay on the table was Alaska seafood products, and one indi- The PRESIDING OFFICER. Is there a agreed to. vidual recommended by the Alaska sufficient second? f There is a sufficient second. Seafood Marketing Institute. Mr. REID. Madam President, will the MORNING BUSINESS The board will solicit grant proposals for marketing Alaska seafood from the majority leader yield for a question? Mr. FRIST. Madam President, I ask Mr. FRIST. Yes. public, review them, and fund those unanimous consent that the Senate that will do the most to help reinvigo- Mr. REID. Can Members be assured proceed to a period for morning busi- that there will be no vote prior to 5:30 rate struggling sectors of the Alaska ness. seafood industry. These proposals can on the Monday we come back? The PRESIDING OFFICER. Without Mr. FRIST. That assurance will be promote region-specific or species-spe- objection, it is so ordered. given. cific marketing programs that do not The PRESIDING OFFICER. Is all f undermine existing statewide ‘‘Alaska time yielded back for debate on the SALTONSTALL-KENNEDY GRANT Seafood’’ marketing efforts. conference report? PROGRAM AND CREATION OF The board may choose to promote Mr. REID. Madam President, I ask THE ALASKA FISHERIES MAR- the development of new processing that the time of the ranking member KETING BOARD technologies to insure the commercial be yielded back. viability of Alaska seafood and im- Mr. STEVENS. I yield back all time. Mr. STEVENS. Madam President, the prove related transportation costs in The PRESIDING OFFICER. The Saltonstall-Kennedy (S–K) Grant Pro- delivering these products to market, question is on agreeing to the con- gram is a competitive program admin- and will work to improve the overall ference report. The yeas and nays have istered by the National Marine Fish- marketability of Alaska seafood. been ordered. The clerk will call the eries Service of the National Oceanic I look forward to working with the roll. and Atmospheric Administration, Secretary of Commerce on establishing The legislative clerk called the roll. NOAA, Department of Commerce. The the Alaska Fisheries Marketing Board Mr. FRIST. I announce that the Sen- S–K program was established by the and helping the Alaska seafood indus- ator from Kentucky (Mr. MCCONNELL) Saltonstall-Kennedy Act of 1954 to pro- try get its message out to the world. is necessarily absent. mote U.S. seafood products around the f Mr. REID. I announce that the Sen- world and generally support our Na- ator from Florida (Mr. GRAHAM), the tion’s fisheries. For the first time in HAPPY 100TH ANNIVERSARY TO Senator from Massachusetts (Mr. 1979, S–K receipts from import duties THE DEPARTMENT OF COMMERCE KERRY), and the Senator from Vermont on fishery products were transferred to Mr. HOLLINGS. Madam President, (Mr. LEAHY) are necessarily absent. NOAA’s base budget to fund an indus- tomorrow the smallest of our Cabinet

VerDate Jan 31 2003 02:05 Feb 15, 2003 Jkt 019060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\A13FE6.119 S13PT2 S2440 CONGRESSIONAL RECORD — SENATE February 13, 2003 agencies, the Department of Com- 2. Meetings of the committee, including members of the committee shall constitute a merce, will celebrate the biggest of big meetings to conduct hearings, shall be open quorum for the transaction of business, in- anniversaries, and as the ranking mem- to the public, except that a meeting or series cluding action on amendments to measures ber of the Commerce, Science and of meetings by the committee on the same prior to voting to report the measure to the subject for a period of no more than 14 cal- Senate. Transportation Committee, I rise to sa- endar days may be closed to the public on a 3. Pursuant to paragraph 7(a)(2) of rule lute them on 100 years. motion made and seconded to go into closed XXVI of the Standing Rules, 2 members of We have a whole list of their accom- session to discuss only whether the matters the committee shall constitute a quorum for plishments, starting with the develop- enumerated in subparagraphs (A) through the purpose of taking testimony under oath ment of the Gross Domestic Product in (F) would require the meeting to be closed and 1 member of the committee shall con- the 1930s, the measure that gave us for followed immediately by a recorded vote in stitute a quorum for the purpose of taking the first time a true picture of our open session by a majority of the members of testimony not under oath; provided, how- economy. Commerce houses the Cen- the committee when it is determined that ever, that in either instance, once a quorum is established, any one member can continue sus, the top statistical agency in the the matters to be discussed or the testimony to be taken at such meeting or meetings— to take such testimony. world. It is home to the Patent Office, (A) will disclose matters necessary to be 4. Under no circumstances may proxies be which has witnessed an incredible kept secret in the interests of national de- considered for the establishment of a amount of American history, issuing fense or the confidential conduct of the for- quorum. more than 6 million patents, be it to eign relations of the United States; TITLE III—VOTING Orville and Wilbur Wright for a flying (B) will relate solely to matters of the 1. Voting in the committee on any issue machine, or for the development of tel- committee staff personnel or internal staff will normally be by voice vote. evision, transistors, and computers. management or procedure; 2. If a third of the members present so de- In the last century, Commerce cre- (C) will tend to charge an individual with mand, a record vote will be taken on any crime or misconduct, to disgrace or injure ated the first atomic clock, fostered question by roll call. the professional standing of an individual, or 3. The results of roll call votes taken in the development of public television; otherwise to expose an individual to public assisted more than half a million mi- any meeting upon any measure, or any contempt or obloquy, or will represent a amendment thereto, shall be stated in the nority-owned businesses; and helped clearly unwarranted invasion of the privacy committee report on that measure unless thousands of economically-distressed of an individual; previously announced by the committee, and communities generate commercial de- (D) will disclose the identity of any in- such report or announcement shall include a velopment in every Senators’ States. former or law enforcement agent or will dis- tabulation of the votes cast in favor of and Having a hand in creating NOAA, I will close any information relating to the inves- the votes cast in opposition to each such tigation or prosecution of a criminal offense measure and amendment by each member of always remember the last 100 years for that is required to be kept secret in the in- the great advancements made in the committee. (Paragraph 7(b) and (c) of terests of effective law enforcement; rule XXVI of the Standing Rules.) weather predicting and the saving of (E) will disclose information relating to 4. Proxy voting shall be allowed on all the gray whale and dolphin. the trade secrets or financial or commercial measures and matters before the committee. When Teddy Roosevelt wrote to this information pertaining specifically to a However, the vote of the committee to re- body a century ago, he asked us to cre- given person if— port a measure or matter shall require the ate the Department for the ‘‘purpose of (1) an Act of Congress requires the infor- concurrence of a majority of the members of broadening our markets . . . and mak- mation to be kept confidential by Govern- the committee who are physically present at ment officers and employees; or ing firm our new position in the inter- the time of the vote. Proxies will be allowed (2) the information has been obtained by in such cases solely for the purpose of re- national industrial world’’ William the Government on a confidential basis, Redfield, the first Secretary of Com- cording a member’s position on the question other than through an application by such and then only in those instances when the merce, set a clear goal: ‘‘We are going person for a specific Government financial or absentee committee member has been in- out into the markets of the world to other benefit, and is required to be kept se- formed of the question and has affirmatively get our share.’’ cret in order to prevent undue injury to the requested that he be recorded. (Paragraph This Senator knows that times competitive position of such person; or 7(a) (3) of rule XXVI of the Standing Rules.) (F) may divulge matters required to be change and situations change, but that TITLE IV—DELEGATION OF AUTHORITY TO for our long-term economic well being kept confidential under the provisions of law or Government regulations. (Paragraph 5(b) COMMITTEE CHAIRMAN no words hold truer. We need our share of rule XXVI of the Standing Rules.) 1. The Chairman is authorized to sign him- to bring back jobs into this country. I 3. Written notices of committee meetings self or by delegation all necessary vouchers wish the good people at Commerce a will normally be sent by the committee’s and routine papers for which the commit- happy birthday. Most of all, I hope staff director to all members of the com- tee’s approval is required and to decide in President Bush and Secretary Evans mittee at least a week in advance. In addi- the committee’s behalf all routine business. set their mark on the Department’s tion, the committee staff will telephone re- 2. The Chairman is authorized to engage minders of committee meetings to all mem- commercial reporters for the preparation of next 100 years with trade policies that transcripts of committee meetings and hear- can truly build our economic potential bers of the committee or to the appropriate staff assistants in their offices. ings. in global markets. 4. A copy of the committee’s intended 3. The Chairman is authorized to issue, in f agenda enumerating separate items of legis- behalf of the committee, regulations nor- mally promulgated by the committee at the RULES OF PROCEDURE OF THE lative business and committee business will normally be sent to all members of the com- beginning of each session. SENATE RULES COMMITTEE mittee by the staff director at least 1 day in TITLE V—DELEGATION OF AUTHORITY TO COM- Mr. LOTT. Madam President, today advance of all meetings. This does not pre- MITTEE CHAIRMAN AND RANKING MINORITY the Committee on Rules and Adminis- clude any member of the committee from MEMBER tration approved the following rules for raising appropriate non-agenda topics. The Chairman and Ranking Minority Mem- the committee. I ask that they be 5. Any witness who is to appear before the ber, acting jointly, are authorized to approve committee in any hearing shall file with the printed in the RECORD. on behalf of the committee any rule or regu- clerk of the committee at least 3 business lation for which the committee’s approval is There being no objection, the mate- days before the date of his or her appearance, rial was ordered to be printed in the required, provided advance notice of their in- a written statement of his or her proposed tention to do so is given to members of the RECORD, as follows: testimony and an executive summary there- committee. RULES OF PROCEDURE OF THE SENATE of, in such form as the chairman may direct, f COMMITTEE ON RULES AND ADMINISTRATION unless the Chairman and the Ranking Minor- (Adopted Feb. 13, 2003) ity Member waive such requirement for good RULES OF THE COMMITTEE ON TITLE I—MEETINGS OF THE COMMITTEE cause. HEALTH, EDUCATION, LABOR, 1. The regular meeting dates of the com- TITLE II—QUORUMS AND PENSIONS mittee shall be the second and fourth 1. Pursuant to paragraph 7(a)(1) of rule Mr. GREGG. Madam President, pur- Wednesdays of each month, at 9:30 a.m., in XXVI of the Standing Rules, a majority of suant to the requirements of paragraph room SR–301, Russell Senate Office Building. the members of the committee shall con- Additional meetings may be called by the stitute a quorum for the reporting of legisla- 2 of Senate rule XXVI, I ask unanimous chairman as he may deem necessary or pur- tive measures. consent to have printed in the RECORD suant to the provisions of paragraph 3 of rule 2. Pursuant to paragraph 7(a)(1) of rule the rules of the Committee on Health, XXVI of the Standing Rules of the Senate. XXVI of the Standing Rules, one-third of the Education, Labor, and Pensions for the

VerDate Jan 31 2003 17:34 Feb 14, 2003 Jkt 019060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.114 S13PT2 February 13, 2003 CONGRESSIONAL RECORD — SENATE S2441 108th Congress adopted by the Com- Rule 7.—There shall be prepared and kept a and in italics, the matter proposed to be mittee on February 12, 2003. complete transcript or electronic recording added, if a member makes a timely request There being no objection, the mate- adequate to fully record the proceedings of for such print. Rule 16.—An appropriate opportunity shall rial was ordered to be printed, as fol- each committee or subcommittee meeting or conference whether or not such meetings or be given the minority to examine the pro- lows: any part thereof is closed pursuant to the posed text of committee reports prior to RULES OF THE COMMITTEE AND HEALTH, specific provisions of subsections (b) and (d) their filing or publication. In the event there EDUCATION, LABOR, AND PENSIONS of rule 26.5 of the Standing Rules of the Sen- are supplemental, minority, or additional (Adopted February 12, 2003) ate, unless a majority of said members vote views, an appropriate opportunity shall be given the majority to examine the proposed RULES OF PROCEDURE (AS AGREED TO to forgo such a record. Such records shall text prior to filing or publication. Unless the FEBRUARY 12, 2003) contain the vote cast by each member of the committee or subcommittee on any question chairman and ranking minority member Rule 1.—Subject to the provisions of Rule on which a ‘‘yea and nay’’ vote is demanded, agree on a shorter period of time, the minor- XXVI, paragraph 5, of the Standing Rules of and shall be available or inspection by any ity shall have no fewer than three business the Senate, regular meetings of the com- committee member. The clerk of the com- days to prepare supplemental, minority or mittee shall be held on the second and fourth mittee, or the clerk’s designee, shall have additional views for inclusion in a com- Wednesday of each month, at 10:00 a.m., in the responsibility to make appropriate ar- mittee report from the time the majority room SD–430, Dirksen Senate Office Build- rangements to implement this rule. makes the proposed text of the committee ing. The chairman may, upon proper notice, Rule 8.—The committee and each sub- report available to the minority. call such additional meetings as he may committee shall undertake, consistent with Rule 17.—(a) The committee, or any sub- deem necessary. the provisions of ruler XXVI, paragraph 4, of committee, may issue subpoenas, or hold Rule 2.—The chairman of the committee or the Standing Rules of the Senate, to issue hearings to take sworn testimony or hear of a subcommittee, or if the chairman is not public announcement of any hearing it in- subpoenaed witnesses, only if such investiga- present, the ranking majority member tends to hold at least one week prior to the tive activity has been authorized by major- present, shall preside at all meetings. The commencement of such hearing. ity vote of the committee. chairman may designate the ranking minor- Rule 9.—The committee or a subcommittee (b) For the purpose of holding a hearing to ity member to preside at hearings of the shall require all witnesses heard before it to take sworn testimony or hear subpoenaed committee or subcommittee. file written statements of their proposed tes- witnesses, three members of the committee Rule 3.—Meetings of the committee or a timony at least 24 hours before a hearing, or subcommittee shall constitute a quorum: subcommittee, including meetings to con- unless the chairman and the ranking minor- provided, with the concurrence of the chair- duct hearings, shall be open to the public ex- ity member determine that there is good man and ranking minority members of the cept as otherwise specifically provided in cause for failure to so file, and to limit their committee or subcommittee, a single mem- subsections (b) and (d) of rule 26.5 of the oral presentation to brief summaries of their ber may hear subpoenaed witnesses or take Standing Rules of the Senate. arguments. The presiding officer at any sworn testimony. Rule 4.—(a) Subject to paragraph (b), one- hearing is authorized to limit the time of (c) The committee may, by a majority third of the membership of the committee, each witness appearing before the committee vote, delegate the authority to issue sub- actually present, shall constitute a quorum or a subcommittee. The committee or a sub- poenas to the chairman of the committee or for the purpose of transacting business. Any committee shall, as far as practicable, uti- a subcommittee, or to any member des- quorum of the committee which is composed lize testimony previously taken on bills and ignated by such chairman. Prior to the of less than a majority of the members of the measures similar to those before it for con- issuance of each subpoena, the ranking mi- committee shall include at least one member sideration. nority member of the committee or sub- of the majority and one member of the mi- Rule 10.—Should a subcommittee fail to re- committee, and any other member of the nority. port back to the full committee on any committee or subcommittee, and any other (b) A majority of the members of a sub- measure within a reasonable time, the chair- member so requesting, shall be notified re- committee, actually present, shall con- man may withdraw the measure from such garding the identity of the person to whom stitute a quorum for the purpose of subcommittee and report that fact to the it will be issued and the nature of the infor- transacting business: provided, no measure full committee for further disposition. mation sought and its relationship to the au- or matter shall be ordered reported unless Rule 11.—No subcommittee may schedule a thorized investigative activity, except where such majority shall include at least one meeting or hearing at a time designated for the chairman of the committee or sub- member of the minority who is a member of a hearing or meeting of the full committee. committee, in consultation with the ranking the subcommittee. If, at any subcommittee No more than one subcommittee executive minority member, determines that such no- meeting, a measure or matter cannot be or- meeting may be held at the same time. tice would unduly impede the investigation. dered reported because of the absence of such Rule 12.—It shall be the duty of the chair- All information obtained pursuant to such a minority member, the measure or matter man in accordance with section 133(c) of the investigative activity shall be made avail- shall lay over for a day. If the presence of a Legislative Reorganization Act of 1946, as able as promptly as possible to each member member of the minority is not then ob- amended, to report or cause to be reported to of the committee requesting same, or to any tained, a majority of the members of the the Senate, any measure or recommendation assistant to a member of the committee des- subcommittee, actually present, may order approved by the committee and to take or ignated by such member in writing, but the such measure or matter reported. cause to be taken, necessary steps to bring use of any such information is subject to re- (c) No measure or matter shall be ordered the matter to a vote in the Senate. strictions imposed by the rules of the Sen- reported from the committee or a sub- Rule 13.—Whenever a meeting of the com- ate. Such information, to the extent that it committee unless a majority of the com- mittee or subcommittee is closed pursuant is relevant to the investigation shall, if re- mittee or subcommittee is actually present to the provisions of subsection (b) or (d) of quested by a member, be summarized in at the time such action is taken. rule 26.5 of the Standing Rules of the Senate, writing as soon as practicable. Upon the re- Rule 5.—With the approval of the chairman no person other than members of the Stand- quest of any member, the chairman of the of the committee or subcommittee, one ing Rules of the Senate, no person other than committee or subcommittee shall call an ex- member thereof may conduct public hearings member of the committee, members of the ecutive session to discuss such investigative other than taking sworn testimony. staff of the committee, and designated as- activity or the issuance of any subpoena in Rule 6.—Proxy voting shall be allowed on sistants to members of the committee shall connection therewith. all measures and matters before the com- be permitted to attend such closed session, (d) Any witness summoned to testify at a mittee or a subcommittee if the absent except by special dispensation of the com- hearing, or any witness giving sworn testi- member has been informed of the matter on mittee or subcommittee or the chairman mony, may be accompanied by counsel of his which he is being recorded and has affirma- thereof. own choosing who shall be permitted, which tively requested that he be so recorded. Rule 14.—The chairman of the committee the witness is testifying, to advise him of his While proxies may be voted on a motion to or a subcommittee shall be empowered to ad- legal rights. report a measure or matter from the com- journ any meeting of the committee or a (e) No confidential testimony taken or mittee, such a motion shall also require the subcommittee if a quorum is not present confidential material presented in an execu- concurrence of a majority of the members within fifteen minutes of the time schedule tive hearing, or any report of the pro- who are actually present at the time such for such meeting. ceedings of such an executive hearing, shall action is taken. Rule 15.—Whenever a bill or joint resolu- be made public, either in whole or in part or The committee may poll any matters of tion repealing or amending any statute or by way of summary, unless authorized by a committee business as a matter of unani- part thereof shall be before the committee or majority of the members of the committee mous consent; provided that every member a subcommittee for final consideration, the or subcommittee. is polled and every poll consists of the fol- clerk shall place before each member of the Rule 18.—Presidential nominees shall sub- lowing two questions: committee or subcommittee a print of the mit a statement of their background and fi- (1) Do you agree or disagree to poll the pro- statute or the part or section thereof to be nancial interests, including the financial in- posal; and amended or replaced showing by stricken- terests of their spouse and children living in (2) Do you favor or oppose the proposal. through type, the part or parts to be omitted their household, on a form approved by the

VerDate Jan 31 2003 23:43 Feb 14, 2003 Jkt 019060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\CR\FM\A13FE6.097 S13PT2 S2442 CONGRESSIONAL RECORD — SENATE February 13, 2003 committee which shall be sworn to as to its 3. Agricultural colleges. (b) Each meeting of a committee, or any completeness and accuracy. The committee 4. Arts and humanities. subcommittee thereof, including meetings to form shall be in two parts— 5. Biomedical research and development. conduct hearings, shall be open to the public, (I) information relating to employment, 6. Child labor. except that a meeting or series of meetings education and background of the nominee re- 7. Convict labor and the entry of goods by a committee or a subcommittee thereof lating to the position to which the individual made by convicts into interstate commerce. on the same subject for a period of no more is nominated, and which is to be made pub- 8. Domestic activities of the American Na- than fourteen calendar days may be closed to lic; and tional Red Cross. the public on a motion made and seconded to (II) information relating to financial and 9. Equal employment opportunity. go into closed session to discuss only wheth- other background of the nominee, to be made 10. Gallaudet College, Howard University, er the matters enumerated in clauses (1) public when the committee determines that and Saint Elizabeths Hospital. through (6) would require the meeting to be such information bears directly on the nomi- 11. Individuals with disabilities. (Effective closed, followed immediately by a record nee’s qualification to hold the position to Jan. 21, 1999, pursuant to the Committee Re- vote in open session by a majority of the which the individual is nominated. organization Amendments of 1999 (S. Res. members of the committee or subcommittee Information relating to background and fi- 28), is amended by striking ‘‘Handicapped in- when it is determined that the matters to be nancial interests (parts I and II) shall not be dividuals’’, and inserting ‘‘Individuals with discussed or the testimony to be taken at required of (a) candidates for appointment disabilities.’’) such meeting or meetings— and promotion in the Public Health Service 12. Labor standards and labor statistics. (1) will disclose matters necessary to be Corps; and (b) nominees for less than full- 13. Mediation and arbitration of labor dis- kept secret in the interests of national de- time appointments to councils, commissions putes. fense or the confidential conduct of the for- 14. Occupational safety and health, includ- or boards when the committee determines eign relations of the United States; ing the welfare of miners. that some or all of the information is not (2) will relate solely to matters of com- 15. Private pension plans. relevant to the nature of the position. Infor- mittee staff personnel or internal staff man- 16. Public health. mation relating to other background and fi- agement or procedure; 17. Railway labor and retirement. (3) will tend to charge an individual with nancial interests (part II) shall not be re- 18. Regulation of foreign laborers. crime or misconduct, to disgrace or injure quired of any nominee when the committee 19. Student loans. the professional standing of an individual, or determines that it is not relevant to the na- 20. Wages and hours of labor. otherwise to expose an individual to public ture of the position. (2) Such committee shall also study and re- contempt or obloquy or will represent a Committee action on a nomination, includ- view, on a comprehensive basis, matters re- clearly unwarranted invasion of the privacy ing hearings or meetings to consider a mo- lating to health, education and training, and of an individual; tion to recommend confirmation, shall not public welfare, and report thereon from time (4) will disclose the identity of any in- be initiated until at least five days after the to time. former or law enforcement agent or will dis- nominee submits the form required by this RULE XXVI close any information relating to the inves- rule unless the chairman, with the concur- tigation or prosecution of a criminal offense COMMITTEE PROCEDURE rence of the ranking minority member, that is required to be kept secret in the in- waives this waiting period. 1. Each standing committee, including any terests of effective law enforcement; Rule 19.—Subject to statutory require- subcommittee of any such committee, is au- (5) will disclose information relating to the ments imposed on the committee with re- thorized to hold such hearings, to sit and act trade secrets of financial or commercial in- spect to procedure, the rules of the com- at such times and places during the sessions, formation pertaining specifically to a given mittee may be changed, modified, amended recesses, and adjourned periods of the Sen- person if— or suspended at any time; provided, not less ate, to require by subpoena or otherwise the (A) an Act of Congress requires the infor- than a majority of the entire membership so attendance of such witnesses and the produc- mation to be kept confidential by Govern- determine at a regular meeting with due no- tion of such correspondence, books, papers, ment officers and employees; or tice, or at a meeting specifically called for and documents, to take such testimony and (B) the information has been obtained by that purpose. to make such expenditures out of the contin- the Government on a confidential basis, Rule 20.—When the ratio of members on gent fund of the Senate as may be authorized other than through an application by such the committee is even, the term ‘‘majority’’ by resolutions of the Senate. Each such com- person for a specific Government financial or as used in the committee’s rules and guide- mittee may make investigations into any other benefit, and is required to be kept se- lines shall refer to the party of the chairman matter within its jurisdiction, may report cret in order to prevent undue injury to the for purposes of party identification. Numer- such hearings as may be had by it, and may competitive position of such person; or ical requirements for quorums, votes and the employ stenographic assistance at a cost not (6) may divulge matters required to be like shall be unaffected. exceeding the amount prescribed by the kept confidential under other provisions of Rule 21.—First degree amendments must Committee on Rules and Administration. law or Government regulations. be filed with the chairman at least 24 hours (Pursuant to section 68c of title 2, United (c) Whenever any hearing conducted by before an executive session. The chairman States Code, the Committee on Rules and any such committee or subcommittee is shall promptly distribute all filed amend- Administration issues Regulations Gov- open to the public, that hearing may be ments to the members of the committee. The erning Rates Payable to Commercial Report- broadcast by radio or television, or both, chairman may modify the filing require- ing Forms for Reporting Committee Hear- under such rules as the committee or sub- ments to meet special circumstances with ings in the Senate.’’ Copies of the regula- committee may adopt. the concurrence of the ranking minority tions currently in effect may be obtained (d) Whenever disorder arises during a com- member. from the Committee.) The expenses of the mittee meeting that is open to the public, or Rule 22.—In addition to the foregoing, the committee shall be paid from the contingent any demonstration of approval or dis- proceedings of the committee shall be gov- fund of the Senate upon vouchers approved approval is indulged in by any person in at- erned by the Standing Rules of the Senate by the chairman. tendance of any such meeting, it shall be the duty of the Chair to enforce order on his own and the provisions of the Legislative Reorga- * * * * * nization Act of 1946, as amended. initiative and without any point of order 5. (a) Notwithstanding any other provision being made by a Senator. When the Chair [Excerpts from the Standing Rules of the of the rules, when the Senate is in session, finds it necessary to maintain order, he shall Senate] no committee of the Senate or any sub- have the power to clear the room, and the RULE XXV committee thereof may meet, without spe- committee may act in closed session for so STANDING COMMITTEES cial leave, after the conclusion of the first long as there is doubt of the assurance of two hours after the meeting of the Senate 1. The following standing committees shall order. commenced and in no case after two o’clock be appointed at the commencement of each (e) Each committee shall prepare and keep postmeridian unless consent therefor has Congress, and shall continue and have the a complete transcript or electronic recoding been obtained from the majority leader and power to act until their successors are ap- adequate to fully record the proceeding of the minority leader (or in the event of the pointed, with leave to report by bill our oth- each meeting or conference where or not absence of either of such leaders, from his erwise on matters within their respective ju- such meeting or any part thereof is closed designee). The prohibition contained in the risdictions: under this paragraph, unless a majority of preceding sentence shall not apply to the its members vote to forgo such a record. * * * * * Committee on Appropriations or the Com- * * * * * (m)(1) Committee on Health, Education, mittee on the Budget. The majority leader or Labor and Pensions, to which committee his designee shall announce to the Senate GUIDELINES OF THE SENATE COMMITTEE ON shall be referred all proposed legislation, whenever consent has been given under this HEALTH, EDUCATION, LABOR, AND PENSIONS messages, petitions, memorials, and other subparagraph and shall state the time and WITH RESPECT TO HEARINGS, MARKUP SES- matters relating to the following subjects: place of such meeting. The right to make SIONS, AND RELATED MATTERS 1. Measures relating to education, labor, such announcement of consent shall have the HEARINGS health, and public welfare. same priority as the filing of a cloture mo- Section 133A(a) of the Legislative Reorga- 2. Aging. tion. nization Act requires each committee of the

VerDate Jan 31 2003 23:43 Feb 14, 2003 Jkt 019060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\CR\FM\A13FE6.100 S13PT2 February 13, 2003 CONGRESSIONAL RECORD — SENATE S2443 Senate to publicly announce the date, place, of the Standing Rules of the Senate, I (ii) steps in an investigation, including and subject matter of any hearing at least ask unanimous consent to print in the issuance of subpoenas, applications for im- one week prior to the commencement of such RECORD, the rules of the Committee on munity orders, and requests for documents hearing. from agencies; and The spirit of this requirement is to assure the Budget for the 108th Congress as (iii) other Committee business that the adequate notice to the public and other adopted by the committee. Committee has designated for polling at a Members of the Senate as to the time and There being no objection, the mate- meeting, except that the Committee may not subject matter of proposed hearings. In the rial was ordered to be printed in the vote by poll on reporting to the Senate any spirit of section 133A(a) and in order to as- RECORD, as follows: measure, matter, or recommendation, and sure that members of the committee are RULES OF THE COMMITTEE ON THE BUDGET may not vote by poll on closing a meeting or themselves fully informed and involved in hearing to the public. I. MEETINGS the development of hearings: (b) To conduct a poll, the Chair shall cir- 1. Public notice of the date, place, and sub- (1) The committee shall hold its regular culate polling sheets to each member speci- ject matter of each committee or sub- meeting on the first Thursday of each fying the matter being polled and the time committee hearing should be inserted in the month. Additional meetings may be called limit for completion of the poll. If any Mem- Congressional Record seven days prior to the by the chair as the chair deems necessary to ber requests, the matter shall be held for a commencement of such hearing. expedite committee business. meeting rather than being polled. The chief 2. At least seven days prior to public notice (2) Each meeting of the Committee on the clerk shall keep a record of polls; if the com- of each committee or subcommittee hearing, Budget of the Senate, including meetings to mittee determines by record vote in open the majority should provide notice to the conduct hearings, shall be open to the public, session of a majority of the members of the minority of the time, place and specific sub- except that a portion or portions of any such committee present that the polled matter is ject matter of such hearing. meeting may be closed to the public if the one of those enumerated in rule I(2) (a)–(e), 3. At least three days prior to the date of committee determines by record vote in then the record of the poll shall be confiden- such hearing, the committee or sub- open session of a majority of the members of tial. Any Member may move at the Com- committee should provide to each member a the committee present that the matters to mittee meeting following a poll for a vote on list of witnesses who have been or are pro- be discussed or the testimony to be taken at the polled decision. posed to be invited to appear. such portion or portions— 4. The committee and its subcommittee (a) will disclose matters necessary to be III. PROXIES should, to the maximum feasible extent, en- kept secret in the interests of national de- When a record vote is taken in the com- force the provisions of rule 9 of the com- fense or the confidential conduct of the for- mittee on any bill, resolution, amendment, mittee rules as it relates to the submission eign relations of the United States; or any other question, a quorum being of written statements of witnesses twenty- (b) will relate solely to matters of the com- present, a member who is unable to attend four hours in advance of a hearing. When mittee staff personnel or internal staff man- the meeting may vote by proxy if the absent statements are received in advance of a hear- agement or procedure; member has been informed of the matter on ing, the committee or subcommittee (as ap- (c) will tend to charge an individual with which the vote is being recorded and has af- propriate) should distribute copies of such crime or misconduct, to disgrace or injure firmatively requested to be so recorded; ex- statements to each of its members. the professional standing of an individual, or cept that no member may vote by proxy dur- EXECUTIVE SESSIONS FOR THE PURPOSE OF otherwise to expose an individual to public ing the deliberations on Budget Resolutions. MARKING UP BILLS contempt or obloquy, or will represent a IV. HEARINGS AND HEARING PROCEDURES In order to expedite the process of marking clearly unwarranted invasion of the privacy (1) The committee shall make public an- up bills and to assist each member of the of an individual; nouncement of the date, place, time, and committee so that there may be full and fair (d) will disclose the identity of any in- subject matter of any hearing to be con- consideration of each bill which the com- former or law enforcement agent or will dis- ducted on any measure or matter at least 1 mittee or a subcommittee is marking up the close any information relating to the inves- week in advance of such hearing, unless the following procedures should be followed: tigation or prosecution of a criminal offense chair and ranking member determine that 1. Seven days prior to the proposal data for that is required to be kept secret in the in- there is good cause to begin such hearing at an executive session for the purpose of mark- terests of effective law enforcement; or an earlier date. ing up bills the committee or subcommittee (e) will disclose information relating to the (2) In the event that the membership of the (as appropriate) should provide written no- trade secrets or financial or commercial in- Senate is equally divided between the two tice to each of its members as to the time, formation pertaining specifically to a given parties, the raking member is authorized to place, and specific subject matter of such person if— call witnesses to testify at any hearing in an session, including an agenda listing each bill (i) an act of Congress requires the informa- amount equal to the number called by the or other matters to be considered and includ- tion to be kept confidential by Government chair. The previous sentence shall not apply ing: officers and employees; or in the case of a hearing at which the Com- (a) two copies of each bill, joint resolution, (ii) the information has been obtained by mittee intends to call an official of the Fed- or other legislative matter (or committee the Government on a confidential basis, eral government as the sole witness. print thereof) to be considered at such execu- other than through an application by such (3) A witness appearing before the com- tive session; and person for a specific Government financial or mittee shall file a written statement of pro- (b) two copies of a summary of the provi- other benefit, and is required to be kept se- posed testimony at least 1 day prior to ap- sions of each bill, joint resolution, or other cret in order to prevent undue injury to the pearance, unless the requirement is waived legislative matter to be considered at such competitive position of such person. by the chair and the ranking member, fol- executive session; and (f) may divulge matters required to be kept 2. Three days prior to the scheduled date lowing their determination that there is confidential under other provisions of law or good cause for the failure of compliance. for an executive session for the purpose of Government regulations. marking up bills, the committee or sub- (3) Notice of, and the agenda for, any busi- V. COMMITTEE REPORTS committee (as appropriate) should deliver to ness meeting or markup shall be provided to (1) When the committee has ordered a each of its members two copies of cordon each member and made available to the pub- measure or recommendation reported, fol- print or an equivalent explanation of lic at least 48 hours prior to such meeting or lowing final action, the report thereon shall changes of existing law proposed to be made markup. be filed in the Senate at the earliest prac- by each bill, joint resolution, or other legis- II. QUORUMS AND VOTING ticable time. lative matter to be considered at such execu- (2) A member of the committee who gives tive session. (1) Except as provided in paragraphs (2) and notice of an intention to file supplemental, 3. Insofar as practical, prior to the sched- (3) of this section, a quorum for the trans- minority, or additional views at the time of uled date for an executive session for the action of committee business shall consist of final committee approval of a measure or purpose of marking up bills, the committee not less than one-third of the membership of matter, shall be entitled to not less than 3 or a subcommittee (as appropriate) should the entire committee: Provided, that proxies calendar days in which to file such views, in provide each member with a copy of the shall not be counted in making a quorum. writing, with the chief clerk of the com- (2) A majority of the committee shall con- printed record or a summary of any hearings mittee. Such views shall then be included in stitute a quorum for reporting budget resolu- conducted by the committee or a sub- the committee report and printed in the tions, legislative measures or recommenda- committee with respect to each bill, joint same volume, as a part thereof, and their in- tions: Provided, that proxies shall not be resolution, or other legislative matter to be clusions shall be noted on the cover of the counted in making a quorum. considered at such executive session. report. In the absence of timely notice, the (3) For the purpose of taking sworn or committee report may be filed and printed f unsworn testimony, a quorum of the com- immediately without such views. RULES OF THE SENATE mittee shall consist of one Senator. VI. USE OF DISPLAY MATERIALS IN COMMITTEE COMMITTEE ON THE BUDGET (4)(a) The Committee may poll— (i) internal Committee matters including (1) Graphic displays used during any meet- Mr. NICKLES. Madam President, those concerning the Committee’s staff, ing or hearing of the committee are limited pursuant to paragraph 2 of Rule XXVI records, and budget; to the following:

VerDate Jan 31 2003 23:43 Feb 14, 2003 Jkt 019060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\CR\FM\A13FE6.103 S13PT2 S2444 CONGRESSIONAL RECORD — SENATE February 13, 2003 Charts, photographs, or rendering: (1) an Act of Congress requires the infor- (c) Hearings shall be held only in the Dis- Size: no larger than 36 inches by 48 inches. mation to be kept confidential by Govern- trict of Columbia unless specifically author- Where: on an easel stand next to the Sen- ment officers and employees; or ized to be held elsewhere by a majority vote ator’s seat or at the rear of the committee (2) the information has been obtained by of the Committee or subcommittee con- room. the Government on a confidential basis, ducting such hearings. When: only at the time the Senator is other than through an application by such (d) The Chairman of the Committee or sub- speaking. person for a specific Government financial or committee shall consult with the Ranking Number: no more than two may be dis- other benefit, and is required to be kept se- Minority Member thereof before naming wit- played at a time. cret in order to prevent undue injury to the nesses for a hearing. competitive position of such person; or (e) Witnesses appearing before the Com- f (f) may divulge matters required to be kept mittee shall file with the clerk of the Com- RULES OF THE COMMITTEE ON confidential under other provisions of law or mittee a written statement of their proposed ARMED SERVICES Government regulations. testimony prior to the hearing at which they 5. PRESIDING OFFICER.—The Chairman shall are to appear unless the Chairman and the Mr. WARNER. Madam President, preside at all meetings and hearings of the Ranking Minority Member determine that pursuant to the requirements of para- Committee except that in his absence the there is good cause not to file such a state- graph 2 of Senate Rule XXVI, I ask Ranking Majority Member present at the ment. Witnesses testifying on behalf of the unanimous consent to have printed in meeting or hearing shall preside unless by Administration shall furnish an additional 50 majority vote the Committee provides other- copies of their statement to the Committee. the RECORD the rules of the Committee wise. All statements must be received by the Com- on Armed Services for the 108th Con- 6. QUORUM.—(a) A majority of the members mittee at least 48 hours (not including week- gress adopted by the committee on of the Committee are required to be actually ends or holidays) before the hearing. February 13, 2003. present to report a matter or measure from (f) Confidential testimony taken or con- There being no objection, the mate- the Committee. (See Standing Rules of the fidential material presented in a closed hear- rial was ordered to be printed in the Senate 26.7(a)(1). ing of the Committee or subcommittee or (b) Except as provided in subsections (a) any report of the proceedings of such hearing RECORD, as follows: and (c), and other than for the conduct of shall not be made public in whole or in part RULES OF PROCEDURE OF THE COMMITTEE ON hearings, eight members of the Committee, or by way of summary unless authorized by ARMED SERVICES including one member of the minority party; a majority vote of the Committee or sub- (ADOPTED FEBRUARY 13, 2003) or a majority of the members of the Com- committee. mittee, shall constitute a quorum for the (g) Any witness summoned to give testi- 1. REGULAR MEETING DAY.—The Committee transaction of such business as may be con- shall meet at least once a month when Con- mony or evidence at a public or closed hear- sidered by the Committee. gress is in session. The regular meeting days ing of the Committee or subcommittee may (c) Three members of the Committee, one be accompanied by counsel of his own choos- of the Committee shall be Tuesday and of whom shall be a member of the minority Thursday, unless the Chairman, after con- ing who shall be permitted at all times dur- party, shall constitute a quorum for the pur- ing such hearing to advise such witness of sultation with the Ranking Minority Mem- pose of taking sworn testimony, unless oth- ber, directs otherwise. his legal rights. erwise ordered by a majority of the full Com- (h) Witnesses providing unsworn testimony 2. ADDITIONAL MEETINGS.—The Chairman, mittee. to the Committee may be given a transcript after consultation with the Ranking Minor- (d) Proxy votes may not be considered for of such testimony for the purpose of making ity Member, may call such additional meet- the purpose of establishing a quorum. minor grammatical corrections. Such wit- ings as he deems necessary. 7. PROXY VOTING.—Proxy voting shall be nesses will not, however, be permitted to 3. SPECIAL MEETINGS.—Special meetings of allowed on all measures and matters before alter the substance of their testimony. Any the Committee may be called by a majority the Committee. The vote by proxy of any question involving such corrections shall be of the members of the Committee in accord- member of the Committee may be counted decided by the Chairman. ance with paragraph 3 of Rule XXVI of the for the purpose of reporting any measure or 11. NOMINATIONS.—Unless otherwise or- Standing Rules of the Senate. matter to the Senate if the absent member dered by the Committee, nominations re- 4. OPEN MEETINGS.—Each meeting of the casting such vote has been informed of the ferred to the Committee shall be held for at Committee, or any subcommittee thereof, matter on which he is being recorded and has least seven (7) days before being voted on by including meetings to conduct hearings, affirmatively requested that he be so re- the Committee. Each member of the Com- shall be open to the public, except that a corded. Proxy must be given in writing. mittee shall be furnished a copy of all nomi- meeting or series of meetings by the Com- 8. ANNOUNCEMENT OF VOTES.—The results nations referred to the Committee. mittee or a subcommittee thereof on the of all roll call votes taken in any meeting of 12. REAL PROPERTY TRANSACTIONS.—Each same subject for a period of no more than the Committee on any measure, or amend- member of the Committee shall be furnished fourteen (14) calendar days may be closed to ment thereto, shall be announced in the with a copy of the proposals of the Secre- the public on a motion made and seconded to Committee report, unless previously an- taries of the Army, Navy, and Air Force, sub- go into closed session to discuss only wheth- nounced by the Committee. The announce- mitted pursuant to 10 U.S.C. 2662 and with a er the matters enumerated below in clauses ment shall include a tabulation of the votes copy of the proposals of the Director of the (a) through (f) would require the meeting to cast in favor and votes cast in opposition to Federal Emergency Management Agency, be closed, followed immediately by a record each such measure and amendment by each submitted pursuant to 50 U.S.C. App. 2285, re- vote in open session by a majority of the member of the Committee who was present garding the proposed acquisition or disposi- members of the Committee or subcommittee at such meeting. The Chairman, after con- tion of property of an estimated price or when it is determined that the matters to be sultation with the Ranking Minority Mem- rental of more than $50,000. Any member of discussed or the testimony to be taken at ber, may hold open a roll call vote on any the Committee objecting to or requesting in- such meeting or meetings— measure or matter which is before the Com- formation on a proposed acquisition or dis- (a) will disclose matters necessary to be mittee until no later than midnight of the posal shall communicate his objection or re- kept secret in the interests of national de- day on which the Committee votes on such quest to the Chairman of the Committee fense or the confidential conduct of the for- measure or matter. within thirty (30) days from the date of sub- 9. SUBPOENAS.—Subpoenas for attendance eign relations of the United States; mission. of witnesses and for the production of memo- 13. LEGISLATIVE CALENDAR.—(a) The clerk (b) will relate solely to matters of Com- randa, documents, records, and the like may of the Committee shall keep a printed cal- mittee staff personnel or internal staff man- be issued, after consultation with the Rank- endar for the information of each Committee agement or procedure; ing Minority Member, by the Chairman or member showing the bills introduced and re- (c) will tend to charge an individual with a any other member designated by him, but ferred to the Committee and the status of crime or misconduct, to disgrace or injure only when authorized by a majority of the such bills. Such calendar shall be revised the professional standing of an individual, or members of the Committee. The subpoena from time to time to show pertinent changes otherwise to expose an individual to public shall briefly state the matter to which the in such bills, the current status thereof, and contempt or obloquy or will represent a witness is expected to testify or the docu- new bills introduced and referred to the clearly unwarranted invasion of the privacy ments to be produced. Committee. A copy of each new revision of an individual; 10. HEARINGS.—(a) Public notice shall be shall be furnished to each member of the (d) will disclose the identity of any in- given of the date, place, and subject matter Committee. former or law enforcement agent or will dis- of any hearing to be held by the Committee, (b) Unless otherwise ordered, measures re- close any information relating to the inves- or any subcommittee thereof, at least 1 week ferred to the Committee shall be referred by tigation or prosecution of a criminal offense in advance of such hearing, unless the Com- the clerk of the Committee to the appro- that is required to be kept secret in the in- mittee or subcommittee determines that priate department or agency of the Govern- terests of effective law enforcement; good cause exists for beginning such hear- ment for reports thereon. (e) will disclose information relating to the ings at an earlier time. 14. Except as otherwise specified herein, trade secrets or financial or commercial in- (b) Hearings may be initiated only by the the Standing Rules of the Senate shall gov- formation pertaining specifically to a given specified authorization of the Committee or ern the actions of the Committee. Each sub- person if— subcommittee. committee of the Committee is part of the

VerDate Jan 31 2003 23:43 Feb 14, 2003 Jkt 019060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\CR\FM\A13FE6.086 S13PT2 February 13, 2003 CONGRESSIONAL RECORD — SENATE S2445 Committee, and is therefore subject to the require expedited procedures and a majority any later time during the same business Committee’s rules so far as applicable. of all the Members of the Committee or the meeting. 15. POWERS AND DUTIES OF SUBCOMMIT- Subcommittee involved concurs. In no case (b) Proxy voting shall be permitted on all TEES.—Each subcommittee is authorized to shall a hearing be conducted with less than matters, except that proxies may not be meet, hold hearings, receive evidence, and twenty-four hours notice. Any document or counted for the purpose of determining the report to the full Committee on all matters report that is the subject of the hearing shall presence of a quorum. Unless further limited, referred to it. Subcommittee chairmen, after be provided to every Member of the Com- a proxy shall be exercised only upon the date consultation with Ranking Minority Mem- mittee or Subcommittee involved at least 72 for which it is given and upon the items pub- bers of the subcommittees, shall set dates for hours before the hearing unless the Chair- lished in the agenda for that date. hearings and meetings of their respective man and Ranking Member determine other- (c) Each Committee report shall set forth subcommittees after consultation with the wise. the vote on the motion to report the meas- Chairman and other subcommittee chairmen (b) Each witness who is to appear before ure or matter involved. Unless the Com- mittee directs otherwise, the report will not with a view toward avoiding simultaneous the Committee or any Subcommittee shall set out any votes on amendments offered scheduling of full Committee and sub- file with the Committee or Subcommittee, during Committee consideration. Any Mem- committee meetings or hearings whenever at least 24 hours in advance of the hearing, a ber who did not vote on any rollcall shall possible. written statement of his or her testimony in have the opportunity to have his position re- as many copies as the Chairman of the Com- f corded in the appropriate Committee record mittee or Subcommittee prescribes. or Committee report. RULES OF THE COMMITTEE ON (c) Each member shall be limited to five (d) The Committee vote to report a meas- ENERGY AND NATURAL RE- minutes in the questioning of any witness ure to the Senate shall also authorize the SOURCES until such time as all Members who so desire staff of the Committee to make necessary have had an opportunity to question the wit- technical and clerical corrections in the Mr. DOMENICI. Madam President, in ness. measure. accordance with Rule XXVI, paragraph (d) The Chairman and Ranking Minority SUBCOMMITTEES 2, of the Standing Rules of the Senate, Member or the ranking Majority and Minor- Rule 8. (a) The number of Members as- I ask unanimous consent to have print- ity Members present at the hearing may each appoint one Committee staff member to signed to each Subcommittee and the divi- ed in the RECORD, the Rules of the question each witness. Such staff member sion between Majority and Minority Mem- Committee on Energy and Natural Re- may question the witness only after all bers shall be fixed by the Chairman in con- sources. Members present have completed their ques- sultation with the ranking Minority Mem- There being no objection, the mate- tioning of the witness or at such other time ber. (b) Assignment of Members of Sub- rial was ordered to be printed in the as the Chairman and the ranking Majority committee shall, insofar as possible, reflect and Minority Members present may agree. RECORD, as follows: the preferences of the Members. No Member No staff member may question a witness in RULES OF THE SENATE COMMITTEE ON ENERGY will receive assignment to a second Sub- the absence of a quorum for the taking of AND NATURAL RESOURCES committee until, in order of seniority, all testimony. GENERAL RULES Members of the Committee have chosen as- BUSINESS MEETING AGENDA Rule 1. The Standing Rules of the Senate, signments to one Subcommittee, and no as supplemented by these rules, are adopted Rule 5. (a) A legislative measure, nomina- Member shall receive assignment to a third as the rules of the Committee and its Sub- tion, or other matter shall be included on Subcommittee until, in order of seniority, committees. the agenda of the next following business all Members have chosen assignments to two meeting of the full Committee or any Sub- Subcommittees. MEETINGS OF THE COMMITTEE committee if a written request for such in- (c) Any Member of the Committee may sit Rule 2. (a) The Committee shall meet on clusion has been filed with the Chairman of with any Subcommittee during its hearings the third Wednesday of each month while the the Committee or Subcommittee at least one and business meetings but shall not have the Congress is in session for the purpose of con- week prior to such meeting. Nothing in this authority to vote on any matters before the ducting business, unless, for the convenience rule shall be construed to limit the author- Subcommittee unless he is a Member of such of Members, the Chairman shall set some ity of the Chairman of the Committee or Subcommittee. other day for a meeting. Additional meetings Subcommittee to include a legislative meas- NOMINATIONS may be called by the Chairman as he may ure, nomination, or other matter on the Rule 9. At any hearing to confirm a Presi- deem necessary. Committee or Subcommittee agenda in the dential nomination, the testimony of the (b) Business meetings of any Sub- absence of such request. nominee and, at the request of any Member, committee may be called by the Chairman of (b) The agenda for any business meeting of any other witness shall be under oath. Every such Subcommittee, Provided, That no Sub- the Committee or any Subcommittee shall nominee shall submit a statement of his fi- committee meeting or hearing other than a be provided to each Member and made avail- nancial interests, including those of his field hearing, shall be scheduled or held con- able to the public at least three days prior to spouse, his minor children, and other mem- currently with a full Committee meeting or such meeting, and no new items may be bers of his immediate household, on a form hearing, unless a majority of the Committee added after the agenda is so published except approved by the Committee, which shall be concurs in such concurrent meeting or hear- by the approval of a majority of all the Mem- sworn to by the nominee as to its complete- ing. bers of the Committee or Subcommittee. The ness and accuracy. A statement of every OPEN HEARINGS AND MEETINGS Staff Director shall promptly notify absent nominee’s financial interest shall be made Rule 3. (a) All hearings and business meet- Members of any action taken by the Com- available to the public on a form approved by ings of the Committee and its Subcommit- mittee or any Subcommittee on matters not the Committee, unless the Committee in ex- tees shall be open to the public unless the included on the published agenda. ecutive session determines that special cir- Committee or Subcommittee involved, by QUORUMS cumstances require a full or partial excep- majority vote of all the Members of the Rule 6. (a) Except as provided in sub- tion to this rule. Committee or such Subcommittee, orders sections (b), (c), and (d), eight Members shall INVESTIGATIONS the hearing or meeting to be closed in ac- constitute a quorum for the conduct of busi- Rule 10. (a) Neither the Committee nor any cordance with paragraph 5(b) of Rule XXVI ness of the Committee. of its Subcommittees may undertake an in- of the Standing Rules of the Senate. (b) No measure or matter shall be ordered vestigation unless specifically authorized by (b) A transcript shall be kept of each hear- reported from the Committee unless twelve a majority of all the Members of the Com- ing of the Committee or any Subcommittee. Members of the Committee are actually mittee. (c) A transcript shall be kept of each busi- present at the time such action is taken. (b) A witness called to testify in an inves- ness meeting of the Committee or any Sub- (c) Except as provided in subsection (d), tigation shall be informed of the matter or committee unless a majority of all the Mem- one-third of the Subcommittee Members matters under investigation, given a copy of bers of the Committee or the Subcommittee shall constitute a quorum for the conduct of these rules, given the opportunity to make a involved agrees that some other form of per- business of any Subcommittee. brief and relevant oral statement before or manent record is preferable. (d) One Member shall constitute a quorum after questioning, and be permitted to have counsel of his or her choosing present during HEARING PROCEDURE for the purpose of conducting a hearing or taking testimony on any measure or matter his or her testimony at any public or closed Rule 4. (a) Public notice shall be given of before the Committee or any Subcommittee. hearing, or at any unsworn interview, to ad- the date, place, and subject matter of any vice the witness of his or her legal rights. hearing to be held by the Committee or any VOTING (c) For purposes of this rule, the term ‘‘in- Subcommittee at least one week in advance Rule 7. (a) A rollcall of the Members shall vestigation’’ shall not include a review or of such hearing unless the Chairman of the be taken upon the request on any Member. study undertaken pursuant to paragraph 8 of full Committee or the Subcommittee in- Any Member who does not vote on any roll- Rule XXVI of the Standing Rules of the Sen- volved determines that the hearing is non- call at the time the roll is called, may vote ate or an initial review of any allegation of controversial or that special circumstances (in person or by proxy) on that rollcall at wrongdoing intended to determine whether

VerDate Jan 31 2003 02:05 Feb 15, 2003 Jkt 019060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\CR\FM\A13FE6.109 S13PT2 S2446 CONGRESSIONAL RECORD — SENATE February 13, 2003 there is substantial credible evidence that port presented the case of a New York both the NYPD and in the investiga- would warrant a preliminary inquiry or an City double homicide in which the New tion of the Washington area sniper at- investigation. York Police Department developed lit- tacks. I urge my colleagues to support SWORN TESTIMONY tle evidence to work with besides the it. Rule 11. Witnesses in Committee or Sub- bullet shells and casings from the f committee hearings may be required to give crime scene. After exhausting all other testimony under oath whenever the chair- efforts to solve the case, detectives LOCAL LAW ENFORCEMENT ACT man or Ranking Minority Member of the took those shells and casings to the OF 2001 Committee or Subcommittee deems such to Mr. SMITH. Madam President, I rise be necessary. If one or more witnesses at a NYPD ballistics lab to be scanned into hearing are required to testify under oath, the Integrated Ballistic Identification today to speak about the need for hate all witnesses at that hearing shall be re- System, a database of ballistic finger- crimes legislation. In the last Congress quired to testify under oath. prints maintained by the Federal Bu- Senator KENNEDY and I introduced the SUBPOENAS reau of Alcohol, Tobacco, Firearms, Local Law Enforcement Act, a bill that Rule 12. No subpoena for the attendance of and Explosives. The ballistics lab was would add new categories to current a witness or for the production of any docu- able to connect the gun used in the hate crimes law, sending a signal that ment, memorandum, record, or other mate- double homicide to the one used three violence of any kind is unacceptable in rial may be issued unless authorized by a months later in an armed robbery. An our society. majority of all the Members of the Com- arrest was made and the man was con- I would like to describe a terrible mittee, except that a resolution adopted pur- victed of both crimes. Without ballis- crime that occurred March 9, 2002 in suant to Rule 10(a) may authorize the Chair- tics fingerprinting this case might Huntington Beach, CA. Aris Gaddvang, man, with the concurrence of the Ranking Minority Member, to issue subpoenas within have never been solved. 25, a Filipino-American store manager, the scope of the authorized investigation. Through its National Integrated Bal- was beaten in a parking lot. The listic Information Network or NIBIN attackers, three teenagers, shouted ra- CONFIDENTIAL TESTIMONY Program, the Bureau of Alcohol, To- cial slurs and ‘‘white power’’ before Rule 13. No confidential testimony taken by or any report of the proceedings of a bacco, Firearms, and Explosives de- beating Gaddvang with metal pipes. closed Committee or any Subcommittee, or ploys Integrated Ballistic Identifica- After the attack, Gaddvang said he re- any report of the proceedings of a closed tion System equipment to State and ceived a phone call from someone who Committee or Subcommittee hearing or local law enforcement agencies, such identified himself as one of the business meeting, shall be made public, in as the one in New York City, for their attackers. Gaddvang said that the call- whole or in part or by way of summary, un- use in imaging and comparing crime er used racial slurs and threatened less authorized by a majority of all the Mem- gun evidence. This state-of-the-art him. bers of the Committee at a business meeting equipment allows firearms technicians I believe that government’s first duty called for the purpose of making such a de- termination. to acquire digital images of the mark- is to defend its citizens, to defend them ings made by a firearm on bullets and against the harms that come out of DEFAMATORY STATEMENTS shells, like was done in the New York hate. The Local Law Enforcement En- Rule 14. Any person whose name is men- case. Unfortunately, at this point, only tioned or who is specifically identified in, or hancement Act is a symbol that can who believes that testimony or other evi- weapons that are confiscated in crimes become substance. I believe that by dence presented at, an open Committee or are included in this database. Expand- passing this legislation and changing Subcommittee hearing tends to defame him ing this database to include newly current law, we can change hearts and or otherwise adversely affect this reputation manufactured and imported guns would minds as well. may file with the Committee for its consid- enhance law enforcement’s ability to f eration and action a sworn statement of investigate and reduce gun-related facts relevant to such testimony or evidence. crime. SUPPORTING THE USE OF BROADCASTING OF HEARINGS OR MEETINGS I believe that the ATF’s ballistic ETHANOL Rule 15. Any meeting or hearing by the fingerprinting network should be ex- Mr. VOINOVICH. Madam President, I Committee or any Subcommittee which is panded, and that is why I have cospon- rise today to express my support for open to the public may be covered in whole sored the Technological Resource for the ethanol legislation that is being in- or in part by television broadcast, radio Assisting Criminal Enforcement Act or troduced today. broadcast, or still photography. Photog- raphers and reporters using mechanical re- TRACE Act. Under this bill, manufac- I am pleased to join my colleagues, cording, filming, or broadcasting devices turers and importers would be required Senators HAGEL, LUGAR, DASCHLE, and shall position their equipment so as not to to test fire firearms and capture ballis- JOHNSON, in this effort to develop an interfere with the seating, vision, and hear- tics images of the fired bullets and cas- ethanol package that addresses the ing of Members and staff on this dais or with ings of new firearms. Expanding NIBIN concerns of a variety of stakeholders in the orderly process of the meeting or hear- to include these ballistics images the energy debate while providing a ing. would increase the crime gun tracing tangible benefit for the American peo- AMENDING THE RULES capabilities of the ATF and local law ple. I believe that increasing our use of Rule 16. These rules may be amended only enforcement. Law enforcement could renewable fuels such as ethanol and by vote of a majority of all the Members of identify firearms by using the ballis- biodiesel is a key element in our effort the Committee in a business meeting of the tics images of cartridge cases and bul- to construct a viable energy policy. Committee: Provided, That no vote may be As I have often stated, we face an in- taken on any proposed amendment unless lets recovered at crime scenes even such amendment is reproduced in full in the when criminals had removed the serial credible challenge in putting together Committee agenda for such meeting at least number. In fact, this technology would an energy policy for our Nation. In my three days in advance of such meeting. allow investigators to identify the fire- view, the Senate has a responsibility to f arm used in the crime without actually develop a policy that harmonizes en- recovering that firearm. The legisla- ergy and environmental policies, and LAW ENFORCEMENT NEEDS A NA- tion also contains strict provisions to acknowledge that the economy and TIONAL BALLISTICS IMAGING stating that the ballistics information the environment are vitally inter- NETWORK regarding individual guns may not be twined. Mr. LEVIN. Madam President, last used for prosecutorial purposes unless As I has to be a policy that broadens Sunday the news program ‘‘60 Min- law enforcement officials have a rea- our base of energy resources to create utes’’ reported on an exciting new tech- sonable belief that a crime has been stability, guarantee reasonable prices, nology called ballistic fingerprinting, committed and that ballistics informa- and protect America’s security. It has which is currently underutilized by our tion would assist in the investigation to be a policy that will keep energy af- Nation’s law enforcement organiza- of that crime. fordable. Finally, it has to be a policy tions. Each time a gun is fired, it in- I believe this is sensible legislation that won’t cripple the engines of com- scribes a unique pattern on each bullet. that will strengthen law enforcement’s merce that fund the research that will This marking is referred to as a bal- ability to effectively track down crimi- yield future environmental protection listic fingerprint. The ‘‘60 Minutes’’ re- nals. This technology has worked for technologies.

VerDate Jan 31 2003 23:43 Feb 14, 2003 Jkt 019060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\CR\FM\A13FE6.125 S13PT2 February 13, 2003 CONGRESSIONAL RECORD — SENATE S2447 I believe the passage of an ethanol DEPLOYMENT OF TROOPS IN demonstrate our firm commitment to bill will protect our energy independ- EUROPE those countries. ence, our economy, and our environ- Mr. SMITH. Madam President, I rise Doing so would also reflect new geo- ment. today to speak for a few moments political realities: first, we have coop- Increasing the use of renewable fuels about, what I feel, is a very important erative and constructive relations with such as ethanol will protect our energy issue—regarding NATO and the deploy- Russia, and secondly, points to the independence. Given the current situa- ment of great armed forces in Europe. south of Europe will continue to re- tion in the Middle East, perhaps our I, like many of my colleagues, have quire more of our attention. As Secretary Rumsfeld has noted, greatest energy challenge is to reduce watched and listened with concern to while ties between the people of Ger- our reliance on foreign sources to meet some of our European allies’ thoughts many and America remain strong, on a our energy needs. As my colleagues and actions regarding the inspections governmental level, our bilateral rela- know, the United States currently im- in Iraq. ports about 58 percent of our crude oil. It has caused many in this town, both tions are increasingly out of sync. I couldn’t agree more. President Bush has stated repeatedly in this Chamber and in the government that energy security is a cornerstone Well before Mr. Schroeder began his to ponder the merits of some of our al- attacks on President Bush and before for national security and it is crucial lies that are new members of NATO that we become less dependent on for- the incessant German criticism of the . . . and the fine job they have done in administration’s efforts to combat ter- eign sources of oil and look more to do- supporting this Nation on fledgling mestic sources to meet our energy rorism and the threat posed by Iraq— budgets but with the heart of gold and Germany had imposed increasing and needs. Ethanol is an excellent domestic fervor of patriotism often found in new burdensome restrictions on the way source—it is a clean burning, home- democracies. the U.S. military could maneuver and grown renewable fuel that we can rely I believe that it is high time that we train in Germany. on for generations to come. consider the merits of a limited rede- Basing and operating costs in Ger- Creating a greater market for eth- ployment of some U.S. forces either on many one of the most industrialized anol will protect our economy. Ethanol a permanent or rotating basis from and rich nations of Europe are high. is good for our Nation’s economy and, Germany to alternative locations in Though start-up costs of relocating in particular, good for Ohio’s economy. Eastern and Southern Europe. some U.S. forces to countries such as Ohio is sixth in the Nation in terms of The current alignment of U.S. forces Poland or Romania might be high, over corn production, and an increase in the in Europe, particularly their con- time such relocation would present use of ethanol across the Nation means centration in Germany, reflects a geo- savings. an economic boost to thousands of political reality that no longer exists. Some Eastern or Southern European farm families across my State. Ohio is There has not been significant enough countries would be keen to host U.S. one of the Nation’s leading consumers realignment of capabilities and assets forces, either permanently or on a ro- of ethanol, with 40 percent of the gaso- since the fall of the Berlin Wall. tating basis. line consumed in the State containing We no longer expect Soviet tanks to They would welcome a U.S. military ethanol. Because of the economic bene- come rolling over the Folda Gap. Why presence for the strategic and political fits of increasing consumption of eth- are U.S. forces, therefore, still on a dividends involved, and not least for anol, Ohio has placed a tremendous em- cold war footing? the positive economic impact that this phasis on expanding its use and is ac- During the 1990s, America and its al- would entail. They would welcome us tively pursuing opportunities to build lies agonized over the future of NATO. in the spirit of friendship. ethanol production plants. Now that we have reaffirmed that In particular, I think the administra- Expanding the use of ethanol will NATO will continue to exist and grow, tion should strongly consider rede- protect our environment. Increasing and that the U.S. will remain engaged ploying NATO forces to Poland, Roma- the use of ethanol will help reduce auto in Europe, we should ask ourselves nia and Bulgaria. Poland has bases and emissions, which will clean the air and what it should look like and how it can training grounds well-suited for U.S. improve public health. best serve our national and common se- military training, while Romania and The language that is being intro- curity interests. Bulgaria are both in the process of up- duced today is identical to the ethanol As attention turns to the Middle grading their bases under the terms of title passed by the Senate in last year’s East, we should be thinking about their NATO membership. comprehensive energy bill. It is impor- where our troops should be stationed Operating with fewer restrictions tant to note that while this body over- over the longer term. Given that the than on German bases will allow Amer- whelmingly supported inclusion of an military flashpoints in the future are ican troops to train more effectively, ethanol title in that bill, there were likely to revolve around the Caucuses, thus maintaining military readiness at some significant issues raised during Iraq, the Middle East and North Africa, the highest possible level. debate on this provision. closer proximity of U.S. troops is of the Redeployment of U.S. forces to Ro- As chairman of the Clean Air Sub- utmost necessity. mania and/or Bulgaria would ease stra- committee, I intend to hold hearings Since Berlin has long ceased to be tegic pressure on Turkey, a vital Amer- on, and to mark up, this legislation so the fault line for military conflict, I ican ally. that it can be included in this Con- urge my colleagues and the Adminis- With its location near the center of gress’ version of comprehensive energy tration to consider redeploying U.S. the world’s least stable regions, we legislation. I know that Senator troops from Germany in a direction, should not leave Ankara to stand as INHOFE, Chairman of the Environment and in a manner, that reflects the chal- the sole pressure point when the U.S. and Public Works Committee, has some lenges of the future rather than the projects forces eastward and southward strong issues with the way that MTBE past. from Europe. is dealt with in this legislation, and I I was proud to support the inclusion Someday the political situation intend to work closely with him to see of Czech Republic, Hungary and Poland might force even a generally friendly that those issues are resolved before we into NATO. I am also supportive of the Turkish government to resist America move forward with this bill. aspiration of others to join that Alli- using Turkey as a staging point. Amer- I was delighted that the Senate was ance and to make the democratic and ican bases in Bulgaria and Romania able to come together and craft a bi- budgetary reforms necessary to bolster would shift some of the burden from partisan agreement on ethanol during their candidacy. this hard-pressed American friend. the last Congress. It is my hope that I am proud that seven other nations, Likewise, bases in Bulgaria and Ro- that spirit of bipartisanship will con- including Bulgaria and Romania, are mania would provide the Turks, who tinue throughout this Congress and candidates for membership. will remain key partners in the new that we can finally enact a comprehen- By deploying U.S. forces to new loca- era, the diplomatic cover to continue sive national energy policy that in- tions to the East or South of Germany, to assist the U.S. cludes ethanol as one of its key provi- to nations that enjoy new or prospec- Nations that have escaped the yoke sions. tive membership in NATO, we would of communism in Central and Southern

VerDate Jan 31 2003 23:43 Feb 14, 2003 Jkt 019060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\CR\FM\A13FE6.127 S13PT2 S2448 CONGRESSIONAL RECORD — SENATE February 13, 2003 I was proud to support the inclusion Someday the political situation serve as an incentive tool to recruit of Czech Republic, Hungary and Poland might force even a generally friendly physicians to practice in Health Pro- into NATO. I am also supportive of the Turkish government to resist America fessional Shortage Areas (HPSAs) by aspiration of others to join that Alli- using Turkey as a staging point. Amer- providing a 10 percent Medicare bonus ance and to make the democratic and ican bases in Bulgaria and Romania payment. There are approximately budgetary reforms necessary to bolster would shift some of the burden from 2,800 federally designated HPSA’s—75 their candidacy. this hard-pressed American friend. percent of which are located in rural I am proud that seven other nations, Likewise, bases in Bulgaria and Ro- areas. In my State of Wyoming, over including Bulgaria and Romania, are mania would provide the Turks, who half of the counties are designated as a candidates for membership. will remain key partners in the new Health Professional Shortage Area and By deploying U.S. forces to new loca- era, the diplomatic cover to continue have a difficult time recruiting physi- tions to the East or South of Germany, to assist the U.S. cians. to nations that enjoy new or prospec- Nations that have escaped the yoke Unfortunately, this well-intended tive membership in NATO, we would of communism in Central and Southern program has not worked well due to demonstrate our firm commitment to Europe have been among the most ac- the burden if places on providers. those countries. tive and outspoken supporters of U.S. Under the current MIP programmatic Doing so would also reflect new geo- policy particularly the global war on structure, physicians are required to political realities: first, we have coop- terrorism and U.S. efforts to contain determine if the patient encounter oc- erative and constructive relations with Iraq and North Korea. curred in designated underserved areas, Russia, and secondly, points to the Perhaps that is because these na- they must attach a code modifier to south of Europe will continue to re- tions, unlike their continental neigh- the billing claim and must undergo a quire more of our attention. bors to the West, know what it is like stringent audit. Additionally, there is As Secretary Rumsfeld has noted, to live without security, freedom and evidence that many physicians who while ties between the people of Ger- democracy. would be eligible are not even aware of many and America remain strong, on a As we move forward on this critical the program. governmental level, our bilateral rela- issue, Congress should authorize and The legislation we are introducing tions are increasingly out of sync. the Administration should thoroughly I couldn’t agree more. today alleviates the administrative Well before Mr. Schroeder began his study, the military and financial impli- burden on rural physicians by requir- attacks on President Bush and before cations of European redeployment. ing Medicare carriers to determine eli- the incessant German criticism of the It is also an issue to broach with the gibility. The Medicare Incentive Pay- administration’s efforts to combat ter- Russian Federation, as it may require ment Program Improvement Act of rorism and the threat posed by Iraq— renegotiation of the Treaty Conven- 2003 also requires the Centers for Medi- Germany had imposed increasing and tional Armed Forces in Europe. We care and Medicaid Services to establish burdensome restrictions on the way must emphasize that it is not directed a MIP education program for providers the U.S. military could maneuver and at Moscow but rather can form the and establishes ongoing analysis of the train in Germany. basis of a closer NATO-Russia relation- MIP program’s ability to improve ac- Basing and operating costs in Ger- ship. cess to physician services for Medicare many one of the most industrialized I would note that a few days ago, beneficiaries. and rich nations of Europe are high. Senators SHELBY, BUNNING, ALLARD, All physicians are struggling with Though start-up costs of relocating COLLINS, SESSIONS, BROWNBACK, last year’s Medicare payment reduc- some U.S. forces to countries such as MCCAIN, KYL, HUTCHINSON, CRAIG, EN- tion of 5.4 percent and with the possi- Poland or Romania might be high, over SIGN, SANTORUM, WARNER and I sent a bility of another 4.4 percent reduction time such relocation would present letter to Secretary of Defense Rums- on March 1 of this year. These payment savings. feld requesting that the Department of cuts combined with an ever-increasing Some Eastern or Southern European Defense undertake an immediate study regulatory burden to participate in the countries would be keen to host U.S. of U.S. bases in Europe that should be Medicare program and escalating med- forces, either permanently or on a ro- geared to U.S. national interests. ical malpractice premiums have begun tating basis. We asked that issues considered in to impact senors’ access to care. As They would welcome a U.S. military such a study include, but not be lim- rural providers tend to be dispropor- presence for the strategic and political ited to: force structure, length of de- tionately impacted by Medicare pay- dividends involved, and not least for ployment, infrastructure, dependents ment cuts, it has never been more im- the positive economic impact that this and dependent housing and services, portant to ensure that the few rural would entail. They would welcome us and costs regardless of category. physician incentive programs that in the spirit of friendship. I believe that was a good first step exist have a positive effect on the sta- In particular, I think the administra- toward thinking about the issue of de- bility of our rural health care delivery tion should strongly consider rede- ployment of our forces in Europe. I system. I strongly urge all my Senate ploying NATO forces to Poland, Roma- think that we should do more on this colleagues interested in rural health to nia and Bulgaria. Poland has bases and issue and I will work towards that end. cosponsor the Medicare Incentive Pay- training grounds well-suited for U.S. f ment Improvement Act of 2003 military training, while Romania and THE MEDICARE INCENTIVE PAY- f Bulgaria are both in the process of up- MENT PROGRAM IMPROVEMENT CONSERVATION SECURITY grading their bases under the terms of ACT OF 2003 PROGRAM their NATO membership. Operating with fewer restrictions Mr. THOMAS. Madam President, I Mr. HARKIN. Mr. President, I came than on German bases will allow Amer- am pleased to introduce S. 379, the to Congress in 1975 and served in the ican troops to train more effectively, Medicare Incentive Payment Program House until 1984, when I was elected to thus maintaining military readiness at Improvement Act of 2003, with my dis- the Senate. As a member of the House the highest possible level. tinguished colleague, Senator BINGA- Agriculture Committee and later the Redeployment of U.S. forces to Ro- MAN. This legislation makes important Senate Agriculture Committee I have mania and/or Bulgaria would ease stra- improvements to the current Medicare always known the importance of agri- tegic pressure on Turkey, a vital Amer- Incentive Payment (MIP) Program. culture conservation. My home State ican ally. These refinements will go a long way of Iowa is rich in agriculture and also With its location near the center of in ensuring eligible rural physicians re- rich in the tradition of conservation. the world’s least stable regions, we ceive the Medicare bonus payment to But even in Iowa, we recognize the should not leave Ankara to stand as which they are entitled. need for more conservation. For dec- the sole pressure point when the U.S. The Medicare Incentive Payment ades we had cost-share money available projects forces eastward and southward Program was created in 1987 under the for producers through the Agriculture from Europe. Omnibus Budget Reconciliation Act to Conservation Program. But, it was not

VerDate Jan 31 2003 23:53 Feb 14, 2003 Jkt 019060 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.119 S13PT2 February 13, 2003 CONGRESSIONAL RECORD — SENATE S2449 until 1990 that a farm bill took the major commodity groups, like the highest level of all conservation pro- next critical step toward conservation American Farm Bureau Federation, grams. by including my Water Quality Incen- the American Soybean Association, Why else is CSP so important? For tives Program. This program, for the National Corn Growers Association, many reasons—It is the first program first time in agriculture history, in- Sustainable Agriculture Coalition, De- that provides a comprehensive ap- cluded incentive payments for pro- fenders of Wildlife, Sierra Club and proach covering the full range of con- ducers. The basic concepts and prin- many others. Moreover, we worked ex- servation and environmental issues re- ciples of WQIP were the foundation for tensively with the USDA. Eventually, lated to working lands, and enables the Environmental Quality Incentives we developed a program embraced by participation based on one unified, Program, EQIP, included in the 1996 both commodity and conservation site-specific conservation plan. farm bill. EQIP, which expanded be- groups alike. CSP helps rebalance conservation yond water quality to all natural re- But, the evolution of CSP continued funding in support of incentives for sources, was a fundamental advance- through the development of the farm land in production so that producers ment for conservation on working bill. As the Senate worked on the farm don’t have to retireland and stop farm- ing in order to benefit. CSP is open to lands. bill, Senator LUGAR, Senator SMITH However, even with these advances and I continued to modify the CSP to producers of all types of crops and all we were still spending over 90 percent ensure that the environmental benefits parts of the country. CSP, for the first of conservation dollars on land retire- were maximized and that farmer access time, pays producers in recognition of the public nature resource and environ- ment programs, namely CRP and WRP. was paramount. Senator LUGAR and I mental benefits provided on working While these two programs are criti- developed joint principles on the farm farms and ranches, including mainte- cally important, it became abundantly bill, including for the conservation nance payments for active manage- clear that conservation on working title. While both Senator LUGAR and I ment of already adopted practices. lands needed to be addressed. EQIP was vocally supported a strong conserva- And, CSP is compatible with our trade hugely popular among farmers and tion title, we took time to refine the obligations under WTO. ranchers, but the dollars were limited CSP. As a result of our bipartisan That is why major commodity and and many, many, many producers were work, the conservation title, including conservation groups support CSP. left stranded—unable to access this a CSP without an arbitrary funding Groups including, Cotton Council, program. limit of the Senate Agriculture Com- American Farm Bureau Federation, Moreover, a growing resentment mittee unanimously. American Soybean Association, Na- from good conservationists was brew- But, our work on the CSP was far tional Association of Wheat Growers, ing over the EQIP funding. Too many from over. As we moved into con- National Corn Growers Association, good stewards of their lands were left ference with the House, we again National Farmers Union, National out of the conservation programs. worked to improve CSP. We worked Milk Producers Federation, United Those who worked hard, using their tirelessly and carefully to refine the Fresh Fruits & Vegetables, U.S. Rice own resources and ingenuity, were not CSP and make sure that it was accept- Producers, American Farmland Trust, recognized by USDA agriculture con- able to all members of conference. This Defenders of Wildlife, National Asso- servation programs. was not a simple process. The Farm ciation of Conservation Districts, Na- As I traveled the countryside, it be- bill conference took months, and the tional Audubon Society, Pheasants came abundantly clear that change was conservation title was debated during Forever, Sierra Club, Trout Unlimited, necessary. I heard from many pro- the entire process. I personally engaged Union of Concerned Scientists and ducers that we finally needed a good in weeks of negotiations on the CSP. many more. Despite the Administra- strong conservation program open to Because I understood the critical im- tion’s contention that it supports vol- all producers, not just a few select pro- portance of including a CSP without a untary conservation programs in the ducers. And, they told me that we funding cap in the final bill, I made farm bill, we have found that their needed a conservation program that re- many concessions on the farm bill. words are not matched by their ac- warded those committed stewards of Finally, after months of debate, the tions. In fact, the Administration has the land, instead of excluding them. conference agreed to include CSP as an actively worked to undermine con- During the development of the farm uncapped program—one open to all pro- servation programs. bill, I continued to press for an ex- ducers who meet requirements of the Just recently, the Administration de- panded conservation title. To expand program and one that would have a scribed CSP as having ‘‘a unique role and improve the existing conservation budget baseline in the future as the among USDA conservation programs. programs and to finally add a new con- program grew. The farm bill was a It identifies and rewards those farmers servation program which I called the carefully negotiated bill that required and ranchers who meet the highest Conservation Security Program—a pro- a delicate balancing of all concerns. standards of conservation and environ- gram to secure the right of all Amer- When President Bush signed the 2002 mental management on their oper- ican farmers and ranchers to access farm bill last May, we all celebrated ations, creates powerful incentives for conservation dollars to adopt and the historic increase in conservation other producers to meet those same maintain conservation practices on spending for existing and new pro- standards of conservation performance their lands. We did not put a cap on the grams. For the first time ever, the on their operations, and provides pub- CSP so that all producers who would farm bill took a monumental step for- lic benefits for generations to come.’’ carry out conservation and meet the ward toward truly addressing conserva- Despite this glowing endorsement, requirements could enroll in it. The tion of natural resources on our farms the Administration has attacked CSP— CSP was a novel approach to conserva- and ranches in the form of the CSP. by proposing to cut back CSP to a tion—it adopted the well-accepted full The CSP, by its uncapped nature, en- strict $2 billion for 10 years in the FY04 participation principle in our com- sured for the first time that all farmers budget and by pushing to cap CSP to modity programs. That is the most and ranchers who meet the require- only $3.77 billion in this omnibus ap- unique factor of CSP. I first proposed ments may participate in an agri- propriations bill. The manner in which CSP in 1999 and over the next three culture conservation program. Again, the CSP was capped was unfair. It years CSP evolved into the it was uncapped nature of this program began with a small provision in the groundbreaking program that was in- that provided for this program that House agriculture appropriations bill cluded in the 2002 farm bill. Prior to provided for this giant step for con- by limiting CSP as a pilot program in the final product, the CSP was intro- servation—for both our farmers and FY03 in my home state of Iowa. duced in a bipartisan manner on both ranchers and the environment. But as time went on and the major- the House and the Senate in 2001. I must restate that the CSP will gen- ity developed an inadequate disaster Senator SMITH of Oregon and I erate real environment benefits. The bill—one that doesn’t provide the nec- worked hard on developing this impor- design of CSP mandate these benefits. essary support farmers need, they de- tant program. It took long hours of ne- Producers are required to maintain or cided they needed an offset for the pro- gotiation involving staff together with adopt conservation practices at the gram. So, for the first time, we have

VerDate Jan 31 2003 23:53 Feb 14, 2003 Jkt 019060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\CR\FM\A13FE6.171 S13PT2 S2450 CONGRESSIONAL RECORD — SENATE February 13, 2003 now created a horrible precedent of re- ous matter. This is a dangerous precedent, approach, such as that advocated by quiring an offset for disaster payments. which we strongly opposed throughout the Senator BREAUX. And, where did the Administration go course of these negotiations. We in Congress should consider it a for this offset? The farm bill which was ‘‘This is a warning to farm legislators and moral imperative to help everyone get the farm community at large to be vigilant. just passed nine months ago. And, It will be a constant effort to ensure that the access to affordable health coverage. more importantly, what did the Ad- Farm Bill remains a valuable asset to Amer- The number of uninsured people in ministration attack first—the con- ica’s farmers and ranchers. While this legis- America is an outrage, and every un- servation title. lation will help farmers who are hurting necessary death is a tragedy. If 18,000 During the farm bill, the CSP was right now, we must make certain that in Americans died in terrorist incidents scored by CBO for $2 billion, but as the providing this assistance, we don’t harm each year, there would be widespread popularity and producer support and American agriculture in the long term.’’ outrage. excitement for this program grew, CBO f Yet tens of thousands of uninsured rescored this program for significantly UNINSURED AMERICANS Americans are at risk of dying each more. In fact, the most recent score for year from cancers diagnosed too late, CSP is $6.8 billion. Instead of seeing a Mr. SMITH. Madam President, as I or stroke from uncontrolled high blood wonderful vehicle to accomplish con- rise today to speak before my col- pressure. These can be slow, painful servation on the ground, the Bush Ad- leagues in the 108th session of the US deaths. ministration viewed CSP as a cash Congress, I have a sense of deja vu. They are preventable deaths. We can cow—one to attack to pay for disaster While I have only been a member of the help prevent these deaths. We should payments. So, without any ability for Senate since 1997, I have already seen help prevent these deaths. With the debate, in the quiet of the night behind the issues of prescription drugs for sen- help of my colleagues, we will help pre- closed doors the Administration under- iors and health care for the uninsured vent these deaths by committing our- mined the most important conserva- come and go—unresolved—a number of selves to substantial reform this con- tion program ever authorized—a con- times. And while we continue to dis- gress. cuss the issues to death, people are servation program open to all pro- f ducers and capped the CSP. This cap dying. ADDITIONAL STATEMENTS fundamentally changes the CSP. According to a recent report by the No longer can all producers have the Institute of Medicine, an estimated 18,000 people die every year because security of knowing they can partici- HISTORIC DEERFIELD CELE- pate in a conservation program, no they don’t have health insurance, and don’t get the care they need in a time- BRATES ITS 50TH ANNIVERSARY longer can the promised environmental ∑ benefits of the conservation title of the ly fashion. Eighteen thousand deaths a Mr. KENNEDY. Madam President, farm bill guaranteed. By capping this year. And millions more people suffer 2002 marked the 50th anniversary of the program—unintended restrictions on unnecessarily due to delays in care, or incorporation of Historic Deerfield. participation will follow and the base- lack of access to care. We need to do Founded in 1952 by Mr. and Mrs. Henry line we worked so hard to develop and something substantial, and we need to Needham Flynt of Greenwich, Crt, the so carefully negotiated in the farm bill do it now. western Massachusetts museum com- is gone. And, we have greatly hindered We have all heard the numbers, but plex is located within the 330-year-old the most promising program we had for they are so staggering that I have to village of Deerfield, called ‘‘the gem of meeting our WTO obligations in the fu- mention them again. Today—right now rural New England’’ by the National ture. as I speak—41 million Americans are Trust for Historic Preservation. Cited It is clear today that the Administra- living, working, and going to school often as the best documented small tion is bent on undermining conserva- without health insurance. That’s one community in America, Deerfield at- tion practices and the CSP. It is clear in every six Americans or 17 percent of tracts scholars, curators, and students that its words of praise for conserva- our hard-working citizens who do not to study the history of New England tion cannot be reconciled with its de- have health insurance. They are our using the village’s rich manuscript an structive measures. friends, our neighbors, our children, research holdings. And, tourists and our parents. travelers from throughout the world The colloquy between Senator STE- Many—more than 35 million of these encounter the story of early America VENS, Senator COCHRAN, Senator uninsured Americans –are in low-in- in the parlors and kitchens of Deer DASCHLE, Senator FRIST and me en- tered into on passage of the Omnibus come working families. Many people Field’s old houses and along its mile- Appropriations bill on February 13, will who work in small businesses are not long thoroughfare simply called, ‘‘The hopefully lead to correcting this mis- offered health insurance, and those Street.’’ take on the next supplemental appro- who are often cannot afford the sky- Surrounded by more than 1,000 acres priations bill. rocketing premiums. My family owns a of actively farmed meadows, Historic I ask unanimous consent that a business, and I know what small busi- Deer Field’s museum houses and deco- nesses go through. rative art galleries are filed with more statement by Congressman GOODLATTE We want to provide health care to than 30,000 objects made or used in be printed in the RECORD. There being no objection, the mate- our hard working employees as much America between 1650 and 1850. This rial was ordered to be printed in the as they want us to offer it, but it is be- carefully preserved community of 18th coming so expensive and so bureau- and 19th century houses and the re- RECORD, as follows: cratic, it grows more difficult every nowned collections of antiques within [From the House Agriculture Committee, Feb. 13, 2003] year. This Congress has its work cut them are framed by working farms in a out—strengthening the economy, fight- quintessential New England village CHAIRMAN GOODLATTE’S STATEMENT CON- ing a war, creating a prescription drug that travelers are delighted to dis- CERNING THE FINAL OMNIBUS SPENDING BILL AND THE DROUGHT ASSISTANCE PROVISION benefit for our Nation’s seniors. These cover. ‘‘We are pleased that the final drought as- are just a few of the important pieces In 1936 Henry and Helen Flynt en- sistance provision provides targeted disaster of business before us this year. But the rolled their son at Deerfield Academy, relief to those farmers who need it the most. problem of the uninsured will not go a college preparatory school founded in It is my hope that this approach will help away—to the contrary, the ranks of the 1797. The couple was amazed at the re- countless American farmers avoid dev- uninsured are growing by millions markable but fragile state of preserva- astating financial circumstances. I am every year. tion of the village’s houses and build- pleased that it is paid for. A crisis of this magnitude is going to ings dating back to the early 18th cen- ‘‘However, the Committee is greatly con- require fundamental change, either tury. Many were ghosts of their former cerned that it is paid for out of a carefully negotiated Farm Bill, and would have pre- through a series of incremental steps, selves, but still lived in by descendants ferred that the funds had been found else- such as helping lower income Ameri- of the proud families that had survived where. Breaking open the Farm Bill, before cans buy insurance or by spreading in- the infamous Deerfield Massacre of it has even been implemented, is a very seri- surance risk, or by adopting a bold new 1704. In those years preceding World

VerDate Jan 31 2003 23:53 Feb 14, 2003 Jkt 019060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\CR\FM\A13FE6.174 S13PT2 February 13, 2003 CONGRESSIONAL RECORD — SENATE S2451 War II, Henry Flynt’s great passion for sisting the residents of eastern Oregon Certainly, in light of recent cor- America was stirred as he realized that with such tasks as Social Security re- porate scandals, FBLA–PBL’s dedica- this little village, founded by English tirement, disability and supplemental tion to promoting business ethics is of settlers in 1669 and whose meadows income benefits; Medicare enrollment; great importance. were inhabited by native peoples for and trouble shooting problems is a gar- Business cannot advance without thousands of years before, had wit- gantuan task. In each of these endeav- such virtues as cooperation, courage, nessed the great events of this coun- ors, Dale is superb. honesty, industry, innovation, practi- try’s history. Besides supervising employees and cality, and realism. It needs the rule of Encouraged by Deerfield Academy’s managing an office, Dale is also the law, respect for the truth, and an edu- legendary Headmaster Frank Learoyd point of contact for congressional staff. cated populace. No matter how strong Boyden, the Flynts began to purchase Dale is at the head of the class of Or- the business model, a loss of confidence several of the old houses and restore egon congressional liaisons. He is effi- in these basic values can be cata- their ells and early additions as dor- cient, effective, and positive in helping strophic—not just to individual inves- mitory space for the school’s growing me serve my eastern Oregon constitu- tors, but to the company or institu- student body. Their interest in every ents. Dale has gone beyond the call of tion. This is exactly what happened in American history and the decorative duty numerous times helping my staff the collapse of Enron and problems arts blossomed simultaneously and answer Social Security questions and with WorldCom and others. Now, more soon the Flynts were restoring the old solving problems for my constituents. than ever, America needs strong, moral houses not as dormitories but as muse- He is a true civil servant hero. leaders. ums filled with their growing collec- Beyond his work as a Federal em- I wish FBLA–PBL well as they con- tion of the finest antiques then avail- ployee, Dale finds time to serve his tinue in the effort of helping to train able. community. Taking the example of his and instill the values of corporate citi- In 1945 the Flynts purchased the 1994 father, also a civil servant, Dale says: zenship for America’s Future Business Deerfield Inn and restored it for use by ‘‘If you’re an employee of the Federal Leaders.∑ Government, you have an obligation to parents visiting Deerfield Academy f students. In that same year they be active in the community it serves.’’ bought an old house for themselves and Dale took this advice to heart by IOWA WESLEYAN: ONE MILLION furnished it as their Deerfield resi- spearheading the Combined Federal HOURS OF SERVICE dence. By 1948 Historic Deerfield’s first Campaign, CFC, in eastern Oregon. ∑ Mr. HARKIN. Madam President, this CFC is the annual fundraising drive museum house—the Parson Jonathan month, Iowa Wesleyan College is mark- conducted by Federal employees in Ashley House—was opened to the pub- ing an important milestone—1 million their workplace. These dollars raised lic and in the ensuing 25 years 13 more hours of service by their students to benefit thousands of nonprofit char- houses were furnished as museums wel- the community. As we celebrate Na- ities. tional Volunteer Month, I would like coming growing numbers of visitors. Dale’s performance was so phe- Shortly before Henry Flynt’s death in to take a few moments to recognize nomenal, in 2001 he was awarded with this extraordinary achievement. 1970, a new research library was opened the civilian CFC Hero Award. This na- that also administers the extensive col- Iowa Wesleyan is a 161 year old lib- tional award is presented to only three eral arts college located in Mount lection of early Deerfield manuscripts winners annually, representing the owned by the village historical society, Pleasant, IA. The college is affiliated three areas of Federal service—civil- with the Methodist Church and The Pocumtuck Valley Memorial Asso- ian, military, and postal. He is a true ‘‘Learning in Community’’ has been ciation. Founded in 1880, this reposi- community hero. the central mission since its inception tory of local history and art still opens Despite these activities, Dale still its doors to visitors each year from finds time to be an active family man in 1842. This mission was formally inte- May to October. to his wife and three children. In order grated in 1968 with the establishment In 1998 a long held dream was realized to spend more time with his kids, he of the Responsible Social Involvement, when a new, 27,000-square-foot decora- decided to become involved in their fa- RSI, program. Initially begun as a way tive arts museum—the Flynt Center of vorite activities. That led Dale to serve to channel the strong desire of stu- Early New England Life—was opened. as an assistant scout master with the dents to become socially active, RSI With galleries for changing exhibi- Boy Scouts and an assistant troop was adopted as a requirement for grad- tions, a unique storage display of more leader with the Girl Scouts. Dale also uation in 1971. than 3000 objects appropriately called volunteers with the Umatilla County Students must contribute a min- the Museum’s Attic, and expanded lec- United Way. He is a true family hero. imum of 160 hours of service to a non- ture and public program space, the Exemplary civil servant. Community profit organization. They record their Flynt Center was the culmination of a volunteer. Family man. These are just experiences in a journal, write a paper $12 million capital campaign that at- a few of the many characteristics that reflecting on the experience and make tracted gifts from more than 800 indi- make Dale Hilding an exceptional cit- an oral presentation to a faculty com- viduals, foundations, and corporations izen of Oregon. It is with great respect mittee. Students receive 6 hours of col- throughout America and abroad. that I, too, call Dale ‘‘hero.’’∑ lege credit for their service. For 35 years, Iowa Wesleyan students I congratulate Historic Deerfield on f the occasion of its 50th anniversary, have served in all types of jobs and all and I send my best wishes for 50 more FBLA–PBL WEEK kinds of communities. Students have great years.∑ ∑ Mr. BROWNBACK. Madam President, served as mentors with Big Brother/Big f I rise today to acknowledge Future Sister and volunteered for organiza- Business Leaders of America-Phi Beta tions including the American Red OREGON COMMUNITY HERO Lambda, (FBLA–PBL), and its work to Cross, Habitat for Humanity and Spe- ∑ Mr. Smith. Madam President, as we improve the America in which we live. cial Olympics. Students have served in celebrate Valentine’s Day by sharing Over the past 60 years, FBLA–PBL schools, orphanages and hospitals our love with those dear to our hearts, has been training America’s business around the world. They have contrib- I find it fitting today to honor a man leaders. This week—February 9–15— uted their time and talent in commu- who has given his love, time, and dedi- over a quarter million FBLA–PBL nities from Mount Pleasant, IA to Ja- cation to all those he serves. Mr. Dale members observe FBLA–PBL Week in karta, Indonesia. Hilding of my home town of Pendleton, their local chapters and communities Since 1968, Wesleyan students have OR, is an exemplary civil servant, com- all over America. Through partnering provided companionship to nursing munity volunteer, and family man. with businesses and performing com- home residents, tutored children on In- Both literally and figuratively, he is a munity service projects, FBLA–PBL dian reservations, coached athletic hero in every sense of the word. members gain an understanding of the teams and the list goes on. Over the Dale serves as the manager of the rights and responsibilities in becoming years, 5000 Wesleyan students have Pendleton Social Security office. As- tomorrow’s business leaders. logged 1 million hours of service—or

VerDate Jan 31 2003 23:53 Feb 14, 2003 Jkt 019060 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\CR\FM\A13FE6.034 S13PT2 S2452 CONGRESSIONAL RECORD — SENATE February 13, 2003 more than 114 years of service. The RSI to accept an important new position at tions of decorative arts and the 18th program has been a life changing expe- Historic Deerfield upon his retirement and 19th century houses in which they rience for many and has prompted as Executive Director, namely that of are displayed. Under his direction the many alumni to continue their volun- Senior Research Fellow.’’ museum has developed a reputation for teer efforts after graduation. It is im- Commenting on his plans to step excellence in programming, interpreta- possible to calculate the total impact down as Executive Director Friary tion, and the preservation of the his- of the program around the State, Na- said, ‘‘Guiding and fostering the devel- toric buildings and the open space en- tion and world. opment of Historic Deerfield over these trusted to its care. Friary was instru- In the first of its kind survey of U.S. past twenty-seven years has been an mental in forging an agreement of af- households, the National Bureau of extraordinary experience. The ability filiation for teaching and research be- Labor Statistics reported that 59 mil- of this institution to raise the funds tween Historic Deerfield and the Five lion Americans over the age of 16 vol- necessary to make possible the steady College consortium in 1986 and has, unteered between September 2001 and growth of the museum and library col- himself, taught several courses at September 2002. Although nearly 30 lections, the expansion of programs, Smith College through that affiliation. percent of our citizens are currently the increase in both the quality and In 1990 he was actively involved as a serving their communities, the need for number of staff, and one of the muse- founder of the Deerfield Land Trust, more volunteers is vast and I encour- um’s crowning achievements to date— which has, to date, saved more than age every person to get involved. Vol- the creation of the Flynt Center of 1600 acres of town farmland from devel- unteer work is the most rewarding ex- Early New England Life—has been opment. perience you will ever find. deeply rewarding for me during my As Historic Deerfield’s major fund- I am reminded of this fact every tenure as Director. Deerfield has been raiser, Friary, with some Historic week as a volunteer for the Everybody home to me and to my family, it has Deerfield Trustees and the museum’s Wins! Program where I spend the lunch shaped our lives and given much to us, development office staff, raised the hour reading with a student at Brent as we have given much to it. Now, I more than $12 million needed to design, Elementary. This is one of the most en- greatly anticipate doing what I have build and endow the Flynt Center of joyable parts of my week and I hoped to do since I first came here as a Early New England Life, which opened wouldn’t miss it for the world. Unfor- graduate student nearly forty years in 1998. In 2000, on the occasion of his tunately, there are too many children ago—undertake the research that will twenty-fifth anniversary as Executive and not enough volunteers, so please allow me to write and lecture about Director, the Center’s major exhibition get involved. the history of Deerfield and the His- space was named the Donald R. Friary You can check your local newspaper, toric Deerfield collections. I look for- Exhibition Gallery recognizing the role contact nonprofit organizations in ward to keeping in contact with our his leadership played in bringing this your areas or log on to the Internet to varied constituencies—our staff, our ambitious project to a successful con- find out about volunteer opportunities members and supporters, our Summer clusion. in your community. There are millions Fellows, and all who make this such a Friary began the Friends of Historic of volunteer jobs that need you. The unique and exciting place to live and Deerfield in 1976 and today 2000 mem- best way to recognize this milestone of work.’’ bers in 44 States and 7 foreign coun- 1 million hours of service by the stu- Donald Friary is one of the longest tries contribute a significant amount dents of Iowa Wesleyan College is to serving directors of a major American to the museum’s operating budget each join them. museum. He completed his twenty-sev- year. When the Deerfield Inn burned in Congratulations to the students, enth year at Historic Deerfield’s helm 1979, Friary led the Board of Trustees alumni and staff of Iowa Wesleyan Col- and thirty-seventh year on staff when in raising the $1.5 million necessary to lege for reaching this milestone. You he stepped down as the museum’s CEO repair, refurbish, and modernize the have made a real difference to your at the end of 2002. He was a graduate original 19th century building, which communities bullet.∑ student in 1965 when he accepted the remains today a centerpiece of the 333- f position of Head Tutor of the Historic year-old village for the thousands of Deerfield Summer Fellowship Program tourists and travelers who come to TRIBUTE TO DONALD FRIARY in Early American History and the Deerfield each year from throughout ∑ Mr. KENNEDY. Madam President, Decorative Arts. A native of Boston, the world. Donald R. Friary, Executive Director and a graduate of the Boston Latin Donald Friary’s colleagues and stu- and Secretary at Historic Deerfield School and Brown University, he holds dents note that among his many ac- since 1975, who has been on staff since a Ph.D. in American Civilization from complishments at Historic Deerfield 1965, will retire from his present posi- the University of Pennsylvania. He has been his adherence to the highest tion on December 31, as the western served as the museum’s first Director standards of excellence in the con- Massachusetts museum concludes a of Academic Programs from 1971 to 1973 servation and presentation of the mu- year-long celebration of its 50th anni- and was named Assistant Director and seum’s nationally renowned collections versary. Friary, who announced his re- then Executive Director in 1975. for the benefit of all who visit and tirement in early 2001, has been named Friary has been honored by election study at Historic Deerfield each year. Director Emeritus and on January 1, to the American Antiquarian Society, Friary summed up his personal hope 2003 will begin work as Historic Deer- the Colonial Society of Massachusetts, for the institution’s future in the inau- field’s Senior Research Fellow. In an- and the Massachusetts Historical Soci- gural issue of the museum’s semi-an- nouncing Donald Friary’s retirement, ety. He has served on the Boards of the nual magazine, published in Winter Henry N. Flynt, Jr., Chairman of the Bay State Historical League, the Dub- 2001, when he said, ‘‘Historic Deerfield museum’s Board of Trustees and son of lin Seminar for New England Folklife, must and will maintain the standards the museum’s founders said, ‘‘Historic the Massachusetts Foundation for the of excellence that inspired our founders Deerfield is profoundly grateful for Don Humanities, the Winterthur Museum’s Henry and Helen Flynt, that have guid- Friary’s energy, imagination and Education Committee, and the Hill- ed our staff and Trustees, and that con- strong leadership throughout his re- Stead Museum. He was a Trustee and tinue to assure our visitors that at His- markable twenty-seven years as Execu- then President of the Williamstown toric Deerfield they have access to the tive Director. The successful comple- Art Conservation Center where an en- story of New England’s and America’s tion of the campaign that made the dowed conservation fellowship bears past.’’ Flynt Center of Early New England his name. Friary brought the endowment phase Life a reality, exemplifies his extraor- Over the last three decades, Friary of the museum’s capital campaign to a dinary skills as both a leader and a has brought together a staff of cura- successful conclusion at the end of 2001 fundraiser. I reflect the Board’s deep tors, conservators, and other highly and has spent time in 2002 traveling appreciation for Don’s strong and skilled professionals in a variety of across the country celebrating Historic steady hand through the years. We are fields to manage, market and interpret Deerfield’s 50th anniversary with hun- particularly pleased that he has agreed Deerfield’s nationally renowned collec- dreds of constituents in several states.

VerDate Jan 31 2003 02:18 Feb 15, 2003 Jkt 019060 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\CR\FM\A13FE6.039 S13PT2 February 13, 2003 CONGRESSIONAL RECORD — SENATE S2453 In the last several months he has over- The obituary follows: ‘‘so I never really put down roots or had a seen preparations to launch a new cam- Composer Lou Harrison, who delighted Bay peer group.’’ paign to fund a Children’s Discovery Area audiences for decades with his tuneful, He studied music briefly at San Francisco spangly music as well as his exuberantly State University, then began private lessons Center, which is scheduled to open in with Cowell, who encouraged his interest in 2004. And, he is working on several col- generous personality, died of a heart attack Sunday night in Lafayette, Ind. He was 85. world music and nontraditional instru- laborative initiatives as the town of Mr. Harrison, a resident of Aptos (Santa mental techniques. Cowell also introduced Deerfield prepares to commemorate Cruz County) since 1953, was on his way to him to Cage, who would be a lifelong friend the tercentenary of its infamous 1704 Columbus, Ohio, for a weeklong festival of and artistic collaborator. French and Indian attack, which will his music sponsored by the Columbus Sym- After a brief stint at UCLA, where he en- phony Orchestra and Ohio State University. rolled in Arnold Schoenberg’s composition take place during 2004. seminar, Mr. Harrison moved to New York in On the occasion of his well-deserved According to Professor Donald Harris, Mr. Harrison, who disliked flying, was being 1943. There he wrote music criticism for the retirement, I salute Donald Friary for New York Herald Tribune under the aegis of his dedication and outstanding service transported in a university van from the Chi- cago train station to Columbus on Sunday Virgil Thomson and edited and premiered to Historic Deerfield, to the Common- night. The van had stopped at a roadside Ives’ Third Symphony, which won the com- wealth of Massachusetts and to the na- diner when he was stricken. He died at a poser a Pulitzer Prize. But Mr. Harrison found New York life too tion.∑ local hospital shortly afterward. stressful, and after a two-year teaching en- ‘‘He was just such a great friend to music, f gagement at Black Mountain College in to our planet and to everybody,’’ said San North Carolina, he settled in Aptos for good CONGRATULATING MISSOURI WIN- Francisco Symphony music director Michael in 1953. In subsequent years, he taught at NERS FOR THE NATIONAL ENGI- Tilson Thomas, an advocate who commis- Stanford University, San Jose State Univer- NEERS WEEK REGIONAL FUTURE sioned an orchestral piece from Mr. Harrison sity, Cabrillo College and Mills College. In CITY COMPETITION. to inaugurate his first concert season in 1995. 1963, he was one of the founders of the ∑ ‘‘We’re going to miss him greatly.’’ Cabrillo Music Festival, which continues as Mr. BOND. Madam President, I rise ‘‘This was an irreplaceable guy,’’ said com- today to congratulate three out- an annual celebration of new music. poser Charles Amirkhanian, executive direc- His nearest survivors are his sister-in-law, standing eighth grade students from tor of the Other Minds Festival, which hon- Dorothy Harrison, and two nephews. His Nipher Middle School in Kirkwood, ored Mr. Harrison in 2000. ‘‘The East Coast body was cremated, but other arrangements MO: Rebecca Peterson, Roger Alessi, had (Aaron) Copland, and we had Lou.’’ are incomplete. and Cait Hafer. These three students UNABASHEDLY BEAUTIFUL MUSIC In recent years, Mr. Harrison’s music was a won National Engineers Week Regional Spirited, rhythmically vibrant and un- frequent feature of San Francisco Symphony Future City Competition. abashedly beautiful, Mr. Harrison’s music in- programs, with the composer himself, in his The National Engineers Week Future corporated elements of Asian and Western trademark red flannel shirt and snow-white beard, beaming from a loge box. In addition City Competition provides a fun and styles in a highly personal synthesis. He had a fondness for the jangly, percussive sounds to ‘‘A Parade for M.T.T.,’’ premiered in 1995, exciting educational engineering pro- the Symphony has performed the Third Sym- gram for seventh and eighth-grade stu- of Asian music, and in addition to tradi- tional instruments, his scores often included phony, the Canticle No. 3 and the Organ Con- dents that combines a stimulating en- such devices as flowerpots, porcelain rice certo. His music is amply represented on the San gineering challenge with a hands-on bowls, garbage cans and oxygen tanks. Francisco record label New Albion. application to present their vision of a Many of these instruments were built in In 1998, Barry Jekowsky and the California collaboration with his life partner William city of the future. As a part of the com- Symphony released a disc of his music, in- Colvig, who died in 2000. Together, the two petition these students designed a city cluding the Fourth Symphony with jazz vo- men created a large orchestra of idiosyn- of the future which included decisions calist Al Jarreau as narrator. on population, waste management and cratic metal percussion instruments for Mr. Harrison’s interests extended far be- which Mr. Harrison wrote dozens of pieces. how the city would be run. After they yond music. He was a published poet and a He wrote copiously in traditional Western painter, and as a young man had been a designed the city, they constructed a forms as well, including symphonies, operas, model of the city from recycled mate- dancer as well—a fact he enjoyed relating to chamber and choral music. audiences in his later years, when his girth rials, completed an essay, and pre- What united all his music, though, was its made the idea seem incongruous. sented an oral presentation. essentially melodic nature. Whether shaped COMMITTED TO GAY RIGHTS These students have not only shown by medieval French dance rhythms, Java- nese modes or Korean harmonies, melody al- He was committed to gay rights long be- great leadership and team work, but fore the subject was common; his 1971 puppet they have also exemplified excellence ways was Mr. Harrison’s primary building block. opera ‘‘Young Caesar’’ focused on a gay love in problem solving and creativity. ‘‘These are melodies that stick with you affair of Julius Caesar’s. He was an ardent They have demonstrated merit in and are useful for everyday life,’’ Thomas pacifist and political activist. math, science, and computer knowl- said. ‘‘There are tunes by Lou Harrison that And he had more exotic passions as well— edge and I commend these exemplary are ideal for walking up a steep ridge, and Esperanto, bio-diesel, kenaf (a fiber related students on their hard work and this some that are good for falling asleep in a to the hibiscus that he touted as an eco- logically sound alternative to paper), callig- well deserved honor.∑ hammock. He had the gift for finding the tune that had the essence of a particular ex- raphy, American Sign Language and espe- f perience.’’ cially straw-bale construction. His straw- IN MEMORIAM: LOU HARRISON And in the face of orthodoxies favoring bale house in the Mojave Desert near Joshua Tree National Park, completed last year, ∑ structural integrity and fearless dissonance, Mrs. BOXER. Madam President, Mr. Harrison was never afraid to write music was a joyful retreat in his final months. That spirit of all-embracing receptivity one of our great American composers, that celebrated beauty for its own sake. Lou Harrison, died recently at the age ‘‘He was one of the very first composers to and openness to experience was evident ev- of 85. Mr. Harrison lived most of his bring back the pleasure principle,’’ said com- erywhere in his music. As he once told an life, including the last 50 years, in Cali- poser John Adams. ‘‘For those of us who interviewer, ‘‘There are so many musics that I’m attracted to. I’m fortunate that I laid fornia. He taught at a number of uni- came of age during the bad old days when rigor and theory and the atomization of mu- out my toys on a very large acreage when I versities and had been honored in many was very young.’’∑ ways in recent years, including by a sical elements was so in vogue, Lou provided a model of expressivity and sheer beauty.’’ f festival of his music at the San Fran- Mr. Harrison also was the last living link REPORT CONCERNING THE JUS- cisco Conservatory of Music. He was en to a tradition of American experimental route to another festival of his music, music that reached back to Charles Ives— TIFICATION OF THE AUSTRALIA sponsored by Ohio State University whose Third Symphony had its premiere in GROUP AND THE CONVENTION and the Columbus Symphony Orches- 1946 with Mr. Harrison conducting—and in- ON THE PROHIBITION OF THE tra, when he died. The San Francisco cluded such influential figures as Henry DEVELOPMENT, PRODUCTION, Chronicle recently published a Cowell, Harry Partch and John Cage. STOCKPILING AND USE OF thoughtful obituary written by its Lou Silver Harrison was born on May 14, CHEMICAL WEAPONS AND ON 1917, in Portland, Ore., and moved frequently THEIR DESTRUCTION—PM 16 chief classical music critic, Joshua as a child throughout the Pacific Northwest Kosman. I would like to print it in the and the Bay Area. By the time he graduated The PRESIDING OFFICER laid be- RECORD in honor of this great man and from Burlingame High School in 1934, he fore the Senate the following message his rich legacy. said, he had attended 18 different schools, from the President of the United

VerDate Jan 31 2003 02:18 Feb 15, 2003 Jkt 019060 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\CR\FM\A13FE6.041 S13PT2 S2454 CONGRESSIONAL RECORD — SENATE February 13, 2003 States, together with an accompanying ENROLLED BILL SIGNED EC–1184. A communication from the Chief General Counsel, Office of Foreign Assets report; which was referred to the Com- The message further announced that mittee on Foreign Relations: Control, Department of the Treasury, trans- the Speaker has signed the following mitting, pursuant to law, the report of a rule To the Congress of the United States: enrolled bill: entitled ‘‘Rules Governing Availability of In- Consistent with the resolution of ad- S. 141. An act to improve the calculation of formation—31 CFR part 501’’ received on vice and consent to ratification of the the Federal subsidy rate with respect to cer- February 5, 2003; to the Committee on Bank- Convention on the Prohibition of the tain small business loans, and for other pur- ing, Housing, and Urban Affairs. Development, Production, Stockpiling, poses. EC–1185. A communication from the Attor- and Use of Chemical Weapons and on The enrolled bill was signed subse- ney/Advisor, Department of Transportation, Their Destruction, adopted by the quently by the President pro tempore transmitting, pursuant to law, the report of a nomination for the position of Assistant (Mr. STEVENS). United States Senate on April 24, 1997, Secretary for Transportation Policy, re- I hereby certify pursuant to Condition At 7:54 p.m. a message from the ceived on February 10, 2003; to the Com- 7(C)(i), Effectiveness of the Australia House of Representatives, delivered by mittee on Commerce, Science, and Transpor- Group, that: Mr. Niland, one of its reading clerks, tation. Australia Group members continue announced that the House has agreed EC–1186. A communication from the Chair- to maintain equally effective or more to the following concurrent resolu- man of the Council, Council of the District of comprehensive controls over the export tions, in which is requests the concur- Columbia, transmitting, pursuant to law, the of: toxic chemicals and their precur- rence of the Senate: report on D.C. Act 14–590 ‘‘Standard Valu- sors; dual-use processing equipment; H. Con. Res. 35. Concurrent Resolution di- ation and Nonforfeiture Temporary Amend- recting the Clerk of the House of Representa- ment Act of 2002’’ received on February 10, human, animal, and plant pathogens 2003; to the Committee on Governmental Af- and toxins with potential biological tives to make a technical correction in the enrollment of H.J. Res. 2. fairs. weapons applications; and dual-use bio- EC–1187. A communication from the Chair- logical equipment, as that afforded by H. Con. Res. 41. Concurrent Resolution pro- viding for a conditional adjournment of the man of the Council, Council of the District of the Australia Group as of April 25, 1997; House of Representatives and a conditional Columbia, transmitting, pursuant to law, the and recess or adjournment of the Senate. report on D.C. Act 14–591 ‘‘Unemployment The Australia Group remains a viable Compensation Services Temporary Act of f mechanism for limiting the spread of 2002’’ received on February 10, 2003; to the chemical and biological weapons-re- MEASURES REFERRED Committee on Governmental Affairs. lated materials and technology, and The following bills were read the first EC–1188. A communication from the Chair- the effectiveness of the Australia and the second times by unanimous man of the Council, Council of the District of Group has not been undermined by Columbia, transmitting, pursuant to law, the consent, and referred as indicated. report on D.C. Act 14–584 ‘‘Cady’s Alley Des- changes in membership, lack of compli- H.R. 4. An act to reauthorize and improve ignation Act of 2002’’ received on February ance with common export controls and the program of block grants to States for 10, 2003; to the Committee on Governmental nonproliferation measures, or the temporary assistance for needy families, im- Affairs. weakening of common controls and prove access to quality child care, and for EC–1189. A communication from the Chair- nonproliferation measures, in force as other purposes; to the Committee on Fi- man of the Council, Council of the District of of April 25, 1997. nance. Columbia, transmitting, pursuant to law, the The factors underlying this certifi- H.R. 346. An act to amend the Federal report on D.C. Act 14–577 ‘‘Hotel Develop- Trade Commission Act to increase civil pen- ment Projects Labor Peace Agreement Act cation are described in the enclosed alties for violations involving certain pro- statement of justification. of 2002’’ received on February 10, 2003; to the scribed acts or practices that exploit popular Committee on Governmental Affairs. GEORGE W. BUSH. reaction to an emergency or major disaster THE WHITE HOUSE, February 12, 2003. declared by the President, and to authorize EC–1190. A communication from the Chair- the Federal Trade Commission to seek civil man of the Council, Council of the District of f penalties for such violations in actions Columbia, transmitting, pursuant to law, the brought under section 13 of that Act; to the report on D.C. Act 14–589 ‘‘Towing Vehicles MESSAGES FROM THE HOUSE Committee on Commerce, Science, and Rulemaking Authority Continuation Tem- Transportation. porary Act of 2002’’ received on February 10, At 7:11 p.m., a message from the 2003; to the Committee on Governmental Af- House of Representatives, delivered by The Committee on Small Business fairs. M. Niland, one of its reading clerks, an- and Entrepreneurship was discharged EC–1191. A communication from the Assist- nounced that the House agreed to the from further consideration of the fol- ant Secretary for Administration and Man- report of the committee of conference lowing measure which was referred to agement, Department of Labor, transmit- on the disagreeing votes of the two the Committee on Rules and Adminis- ting, pursuant to law, the report of a des- Houses on the amendment to the Sen- tration. ignation of acting officer for the position of S. Res. 55. Resolution authorizing expendi- Solicitor General, received on February 10, ate to the joint resolution (H.J. Res. 2) 2003; to the Committee on Health, Education, making further continuing appropria- tures by the Committee on Small Business and Entrepreneurship. Labor, and Pensions. tions for the fiscal years 2003, and for EC–1192. A communication from the Dep- f other purposes. uty White House Liaison, Department of The message also announced that the EXECUTIVE AND OTHER Education, transmitting, pursuant to law, House has passed the following bills, in COMMUNICATIONS the report of a nomination withdrawn for the which it requests the concurrence of position of Assistant Secretary, Department The following communications were the Senate: of Education, received on February 10, 2003; laid before the Senate, together with to the Committee on Health, Education, H.R. 4. An act to reauthorize and improve accompanying papers, reports, and doc- Labor, and Pensions. the program of block grants to States for temporary assistance for needy families, im- uments, which were referred as indi- EC–1193. A communication from the Assist- prove access to quality child care, and for cated: ant Secretary, Legislative Affairs, Depart- other purposes.. EC–1182. A communication from the Acting ment of Defense, transmitting, pursuant to H.R. 346. An act to amend the Federal Assistant Attorney General, Office of Legis- law, the report of a modification to Section Trade Commission Act to increase civil pen- lative Affairs, Department of Justice, trans- 609(b) of Public Law 101–162, received on Feb- alties for violations involving certain pre- mitting, pursuant to law, the 2001 Annual ruary 10, 2003; to the Committee on Com- scribed acts or practices that exploit popular Report describing the activities and oper- merce, Science, and Transportation. reaction to an emergency or major disaster ations of the Public Integrity Section, EC–1194. A communication from the Ha- declared by the President, and to authorize Criminal Division; to the Committee on the waiian Congressional Delegation, transmit- the Federal Trade Commission to seek civil Judiciary. ting, the report of the intent to address the penalties for such violations in actions EC–1183. A communication from the Gen- impact of the Compact of Free Association brought under section 13 of that Act. eral Counsel, Department of Defense, trans- (P.L. 99–239) between the United States and H.R. 395. An act to authorize the Federal mitting, pursuant to law, the report of pro- the Republic of the Marshall Islands (RMI) Trade Commission to collect fees for the im- posed legislation for the inclusion in the Na- and the Federated States of Micronesia plementation and enforcement of a ‘‘do-not- tional Defense Authorization for Fiscal Year (FSM); to the Committee on Energy and Nat- call’’ registry, and for other purposes. 2004; to the Committee on Armed Services. ural Resources.

VerDate Jan 31 2003 02:18 Feb 15, 2003 Jkt 019060 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\CR\FM\A13FE6.042 S13PT2 February 13, 2003 CONGRESSIONAL RECORD — SENATE S2455 PETITIONS AND MEMORIALS critical. For those who face the painful reali- accounts are subject to tight restrictions. ties of being unable to pay for vitally needed While most of the provisions are very pro- The following petitions and memo- medication, this is a crisis of its own: Now, ductive in ensuring fairness, one of the poli- rials were laid before the Senate and therefore, be it cies in place is proving to be counter- were referred or ordered to lie on the Resolved by the House of Representatives, productive. Currently, a participant with a table as indicated: That we memorialize the Congress of the flexible spending account must use all the POM–49. A resolution adopted by the City United States to expand Medicare to include money in the account by the end of each of Traverse City, Michigan relative to sup- a prescription pharmaceutical plan for low- year or forfeit the remaining funds. This is a porting men and women of armed forces; to income seniors; and be it further serious disincentive to participation. This the Committee on Armed Services. Resolved, That copies of this resolution be requirement not only presumes a person can transmitted to the President of the United predict exactly how much money will be RESOLUTION States Senate, the Speaker of the United spent on the covered activity in a year, but Whereas, the United States citizens, prop- States House of Representatives, and the it also ignores the fact that the money set erty, and armed forces personnel have been members of the Michigan congressional dele- aside for the intended purposes still belongs attacked by terrorists on numerous occa- gation. to the participant; and sions including the U.S.S. Cole in Yemen; Whereas, It would be far more appropriate American embassies in East Africa; the POM–51. A resolution adopted by the House to permit a participant to transfer unused Khobar Towers in Saudi Arabia; the World of the Legislature of the State of Michigan funds in a flexible spending account to the Trade Center in New York; the Pentagon in relative to allow taxpayers to deduct fully next year rather than losing the unused Washington, D.C.; and the cost of their health insurance premiums; money: Now, therefore, be it Whereas, in the past, present and future, to the Committee on Finance. Resolved by the House of Representatives, That we memorialize the Congress of the thousands of men and women in the Armed HOUSE RESOLUTION NO. 601 Forces of the United States, including many United States to enact legislation to remove Whereas, A key factor in a person’s overall from the Traverse City area, have been and the ‘‘use it or lose it’’ restrictions on flexible quality of life is access to health care. Hav- continue to be engaged in defending against spending accounts to permit participants to ing health insurance contributes to better terrorist attacks worldwide; and roll over unused funds to the next year; and health for individuals and families. On a Whereas, these men and women have taken be it further larger scale, people with health insurance an oath to defend the Constitution of the Resolved, That copies of this resolution be benefit society because they are far less like- United States against all enemies, foreign transmitted to the President of the United ly to need public resources when health prob- and domestic; and States Senate, the Speaker of the United lems arise; and States House of Representatives, and the Whereas, these men and women have dem- Whereas, Through our state and federal tax onstrated their dedication to defining our members of the Michigan congressional dele- policies, our nation has made decisions on gation. freedoms with their personal sacrifices, in what types of behavior benefit our society. some cases the ultimate sacrifice of their There are many examples of this. Our tax POM–53. A resolution adopted by the House lives, in order for us to enjoy the freedoms so laws encourage people to save for retire- of the Legislature of the State of Michigan often taken for granted; and ment, invest in business enterprises, make relative to providing more flexibility for par- Whereas, especially in this holiday season, donations for charitable purposes, and own ticipants in medical care spending accounts; these men and women serve in faraway and homes. A great number of specific expenses to the Committee on Finance. lonely places, separated from homes and are deductible, although some require dif- families, without the comforts and joys of HOUSE RESOLUTION NO. 603 ferent thresholds to qualify; and Whereas, Medical care spending accounts this season of peace; and Whereas, Given the clear public benefits to are an effective tool for people to use to pre- Whereas, through this resolution, the City our society that derive from those who pur- pare for medical expenses and minimize Commission will be extending due respect to chase health insurance, it would be a sound overall costs. These flexible spending ac- all our men and women in the Armed Forces public policy to take every step to encourage counts help individuals and families dealing of the United States and a greater sense of the purchase of health insurance. It seems national gratitude to those who are pre- with the increasing costs of health care; and not only eminently fair, but also in the best Whereas, All measures that encourage peo- serving our liberties: Now, therefore, be it interests of the country to amend federal tax Resolved, That the City Commission of the ple to plan for medical expenses also bring laws to provide that an individual’s premium benefits through the increased number of City of Traverse City expresses its support costs for health insurance are fully deduct- and appreciation to the men and women of people seeking and paying for medical serv- ible. By taking this step to encourage people ices without relying on governmental pro- the Armed Forces of the United States in the to secure insurance, we will be addressing a War on Terrorism in this holiday season; and grams. For participants, medical care spend- fundamental need, reducing some public ing accounts can bring significant savings, further, be it costs, and helping our citizens help them- Resolved, That copies of this resolution be especially since major health care expenses selves and their families: Now, therefore, be are often unforeseen; and transmitted to the Office of the President of it the United States, the President of the Whereas, While medical care spending ac- Resolved by the House of Representatives, counts have been helpful to many American United States Senate, and the Speaker of the That we memorialize Congress to enact leg- United States House of Representatives. families, there is much more that could be islation to provide that taxpayers can deduct done to increase the rate of participation. fully the cost of their health insurance pre- The nature of medical expenses argues POM–50. A resolution adopted by the House miums; and be it further strongly for increased flexibility to meet un- of the Legislature of the State of Michigan Resolved, That copies of this resolution be foreseen health costs. With the ever-increas- relative to expanding Medicare to include a transmitted to the President of the United ing cost of medical services, every effort prescription pharmaceutical plan for low-in- States Senate, the Speaker of the United should be made to increase participation in come seniors; to the Committee on Finance. States House of Representatives, and the medical care spending accounts by removing HOUSE RESOLUTION NO. 597 members of the Michigan congressional dele- the barriers and restrictions that keep many Whereas, As the costs of medicine rise and gation. people from taking advantage of this idea as more seniors face great difficulties in pay- Now, therefore, be it ing for prescription medications, there is a POM–52. A resolution adopted by the House Resolved by the House of Representatives, genuine need to expand the coverages pro- of the Legislature of the State of Michigan That we memorialize the Congress of the vided under Medicare. For an increasing relative to removing ‘‘use it or lose it’’ re- United States to enact legislation to provide number of our older citizens, the choice be- strictions on flexible spending accounts to more flexibility for participants in medical tween spending limited financial resources permit participants to roll over unused funds care spending accounts; and be it further on food or medicine creates a strain that can to the next year, to the Committee on Fi- Resolved, That copies of this resolution be in itself be damaging to a person’s health nance. transmitted to the President of the United and well-being; and HOUSE RESOLUTION NO. 602 States Senate, the Speaker of the United Whereas, Beyond the financial consider- Whereas, Flexible spending accounts have States House of Representatives, and the ations of proposals to offer a prescription proven to be effective tools for helping peo- members of the Michigan congressional dele- drug plan under Medicare, implementing a ple cope with necessary expenses, such as de- gation. program will elevate the level of health care pendent care and medical costs. Like many for many people. Clearly, this will benefit aspects of tax policies that encourage behav- POM–54. A resolution adopted by the City not only the seniors who participate, but ior that ultimately benefits both individuals of Miami, Florida relative to the United Na- their families as well; and and our entire society, flexible spending ac- tions convention on the elimination of all Whereas, It is significant to note that, counts reflect sensitivity to the challenges forms of discrimination against women; to even as our country faces the expensive task people face in providing for themselves and the Committee on Foreign Relations. of fighting terrorism and even as we battle their families; and RESOLUTION NO. 02–803 recession, the issue of low-income seniors Whereas, Under the current provisions of Be it resolved by the Commission of the City needing prescription drug coverage remains the laws governing taxes, flexible spending of Miami, Florida:

VerDate Jan 31 2003 02:18 Feb 15, 2003 Jkt 019060 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\CR\FM\A13FE6.057 S13PT2 S2456 CONGRESSIONAL RECORD — SENATE February 13, 2003 Section 1. The Miami City Commission’s banning human cloning; to the Committee INTRODUCTION OF BILLS AND support of the United Nations’ Convention on the Judiciary. JOINT RESOLUTIONS on the Elimination of all Forms of Discrimi- RESOLUTION NO. 2003–06 nation Against Women as stated in Resolu- The following bills and joint resolu- Whereas, human cloning is a manufac- tion No. 00–917, adopted October 26, 2000, at- tions were introduced, read the first turing process in which a human being is tached and incorporated, is restated. and second times by unanimous con- Section 2. The United States Congress is created in a laboratory; human cloning indi- sent, and referred as indicated: urged to immediately ratify said Conven- cates a utilitarian view in which a human being is created merely for usefulness with By Mr. DASCHLE (for himself, Mr. tion. LUGAR, Mr. HAGEL, Mr. DORGAN, Mr. Section 3. The City Clerk is directed to no respect for the dignity of that human JOHNSON, Mr. VOINOVICH, Mr. HARKIN, transmit a copy of this Resolution to Presi- being; and human cloning creates a human Mr. BOND, Mr. NELSON of Nebraska, dent George W. Bush, Vice-President Richard being who is the twin of a parent, has no Mr. GRASSLEY, Mr. DURBIN, Mr. TAL- B. Cheney, Speaker of the House J. Dennis other biological parent, and is the child of ENT, Mr. DAYTON, Mr. FITZGERALD, Hastert, Senators Bill Nelson and Bob the grandparents thereby causing serious moral, social, and legal issues, and Mr. COLEMAN, and Mr. CONRAD): Graham, all the members of the United S. 385. A bill to amend the Clean Air Act to Whereas, current human cloning attempts States House of Representatives for Miami- eliminate methyl tertiary butyl ether from pose a substantial risk of producing human Dade County, and the United States Senate the United States fuel supply, to increase Foreign Relations Committee. beings with unpredictable but potentially production and use of renewable fuel, and to Section 4. This Resolution shall become ef- devastating health problems, and increase the Nation’s energy independence, fective immediately upon its adoption and Whereas, such human cloning attempts are and for other purposes; to the Committee on signature of the Mayor. grossly irresponsible and unethical, and Environment and Public Works. Whereas, on July 31, 2001, the United By Mr. CORZINE (for himself, Mr. POM–55. A resolution adopted by the City States House of Representatives passed the FITZGERALD, Mr. SARBANES, and Mr. of Ann Arbor, Michigan relative to opposi- Human Cloning Prohibition Act of 2001, a AKAKA): tion to war in Iraq; to the Committee on complete human cloning ban; and the Presi- S. 386. A bill to establish a grant program Foreign Relations. dent of the United States has called for a to enhance the financial and retirement lit- RESOLUTION complete human cloning ban; and eracy of mid-life and older Americans and to Whereas, A United States war against Iraq Whereas, the United States Senate failed reduce financial abuse and fraud among such could have significant impact on the Citizens to act on the bill passed by the United States Americans, and for other purposes; to the of Ann Arbor, in terms of the potential loss House of Representatives before the end of Committee on Health, Education, Labor, and of life and disability among our members of the 107th Congress, and Pensions. the armed forces, as well as an economic im- Whereas, a complete human cloning ban is By Mrs. LINCOLN (for herself, Mr. pact as our local tax dollars are diverted to achieved by the passage of the Human REID, Ms. SNOWE, Mr. BREAUX, Mr. the costs of war, not returned to our State Cloning Prohibition Act of 2003 as introduced GRAHAM of Florida, Mr. BINGAMAN, and our community to be spent on needed so- in the United States House of Representa- Ms. LANDRIEU, Mrs. MURRAY, Ms. MI- cial, health and education services; tives by Congressman Dave Weldon, M.D. KULSKI, Mr. SARBANES, Mr. REED, Mr. Whereas, The United States has declared (H.R. 234) and is not achieved by the passage KENNEDY, and Ms. COLLINS): this decade, 2000–2010 as the ‘‘International of other human cloning prohibition acts that S. 387. A bill to amend title XVIII of the Decade for a Culture of Peace and Non-Vio- allow the creation of human embryos by Social Security Act to extend the eligibility lence for the Children of the World’’ (UN cloning so long as they are killed for re- periods for geriatric graduate medical edu- Declaration 53/25, November 10, 1998), urging search: Now, therefore, be it cation, to permit the expansion of medical all people and all levels of government to Resolved by the City Council of the City of residency training programs in geriatric seek non-violent approaches to conflict reso- Palm Bay, Brevard County, Florida, as follows: medicine, to provide for reimbursement of lution and wider education about inter- Section 1. The above recitals are true and care coordination and assessment services national law and alternative to war; correct and by this reference are hereby in- provided under the medicare program, and Whereas, A unilateral preemptive war corporated into and made an integral part of for other purposes; to the Committee on Fi- would be a radical change in the principles of this resolution. nance. international law and custom that the Section 2. The City Council of the City of By Mr. ROBERTS (for himself, Mrs. United States has always followed; Palm Bay strongly urges the United States HUTCHISON, Ms. COLLINS, and Mr. Whereas, All war brings destruction and House of Representatives to pass the Human JEFFORDS): loss of lives, both of combatants and civil- S. 388. A bill to amend the Internal Rev- Cloning Prohibition Act of 2003 introduced ians, to all involved countries; enue Code of 1986 to expand the dependent by Congressman Dave Weldon, M.D.; that the Whereas, Our U.S. Congressional Delega- care tax credit, to accelerate the child tax United States Senate is strongly urged to tion, Senators Carl Levin and Debbie credit, and to promote dependent care assist- Stabenow and House Representatives Lynn pass a complete human cloning ban; that the ance programs; to the Committee on Fi- Rivers and John Dingell, voted against uni- Florida House and Senate are urged to pro- nance. lateral war by the United States against Iraq vide identical protection for life in this By Mr. ROBERTS (for himself, Ms. state, and that the President of the United and have urged the United States to cooper- COLLINS, and Mr. JEFFORDS): ate with the United Nations in any decision States is strongly urged to sign a complete S. 389. A bill to increase the supply of qual- on military action against Iraq, and would human cloning ban. ity child care; to the Committee on Finance. be encouraged by our support; and Section 3. This resolution shall take effect By Mr. LEVIN: Whereas, The Ann Arbor City Council can- immediately upon the enactment date. S. 390. A bill to amend title 18, United not speak for all residents, but has been States Code, to provide retroactive effect to asked by many residents to speak out on this f a sentencing safety valve provision; to the momentous issue facing our nation; there- Committee on the Judiciary. fore, be it REPORTS OF COMMITTEES By Mrs. MURRAY (for herself and Ms. Resolved, That the Ann Arbor City Council CANTWELL): joins with the communities of Washington, The following reports of committees S. 391. A bill to enhance ecosystem protec- D.C.; Seattle, Washington; Albuquerque, New were submitted: tion and the range of outdoor opportunities Mexico; Takoma Park, Maryland; Arcata, By Mr. WARNER, without amendment: protected by statute in the Skykomish River California, Santa Barbara, California, Santa S. Res. 57. An original resolution author- valley of the State of Washington by desig- Cruz, California; Ithaca, New York; Santa izing expenditures by the Committee on nating certain lower-elevation Federal lands Fee, New Mexico; Danby, New York; Armed Services. as wilderness, and for other purposes; to the Sebastopol, California; New Haven, Con- Committee on Energy and Natural Re- necticut; Oakland, California; Carrboro, f sources. North Carolina; Haines Township, Pennsyl- By Mr. REID (for himself, Mr. MCCAIN, vania; Madison, Wisconsin; Burlington, EXECUTIVE REPORT OF Mr. AKAKA, Mr. ALLARD, Mr. ALLEN, Vermont; and Detroit, Michigan; and with COMMITTEE Mr. BAUCUS, Mr. BIDEN, Mr. BINGA- our U.S. Congressional Delegation, Senators MAN, Mrs. BOXER, Mr. BREAUX, Mr. Carl Levin and Debbie Stabenow and Rep- The following executive report of BROWNBACK, Ms. CANTWELL, Mrs. resentatives Lynn Rivers and John Dingell, committee was submitted: CLINTON, Mr. CORZINE, Mr. DASCHLE, in opposing a war with the country of Iraq, By Mr. HATCH for the Committee on the Mr. DAYTON, Mr. DORGAN, Mr. DUR- particularly prior to taking all available Judiciary. BIN, Mrs. FEINSTEIN, Mr. GRASSLEY, measures to cooperate with the United Na- Jeffrey S. Sutton, of Ohio, to be United Mr. HAGEL, Mr. INOUYE, Mr. JOHNSON, tions in removing all weapons of mass de- States Circuit Judge for the Sixth Circuit. Ms. LANDRIEU, Mr. LEAHY, Mr. LEVIN, struction. Mrs. LINCOLN, Mr. MILLER, Mr. NEL- (Nominations without an asterisk SON of Florida, Mr. NELSON of Ne- POM–56. A resolution adopted by the City were reported with the recommenda- braska, Mr. ROBERTS, Mr. ROCKE- of Palm Bay, Florida relative to completely tion that they be confirmed.) FELLER, Mr. SARBANES, Mr. SMITH,

VerDate Jan 31 2003 02:18 Feb 15, 2003 Jkt 019060 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\CR\FM\A13FE6.062 S13PT2 February 13, 2003 CONGRESSIONAL RECORD — SENATE S2457 Ms. SNOWE, Mr. CAMPBELL, Mr. S. 403. A bill to lift the trade embargo on SUBMISSION OF CONCURRENT AND LIEBERMAN, and Mr. COCHRAN): Cuba, and for other purposes; to the Com- SENATE RESOLUTIONS S. 392. A bill to amend title 10, United mittee on Finance. States Code, to permit retired members of By Mr. BUNNING (for himself and Mr. The following concurrent resolutions the Armed Forces who have a service-con- BROWNBACK): and Senate resolutions were read, and nected disability to receive both military re- S. 404. A bill to protect children from referred (or acted upon), as indicated: tired pay by reason of their years of military exploitive child modeling, and for other pur- By Mr. WARNER: service and disability compensation from the poses; to the Committee on the Judiciary. S. Res. 57. An original resolution author- Department of Veterans Affairs for their dis- By Mr. DEWINE (for himself and Mr. izing expenditures by the Committee on ability; to the Committee on Armed Serv- DODD): Armed Services; from the Committee on ices. Armed Services; to the Committee on Rules By Mr. ALLEN: S. 405. A bill to amend the Higher Edu- and Administration. S. 393. A bill to amend the Internal Rev- cation Act of 1965 to improve the loan for- By Mr. ALLEN: enue Code of 1986 to allow employers a credit giveness program for child care providers, in- S. Res. 58. A resolution expressing the against income tax with respect to employ- cluding preschool teachers, and for other sense of the Senate that the President ees who participate in the military reserve purposes; to the Committee on Health, Edu- should designate the week beginning June 1, components and to allow a comparable cred- cation, Labor, and Pensions. 2003, as ‘‘National Citizen Soldier Week’’; to it for participating reserve component self- By Mr. DEWINE (for himself and Mr. the Committee on the Judiciary. employed individuals, and for other pur- LIEBERMAN): By Mr. WYDEN (for himself and Mr. poses; to the Committee on Finance. S. 406. A bill to provide grants to States SMITH): By Mr. ALLEN: and outlying areas to encourage the States S. Res. 59. A resolution congratulating the S. 394. A bill to amend the Internal Rev- and outlying areas to encourage existing or University of Portland women’s soccer team enue Code of 1986 to expand the combat zone establish new statewide coalitions among in- for winning the 2002 NCAA Division I na- income tax exclusion to include income for stitutions of higher education, communities tional championship; considered and agreed the period of transit to the combat zone and around the institutions, and other relevant to. to remove the limitation on such exclusion organizations or groups, including anti-drug By Mr. GRASSLEY (for himself, Mr. for commissioned officers; to the Committee or anti-alcohol coalitions , to reduce under- DURBIN, Mr. KOHL, Mr. COLEMAN, Mr. on Finance. age drinking and illicit drug-use by students, FEINGOLD, and Mr. HARKIN): By Mr. GRASSLEY (for himself, Mr. both on and off campus; to the Committee on S. Con. Res. 5. A concurrent resolution ex- BAUCUS, Mr. CONRAD, Mr. CRAPO, Mr. Health, Education, Labor, and Pensions. pressing the support for the celebration in BREAUX, Mr. LEAHY, Mr. HARKIN, Mr. By Mr. DEWINE (for himself and Mr. 2004 of the 150th anniversary of the Grand DURBIN, Mr. CRAIG, Mr. JOHNSON, Mr. ROCKEFELLER): Excursion of 1854; to the Committee on the CHAFEE, Ms. SNOWE, and Mr. KERRY): Judiciary. S. 395. A bill to amend the Internal Rev- S. 407. A bill to amend the Higher Edu- By Ms. LANDRIEU: enue Code of 1986 to provide a 3-year exten- cation Act of 1965 to provide loan forgiveness S. Con. Res. 6. A concurrent resolution ex- sion of the credit for producing electricity for attorneys who represent low-income fam- pressing the sense of Congress that a com- from wind; to the Committee on Finance. ilies or individuals involved in the family or memorative postage stamp should be issued By Mr. BAUCUS (for himself and Mr. domestic relations court systems; to the in honor of Daniel ‘‘Chappie’’ James, the Na- GRASSLEY): Committee on Health, Education, Labor, and tion’s first African-American four-star gen- S. 396. A bill to amend the Internal Rev- Pensions. eral; to the Committee on Governmental Af- enue Code of 1986 to exempt small manufac- By Mr. DEWINE: fairs. turers from the firearms excise tax; to the S. 408. A bill to establish a grant program By Mr. CAMPBELL (for himself, Mr. Committee on Finance. to enable institutions of higher education to SMITH, and Mrs. CLINTON): By Mr. ENSIGN (for himself and Mrs. improve schools of education; to the Com- S. Con. Res. 7. A concurrent resolution ex- HUTCHISON): mittee on Health, Education, Labor, and pressing the sense of Congress that the sharp S. 397. A bill to amend the Internal Rev- Pensions. escalation of anti-Semitic violence within enue Code of 1986 to allow a deduction for the By Mr. DEWINE (for himself and Mr. many participating States of the Organiza- old-age, survivors, and disability insurance ROCKEFELLER): tion for Security and Cooperation in Europe taxes paid by employees and self-employed S. 409. A bill to provide loan forgiveness to (OSCE) is of profound concern and efforts individuals, and for other purposes; to the should be undertaken to prevent future oc- Committee on Finance. social workers who work for child protective agencies; to the Committee on Health, Edu- currences; to the Committee on Foreign Re- By Mr. ALLEN: lations. S. 398. A bill to provide that members of cation, Labor, and Pensions. the Armed Forces performing services at By Mr. EDWARDS: f Guantanamo Bay Naval Station, Cuba, and S. 410. A bill to establish the Homeland In- ADDITIONAL COSPONSORS in the Horn of Africa in support of Operation telligence Agency, and for other purposes; to S. 10 Enduring Freedom shall be entitled to tax the Select Committee on Intelligence. benefits in the same manner as if such serv- By Mr. BINGAMAN: At the request of Mr. DASCHLE, the ices were performed in a combat zone, and name of the Senator from Hawaii (Mr. for other purposes; to the Committee on Fi- S. 411. A bill to amend title 49, United States Code, to establish a university trans- INOUYE) was added as a cosponsor of S. nance. 10, a bill to protect consumers in man- By Mr. CAMPBELL: portation center to be known as the ‘‘South- S. 399. A bill to authorize grants for the es- west Bridge Research Center’’; to the Com- aged care plans and other health cov- tablishment of quasi-judicial campus drug mittee on Environment and Public Works. erage, to provide for parity with re- courts at colleges and universities modeled By Mr. KYL (for himself, Mr. MCCAIN, spect to mental health coverage, to re- after State drug courts programs; to the Mr. DOMENICI, Mrs. FEINSTEIN, Mr. duce medical errors, and to increase Committee on the Judiciary. CORNYN, and Mr. SCHUMER): the access of individuals to quality By Mr. SCHUMER (for himself and S. 412. A bill to amend the Balanced Budg- health care. Mrs. CLINTON): et Act of 1997 to extend and modify the reim- S. 204 S. 400. A bill to amend the Internal Rev- bursement of State and local funds expended At the request of Mr. BINGAMAN, the enue Code of 1986 to allow for the expansion for emergency health services furnished to of areas designated as renewal communities undocumented aliens; to the Committee on names of the Senator from Arkansas based on 2000 census data; to the Committee Finance. (Mr. PRYOR) and the Senator from on Finance. By Mr. NICKLES: North Dakota (Mr. DORGAN) were added By Ms. LANDRIEU: S. 413. A bill to provide for the fair and ef- as cosponsors of S. 204, a bill to amend S. 401. A bill to amend title 10, United title XIX of the Social Security Act to States Code, to increase to parity with other ficient judicial consideration of personal in- surviving spouses the basic annuity that is jury and wrongful death claims arising out increase the floor for treatment as an provided under the uniformed services Sur- of asbestos exposure, to ensure that individ- extremely low DSH State to 3 percent vivor Benefit Plan for surviving spouses who uals who suffer harm, now or in the future, in fiscal year 2003. from illnesses caused by exposure to asbestos are at least 62 years of age; and for other S. 219 receive compensation for their injuries, and purposes; to the Committee on Armed Serv- At the request of Mr. BAUCUS, the ices. for other purposes; to the Committee on the Judiciary. name of the Senator from Arkansas By Mr. FEINGOLD: (Mr. PRYOR) was added as a cosponsor S. 402. A bill to abolish the death penalty By Mr. LIEBERMAN: under Federal law; to the Committee on the S.J. Res. 6. A joint resolution expressing of S. 219, a bill to amend the Tariff Act Judiciary. the sense of Congress with respect to plan- of 1930 to clarify the adjustments to be By Mr. BAUCUS (for himself, Mrs. LIN- ning the reconstruction of Iraq; to the Com- made in determining export price and COLN, Mr. CONRAD, and Mrs. MURRAY): mittee on Foreign Relations. constructed export price.

VerDate Jan 31 2003 23:53 Feb 14, 2003 Jkt 019060 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\CR\FM\A13FE6.072 S13PT2 S2458 CONGRESSIONAL RECORD — SENATE February 13, 2003 S. 253 Senator from Iowa (Mr. HARKIN) were Based on the experience we have At the request of Mr. CAMPBELL, the added as cosponsors of S. 379, a bill to gained over the last seven years with name of the Senator from Maine (Ms. amend title XVIII of the Social Secu- the reformulated gasoline program, the COLLINS) was added as a cosponsor of S. rity Act to improve the medicare in- Fuel Security Act bill makes a number 253, a bill to amend title 18, United centive payment program. of important changes in Federal law. States Code, to exempt qualified cur- S. CON. RES. 4 It bans MTBE in 4 years, authorizes rent and former law enforcement offi- At the request of Mr. LIEBERMAN, the funding to cleanup MTBE contamina- cers from State laws prohibiting the name of the Senator from Delaware tion and fix leaking underground carrying of concealed handguns. (Mr. BIDEN) was added as a cosponsor of tanks, allows the most polluted states S. 254 S. Con. Res. 4, a concurrent resolution to opt into the reformulated gasoline At the request of Mr. AKAKA, the welcoming the expression of support of program, and provides all States with name of the Senator from Hawaii (Mr. 18 European nations for the enforce- additional authority under the Clean INOUYE) was added as a cosponsor of S. ment of United Nations Security Coun- Air Act to address air quality concerns. 254, a bill to revise the boundary of the sel Resolution 1441. It eliminates the oxygen requirement Kaloko-Honokohau National Historical S. RES. 24 from the RFG program, a change that Park in the State of Hawaii, and for At the request of Mr. BYRD, the name is very important to states that are other purposes. of the Senator from Wisconsin (Mr. planning to remove MTBE from their S. 267 FEINGOLD) was added as a cosponsor of gasoline supplies in the near future. At the request of Mr. MCCAIN, the S. Res. 24, a resolution designating the To preserve the hard-fought air qual- name of the Senator from Louisiana week beginning May 4, 2003, as ‘‘Na- ity gains that have resulted from the (Ms. LANDRIEU) was added as a cospon- tional Correctional Officers and Em- implementation of that requirement, sor of S. 267, a bill to amend the Inter- ployees Week’’. the bill creates a renewable fuels nal Revenue Code of 1986 to provide for S. RES. 48 standard that will nearly triple the use a deferral of tax on gain from the sale At the request of Mr. AKAKA, the of renewable fuels like ethanol and bio- of telecommunications businesses in name of the Senator from New Jersey diesel over the next 10 years. specific circumstances or a tax credit (Mr. LAUTENBERG) was added as a co- Finally, the bill also provides special and other incentives to promote diver- sponsor of S. Res. 48, a resolution des- encouragement to biomass-based eth- sity of ownership in telecommuni- ignating April 2003 as ‘‘Financial Lit- anol, which holds great promise for cations businesses. eracy for Youth Month’’. converting a variety of organic mate- S. 274 S. RES. 52 rials into useful fuel, while substan- At the request of Mr. GRASSLEY, the At the request of Mr. CAMPBELL, the tially reducing greenhouse gas emis- names of the Senator from Ohio (Mr. names of the Senator from Alaska (Ms. sions. VOINOVICH), the Senator from Georgia MURKOWSKI) and the Senator from Ethanol comes from American farm- (Mr. CHAMBLISS) and the Senator from Georgia (Mr. MILLER) were added as co- ers and producers, passes through Kentucky (Mr. MCCONNELL) were added sponsors of S. Res. 52, a resolution rec- American refiners, and fuels American as cosponsors of S. 274, a bill to amend ognizing the social problem of child energy needs. No soldier has to fight the procedures that apply to consider- abuse and neglect, and supporting ef- overseas to protect it. And no inter- ation of interstate class actions to as- forts to enhance public awareness of national cartel could turn off the spig- sure fairer outcomes for class members the problem. ot. and defendants, and for other purposes. f For years, we talked about those ben- S. 289 efits with a sense of resignation. After STATEMENTS ON INTRODUCED At the request of Mr. GRASSLEY, the all, these aren’t new arguments, and BILLS AND JOINT RESOLUTIONS name of the Senator from New Hamp- yet there were a lot of people who still By Mr. DASCHLE (for himself, Mr. shire (Mr. GREGG) was added as a co- saw ethanol as a boutique fuel, not a LUGAR, Mr. HAGEL, Mr. DORGAN, sponsor of S. 289, a bill to amend the real answer to our energy problems. Mr. JOHNSON, Mr. VOINOVICH, Internal Revenue Code of 1986 to im- With this legislation, we intend to Mr. HARKIN, Mr. BOND, Mr. NEL- prove tax equity for military per- change that preception—and get Amer- SON of Nebraska, Mr. GRASSLEY, sonnel, and for other purposes. ica moving toward energy independ- Mr. DURBIN, Mr. TALENT, Mr. S. 330 ence. DAYTON, Mr. FITZGERALD, Mr. At the request of Mr. CAMPBELL, the The renewable fuels standard will be COLEMAN, and Mr. CONRAD): name of the Senator from New Hamp- a win-win-win. It will help the environ- S. 385. A bill to amend the Clean Air shire (Mr. GREGG) was added as a co- ment, it will help the rural economies Act to eliminate methyl tertiary butyl sponsor of S. 330, a bill to further the which are hurting right now, and it ether from the United States fuel sup- protection and recognition of veterans’ will help reduce America’s dangerous ply, to increase production and use of memorials, and for other purposes. dependence on foreign oil. renewable fuel, and to increase the Na- S. 335 tion’s energy independence, and for I believe we can make it law. During At the request of Mr. JOHNSON, the other purposes; to the Committee on consideration of the Energy Bill last name of the Senator from New York Environmental and Public Works. summer, the Senate endorsed the Re- (Mr. SCHUMER) was added as a cospon- Mr. DASCHLE. Madam President, newable Fuels Standard package by a sor of S. 335, a bill to expand the call- headlines in daily papers all across the vote of 69 to 30. ing time restrictions on telemarketing country underscore our economy’s vul- Overall, this legislation is a careful telephone calls to include the period nerability to foreign oil. balance of often disparate and com- from 5:30 p.m. to 7:30 p.m., and for Today, a new generation is learning peting interests—and a compromise in other purposes. what many Americans have known the finest tradition of the U.S. Senate. S. 357 since the 1970s—our economic security Just look at some of the organiza- At the request of Mrs. LINCOLN, the and our national security depend on tions whose active support is helping name of the Senator from Missouri our energy security. to make this legislation possible: The (Mr. BOND) was added as a cosponsor of Today I, along with a number of my Northeast States Coordinated Air Use S. 357, a bill to amend the Internal colleagues, am introducing the Fuels Management Agency, the American Pe- Revenue Code of 1986 to modify the Security Act of 2003. troleum Institute, the Clean Fuels De- credit for the production of fuel from This bill responds directly to our Na- velopment Coalition, the American nonconventional sources to include tion’s unhealthy reliance on imported Lung Association, the American Coali- production of fuel from agricultural oil by establishing greater flexibility tion for Ethanol, the Renewable Fuels and animal waste. in our gasoline regulations, and by tri- Association, the Governor’s Ethanol S. 379 pling the use of domestic, renewable Coalition, the National Farmers Union, At the request of Mr. BINGAMAN, the fuels over the next 10 years. the American Farm Bureau, the Na- names of the Senator from Arkansas This legislation is identical to the tional Corn Growers Association, and (Mrs. LINCOLN), the Senator from fuels agreement included in last year’s the American Corn Growers Associa- South Dakota (Mr. JOHNSON) and the Senate-passed energy bill. tion.

VerDate Jan 31 2003 02:05 Feb 15, 2003 Jkt 019060 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\CR\FM\A13FE6.065 S13PT2 February 13, 2003 CONGRESSIONAL RECORD — SENATE S2459 That support across the political and earlier bill, this bill represents an im- This legislation will go far toward ideological spectrum is reflected with- portant first step toward reducing our strengthening our national security, in the Senate as well. dependence on foreign oil and improv- improving our rural communities, pro- I particularly want to thank Senator ing our nation’s energy security. At tecting our natural environment and, LUGAR. The seeds for this comprehen- the same time, this proposal goes far ultimately, substituting carbohydrates sive legislation were planted a few toward protecting the environment, for hydrocarbons. years ago when he and I first intro- stimulating rural economic develop- Thank you for joining me in sup- duced legislation to establish a renew- ment, and increasing the flexibility of porting ethanol, a domestic form of able fuels standard and provide flexi- the national fuel supply to reduce the clean, renewable energy. bility in producing reformulated gaso- impact of future price spikes. Mr. HAGEL. Madam President, I line. Senator LUGAR’S enthusiastic sup- This bill will also forms the basis for come to the floor this morning to port gave this idea needed momentum a solution to the MTBE problem that speak briefly about an important, com- and helped lay the groundwork for will be acceptable to all regions of the prehensive fuels bill that I will intro- agreement on this legislation last year. nation. MTBE, a carcinogen that con- duce today, along with Senators In addition, Senators TIM JOHNSON taminates drinking water, is on its way DASCHLE, LUGAR, JOHNSON, VOINOVICH, and CHUCK HAGEL deserve enormous out. This proposal addresses public GRASSLEY, and others. This bill aims to credit for legislation they introduced concerns regarding water pollution enhance air and water quality, reduce last year to establish a very ambitious while considering all of the environ- supply and distribution challengers in renewable fuels standard, and for their mental and energy security issues in- the gasoline market, and increase en- work in promoting this concept. volved. It requires the EPA Adminis- ergy security by expanding the use of And there are many others—Senators trator to end the use of MTBE within clean, domestically produced renew- four years in order to protect public BEN NELSON, TOM HARKIN, CHUCK able fuels. health and the environment. And it es- GRASSLEY, BYRON DORGAN, MARK DAY- Specifically, our bill follows the ad- tablishes strict ‘‘anti-backsliding’’ pro- TON, DICK DURBIN, MAX BAUCUS, KIT vice of the EPA’s Blue Ribbon Panel on visions to capture all of the air quality BOND, GEORGE VOINOVICH, and others— Oxygenates by repealing the Federal who all deserve recognition for the benefits of MTBE and ethanol as MTBE oxygenate mandate and phasing out progress we have made on this issue. is phased down and then phased out. the use of MTBE nationwide. It also Those of us who recall the energy cri- Look at America’s energy situation contains a reasonable Renewable Fuel ses of the 1970s—and recognize the cur- today: gasoline prices are high, farm Standard, RFS, which would gradually rent political instability in oil-rich re- income is low and America is import- increase the nation’s use of renewable gions around the world—remain com- ing close to 60 percent of the oil we use. fuel to 5 billion gallons a year by 2012. mitted to the development of cheap, At the same time, our substantial ap- All of this while protecting the envi- plentiful renewable sources of energy. petite for energy continues to grow ronmental gains already made by the For years, tax incentives supporting every year. Over the next ten years, ethanol production have helped foster reformulated gasoline program. the United States is expected to con- This legislation mirrors the bipar- the creation of a strong domestic eth- sume roughly 1.5 trillion gallons of gas- tisan fuels agreement in last year’s anol industry. But more needs to be oline. At the same time, we hold only Senate energy bill, which gained the done to reduce the cost of ethanol and three percent of the known world oil votes of 69 Senators. This year, we make this plant-based commodity reserves. more competitive with fossil fuels. have worked to build an even broader, It has been said that ‘‘we are all con- Energy and agriculture are closely bipartisan coalition of cosponsors. tinually faced with a series of great op- tied topics that have been of interest Much has happened since the Senate portunities, brilliantly disguised as in- to me for several years. Since 1996, I passed its energy bill last year. The re- solvable problems.’’ have chaired five hearings in the Agri- newable fuels industry has expanded Meeting our energy challenges is a culture Committee regarding energy considerably to meet growing demand. difficult problem, but it is also a great security and renewable fuels. These The ethanol industry opened 12 new opportunity to demonstrate American hearings were designed to inform the plants last year, with 10 additional strength, and American ingenuity. public that our reliance on imported plants now under construction. Sixteen By increasing the use of renewable oil is growing, making the U.S. and the of these new plants are farmer-owned fuels, preserving clean air gains and world increasingly dependent on the co-operatives. By the end of 2003, an- moving us toward energy independ- unstable nations of the Persian Gulf nual ethanol production capacity is ex- ence, that is what I believe this bill and the Caspian Sea. At the same time, pected to exceed 3 billion gallons. In does. the hearings convinced many in Wash- December the ethanol industry Mr. LUGAR. Madam President, I am ington that a greater reliance on re- wrapped up a record year—2.13 billion pleased to join with my colleague, Sen- newable fuels like ethanol could have gallons in 2002, up by more than 20 per- ator DASCHLE, in reintroducing the Re- major energy security, air quality and cent over 2001. newable Fuels Act. I am thankful for rural development benefits. Also, ChevronTexaco announced last this opportunity to remind my col- As we look to the future, major new month that it will switch from blend- leagues about the importance of this scientific and technical breakthroughs ing MTBE to blending ethanol in the legislation, and the benefits it brings are making ethanol more economical. southern California market—making to the American people. As a result of the Biomass Research Chevron the last of the large California In the 107th Congress, the Senate and Development Act, federal agencies refiners to make the switch to ethanol. voted in favor of a comprehensive en- are now coordinating research activi- This means that more than 80 percent ergy bill establishing a renewable fuels ties focused on making ethanol out of of California’s federally-reformulated standard. This provision would triple virtually any plant in the world. New gasoline will be blended with ethanol the amount of renewable fuel America biocatalysts—genetically engineered by May 2003. consumes, displacing nearly 600,000 bar- enzymes, yeasts, and bacteria—are re- We should not forget that biodiesel, rels of oil per day. The bipartisan re- ducing the cost of so-called cellulosic made primarily from soybeans and still newable fuels agreement is a culmina- ethanol to the point where petroleum a developing fuel technology, has tion of years of effort and enjoys products may one day face vigorous grown enough that it is now used in strong support from a broad spectrum. competition. more than 200 State and Federal auto- Regrettably, disagreements on other The legislation we are introducing mobile fleets—using a 20-percent blend provisions in the comprehensive energy today will build on these efforts by of- or higher. legislation stranded the renewable fering an incentive to producers of cel- Today, 16 States have already banned fuels provision in a House-Senate con- lulosic ethanol. Like our previous pro- MTBE. With State MTBE bans will ference committee last year. posals, this bill gives a special credit to come increased challenges to fuel dis- Senator DASCHLE and I first intro- users of cellulosic ethanol for the pur- tribution and supply. The national duced a bill creating a renewable fuels pose of fulfilling requirements of the phase-down of MTBE proposed in this standard three years ago. Like that renewable fuels standard. bill will help us meet these challenges.

VerDate Jan 31 2003 02:05 Feb 15, 2003 Jkt 019060 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\CR\FM\A13FE6.079 S13PT2 S2460 CONGRESSIONAL RECORD — SENATE February 13, 2003 And a national Renewable Fuels Stand- that we will be increasing the use of re- NORTH DAKOTA ard with a credit and trading program newable sources in the fuel that we I am excited about the wide range of will ensure that renewable fuels are pump into our gas tanks. Transpor- opportunities ethanol presents. One used where they make the most sense. tation is the sector that uses the great- unique opportunity is being created in In fact, according to a recent analysis, est amount of imported oil. By replac- my home state of North Dakota. The enacting this fuels bill would even re- ing some of the petroleum products in aerospace program at the University of duce refiner costs, .2 cents, per gallon gasoline, we will help reduce our de- North Dakota and the Environment compared to current law. pendence on foreign oil. The White and Energy Research Center (EERC) The Standard in our legislation is a House recognizes that: ‘‘America im- are researching the potential for using fair and workable compromise new ports 55 percent of the oil it consumes; ethanol as aviation fuel. crafted nearly a year ago—after that is expected to grow to 68 percent Aviation fuel is the last fuel in the months of work the American Petro- by 2025. Nearly all of our cars and U.S. that still contains lead. UND is leum Institute, the environmental trucks run on gasoline, and they are now teaming up with South Dakota community, the Northeast air direc- the main reason America imports so State University and the Federal Avia- tors, agricultural groups, DOE, EPA much oil. Two-thirds of the 20 million tion Administration on a program to and others. Senator DASCHLE and I barrels of oil Americans use each day is get ethanol approved and certified to helped facilitate those talks. We craft- used for transportation.’’ help replace this lead-based aviation ed the language of last year’s fuels Let me point out the top countries fuel. agreement—the same language in this from whom we import crude oil: our And we are working on building E85 bill. top supplier is Saudi Arabia. Almost (blended ethanol fuel) stations in North This is not a per-gallon mandate. It one-third of our oil comes from the Dakota. will not force a specific level of compli- Middle East—and Iraq is our fifth larg- ECONOMIC BENEFITS ance in places where compliance may est supplier. Venezuela is our fourth According to some estimates, the be difficult. largest supplier. Their country has ethanol industry is responsible for Our Nation needs a broader, deeper been rocked by crisis for the last cou- more than 40,000 direct and indirect and more diverse energy portfolio. ple of years. So, it is in our best inter- jobs, creating more than $1.3 billion in Today, less than one percent of Amer- est to reduce the amount of oil we im- increased household income annually, ica’s transportation fuel comes from port from these nations. and more than $12.6 billion over the renewable sources. Under this energy This bill is also important because it next five years. bill, renewable fuel use would increase will phase-out MTBE nationally. During the past year, industry has to approximately 3 percent of our total MTBE has been shown to contaminate built 12 new facilities. Ten new facili- transportation fuel supply—tripling water supplies and to have the ability ties are under construction, and dozens the amount of renewable fuel we now to cause potentially harmful side ef- more are in the planning stages. The use. fects. This is important. We have at- ethanol industry adds—directly and in- Today, America imports nearly sixty tempted to do this here in Congress for directly—more than than $6 billion to percent of the crude oil it consumes. several years. We should not be expos- our economy each year. This amount is estimated to climb to ing ourselves and our children to such I am excited by the opportunities 70 percent by 2002. Almost a fourth of harmful contaminants. Now is the time this sector presents for my State, the America’s oil imports come from the to act to remove this from our gasoline region, and the entire Nation. Mr. JOHNSON. Madam President, I Persian Gulf. Last year, the United and from our water supplies. No more States imported nearly half-a-million am pleased that we are reintroducing delays. I urge may colleagues to work barrels of oil a day from Iraq. Overall, renewable fuels legislation and that we with me to move this important legis- petroleum imports cost the United are taking time today to talk about lation in a timely manner. the benefits and importance of this States more than $100 billion a year— Today, ethanol reduces the demand bill. around 25 percent of our trade deficit. for oil and MTBE imports by 98,000 bar- This country consumers more than I want to acknowledge the extraor- rels per day. To me, this just makes 300 billion gallons of crude oil a year— dinary leadership of Senator DASCHLE good sense: take starch from corn or of that, 165 billion gallons is refined and also Senator BYRON DORGAN of wheat, break it down into simple sug- into gasoline and diesel. Our legisla- North Dakota who was on the floor to ars, then ferment it to produce ethanol tion says that by 2012, not less then 5 speak to this issue but was called away that can be used for energy. The by- billion gallons of that 165 billion gal- for another critical responsibility and lons shall come from renewable products can be used, too. will not be able to be in the Chamber sources. By enacting this legislation, RENEWABLE FUELS PROVISION IN THE BILL this morning. we would replace 66 billion gallons of The renewable fuels provision has There has been a great deal of discus- foreign crude oil by 2012; reduce foreign been carefully negotiated over a period sion about the nation’s energy situa- oil purchases by $34 billion; create of months and years. Now, 20 groups, tion. The increasing volatility in gaso- more than 200,000 jobs nationwide; and including the Nation Corn Growers As- line and diesel prices, the growing ten- boost U.S. farm income by more than sociation, Renewable Fuels Associa- sion in the world from the terrorist at- $6 billion a year. tion, American Farm Bureau Federa- tacks, and the possibility of war with As the new Congress prepares to re- tion, and the National Farmers Union, Iraq have affected all of us. The more sume deliberations on a new national have sent a letter expressing their sup- we depend on oil from the Middle East, energy plan, I ask my colleagues to se- port for this legislation. 1.8 billion gal- the more our stability is inextricably riously consider this legislation—which lons of pure ethanol are currently pro- tied to governments and factions in will assist our efforts to modernize the duced each year. This provision would that region. There is a critical need for Nation’s transportation fuel system add 3.2 billion new gallons over a pe- finding new sources of energy that will and address the environmental, energy riod of years for a total of 5 billion gal- move the country away from depend- and security concerns for today and to- lons by 2012. And, this provision will ence of a natural resource available in morrow. ensure that the ethanol industry con- increasingly volatile regions of the Mr. DORGAN. Madam President, I tinues to grow. world. Dependence on foreign oil in the am pleased to join my colleagues, Sen- This translates to a new market for unstable Middle East and South Amer- ator DASCHLE, as well as Senator 1.19 billion bushels of corn and other ica makes us less stable. The use of do- LUGAR, Senator HAGEL, Senator JOHN- agricultural products. This also means mestic, clean, renewable energy SON and others in introducing this bi- new opportunities for farmers to invest sources can increase our energy secu- partisan piece of legislation today. in value-added processing of a product rity and increase the nation’s security. This bill is extremely important— they’re already growing. While we are It must be a critical part of our na- from an environmental perspective and seeing mergers and acquisitions in the tion’s energy strategy. from an energy security perspective. petroleum and other industries, the To this end, last year I introduced a This bill increase the use of ethanol ethanol industry is diversifying, as bill with Sen. CHUCK HAGEL of Ne- as an additive in gasoline. That means farmers invest in local processing. braska that would ensure future

VerDate Jan 31 2003 23:53 Feb 14, 2003 Jkt 019060 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\CR\FM\A13FE6.075 S13PT2 February 13, 2003 CONGRESSIONAL RECORD — SENATE S2461 growth for ethanol and biodiesel. The tions reflect the knowledge that value- mand for feed grains and soybeans by bill would create a new, renewable added agriculture and ethanol produc- more than 1.5 billion bushels over the fuels content standard in all motor fuel tion are critical to the nation’s energy next decade; create more than 214,000 produced and used in the United needs and to the future of family-farm new jobs throughout the U.S. economy; States. Last year, the Senate passed a agriculture and rural America. The and it will expand household income by comprehensive energy bill which in- prospects for farmers in South Dakota an additional $51.7 billion over the next cluded the framework of our legisla- and other rural states have brightened decade tion. Today, ethanol and biodiesel com- considerably. Moreover, we have a It is quite apparent that increased prise less than one percent of all trans- unique opportunity to help reduce our use of ethanol will do much to boost a portation fuel in the U.S. This con- use of foreign oil and make our nation struggling U.S. agriculture economy, sensus language would require that five more stable. I am pleased that we are and will help establish a more sound billion gallons of transportation fuel be reintroducing the bill and urge its national energy policy. comprised of renewable fuel by 2012— swift passage. The greater production of ethanol nearly a tripling of the current ethanol Mr. NELSON of Nebraska. Madam will also be beneficial to the environ- production. President, I thank you for the oppor- ment. Studies show ethanol reduces The consensus language was agreed tunity to speak about what is clearly a emissions of carbon monoxide and hy- to last year after productive negotia- bipartisan issue. I would like to add to drocarbons by 20 percent and particu- tions between the renewable fuels in- what my colleague from Minnesota lates by 40 percent in 1990 and newer dustry, farmers’ groups, the oil indus- said about the Fuels Security Act of- vehicles. In 2001 ethanol reduced green- try and environmentalists. Unlike fered by Senators DASCHLE and LUGAR house gas emissions by 3.6 million tons, many of the disputes during consider- on a bipartisan basis. the equivalent of removing more than ation of the energy bill last year, this I am here today to support the Fuels 520,000 vehicles from the road. issue had a relatively wide range of Security Act of 2003. This important A choice for ethanol is a choice for agreement. The basis for this agree- renewable fuels legislation is one of the America, and its energy consumers, its ment is still viable, and it is under this pillars for economic development for farmers, and its environment. framework that we are reintroducing rural—America one segment of the Enactment of the Fuel Security Act the bill today. population that has lagged behind dur- will help us to reverse our 100-year-old The people of South Dakota and the ing the economic surge of the 1990’s near total reliance on fossil fuels; a neighboring states understand the ben- and is suffering under the combined ef- more pressing concern than ever given efits of ethanol to the economies of fects of the current economic slowdown the possibility of military conflict in rural communities. Increased renew- and a two-year devastating drought the Mid East and the continuing eco- able fuel production lowers our depend- which I had the audacity to name nomic turmoil in Venezuela. ence upon foreign oil, strengthens en- ‘‘Drought David.’’ It was recently reported we are cur- ergy security, increases farm income This legislation is important for rently exporting about 80,000 gallons of and creates jobs. The growth of farmer- rural America. Last year, we com- fuel to Venezuela right now to help in owned ethanol plants in South Dakota pleted the farm bill—the first part of their shortfall because of the turmoil demonstrates the hard work and com- the economic revitalization plan for in that part of our world. mitment needed to serve a growing rural America. For the last several I am unabashedly proud of what my market for clean domestic fuels. months, we have been struggling over home State has accomplished in this Based on current projections, con- the most important short-term eco- area. Within the State of Nebraska, struction of new plants will generate nomic stimulus plan for rural Amer- during the period from 1991 to 2001, $900 million in capital investment and ica—comprehensive drought assistance. seven ethanol plants were constructed tens of thousands of construction jobs Though I believe what the Senate and several of these facilities were ex- to rural communities. For corn farm- passed and what we hear will be in- panded more than once during the dec- ers, the price of corn would rise 20–30 cluded in the omnibus is insufficient to ade. cents per bushel. adequately compensate for the Specific benefits of the ethanol pro- Combine this with the provisions of drought, it might provide some initial gram in Nebraska include: $1.15 billion the bill and the potential economic im- assistance to farmers and ranchers. in new capital investment in ethanol pact for rural states is tremendous. In In addition to the farm bill and dis- processing plants. They include 1,005 South Dakota, seven ethanol plants are aster assistance, I believe we need to permanent jobs at the ethanol facili- operating to produce approximately 156 craft a comprehensive rural develop- ties and 5,115 induced jobs directly re- million gallons per year. Three other ment plan that will spur investment in lated to plant construction, operation, ethanol projects are under construc- agri-business and promote economic and maintenance. The permanent jobs tion, with a combined capacity to activity in the agriculture center. We alone generate an annual payroll of $44 produce an additional 180 million gal- need to consider opening new markets million. And more than 210 million lons of ethanol annually. With the en- like Cuba—to ensure American prod- bushels of corn and grain sorghum is actment of a renewable fuels standard, ucts can be sold and farmers and ranch- processed at the plants annually. These the production in South Dakota now ers can earn a living. economic benefits and others have in- could grow substantially, with at least The Fuels Security Act of 2003, is the creased each year during the past dec- 5000 farmers owning ethanol plants and latest piece of the puzzle. ade due to plant expansion, employ- producing over 500 million gallons of It is clear that use of ethanol, as part ment increases, and additional capital ethanol per year. of a renewable fuels standard is a win- investment. An important but under-emphasized win-win situation: a win for farmers, a If each State produces 10 percent of fuel is biodiesel, which is chiefly pro- win for consumers, and a win for the its own domestic, renewable fuel, as duced from excess soybean oil. Soybean environment. That is why I rise as an Nebraska does, America will have prices are hovering near historic lows. original co-sponsor and strong sup- turned the corner away from depend- Biodiesel production is small but has porter this renewable fuels legislation. ence on foreign sources of energy. been growing steadily. The renewable If passed, the Fuels Security Act will And it is possible because ethanol fuels standard would greatly increase establish a 2.3 billion gallon renewable and biodiesel can be made from bio- the prospects for biodiesel production, fuels standard in 2004, growing every mass from other than corn or sorghum benefitting soybean farmers from year until it reaches 5 billion gallons or other row crops. It can be produced South Dakota and other states. by 2012. There are many benefits to from garbage. It can be produced from While the energy bill was not enacted this legislation. switch grass and all kinds of other bio- last year, two-thirds of the Senate It will displace 1.6 billion barrels of mass. voted against amendments that would oil over the next decade; reduce our When you take a hard look at the have weakened or eliminated the re- trade deficit by $34.1 billion; increase facts, you will see that this legislation newable fuels provision. For the first new investment in rural communities is nothing but beneficial for America. time in recent memory, Congress’s ac- by more than $5.3 billion; boost the de- The Fuels Security Act is balanced,

VerDate Jan 31 2003 02:05 Feb 15, 2003 Jkt 019060 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\CR\FM\A13FE6.083 S13PT2 S2462 CONGRESSIONAL RECORD — SENATE February 13, 2003 comprehensive, and is the result of the create more than 214,000 jobs partisan effort. I am pleased to be an dedication of so many, especially Sen- throughout the entire economy, includ- original cosponsor. ator DASCHLE and Senator LUGAR. ing places important to me like Little So now I ask my colleagues to join Falls and Winnebago, MN; and By Mr. CORZINE (for himself, me in promoting new opportunities for increase net farm income by nearly Mr. FITZGERALD, Mr. SARBANES, the technologies that will put our Na- $6 billion per year. and Mr. AKAKA): tion and the world’s transportation That the renewable fuels standard S. 386. A bill to establish a grant pro- fuels on solid, sustainable, and environ- legislation we introduce today pro- gram to enhance the financial and re- mentally enhancing ground. We owe it motes the first ‘‘E’’ of the 3 ‘‘Es’’—eco- tirement literacy of mid-life and older to our country now—and to future gen- nomic development—is evident. Americans and to reduce financial erations—to pass this legislation with- The second ‘‘E’’ I want to talk a lit- abuse and fraud among such Ameri- out any further delay. tle about is energy independence. cans, and for other purposes; to the Mr. COLEMAN. Madam President, if As a member of both the Govern- Committee on Health, Education, I may, in contrast to the very partisan mental Affairs Committee and the For- Labor, and Pensions. Mr. CORZINE. Mr. President, I rise tone of the Estrada filibuster and this eign Relations Committee, I have had today with my colleagues, Senators partisan divide that is stopping us from the opportunity, in my first month in FITZGERALD, SARBANES, and AKAKA to moving forward, I want to spend a few the Senate, to hear from a number of introduce the Education for Retire- minutes talking about an issue in experts on homeland security and on ment Security Act of 2003. This bill which we come together and perhaps conditions around the world that affect which should be a model. will provide access to badly needed fi- our security. And, with this experience nancial and retirement education for I am pleased to join my distinguished as a backdrop, I can say I am not com- colleagues, Senator HAGEL and minor- millions of mid-life and older Ameri- fortable at all with America’s level of cans whose retirement security is at ity leader DASCHLE, as an original co- reliance on oil imports—now at 56 per- sponsor of this landmark renewable stake. cent of our supply, and expected to be fuels legislation. Improving financial literacy has been about 70 percent by 2020 unless some- Senator DASCHLE is from our neigh- a top priority for me in Congress. I be- boring State. We have mutual inter- thing is done to turn things around. lieve it is a critical and complex task ests. We understand the needs of our Back on September 19, 2001, former for Americans of all ages, but it is es- farmers. CIA Director James Woolsey, former pecially crucial for Americans as they We are looking at working together, Joint Chiefs of Staff Chairman Admiral approach retirement. In fact, low levels which I think is such a good thing. Thomas Moorer, and former National of savings and high levels of personal The Minnesota AgriGrowth Council Security Advisor Robert McFarlane all and real estate debt are serious prob- points out renewable fuels like ethanol wrote the Senate on this very issue, lems for many households nearing re- and biodiesel promote the 3 E’s: eco- stating: tirement. Although today’s older nomic development, environmental One of the critical actions that must be Americans are generally thought to be protection, and energy independence. taken now is to advance America’s energy doing well, nearly one-out-of-five, 18 Let me talk briefly about the eco- security through transportation fuels like percent, were living below 125 percent nomic development benefit first. I ran ethanol [and] slow the dollars to the Middle of the poverty line in 1995, which was a East, where too many of those dollars have for the Senate on jobs. The best welfare been used to buy weapon and fund terrorist year of tremendous economic pros- program is a job. The best housing pro- activities. perity in our Nation. And, only 53 per- gram is a job—creating jobs—and eco- cent of working Americans have any The legislation we offer today takes nomic development. That is what may- form of pension coverage. In addition, to heart the admonition of Director ors do. That is what they understand is financial exploitation is the largest Woolsey, Admiral Moorer, and Mr. important to moms and dads. We get single category of abuse against older McFarlane by advancing renewable results. There were 18,000 more jobs in individuals, and this population com- fuels to reduce our dependence on for- St. Paul when I left than when I began. prises more than one-half of all tele- The legislation we introduce today eign oil. marketing victims in the United means economic development—it And, finally, but not least, is the ‘‘E’’ States. means jobs, revitalization, and new for environmental protection that got While education along cannot solve businesses—particularly for rural Min- the whole reformulated gasoline ball our Nation’s retirement woes, financial nesota. rolling in the first place. education is vital to enabling individ- Minnesota is a leader in renewable Ethanol is an important tool for im- uals to avoid scams and bad invest- fuels. Not only do the people of my proving air quality in America’s cities ment, mortgage, and pension decisions, State make Minnesota the top 10 by reducing carbon monoxide, hydro- and to ensuring that they have access among States of nearly every agri- carbons, NOX, toxics, and particulates. to the tools they need to make sound culture commodity that can be pro- Proof of ethanol’s clear air benefits financial decisions and prepare appro- duced in our climate, but Minnesota was seen in Chicago last year where ex- priately for a secure future. Indeed, the leads the way in renewable fuels, and I clusive use of ethanol reformulated more limited time frame that mid-life am proud of that. gasoline helped the city attain federal and older Americans have in which to Today, Minnesota has 14 ethanol ozone standards—the only area under assess the realities of their individual plants in production—more than any such standards to see this kind of im- circumstances, recover from bad eco- other State in the Nation. Preliminary provement. nomic choices, and to benefit from planning is underway for at least a What is more, ethanol continues to more informed financial practices couple of biodiesel production facilities be the only liquid transportation fuel makes this education all the more crit- in my State as well. So the importance that can help to reduce global warm- ical. Financial literacy is also particu- of this legislation to my State and to ing. In 2002 alone, ethanol use in the larly important for older women, who the health of the people in my State United States reduced greenhouse gas are more likely to live in poverty and and to the lives of our farmers and emissions by 4.3 million tons—the be dependent upon Social Security. their economic opportunity is clear. equivalent of removing more than The Education for Retirement Secu- But, let’s take a look nationally to 636,000 vehicles from the road. rity act would create a competitive see what every American has to gain These are the 3 ‘‘Es’’; economic de- grant program that would provide re- through this legislation. According to velopment, energy independence, and sources to State and area agencies on at least one economic analysis, the re- environmental protection—all three aging and nonprofit community based newable fuels standard we propose worthy objectives furthered by the leg- organizations to provide financial edu- today would, over the next decade: islation we offer today. cation programs to mid-life and older Reduce America’s trade deficit by Naturally, there are places here and Americans. The goal of these programs more than $34 billion; there where this bill can and should be is to enhance these individuals’ finan- increase America’s Gross Domestic improved, and we can work on it. But, cial and retirement knowledge and re- Product by $156 billion; this is a good starting place. It is a bi- duce their vulnerability to financial

VerDate Jan 31 2003 23:53 Feb 14, 2003 Jkt 019060 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.154 S13PT2 February 13, 2003 CONGRESSIONAL RECORD — SENATE S2463 abuse and fraud, including tele- cantly negative effect on mid-life and older (3) ANNUAL REPORTS.—For each fiscal year marketing, mortgage, and pension individuals and on their pension plans and in which a grant is awarded under this sec- fraud. retirement accounts, affecting both individ- tion, the Secretary shall submit a report to My legislation also authorizes the uals with plans to retire and those who are Congress containing a description of the sta- creation of a national technical assist- already in retirement. tus of the grant program under this section, (7) Although today’s older individuals are a description of the programs provided with ance program that would designate at generally thought to be doing well, nearly 1⁄4 grant funds under this section, and the re- least one national nonprofit organiza- (24 percent) of such individuals had annual sults of the evaluation of such programs tion that has substantial experience in incomes of less than 14,000 (or 150 percent of under paragraph (2). the field of financial education to pro- the Federal poverty line) between 1998 and SEC. 4. NATIONAL TRAINING AND TECHNICAL AS- vide training and make available in- 2000. SISTANCE PROGRAM. structional materials and information (8) Over the next 30 years, the number of (a) AUTHORITY.—The Secretary is author- that promotes financial education. older individuals in the United States is ex- ized to award a grant to 1 or more eligible Over the next thirty years, the per- pected to double, from 35,000,000 to nearly entities to— (1) create and make available instructional centage of Americans aged 65 and older 75,000,000, and long-term care costs are ex- pected to skyrocket. materials and information that promote fi- is expected to double, from 35 million (9) Financial exploitation is the largest nancial education; and to nearly 75 million. Ensuring that single category of abuse against older indi- (2) provide training and other related as- these individuals are better prepared viduals and this population comprises more sistance regarding the establishment of fi- for retirement and are more informed than 1⁄2 of all telemarketing victims in the nancial education programs to eligible enti- about the economic decisions they face United States. ties awarded a grant under section 3. during retirement will have an impor- (10) The Federal Trade Commission (FTC) (b) ELIGIBLE ENTITIES.—An entity is eligi- ble to receive a grant under this section if tant impact on the long term economic Identity Theft Data Clearinghouse has re- ported that incidents of identity theft tar- such entity is a national nonprofit organiza- and social well-being of our Nation. tion with substantial experience in the field I hope that as the Senate moves to geting individuals over the age of 60 in- creased from 1,821 victims in 2000 to 5,802 vic- of financial education. address pension reform, my colleagues tims in 2001, a threefold increase. (c) APPLICATION.—An eligible entity desir- will work to address the issues outlined SEC. 3. GRANT PROGRAM TO ENHANCE FINAN- ing a grant under this section shall submit in this legislation. The recent rash of CIAL AND RETIREMENT LITERACY an application to the Secretary in such form corporate and accounting scandals and AND REDUCE FINANCIAL ABUSE and containing such information as the Sec- the declining stock market have jeop- AND FRAUD AMONG MID-LIFE AND retary may require. OLDER AMERICANS. (d) BASIS AND TERM.—The Secretary shall ardized the retirement savings of mil- (a) AUTHORITY.—The Secretary is author- award a grant under this section on a com- lions of Americans, making the need ized to award grants to eligible entities to petitive, merit basis for a term of 5 years. for financial literacy even more clear. provide financial education programs to mid- SEC. 5. DEFINITIONS. In closing, I would like to acknowl- life and older individuals who reside in local In this Act: edge the expertise and assistance that communities in order to— (1) FINANCIAL EDUCATION.—The term ‘‘fi- AARP, the Older Women’s League, (1) enhance financial and retirement nancial education’’ means education that OWL, and the Women’s Institute for a knowledge among such individuals; and promotes an understanding of consumer, eco- Secure Economic Retirement, WISER, (2) reduce financial abuse and fraud, in- nomic, and personal finance concepts, in- cluding telemarketing, mortgage, and pen- offered to me in drafting this legisla- cluding saving for retirement, long-term sion fraud, among such individuals. care, and estate planning and education on tion. (b) ELIGIBLE ENTITIES.—An entity is eligi- predatory lending and financial abuse I ask unanimous consent that the ble to receive a grant under this section if schemes. text of my legislation be printed in the such entity is— (2) MID-LIFE INDIVIDUAL.—The term ‘‘mid- RECORD. (1) a State agency or area agency on aging; life individual’’ means an individual aged 45 There being no objection, the bill was or to 64 years. ordered to be printed in the RECORD, as (2) a nonprofit organization with a proven (3) OLDER INDIVIDUAL.—The term ‘‘older in- follows: record of providing— dividual’’ means an individual aged 65 or (A) services to mid-life and older individ- S. 386 older. uals; (4) SECRETARY.—The term ‘‘Secretary’’ Be it enacted by the Senate and House of Rep- (B) consumer awareness programs; or means the Secretary of Health and Human resentatives of the United States of America in (C) supportive services to low-income fami- Services. Congress assembled, lies. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. SECTION 1. SHORT TITLE. (c) APPLICATION.—An eligible entity desir- (a) AUTHORIZATION.—There are authorized This Act may be cited as the ‘‘Education ing a grant under this section shall submit to be appropriated to carry out this Act, for Retirement Security Act of 2003’’. an application to the Secretary in such form $100,000,000 for each of the fiscal years 2004 SEC. 2. FINDINGS. and containing such information as the Sec- through 2008. Congress finds the following: retary may require, including a plan for con- (b) LIMITATION ON FUNDS FOR EVALUATION (1) Improving financial literacy is a crit- tinuing the programs provided with grant AND REPORT.—The Secretary may not use ical and complex task for Americans of all funds under this section after the grant ex- more than $200,000 of the amounts appro- ages. pires. priated under subsection (a) for each fiscal (2) Low levels of savings and high levels of (d) LIMITATION ON ADMINISTRATIVE COSTS.— year to carry out section 3(e). personal and real estate debt are serious A recipient of a grant under this section may (c) LIMITATION ON FUNDS FOR TRAINING AND problems for many households nearing re- not use more than 4 percent of the total TECHNICAL ASSISTANCE.—The Secretary may tirement. amount of the grant in each fiscal year for not use less than 5 percent or more than 10 (3) Only 53 percent of working Americans the administrative costs of carrying out the percent of amounts appropriated under sub- have any form of pension coverage. Three programs provided with grant funds under section (a) for each fiscal year to carry out out of four women aged 65 or over receive no this section. section 4. income from employer-provided pensions. (e) EVALUATION AND REPORT.— (4) The more limited timeframe that mid- (1) ESTABLISHMENT OF PERFORMANCE MEAS- By Mrs. LINCOLN (for herself, life and older individuals and families have URES.—The Secretary shall develop measures Mr. REID, Ms. SNOWE, Mr. to assess the realities of their individual cir- to evaluate the programs provided with BREAUX, Mr. GRAHAM of Flor- cumstances, to recover from counter-produc- grant funds under this section. ida, Mr. BINGAMAN, Ms. tive choices and decisionmaking processes, (2) EVALUATION ACCORDING TO PERFORMANCE and to benefit from more informed financial MEASURES.—Applying the performance meas- LANDRIEU, Mrs. MURRAY, Ms. practices, has immediate impact and near ures developed under paragraph (1), the Sec- MIKULSKI, Mr. SARBANES, Mr. term consequences for Americans nearing or retary shall evaluate the programs provided REED, Mr. KENNEDY, and Ms. of retirement age. with grant funds under this section in order COLLINS): (5) Research indicates that there are now 4 to— S. 387. A bill to amend title XVIII of basic sources of retirement income security. (A) judge the performance and effective- the Social Security Act to extend the Those sources are social security benefits, ness of such programs; eligibility periods for geriatric grad- pensions and savings, healthcare insurance (B) identify which programs represent the uate medical education, to permit the coverage, and, for an increasing number of best practices of entities developing such older individuals, necessary earnings from programs for mid-life and older individuals; expansion of medical residency train- working during one’s ‘‘retirement’’ years. and ing programs in geriatric medicine, to (6) The $5,000,000,000,000 loss in stock mar- (C) identify which programs may be rep- provide for reimbursement of care co- ket equity values since 2000 has had a signifi- licated. ordination and assessment services

VerDate Jan 31 2003 23:53 Feb 14, 2003 Jkt 019060 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 E:\CR\FM\A13FE6.090 S13PT2 S2464 CONGRESSIONAL RECORD — SENATE February 13, 2003 provided under the medicare program, tics, medication problems may be in- prove until we adjust the system to re- and for other purposes; to the Com- volved in as many as 17 percent of all flect the realities of senior health care. mittee on Finance. hospitalizations of seniors annually. The Geriatric Care Act I am intro- Mrs. LINCOLN. Madam President, Care management provided by a ger- ducing today addresses these short- today I am pleased to introduce the iatrician will not only provide better falls. This bill provides Medicare cov- Geriatric Care Act of 2003, a bill to in- health care for our seniors, but will erage for the twin foundations of geri- crease the number of geriatricians in also save costs to Medicare in the long atric practice—geriatric assessment our country through training incen- term by eliminating more costly med- and care coordination. tives and Medicare reimbursement for ical care in hospitals and nursing The bill authorizes Medicare to cover geriatric care. I am proud to be joined homes. these essential services for seniors, in this effort today by Senators REID, Quite clearly, geriatrics is a vital thereby allowing geriatricians to man- SNOWE, BREAUX, GRAHAM, BINGAMAN, thread in the fabric of our health care age medications effectively, to work LANDRIEU, MURRAY, MIKULSKI, SAR- system, especially in light of our loom- with other health care providers as a BANES, REED, KENNEDY, and COLLINS. ing demographic changes. team, and to provide necessary support Our country teeters on the brink of Yet today, there are fewer than 9,000 for caregivers. revolutionary demographic change as certified geriatricians in the United The Geriatric Care Act also will re- baby boomers begin to retire and Medi- States. Of the approximately 98,000 move the disincentive caused by the care begins to care for them. medical residency and fellowship posi- Graduate Medical Education cap estab- As a member of the Finance Com- tions supported by Medicare in 1998, lished by the 1997 Balanced Budget Act. mittee and the Special Committee on only 324 were in geriatric medicine and As a result of this cap, many hospitals Aging, I have a special interest in pre- geriatric psychiatry. Only three med- have eliminated or reduced their geri- paring health care providers and Medi- ical schools in the country, the Univer- atric training programs. care for the inevitable ‘‘aging of Amer- sity of Arkansas for Medical Sciences, The Geriatric Care Act corrects this ica.’’ By improving access to geriatric UAMS, being one of them, has a De- problem by allowing for additional care, the Geriatric Care Act of 2003 partment of Geriatrics. This is incred- geriatric training slots in hospitals. By takes an important first step in mod- ible considering that all 125 medical allowing hospitals to exceed the cap ernizing Medicare for the 21st century. schools in our country have depart- placed on their training slots, this bill By the year 2030, 70 million Ameri- ments of pediatrics. will help increase the number of resi- cans will be 65 and older. The elderly As if that weren’t alarming enough, dents in geriatric training programs. will soon represent one-fifth of the the number of geriatricians is expected Finally, the Geriatric Care Act con- United States population, the largest to decline dramatically in the next sev- tains a new provision that ensures proportion of older persons in our Na- eral years. In fact, most of these doc- Graduate Medical Education payments tion’s history. Our Nation’s health care tors will retire just as the Baby Boom- for the second year of geriatric fellow- system will face an unprecedented er generation becomes eligible for ship training. A one-year fellowship strain as our population grows older. Medicare. We must reverse this trend may be adequate for training clinical Our Nation is simply ill-prepared for and provide incentives to increase the geriatricans but a two-year fellowship what lies ahead. number of geriatricians in our country. is essential for training academic Demand for quality care will in- Unfortunately, there are barriers pre- geriatricans who will teach geriatrics crease, and we will need physicians venting physicians from entering geri- to primary care and specialty physi- who understand the complex health atrics. These include insufficient Medi- cians-in-training. Academic geriatri- problems that aging inevitably brings. care reimbursements for the provision cians are critical in preparing the next As seniors live longer, they face much of geriatric care, inadequate training generation of doctors to care for our greater risks of disease and disability. dollars, and too few positions for geri- growing elderly population. Conditions such as heart disease, can- atricians. My home State of Arkansas ranks cer, stroke, diabetes and Alzheimer’s Many practicing geriatricians find it sixth in the Nation in percentage of disease occur more frequently as peo- increasingly difficult to focus their population 65 years and older. In a dec- ple age. practice exclusively on older patients ade, we will rank third. In many ways, The complex problems associated because of insufficient Medicare reim- our population in Arkansas is a snap- with aging require a supply of physi- bursement. Unlike most other medical shot of what the rest of the United cians with special training in geri- specialties, geriatricians depend al- States will look like in the near future. atrics. Geriatricians are physicians most entirely on Medicare revenues. A We are blessed in Arkansas to have who are first board certified in family recent MedPAC report identified low the Donald W. Reynolds Department of practice or internal medicine and then Medicare reimbursement levels as a Geriatrics and the Center on Aging at complete additional training in geri- major stumbling block to recruiting the University of Arkansas for Medical atrics. new geriatricians. Sciences. It is my hope that the Geri- Geriatric medicine provides the most Currently, the reimbursement rate atric Care Act will make it easier for comprehensive health care for our for geriatricians is the same as it is for our medical school and others across most vulnerable seniors. Geriatrics regular physicians. But the services the country to train more physicians promotes wellness and preventive care, geriatricians provide are fundamen- in geriatrics. helping to improve patients’ overall tally different. As our parents, grandparents, friends, quality of life by allowing them great- Physicians who assess younger pa- and loved ones cope with the chal- er independence and preventing unnec- tients simply don’t have to invest the lenges that aging brings, we must en- essary and costly trips to the hospital same time that geriatricians must in- sure that physicians skilled in caring or other institutions. vest assessing the complex needs of el- for their special needs are there to help Geriatricians also have a heightened derly patients. Moreover, chronic ill- them. I ask my colleagues to join me in awareness of the effects of prescription ness and multiple medications make support of this effort to modernize drugs. Given our seniors’ growing de- medical decision-making more complex Medicare to support crucial geriatric pendence on prescriptions, it is increas- and time consuming. Additionally, services for our Nation’s seniors. ingly important that physicians know planning for health care needs becomes I ask unanimous consent that fol- how, when, and in what dosages to pre- more complicated as geriatricians seek lowing my statement there be a print- scribe medicines for seniors. That’s be- to include both patients and caregivers ed list of organizations that support cause frequently, older patients re- in the process. the Geriatric Care Act of 2003. spond to medications in different ways We must modernize the Medicare fee There being no objection, the list was than younger patients. schedule to acknowledge the impor- ordered to be printed in the RECORD, as In fact, 35 percent of Americans 65 tance of geriatric assessment and care follows: years and older experience adverse coordination in providing health care ORGANIZATIONS SUPPORTING THE GERIATRIC drug reactions each year. According to for seniors. Geriatric practices cannot CARE ACT OF 2003 the National Center for Health Statis- flourish and these trends will not im- Alzheimer’s Association.

VerDate Jan 31 2003 23:53 Feb 14, 2003 Jkt 019060 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 E:\CR\FM\A13FE6.110 S13PT2 February 13, 2003 CONGRESSIONAL RECORD — SENATE S2465 American Association for Geriatric Psy- creasing child care costs. Additionally, I ask unanimous consent that the chiatry. the ABC’s Act accelerates and makes text of the ‘‘Caring for Children Act’’ American Association of Homes and Serv- permanent the child tax credit at $1,000 and ‘‘A Boost for Child Care Act’’ be ices for the Aging. American College of Physicians-American for qualifying taxpayers in order to printed in the RECORD. Society of Internal Medicine. further ease the financial burden on There being no objection, the bills American Geriatrics Society. families. were ordered to be printed in the Association of Professors of Medicine. Increasing the income level and the RECORD, as follows: Association of Program Directors in Inter- percentage of child care expenses that S. 388 nal Medicine. are deductible will help families where Be it enacted by the Senate and House of Rep- Association of Subspecialty Professors. both parents work. But, we must also resentatives of the United States of America in Catholic Health Association. recognize that families who choose to International Longevity Center—USA. Congress assembled, National Chronic Care Consortium. have one parent remain at home have SECTION 1. SHORT TITLE. National Committee to Preserve Social Se- child care expenses as well. Therefore, This Act may be cited as the ‘‘A Boost for curity and Medicare. this legislation extends eligibility for Child Care Act’’. National Council on the Aging. the Dependent Care Tax Credit to fami- SEC. 2. EXPANSION OF DEPENDENT CARE TAX National PACE Association. lies with a stay-at-home parent. This CREDIT. National Family Caregivers Association. provides greater options to more fami- (a) PERCENTAGE OF EMPLOYMENT-RELATED lies and leaves child care choices where EXPENSES DETERMINED BY TAXPAYER STA- By Mr. ROBERTS (for himself, TUS they should be—with the family. In .—Paragraph (2) of section 21(a) of the In- Mrs. HUTCHISON, Ms. COLLINS, ternal Revenue Code of 1986 (relating to cred- order to target this credit to parents and Mr. JEFFORDS): it for expenses for household and dependent who need it the most and meet our fis- S. 388. A bill to amend the Internal care services necessary for gainful employ- cal responsibilities, the credit is Revenue Code of 1986 to expand the de- ment) is amended to read as follows: phased out for higher income wage ‘‘(2) APPLICABLE PERCENTAGE DEFINED.—For pendent car tax credit, to accelerate earners. purposes of paragraph (1), the term ‘applica- the child tax credit, and to promote de- The ‘‘Caring for Children Act’’ recog- ble percentage’ means 50 percent reduced pendent care assistance programs; to nizes that small businesses play a crit- (but not below zero) by 1 percentage point the Committee on Finance. ical role in providing child care options for each $1,500, or fraction thereof, by which to millions of working parents. Unfor- the taxpayer’s adjusted gross income for the By Mr. ROBERTS (for himself, tunately, small businesses generally do taxable year exceeds $30,000.’’. Ms. COLLINS, and Mr. JEF- (b) MINIMUM CREDIT ALLOWED FOR STAY-AT- not have the resources required to HOME PARENTS.—Section 21(e) of the Internal FORDS): start up and support a child care cen- S. 389. A bill to increase the supply of Revenue Code of 1986 (relating to special ter. This legislation includes a short- quality child care; to the Committee rules) is amended by adding at the end the term flexible grant program to encour- following new paragraph: on Finance. age small businesses to work together ‘‘(11) MINIMUM CREDIT ALLOWED FOR STAY- Mr. ROBERTS. Mr. President, I am to provide child care services for em- AT-HOME PARENTS.—Notwithstanding sub- pleased and honored to join with my ployees. This program is more of a section (d), in the case of any taxpayer with colleagues to introduce two pieces of demonstration project that will sunset 1 or more qualifying individuals described in legislation to help meet the child care at the end of three years. In the mean- subsection (b)(1)(A) under the age of 4 at any challenges facing families around the time, small businesses will be eligible time during the taxable year, such taxpayer Nation. These bills entitled the ‘‘Car- shall be deemed to have employment-related for grants up to $100,000 for start-up expenses with respect to such qualifying in- ing for Children Act’’ and ‘‘A Boost for costs, training scholarships, or other Child Care Act’’, or the ABC’s Act. dividuals in an amount equal to the greater related activities. Business must con- of— Child care, in the home when possible tinue to meet state quality and health ‘‘(A) the amount of employment-related and outside the home when both par- standards. Businesses will be required expenses incurred for such qualifying indi- ents work, goes right to the heart of to match Federal funds to encourage viduals for the taxable year (determined keeping families strong. Unfortu- self-sustaining facilities well into the under this section without regard to this nately, finding quality, affordable child future. paragraph), or care is one of the most pressing prob- Parental access to child care infor- ‘‘(B) $150 for each month in such taxable lems for families in Kansas and around mation and technical assistance to year during which such qualifying individual the country. It is estimated that qual- is under the age of 4.’’. child care providers both play a strong (c) EFFECTIVE DATE.—The amendments ity child care can cost as much or more role in increasing the supply of quality made by this section shall apply to taxable than college tuition in some areas. child care. The Caring for Children Act years beginning after December 31, 2003. The ‘‘Caring for Children Act’’ and ‘A includes a grant program to allow enti- SEC. 3. ACCELERATION OF CHILD TAX CREDIT. Boost for Child Care Act’’ take the ties to develop and operate technology- (a) IN GENERAL.—Subsection (a) of section first steps in addressing this challenge based child care training infrastruc- 24 of the Internal Revenue Code of 1986 (re- through a responsible approach. This tures to enable child care providers to lating to child tax credit) is amended to read legislation expands child care opportu- receive the training, education and as follows: nities without increased government support they need to improve the qual- ‘‘(a) ALLOWANCE OF CREDIT.—There shall be costs or intrusion in our lives. This leg- allowed as a credit against the tax imposed ity of child care. The legislation also by this chapter for the taxable year with re- islation builds into the existing net- provides funds for the Department of spect to each qualifying child of the tax- work adding more government inter- Health and Human Services to collect payer an amount equal to $1,000.’’. vention or mandates. This legislation and disseminate state of the art infor- (b) CONFORMING AMENDMENTS.— will help families that have two work- mation on topics related to child care (1) REPEAL OF AMENDMENT.—Section 201(a) ing parents and families that have a health and safety, as well as early of the Economic Growth and Tax Relief Rec- stay-at-home parent. This legislation childhood development. This informa- onciliation Act of 2001 is repealed. (2) REPEAL OF SUNSET.—Title IX of the will help to increase the supply of qual- tion could be distributed through bro- ity child care. Economic Growth and Tax Relief Reconcili- chures, the internet, a toll-free infor- ation Act of 2001 (relating to sunset of provi- First, in order to provide additional mation hotline, or resource and refer- sions of such Act) shall not apply to section tax relief and increased affordability of ral organizations. 201 (other than subsection (a) of such sec- child care, the ABC’s Act expends the Child care is an issue that impacts tion) of such Act. Dependent Care Tax Credit by raising each and every one of us. While parents SEC. 4. PROMOTION OF DEPENDENT CARE AS- the income level to $30,000 at which continue to struggle to meet the con- SISTANCE PROGRAMS. families become eligible for the max- stant demand of work and family, we (a) IN GENERAL.—The Secretary of Labor imum tax credit. This legislation also must continue to do our part to expand shall establish a program to promote aware- raises the maximum percentage of child care options and protect our na- ness of the use of dependent care assistance programs (as described in section 129(d) of child care expenses that parents can tion’s most valuable resource, our chil- the Internal Revenue Code of 1986) by em- deduct to 50 percent. These changes dren. I look forward to working with ployers. make the Dependent Care Tax Credit all of my colleagues in this important (b) AUTHORIZATION OF APPROPRIATIONS.— more realistic for families that face in- effort. There is authorized to be appropriated to

VerDate Jan 31 2003 23:53 Feb 14, 2003 Jkt 019060 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 E:\CR\FM\A13FE6.111 S13PT2 S2466 CONGRESSIONAL RECORD — SENATE February 13, 2003 carry out the program under subsection (a) (3) develop a mechanism for participants (E) the provision of services to care for $1,000,000 for each of fiscal years 2004, 2005, to— sick children or to provide care to school 2006, and 2007. (A) evaluate the effectiveness of the infra- aged children; structure, including the availability and af- (F) the entering into of contracts with S. 389 fordability of the infrastructure, and the local resource and referral or local health de- Be it enacted by the Senate and House of Rep- training offered through the infrastructure; partments; resentatives of the United States of America in and (G) assistance for care for children with Congress assembled, (B) make recommendations for improve- disabilities; or SECTION 1. SHORT TITLE. ments to the infrastructure. (H) assistance for any other activity deter- This Act may be cited as the ‘‘Caring for (c) APPLICATION.—To be eligible to receive mined appropriate by the State. Children Act’’. a grant under subsection (a), an entity shall (2) APPLICATION.—To be eligible to receive submit an application to the Secretary at TITLE I—DISSEMINATION OF INFORMA- assistance from a State under this section, a such time and in such manner as the Sec- TION ABOUT QUALITY CHILD CARE small business shall prepare and submit to retary may require, and that includes— the State an application at such time, in SEC. 101. COLLECTION AND DISSEMINATION OF (1) a description of the partnership organi- such manner, and containing such informa- INFORMATION. zations through which the distance learning tion as the State may require. (a) COLLECTION AND DISSEMINATION OF IN- programs will be made available; (3) PREFERENCE.— FORMATION.—The Secretary of Health and (2) the capacity of the infrastructure in (A) IN GENERAL.—In providing assistance Human Services shall, directly or through a terms of the number and type of distance under this section, a State shall give priority contract awarded on a competitive basis to a learning programs that will be made avail- to applicants that desire to form a consor- qualified entity, collect and disseminate— able; tium to provide child care in a geographic (1) information concerning health and safe- (3) the expected number of individuals to area within the State where such care is not ty in various child care settings that would participate in the distance learning pro- generally available or accessible. assist in— grams; and (B) CONSORTIUM.—For purposes of subpara- (A) the provision of safe and healthful en- (4) such additional information as the Sec- graph (A), a consortium shall be made up of vironments by child care providers; and retary may require. 2 or more entities that may include busi- (B) the evaluation of child care providers (d) LIMITATION ON FEES.—No entity receiv- nesses, nonprofit agencies or organizations, by parents; and ing a grant under this section may collect local governments, or other appropriate enti- (2) relevant findings in the field of early fees from an individual for participation in a ties. childhood learning and development. distance learning program funded in whole (4) LIMITATION.—With respect to grant (b) INFORMATION AND FINDINGS TO BE GEN- or in part under this section that exceed the funds received under this section, a State ERALLY AVAILABLE.— pro rata share of the amount expended by may not provide in excess of $100,000 in as- (1) SECRETARIAL RESPONSIBILITY.—The Sec- the entity to provide materials for the pro- retary of Health and Human Services shall sistance from such funds to any single appli- gram and to develop, implement, and main- cant. make the information and findings described tain the infrastructure (minus the amount of (e) MATCHING REQUIREMENT.—To be eligible in subsection (a) generally available to the grant awarded under this section). to receive a grant under this section a State States, units of local governments, private (e) RULE OF CONSTRUCTION.—Nothing in nonprofit child care organizations (including this section shall be construed as requiring a shall provide assurances to the Secretary resource and referral agencies), employers, child care provider to subscribe to or com- that, with respect to the costs to be incurred child care providers, and parents. plete a distance learning program made by an entity receiving assistance in carrying out activities under this section, the entity (2) DEFINITION OF GENERALLY AVAILABLE.— available under this section. will make available (directly or through do- In paragraph (1), the term ‘‘generally avail- SEC. 103. AUTHORIZATION OF APPROPRIATIONS. nations from public or private entities) non- able’’ means that the information and find- There is authorized to be appropriated to ings shall be distributed through resources carry out this title $50,000,000 for each of fis- Federal contributions to such costs in an that are used by, and available to, the pub- cal years 2003 through 2007. amount equal to— (1) for the first fiscal year in which the en- lic, including such resources as brochures, TITLE II—REMOVAL OF BARRIERS TO IN- Internet web sites, toll-free telephone infor- tity receives such assistance, not less than 50 CREASING THE SUPPLY OF QUALITY percent of such costs ($1 for each $1 of assist- mation lines, and public and private resource CHILD CARE and referral organizations. ance provided to the entity under the grant); SEC. 201. SMALL BUSINESS CHILD CARE GRANT (2) for the second fiscal year in which the SEC. 102. GRANTS FOR THE DEVELOPMENT OF A PROGRAM. entity receives such assistance, not less than CHILD CARE TRAINING INFRA- (a) ESTABLISHMENT.—The Secretary of 662⁄3 percent of such costs ($2 for each $1 of STRUCTURE. Health and Human Services (referred to in (a) AUTHORITY TO AWARD GRANTS.—The assistance provided to the entity under the this section as the ‘‘Secretary’’) shall estab- grant); and Secretary of Health and Human Services lish a program to award grants to States, on shall award grants to eligible entities to de- (3) for the third fiscal year in which the en- a competitive basis, to assist States in pro- tity receives such assistance, not less than 75 velop distance learning child care training viding funds to encourage the establishment percent of such costs ($3 for each $1 of assist- technology infrastructures and to develop and operation of employer operated child ance provided to the entity under the grant). model technology-based training courses for care programs. child care providers and child care workers, (b) APPLICATION.—To be eligible to receive (f) REQUIREMENTS OF PROVIDERS.—To be el- to be provided through distance learning pro- a grant under this section, a State shall pre- igible to receive assistance under a grant grams made available through the infra- pare and submit to the Secretary an applica- awarded under this section a child care pro- structure. The Secretary shall, to the max- tion at such time, in such manner, and con- vider shall comply with all applicable State imum extent possible, ensure that such taining such information as the Secretary and local licensing and regulatory require- grants are awarded in those regions of the may require, including an assurance that the ments and all applicable health and safety United States with the fewest training op- funds required under subsection (e) will be standards in effect in the State. portunities for child care providers. provided. (g) ADMINISTRATION.— (b) ELIGIBILITY REQUIREMENTS.—To be eli- (c) AMOUNT OF GRANT.—The Secretary (1) STATE RESPONSIBILITY.—A State shall gible to receive a grant under subsection (a), shall determine the amount of a grant to a have responsibility for administering a grant an entity shall— State under this section based on the popu- awarded for the State under this section and (1) develop the technological and logistical lation of the State as compared to the popu- for monitoring entities that receive assist- aspects of the infrastructure described in lation of all States receiving grants under ance under such grant. this section and have the capability of im- this section. (2) AUDITS.—A State shall require each en- plementing and maintaining the infrastruc- (d) USE OF FUNDS.— tity receiving assistance under the grant ture; (1) IN GENERAL.—A State shall use amounts awarded under this section to conduct an an- (2) to the maximum extent possible, de- provided under a grant awarded under this nual audit with respect to the activities of velop partnerships with secondary schools, section to provide assistance to small busi- the entity. Such audits shall be submitted to institutions of higher education, State and nesses located in the State to enable the the State. local government agencies, and private child small businesses to establish and operate (3) MISUSE OF FUNDS.— care organizations for the purpose of sharing child care programs. Such assistance may in- (A) REPAYMENT.—If the State determines, equipment, technical assistance, and other clude— through an audit or otherwise, that an enti- technological resources, including— (A) technical assistance in the establish- ty receiving assistance under a grant award- (A) developing sites from which individuals ment of a child care program; ed under this section has misused the assist- may access the training; (B) assistance for the startup costs related ance, the State shall notify the Secretary of (B) converting standard child care training to a child care program; the misuse. The Secretary, upon such a noti- courses to programs for distance learning; (C) assistance for the training of child care fication, may seek from such an entity the and providers; repayment of an amount equal to the (C) promoting ongoing networking among (D) scholarships for low-income wage earn- amount of any such misused assistance plus program participants; and ers; interest.

VerDate Jan 31 2003 23:53 Feb 14, 2003 Jkt 019060 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 E:\CR\FM\A13FE6.105 S13PT2 February 13, 2003 CONGRESSIONAL RECORD — SENATE S2467 (B) APPEALS PROCESS.—The Secretary shall SEC. 2. EXTENSION OF APPLICATION OF LIMITA- 2003, and therefore, the Conference by regulation provide for an appeals process TION ON STATUTORY MINIMUMS IN Committee conceded to a compromise CERTAIN CASES. with respect to repayments under this para- proposal, see Section 636 of Conference graph. (a) IN GENERAL.—Section 3553(f) of title 18, (h) REPORTING REQUIREMENTS.— United States Code, is amended by inserting Report 107–772. This compromise was a (1) 2-YEAR STUDY.— ‘‘whether or not the sentence for that offense much scaled-back version of concur- (A) IN GENERAL.—Not later than 2 years was imposed before, on, or after the date of rent receipt. Senator WARNER correctly after the date on which the Secretary first the enactment of this subsection,’’ before referred to it as a ‘‘beachhead’’, but we awards grants under this section, the Sec- ‘‘the court shall impose a sentence’’. all acknowledged there was much work retary shall conduct a study to determine— (b) EFFECT ON EXISTING CONVICTIONS.—The remaining. (i) the capacity of entities to meet the amendment made by this section shall apply Under last year’s compromise, only a with respect to sentences imposed before the child care needs of communities within small number of veterans—estimated States; date of enactment of this Act but not yet (ii) the kinds of partnerships that are being completed. A prisoner may who was so sen- to be between 15 to 30 thousand—would formed with respect to child care at the local tenced may petition for reconsideration of stand to benefit. The compromise left level to carry out programs funded under that sentence. the contingency language for full con- this section; and current receipt in place, but created a (iii) who is using the programs funded By Mr. REID (for himself, Mr. new category of special compensation, under this section and the income levels of MCCAIN, Mr. AKAKA, Mr. AL- now codified at 10 U.S.C. 1413(a). In this such individuals. LARD, Mr. ALLEN, Mr. BAUCUS, new category, retirees that had at least (B) REPORT.—Not later than 28 months Mr. BIDEN, Mr. BINGAMAN, Mrs. after the date on which the Secretary first a 60 percent disability rating that was BOXER, Mr. BREAUX, Mr. awards grants under this section, the Sec- a direct result of armed conflict, haz- retary shall prepare and submit to the appro- BROWNBACK, Ms. CANTWELL, ardous service, performance of duty priate committees of Congress a report on Mrs. CLINTON, Mr. CORZINE, Mr. under conditions simulating war, or the results of the study conducted in accord- DASCHLE, Mr. DAYTON, Mr. DOR- through an instrumentality of war, ance with subparagraph (A). GAN, Mr. DURBIN, Mrs. FEIN- would be eligible to collect both retire- (2) 4-YEAR STUDY.— STEIN, Mr. GRASSLEY, Mr. ment compensation and disability ben- (A) IN GENERAL.—Not later than 4 years HAGEL, Mr. INOUYE, Mr. JOHN- after the date on which the Secretary first efits. Thus, the current law excludes SON, Ms. LANDRIEU, Mr. LEAHY, awards grants under this section, the Sec- approximately 500,000 disabled veterans retary shall conduct a study to determine Mr. LEVIN, Mrs. LINCOLN, Mr. who have served their country honor- the number of child care facilities funded MILLER, Mr. NELSON of Florida, ably. To exclude these veterans as- through entities that received assistance Mr. NELSON of Nebraska, Mr. sumes that they are less deserving of through a grant awarded under this section ROBERTS, Mr. ROCKEFELLER, fair compensation because they did not that remain in operation and the extent to Mr. SARBANES, Mr. SMITH, Ms. incur their injury in combat. The law which such facilities are meeting the child SNOWE, Mr. CAMPBELL, Mr. also creates an unnecessary bureauc- care needs of the individuals served by such LIEBERMAN, and Mr. COCHRAN): facilities. racy for the VA and the Department of S. 392. A bill to amend title 10, Defense, which currently do not make (B) REPORT.—Not later than 52 months United States Code, to permit retired after the date on which the Secretary first distinctions based on the specific cause awards grants under this section, the Sec- members of the Armed Forces who of a service-connected disability. retary shall prepare and submit to the appro- have a service-connected disability to Therefore, I rise today with Mr. priate committees of Congress a report on receive both military retired pay by MCCAIN, to introduce the ‘‘Retired Pay the results of the study conducted in accord- reason of their years of military serv- Restoration Act of 2003’’, along with ance with subparagraph (A). ice and disability compensation from our colleagues Mr. AKAKA, Mr. ALLARD, (i) DEFINITION.—In this section, the term the Department of Veterans Affairs for Mr. ALLEN, Mr. BAUCUS, Mr. BIDEN, Mr. ‘‘small business’’ means an employer who their disability; to the Committee on employed an average of at least 2 but not BINGAMAN, Ms. Boxer, Mr. BREAUX, Mr. more than 50 employees on business days Armed Services. BROWNBACK, Mr. CAMPBELL, Ms. CANT- during the preceding calendar year. Mr. REID. Madam President, over WELL, Mrs. CLINTON, Mr. CORZINE, Mr. (j) AUTHORIZATION OF APPROPRIATIONS.— the last several years, I have tried to DASCHLE, Mr. DAYTON, Mr. DORGAN, Mr. (1) IN GENERAL.—There is authorized to be correct a long-standing injustice im- DURBIN, Ms. Feinstein, Mr. GRASSLEY, appropriated to carry out this section, pacting our Nation’s veterans. Under a Mr. HAGEL, Mr. INOUYE, Mr. JOHNSON, $60,000,000 for the period of fiscal years 2004 law that is now over 110 years old, most Ms. LANDRIEU, Mr. LEAHY, Mr. LEVIN, through 2006. veterans who retire with 20 years of (2) EVALUATIONS AND ADMINISTRATION.— Mr. LIEBERMAN, Ms. Lincoln, Mr. MIL- With respect to the total amount appro- honorable service, and who also have a LER, Mr. NELSON of Nebraska, Mr. NEL- priated for such period in accordance with service-related disability, cannot col- SON of Florida, Mr. ROBERTS, Mr. this subsection, not more than $5,000,000 of lect both their retirement and their ROCKEFELLER, Mr. SARBANES, Mr. that amount may be used for expenditures disability pay. SMITH, and Ms. SNOWE, to correct this related to conducting evaluations required In 2001, I was joined by 82 cosponsors inequity for veterans who have retired under, and the administration of, this sec- in introducing S. 170, the ‘‘Retired Pay from our Armed Forces with a service- tion. Restoration Act of 2001.’’ Our bill (k) TERMINATION OF PROGRAM.—The pro- connected disability. gram established under subsection (a) shall sought to lift the restrictions to allow Our bill removes the contingency terminate on September 30, 2007. veterans the ‘‘concurrent receipt’’ of language for full concurrent receipt both retirement compensation and dis- currently found at 10 U.S.C 1414(a) and By Mr. LEVIN: ability benefits. Although we were suc- (f), and repeals the Special Compensa- S. 390. A bill to amend title 18, cessful in getting the language ap- tion programs codified at 10 U.S.C. 1413 United States Code, to provide retro- proved in the National Defense Author- and 1413(a). The effect would be to fi- active effect to a sentencing safety ization Act of 2002, now codified at 10 nally implement full concurrent re- valve provision; to the Committee on U.S.C. 1414, the authorization was ceipt, thereby ending the 110 year in- the Judiciary. made contingent upon the passage of equity. Mr. LEVIN. Mr. President, I ask further appropriations. No funds were Passage and implementation of this unanimous consent that the text of ever appropriated and concurrent re- bill is long overdue. I am sure many of this bill be printed in the RECORD. ceipt remained another unfulfilled my colleagues would be interested to There being no objection, the bill was promise to our veterans. learn that Congress imposed these re- ordered to be printed in the RECORD, as In 2002, I introduced S. 2051, the ‘‘Re- follows: strictions on concurrent receipt just tired Pay Restoration Act of 2002’’ to after the Civil War, when the standing S. 390 repeal the contingency language and army of the United States was ex- Be it enacted by the Senate and House of Rep- make concurrent receipt a reality. The resentatives of the United States of America in tremely limited. At that time, only a Congress assembled, Senate again overwhelmingly passed small portion of our armed forces con- SECTION 1. SHORT TITLE. this measure. Unfortunately, the White sisted of career soldiers. This Act may be cited as the ‘‘Safety Valve House threatened a veto of the Na- Today, nearly one and a half million Fairness Act of 2003’’. tional Defense Authorization Act of Americans dedicate their lives to the

VerDate Jan 31 2003 02:33 Feb 15, 2003 Jkt 019060 PO 00000 Frm 00077 Fmt 0624 Sfmt 0634 E:\CR\FM\A13FE6.105 S13PT2 S2468 CONGRESSIONAL RECORD — SENATE February 13, 2003 defense of our Nation. The United pensation concurrently will restore ‘‘(2) The term ‘veterans’ disability com- States’ military force is unmatched in fairness to Federal retirement policy. pensation’ has the meaning given the term terms of power, training and ability. This legislation is supported by nu- ‘compensation’ in section 101(13) of title 38.’’. Our Nation’s status as the world’s only merous veterans’ service organizations, (b) REPEAL OF SPECIAL COMPENSATION PRO- superpower is largely due to the sac- including the Military Coalition, the GRAMS.—Sections 1413 and 1413a of such title are repealed. rifices our veterans made during the National Military/Veterans Alliance, last century. Rather than honoring the American Legion, the Disabled (c) CLERICAL AMENDMENT.—The table of American Veterans, the Veterans of sections at the beginning of such chapter is their commitment and bravery by ful- amended by striking the items relating to filling our obligations, the federal gov- Foreign Wars, the Fleet Reservists As- sections 1413, 1413a, and 1414 and inserting ernment has chosen instead to perpet- sociation, the Military Officer’s Asso- the following: uate a longstanding injustice. Quite ciation, the Paralyzed Veterans of ‘‘1414. Members eligible for retired pay who simply, this is disgraceful, and we must America and the Uniformed Services have service-connected disabil- correct it. Disabled Retirees. ities: payment of retired pay Once again our Nation is calling upon Passing this bill will finally elimi- and veterans’ disability com- the members of the Armed Forces to nate a grossly inequitable 19th century pensation.’’. defend democracy and freedom in Af- law and ensure fairness within the Fed- SEC. 3. EFFECTIVE DATE; PROHIBITION ON RET- ghanistan, in the Persian Gulf and eral retirement policy. Our veterans ROACTIVE BENEFITS. throughout the world. We must send a have heard enough excuses. Now it is (a) IN GENERAL.—The amendments made by signal to the men and women currently time for them to hear our gratitude. I this Act shall take effect on— in uniform that our government takes urge my colleagues to join me in sup- (1) the first day of the first month that be- care of those that make sacrifices for porting this legislation to finally end gins after the date of the enactment of this our Nation. We must demonstrate to this disservice to our retired military Act; or veterans that we are thankful for their men and women. (2) the first day of the fiscal year that be- dedicated service. Our veterans have earned this and gins in the calendar year in which this Act is enacted, if later than the date specified in Military retirement pay and dis- now is our chance to honor their serv- paragraph (1). ability compensation are earned and ice to our Nation. (b) RETROACTIVE BENEFITS.—No benefits awarded for entirely different purposes. I ask unanimous consent that the may be paid to any person by reason of sec- Current law ignores the distinction be- text of this legislation be printed in tion 1414 of title 10, United States Code, as tween these two entitlements. Military the RECORD. amended by section 2(a), for any period be- retired pay is earned compensation for There being no objection, the bill was fore the effective date applicable under sub- the extraordinary demands and sac- ordered to be printed in the RECORD, as section (a). rifices inherent in a military career. It follows: Mr. MCCAIN. Madam President, I is a reward promised for serving two S. 392 first introduced legislation on this decades or more under conditions that Be it enacted by the Senate and House of Rep- issue all the way back in 1992. Then most Americans find intolerable. Vet- resentatives of the United States of America in again in 1993, then again in 1994, then erans’ disability compensation, on the Congress assembled, again in 1995. In 1999, I drafted legisla- other hand, is paid to recompense pain, SECTION 1. SHORT TITLE. tion that became law—as a compromise suffering, and lost future earning This Act may be cited as the ‘‘Retired Pay measure that paid special compensa- Restoration Act of 2003’’. power caused by a service-connected tion pay for severely disabled military SEC. 2. FULL PAYMENT OF BOTH RETIRED PAY illness or injury. Few retirees can af- AND COMPENSATION TO DISABLED retirees with disabilities greater than ford to live on their retired pay alone, MILITARY RETIREES. 50 percent. Here we are in 2003 with an and a severe disability only makes the (a) RESTORATION OF FULL RETIRED PAY opportunity to finally rectify a prob- problem worse by limiting or denying BENEFITS.—Section 1414 of title 10, United lem that has plagued our veterans and any post-service working life. States Code, is amended to read as follows: to rectify it, once and for all, for all Career military retired veterans are ‘‘§ 1414. Members eligible for retired pay who military retirees who have become dis- the only group of Federal retirees who have service-connected disabilities: pay- abled during their military service. are required to waive their retirement ment of retired pay and veterans’ disability compensation I know personally the character of pay in order to receive VA disability Americans who take up arms to defend benefits. All other Federal employees ‘‘(a) PAYMENT OF BOTH RETIRED PAY AND COMPENSATION.—Except as provided in sub- our Nation’s interests and to advance receive both their civil service retire- section (b), a member or former member of our democratic values. I know of all ment and VA disability with no offset. the uniformed services who is entitled to re- the battles, all the grim tests of cour- Simply put, the law discriminates tired pay (other than as specified in sub- age and character, that have made a against career military men and section (c)) and who is also entitled to vet- legend of the Army, Navy, Marine women. It assumes, in effect, that dis- erans’ disability compensation is entitled to Corps and Air Forces devotion to duty. abled military retirees neither need be paid both without regard to sections 5304 Let me remind this body of the grave nor deserve the full compensation they and 5305 of title 38. sacrifice that our men and women who earned for their 20 or more years served ‘‘(b) SPECIAL RULE FOR CHAPTER 61 CAREER RETIREES.—The retired pay of a member re- risk their lives for their country must in uniform. tired under chapter 61 of this title with 20 endure. The United States has exerted This inequity is absurd. How do we years or more of service otherwise creditable military force more than 280 times explain it to the men and women who under section 1405 of this title at the time of since the end of World Ward II. We are sacrificed their own safety to protect the member’s retirement is subject to reduc- even now engaged in an epic struggle this great nation? How do we explain tion under sections 5304 and 5305 of title 38, against a new and hidden enemy that this inequity to those members cur- but only to the extent that the amount of involves the men and women of our rently risking their lives to defeat ter- the member’s retired pay under chapter 61 of armed forces. ror? this title exceeds the amount of retired pay We are currently losing over one to which the member would have been enti- Once again our young men and tled under any other provision of law based thousand World War II veterans each women are defiantly heading into upon the member’s service in the uniformed harms way with the understanding day. Every day we delay acting on this services if the member had not been retired legislation means continuing to deny under chapter 61 of this title. that we, as the lawmakers of this great fundamental fairness to thousands of ‘‘(c) EXCEPTION.—Subsection (a) does not Nation, will ensure they are taken care men and women. They will never have apply to a member retired under chapter 61 of as citizens and as veterans for their the ability to enjoy their two well-de- of this title with less than 20 years of service actions above and beyond the call of served entitlements. otherwise creditable under section 1405 of duty. This bill represents an honest at- this title at the time of the member’s retire- We now have an opportunity to show ment. tempt to correct an injustice that has ‘‘(d) DEFINITIONS.—In this section: a measure of our gratitude to these existed for far too long. Allowing dis- ‘‘(1) The term ‘retired pay’ includes re- brave men and women, and for the fu- abled veterans to receive military re- tainer pay, emergency officers’ retirement ture men and women who continue to tired pay and veterans disability com- pay, and naval pension. serve in this time of trial.

VerDate Jan 31 2003 23:53 Feb 14, 2003 Jkt 019060 PO 00000 Frm 00078 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.102 S13PT2 February 13, 2003 CONGRESSIONAL RECORD — SENATE S2469 The existing law as it stands is sim- ers a credit against income tax with re- that would have been paid to a qualified em- ply discriminatory and wrong. ‘‘Con- spect to employees who participate in ployee for any period during which the quali- current receipt’’ is, at its core, a fair- the military reserve components and to fied employee participates in qualified re- allow a comparable credit for partici- serve component duty, the term ‘qualified ness issue, and present law simply dis- compensation’ means— criminates against career military peo- pating reserve component self-em- ‘‘(A) compensation which is normally con- ple who have been injured or disabled ployed individuals, and for other pur- tingent on the qualified employee’s presence while in conduct of their duties while poses; to the Committee on Finance. for work and which would be deductible from in defense of this great Nation. Retired Mr. ALLEN. Mr. President, I ask the taxpayer’s gross income under section veterans are the only group of federal unanimous consent that the text of the 162(a)(1) if the qualified employee were retirees who are required to waive bill be printed in the RECORD. present and receiving such compensation, their retirement pay in order to receive There being no objection, the bill was ‘‘(B) compensation which is not character- ized by the taxpayer as vacation or holiday VA disability compensation. ordered to be printed in the RECORD, as follows: pay, or as sick leave or pay, or as any other In my view, the two pays are for very form of pay for a nonspecific leave of ab- S. 393 different purposes; one for loyal and sence, and with respect to which the number selfless service to our country. The Be it enacted by the Senate and House of Rep- of days the qualified employee participates other for physical or mental ‘pain and resentatives of the United States of America in in qualified reserve component duty does not Congress assembled, result in any reduction in the amount of va- suffering’ occurred in that service to SECTION 1. SHORT TITLE. country. cation time, sick leave, or other nonspecific This Act may be cited as the ‘‘ll Act of leave previously credited to or earned by the The Retired Pay Restoration Act has 2003’’. qualified employee, and received strong bipartisan support in SEC. 2. CREDIT FOR EMPLOYMENT OF RESERVE ‘‘(C) group health plan costs (if any) with Congress for several years. COMPONENT PERSONNEL. respect to the qualified employee. The Military Coalition, an organiza- (a) IN GENERAL.—Subpart D of part IV of ‘‘(4) QUALIFIED EMPLOYEE.—The term tion of 33 prominent veterans’ and re- subchapter A of chapter 1 of the Internal ‘qualified employee’ means a person who— Revenue Code of 1986 (relating to business-re- tirees’ advocacy groups, supports this ‘‘(A) has been an employee of the taxpayer lated credits) is amended by adding at the for the 21-day period immediately preceding legislation, as do many other veterans’ end the following new section: service organizations, including the the period during which the employee par- ‘‘SEC. 45G. RESERVE COMPONENT EMPLOYMENT ticipates in qualified reserve component Veterans of Foreign Wars, American CREDIT. duty, and Legion and Disabled American Vet- ‘‘(a) GENERAL RULE.—For purposes of sec- ‘‘(B) is a member of the Ready Reserve of erans. tion 38, the reserve component employment a reserve component of an Armed Force of credit determined under this section is an For the brave men and women who the United States as defined in sections 10142 amount equal to the sum of— have selected to make their career in and 10101 of title 10, United States Code. ‘‘(1) the employment credit with respect to ‘‘(c) SELF-EMPLOYMENT CREDIT.— the U.S. military, they face an un- all qualified employees of the taxpayer, plus known risk. If they are injured, they ‘‘(1) IN GENERAL.—The self-employment ‘‘(2) the self-employment credit of a quali- credit of a qualified self-employed taxpayer will be forced to forego their earned re- fied self-employed taxpayer. for any taxable year is equal to 100 percent tired pay in order to receive their VA ‘‘(b) EMPLOYMENT CREDIT.—For purposes of of the excess, if any, of— disability compensation. In effect, they this section— ‘‘(A) the self-employed taxpayer’s average will be paying for their own disability ‘‘(1) IN GENERAL.—The employment credit daily self-employment income for the tax- with respect to a qualified employee of the benefits from their retirement checks. able year over taxpayer for any taxable year is equal to 100 ‘‘(B) the average daily military pay and al- It is long overdue for us to redress percent of the excess, if any, of— the unfair practice of requiring dis- lowances received by the taxpayer during the ‘‘(A) the qualified employee’s average daily taxable year, while participating in qualified abled military retirees to fund their qualified compensation for the taxable year, reserve component duty to the exclusion of own disability compensation. Sixty over the taxpayer’s normal self-employment du- percent is not enough! We need full ‘‘(B) the average daily military pay and al- ties for the number of days the taxpayer par- funding for all military retirees. It is lowances received by the qualified employee ticipates in qualified reserve component time to show our appreciation to the during the taxable year, duty during the taxable year, including time men and women who have sacrificed so while participating in qualified reserve com- spent in a travel status. much for our great Nation. ponent duty to the exclusion of the qualified ‘‘(2) AVERAGE DAILY SELF-EMPLOYMENT IN- Therefore, I am proud to rise today employee’s normal employment duties for COME AND AVERAGE DAILY MILITARY PAY AND the number of days the qualified employee ALLOWANCES.—As used with respect to a self- with Mr. REID, to introduce the ‘‘Re- participates in qualified reserve component employed taxpayer— tired Pay Restoration Act of 2003’’, duty during the taxable year, including time ‘‘(A) the term ‘average daily self-employ- along with our colleagues Mr. AKAKA, spent in a travel status. The employment ment income’ means the self-employment in- Mr. BAUCUS, Mr. BAYH, Mr. BIDEN, Mr. credit, with respect to all qualified employ- come (as defined in section 1402) of the tax- BINGAMAN, Ms. BOXER, Mr. BREAUX, Ms. ees, is equal to the sum of the employment payer for the taxable year plus the amount CANTWELL, Mr. COCHRAN, Mrs. CLINTON, credits for each qualified employee under paid for insurance which constitutes medical MR. CORZINE, Mr. DASCHLE, Mr. DAY- this subsection. care for the taxpayer for such year (within ‘‘(2) AVERAGE DAILY QUALIFIED COMPENSA- the meaning of section 162(l)) divided by the TON, Mr. DORGAN, Mr. DURBIN, Ms. TION AND AVERAGE DAILY MILITARY PAY AND difference between— FEINSTEIN, Mr. INOUYE, Mr. JOHNSON, ALLOWANCES.—As used with respect to a ‘‘(i) 365, and Ms. LANDRIEU, Mr. LEAHY, Mr. LEVIN, qualified employee— ‘‘(ii) the number of days the taxpayer par- Mr. LIEBERMAN, Ms. LINCOLN, Mr. MIL- ‘‘(A) the term ‘average daily qualified com- ticipates in qualified reserve component LER, Mr. NELSON of Nebraska, Mr. NEL- pensation’ means the qualified compensation duty during the taxable year, including time SON of Florida, Mr. ROCKEFELLER, Mr. of the qualified employee for the taxable spent in a travel status, and SARBANES, Mr. ALLARD, Mr. ALLEN, Mr. year divided by the difference between— ‘‘(B) the term ‘average daily military pay BROWNBACK, Mr. CAMPBELL, Mr. GRASS- ‘‘(i) 365, and and allowances’ means— ‘‘(ii) the number of days the qualified em- ‘‘(i) the amount paid to the taxpayer dur- LEY, Mr. HAGEL, Mr. ROBERTS, Mr. ployee participates in qualified reserve com- ing the taxable year as military pay and al- SMITH, and Ms. SNOWE, to correct this ponent duty during the taxable year, includ- lowances on account of the taxpayer’s par- inequity for veterans who have retired ing time spent in a travel status, and ticipation in qualified reserve component from our Armed Forces with a service- ‘‘(B) the term ‘average daily military pay duty, divided by connected disability. and allowances’ means— ‘‘(ii) the total number of days the taxpayer I am thankful for the Senate’s action ‘‘(i) the amount paid to the qualified em- participates in qualified reserve component to address this important issue today ployee during the taxable year as military duty, including time spent in travel status. and I urge the Chairman and Ranking pay and allowances on account of the quali- ‘‘(3) QUALIFIED SELF-EMPLOYED TAXPAYER.— Member to carry this legislative provi- fied employee’s participation in qualified re- The term ‘qualified self-employed taxpayer’ serve component duty, divided by means a taxpayer who— sion through Conference and final pas- ‘‘(ii) the total number of days the qualified ‘‘(A) has net earnings from self-employ- sage. employee participates in qualified reserve ment (as defined in section 1402) for the tax- component duty, including time spent in able year, and By Mr. ALLEN: travel status. ‘‘(B) is a member of the Ready Reserve of S. 393. A bill to amend the Internal ‘‘(3) QUALIFIED COMPENSATION.—When used a reserve component of an Armed Force of Revenue Code of 1986 to allow employ- with respect to the compensation paid or the United States.

VerDate Jan 31 2003 02:05 Feb 15, 2003 Jkt 019060 PO 00000 Frm 00079 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.103 S13PT2 S2470 CONGRESSIONAL RECORD — SENATE February 13, 2003 ‘‘(d) CREDIT IN ADDITION TO DEDUCTION.— (2) by striking the period at the end of BAUCUS, CONRAD, CRAPO, BREAUX, The employment credit provided in this sec- paragraph (15) and inserting ‘‘, plus’’, and LEAHY, HARKIN, DURBIN, CRAIG, JOHN- tion is in addition to any deduction other- (3) by adding at the end the following new SON, CHAFEE, SNOWE, and KERRY. wise allowable with respect to compensation paragraph: This bill, entitled the ‘‘Bipartisan actually paid to a qualified employee during ‘‘(16) the reserve component employment Renewable Efficient Energy with Zero any period the qualified employee partici- credit determined under section 45G(a).’’. pates in qualified reserve component duty to (c) CLERICAL AMENDMENT.—The table of Effluent, BREEZE, Act,’’ extends the the exclusion of normal employment duties. sections for subpart D of part IV of sub- production tax credit for electricity ‘‘(e) LIMITATIONS.— chapter A of chapter 1 of the Internal Rev- generated by wind for three years. The ‘‘(1) DISALLOWANCE FOR FAILURE TO COMPLY enue Code of 1986 is amended by inserting current tax credit is set to expire on WITH EMPLOYMENT OR REEMPLOYMENT RIGHTS after the item relating to section 45F the fol- January 1, 2004. OF MEMBERS OF THE RESERVE COMPONENTS OF lowing new item: As the author of the Wind Energy In- THE ARMED FORCES OF THE UNITED STATES.— ‘‘Sec. 45G. Reserve component employment centives Act of 1993, I sought to give No credit shall be allowed under subsection credit.’’. this alternative energy source the abil- (a) to a taxpayer for— (d) EFFECTIVE DATE.—The amendments ity to compete against traditional, fi- ‘‘(A) any taxable year in which the tax- nite energy sources. I strongly believe payer is under a final order, judgment, or made by this section shall apply to taxable other process issued or required by a district years beginning after December 31, 2002. that the expansion and development of court of the United States under section 4323 wind energy must be facilitated by this of title 38 of the United States Code with re- By Mr. ALLEN: production tax credit. spect to a violation of chapter 43 of such S. 394. A bill to amend the Internal Wind, unlike most energy sources, is title, and Revenue Code of 1986 to expand the an efficient and environmentally safe ‘‘(B) the 2 succeeding taxable years. combat zone income tax exclusion to form of energy production. Wind en- ‘‘(2) DISALLOWANCE WITH RESPECT TO PER- include income for the period of transit ergy makes valuable contributions to SONS ORDERED TO ACTIVE DUTY FOR TRAIN- to the combat zone and to remove the maintaining cleaner air and a cleaner ING.—No credit shall be allowed under sub- limitation on such exclusion for com- environment. Every 10,000 megawatts section (a) to a taxpayer with respect to any missioned officers; to the Committee of wind energy produced in the United period for which the person on whose behalf on Finance. the credit would otherwise be allowable is States can reduce carbon monoxide called or ordered to active duty for any of Mr. ALLEN. Mr. President, I ask emissions by 33 million metric tons by the following types of duty: unanimous consent that the text of the replacing the combustion of fossil ‘‘(A) active duty for training under any bill be printed in the RECORD. fuels. provision of title 10, United States Code, There being no objection, the bill was Since the inception of the wind en- ‘‘(B) training at encampments, maneuvers, ordered to be printed in the RECORD, as ergy production tax credit in 1993, outdoor target practice, or other exercises follows: more than 3,000 megawatts of gener- under chapter 5 of title 32, United States S. 394 ating capacity have been put online. Code, or This generating capacity powers nearly ‘‘(C) full-time National Guard duty, as de- Be it enacted by the Senate and House of Rep- resentatives of the United States of America in 900,000 homes. fined in section 101(d)(5) of title 10, United Just last year, over 400 megawatts of States Code. Congress assembled, SECTION 1. EXPANSION OF INCOME TAX EXCLU- new wind energy capacity was in- ‘‘(f) GENERAL DEFINITIONS AND SPECIAL SION FOR COMBAT ZONE SERVICE. RULES.— stalled, bringing total capacity to more (a) COMBAT ZONE SERVICE TO INCLUDE ‘‘(1) MILITARY PAY AND ALLOWANCES.—The than 4,500 megawatts. Wind energy is TRANSIT TO ZONE.—Section 112(c)(3) of the In- term ‘military pay’ means pay as that term currently serving the equivalent of ternal Revenue Code of 1986 (relating to defi- is defined in section 101(21) of title 37, United more than 1.3 million average Amer- nitions) is amended by adding at the end the States Code, and the term ‘allowances’ following new sentence: ‘‘Such service shall ican homes in 27 states across the means the allowances payable to a member include any period of transit to the combat country. of the Armed Forces of the United States zone.’’. During the past two decades, the under chapter 7 of that title. (b) REMOVAL OF LIMITATION ON EXCLUSION price of wind energy has been reduced ‘‘(2) QUALIFIED RESERVE COMPONENT DUTY.— FOR COMMISSIONED OFFICERS.— more than 80 percent, making it one of The term ‘qualified reserve component duty’ (1) IN GENERAL.—Subsection (b) of section includes only active duty performed, as des- the least expensive sources of renew- 112 of the Internal Revenue Code of 1986 (re- ignated in the reservist’s military orders, in able energy. In order to continue this lating to certain combat zone compensation support of a contingency operation as de- investment and development in Amer- of members of the Armed Forces) is repealed. fined in section 101(a)(13) of title 10, United ica’s energy future, we must extend the (2) CONFORMING AMENDMENTS.— States Code. (A) Section 112(a) of such Code is amend- production tax credit. ‘‘(3) NORMAL EMPLOYMENT AND SELF-EM- ed— From 1999 to 2001, wind energy capac- PLOYMENT DUTIES.—A person shall be deemed (i) by striking ‘‘below the grade of commis- ity in Iowa grew by 33 percent, and to be participating in qualified reserve com- sioned officer’’, and while Iowa ranks tenth in the nation in ponent duty to the exclusion of normal em- (ii) by striking ‘‘ENLISTED PERSONNEL’’ in terms of wind energy potential, Iowa ployment or self-employment duties if the the heading and inserting ‘‘IN GENERAL’’. currently ranks third nationally in person does not engage in or undertake any (B) Section 112(c) of such Code is amended substantial activity related to the person’s wind development, with over 400 by striking paragraphs (1) and (5) and by re- normal employment or self-employment du- megawatts of generating capacity. designating paragraphs (2), (3), and (4) as ties while participating in qualified reserve Only California and Texas generate paragraphs (1), (2), and (3), respectively. component duty unless in an authorized more electricity from wind than Iowa. (c) EFFECTIVE DATE.—The amendments leave status or other authorized absence made by this section shall apply to months And, the Iowa Department of Natural from military duties. If a person engages in beginning after the date of the enactment of Resources estimates that Iowa has the or undertakes any substantial activity re- this Act. potential to produce nearly 5 times its lated to the person’s normal employment or own annual electrical needs through self-employment duties at any time while By Mr. GRASSLEY (for himself, wind power. participating in a period of qualified reserve component duty, unless during a period of Mr. BAUCUS, Mr. CONRAD, Mr. Wind energy also produces substan- authorized leave or other authorized absence CRAPO, Mr. BREAUX, Mr. LEAHY, tial economic benefits. For each wind from military duties, the person shall be Mr. HARKIN, Mr. DURBIN, Mr. turbine, a farmer or rancher can re- deemed to have engaged in or undertaken CRAIG, Mr. JOHNSON, Mr. ceive more than $2,000 per year for 20 such activity for the entire period of quali- CHAFEE, Ms. SNOWE, and Mr. years in direct lease payments. Iowa’s fied reserve component duty. KERRY): major wind farms already pay more ‘‘(4) CERTAIN RULES TO APPLY.—Rules simi- S. 395. A bill to amend the Internal than $640,000 per year to landowners. lar to the rules of subsections (c), (d), and (e) Revenue Code of 1986 to provide a 3- Equally important, wind energy in- of section 52 shall apply for purposes of this year extension of the credit for pro- creases our energy independence, section.’’. ducing electricity from wind; to the thereby providing the United States (b) CONFORMING AMENDMENT.—Section 38(b) of the Internal Revenue Code of 1986 (relat- Committee on Finance. with insulation from an oil supply ing to general business credit) is amended— Mr. GRASSLEY. Mr. President, I rise dominated by the Middle East. Our na- (1) by striking ‘‘plus’’ at the end of para- today to introduce important tax legis- tional security is currently threatened graph (14), lation on behalf of myself and Senators by a heavy reliance on oil from abroad.

VerDate Jan 31 2003 02:05 Feb 15, 2003 Jkt 019060 PO 00000 Frm 00080 Fmt 0624 Sfmt 0634 E:\CR\FM\A13FE6.132 S13PT2 February 13, 2003 CONGRESSIONAL RECORD — SENATE S2471 Unfortunately, due to the structure among America’s sportsmen and scribed in such section if manufactured, pro- of the current tax incentive, a signifi- women, state fish and wildlife agen- duced, or imported by a person who manufac- cant portion of the electricity industry cies, and the sporting goods industry. tures, produces, and imports less than 50 of is unable to take advantage of the Working together with Congress, such articles during the calendar year. ‘‘(2) CONTROLLED GROUPS.—All persons credit. Rural electric cooperatives and Americans who enjoy the outdoors vol- treated as a single employer for purposes of municipal utilities provide power to unteered to pay an excise tax on sport- subsection (a) or (b) of section 52 shall be nearly 25 percent of the Nation’s con- ing arms and ammunition to be used treated as one person for purposes of para- sumers. To encourage a unified na- for hunter education programs, wildlife graph (1).’’. tional energy plan, it’s only fair to give restoration, and habitat conservation. (b) EFFECTIVE DATE.— cooperatives and other not-for-profit Under the tax code, all manufactur- (1) IN GENERAL.—The amendments made by utilities the ability to use renewable ers of firearms must pay an excise tax this section shall apply to articles sold by the manufacturer, producer, or importer on tax incentives. of 10 percent or 11 percent of the retail or after the date which is the first day of the REC’s and municipal utilities should price, depending on the type of firearm. month beginning at least 2 weeks after the be given a mechanism to utilize the tax For more than 25 years custom gun- date of the enactment of this Act. incentives for renewable electricity smiths have sought to clarify that they (2) NO INFERENCE.—Nothing in the amend- generation. And, while the legislation were not intended to be subject to this ments made by this section shall be con- I’m introducing today does not address tax. Many custom gunsmiths do not ac- strued to create any inference with respect this issue, I look forward to working tually make new guns, rather they re- to the proper tax treatment of any sales be- with my colleagues on the Finance model or refurbish existing firearms. fore the effective date of such amendments. Committee to include such a mecha- The proposal establishes an exemption By Mr. ENSIGN (for himself and nism in a comprehensive energy tax from the excise tax for manufacturers Mrs. HUTCHISON): package. of fewer than 50 firearms per year. S. 397. A bill to amend the internal Extending the wind energy tad credit This issue is important to individuals Revenue Code of 1986 to allow a deduc- would allow for even greater expansion in Montana. Steven Dodd Hughes, a tion for the old-age, survivors, and dis- and planning stability in the wind en- custom gunmaker in Livingston, MT, ability insurance taxes paid by employ- ergy field. Wind is a domestically pro- pays this tax. He has a sole proprietor- ees and self-employed individuals, and duced natural resource, found abun- ship, a one man shop. Steven’s business for other purposes; to the Committee dantly across the country. Because is generated from outside of Montana on Finance. wind energy is homegrown, it cannot and brings in much needed revenue to Mr. ENSIGN. Mr. President, 194 years be controlled by any foreign power. his community. He agrees with the tax ago this week, a son was born to Nancy Wind energy can be harnessed with- as it was intended, on manufacturers. and Thomas Lincoln in Elizabethtown, out injury to our environment. Wind is It was not intended to be applied to one Kentucky. That son, Abraham, would a reliable form of power that is renew- man operations such as his. The Amer- go on to become President of the able and inextinguishable. This legisla- ican Custom Gunmakers Guild and the United States at one of the most defin- tion ensures that wind energy does not NRA agree with Mr. Hughes. ing times in our Nation’s history. fall by the wayside as a productive al- In summary, the Gunsmith Excise President Lincoln is still revered ternative energy source. Tax Simplification Act of 2003 would today for his leadership and vision of a The Senate needs to extend this im- accomplish two worthy objectives. country in which all citizens have the portant incentive and I encourage my First, this proposal will eliminate the opportunity to succeed. In 1864, when colleagues to join us in this effort. assessment of the excise tax on custom the outcomes of the war and his re- I ask unanimous consent that the gunmakers, which is fair. Second it election were in question, he asked sol- text of the bill be printed in the eliminates the significant administra- diers from Ohio’s 66th regiment to stop RECORD. tive burden placed on small businesses, at the White House on their way home There being no objection, the bill was such as determining who the manufac- so he could express his appreciation. ordered to be printed in the RECORD, as turer is and who is going to assess and President Lincoln shared with them follows: collect the tax. These custom the following: S. 395 gunmakers rebuild and update the fire- ‘‘I beg you to remember this . . . I Be it enacted by the Senate and House of Rep- arms, they don’t administer tax laws. happen temporarily to occupy this big resentatives of the United States of America in Last year, the Joint Committee on White House. I am a living witness that Congress assembled, Taxation estimated the proposal will any one of your children may look to SECTION 1. SHORT TITLE. decrease revenues by less than $10 mil- come here as my father’s child has. It This Act may be cited as the ‘‘Bipartisan lion over ten years, resulting in mini- is in order that each of you may have Renewable, Efficient Energy with Zero Efflu- mal reduction of the Federal Aid to through this free government which we ent (BREEZE) Act’’. Wildlife Restoration Fund. have enjoyed, an open field and a fair SEC. 2. 3-YEAR EXTENSION OF CREDIT FOR PRO- I ask unanimous consent that the chance for your industry, enterprise DUCING ELECTRICITY FROM WIND. and intelligence; that you may all have Section 45(c)(3)(A) of the Internal Revenue text of my bill entitled ‘‘The Gunsmith Code of 1986 (relating to wind facility) is Excise Tax Simplification Act of 2003’’ equal privileges in the race of life, with amended by striking ‘‘January 1, 2004’’ and be printed in the RECORD. all its desirable human aspirations. It inserting ‘‘January 1, 2007’’. There being no objection, the bill was is for this the struggle would be main- ordered to be printed in the RECORD, as tained, that we may not lose our birth- By Mr. BAUCUS (for himself and follows: right . . . The nation is worth fighting Mr. GRASSLEY): S. 396 for, to secure such an inestimable S. 396. A bill to amend the Internal Be it enacted by the Senate and House of Rep- jewel.’’ Revenue Code of 1986 to exempt small resentatives of the United States of America in That jewel—the American dream manufacturers from the firearms ex- Congress assembled, that should be within reach of all who cise tax; to the Committee on Finance. SECTION 1. SHORT TITLE. grasp for it—has been the hope of gen- Mr. BAUCUS. Mr. President, I am This Act may be cited as the ‘‘Gunsmith erations in this nation. This Nation pleased to introduce the Gunsmith Ex- Excise Tax Simplification Act of 2003’’. that elected Abraham Lincoln—born in cise Tax Simplification Act of 2003. SEC. 2. CUSTOM GUNSMITHS. a one-room log cabin and once a farm- This bill will protect funding for the (a) SMALL MANUFACTURERS EXEMPT FROM hand . . . This Nation that harvests in Federal Aid to Wildlife Restoration FIREARMS EXCISE TAX.—Section 4182 of the its children a yearning to soar beyond Fund by simplifying administration Internal Revenue Code of 1986 (relating to ex- the earth’s atmosphere . . . This Nation and compliance with the excise tax by emptions) is amended by redesignating sub- that preaches that education, hard eliminating the assessment of the tax section (c) as subsection (d) and by inserting after subsection (b) the following new sub- work, and family bring success. against custom gunsmiths. section: Unfortunately, making a living, rais- The creation of the Federal Aid to ‘‘(c) SMALL MANUFACTURERS, ETC.— ing a family, and educating ourselves Wildlife Restoration Fund is one of the ‘‘(1) IN GENERAL.—The tax imposed by sec- and our children is becoming more and great success stories of cooperation tion 4181 shall not apply to any article de- more difficult in America. And it’s the

VerDate Jan 31 2003 02:05 Feb 15, 2003 Jkt 019060 PO 00000 Frm 00081 Fmt 0624 Sfmt 0634 E:\CR\FM\A13FE6.141 S13PT2 S2472 CONGRESSIONAL RECORD — SENATE February 13, 2003 leaders of this nation that have made their Social Security tax. It is text- section (g) as subsection (h) and by inserting the obstacles to success higher to get book double taxation, and if a business after subsection (f) the following new sub- over and wider to get around. concocted such a scheme it would be section: Here in Washington, we’ve built a shut down. How can we continue this ‘‘(g) EMPLOYEES’ OASDI TAXES.— wall of obstacles with one tax burden policy if we would teach our children ‘‘(1) IN GENERAL.—In the case of an indi- after another. Our Founding Fathers that it is wrong? This is only one rea- vidual, in addition to the taxes described in outlined exactly the powers they want- son why the tax is unfair. subsection (a), there shall be allowed as a de- ed Congress to have in Article I, Sec- Another example of the outrageous- duction for the taxable year an amount equal to the sum of— tion 8 of the Constitution. Just because ness of this tax is that while working ‘‘(A) the taxes imposed by section 3101(a) the first thing listed is the power to families are double taxed, American for the taxable year, and lay and collect taxes, doesn’t mean it’s businesses are not. You see, half the ‘‘(B) the taxes imposed by section 3201(a) the power we need to exercise the Social Security tax is paid by workers, for the taxable year but only to the extent most. but employers pay the other half. Busi- attributable to the percentage in effect Not only should we take the respon- nesses and corporations get to deduct under section 3101(a). sibility of stopping the building of this what they pay in Social Security ‘‘(2) SPECIAL RULE FOR CERTAIN AGREE- wall of tax burdens, we need to step up taxes—a savings that working families MENTS.—For purposes of paragraph (1), taxes and start removing these burdens. We are not afforded. This tax discrimina- imposed by section 3101(a) shall include need to alleviate the tremendous stress amounts equivalent to such taxes imposed tion is unacceptable. with respect to remuneration covered by— that comes with having to work to pay We must eliminate this absolutely ‘‘(A) an agreement under section 218 of the so much of what we earn to the govern- wrong tax policy that mocks our Con- Social Security Act, or ment. stitution’s goal to ‘‘promote the gen- ‘‘(B) an agreement under section 3121(l) (re- Last year, the average taxpayer in eral Welfare.’’ I propose an above-the- lating to agreements entered into by Amer- my home State of Nevada did not fin- line deduction for Social Security ican employers with respect to foreign affili- ish paying taxes until April 27, which taxes so that an individual’s Social Se- ates). was also the average across the United curity taxes are not included in the ‘‘(3) COORDINATION WITH SPECIAL REFUND OF States. Everything earned for the first calculation of income for income tax SOCIAL SECURITY TAXES.—Taxes shall not be 117 days of the year went to a govern- taken into account under paragraph (1) to purposes. It’s the right thing to do if the extent the taxpayer is entitled to a spe- ment entity. In comparison, the aver- we want to lead this Nation by exam- cial refund of such taxes under section age American spends only 106 days pay- ple. Providing a Social Security tax de- 6413(c). ing for food, clothing, and shelter com- duction makes sense and will make a ‘‘(4) COORDINATION WITH EARNED INCOME bined. real difference to working families. CREDIT.—No deduction shall be allowed under That doesn’t leave enough days to About 100 million individuals and fami- paragraph (1) for any taxable year if the indi- pay for a family vacation or to save for lies would feel the savings—to the tune vidual elects to claim the earned income education or to pay medical bills or to of around $2,000 each. Such savings credit under section 32 for the taxable year.’’. save for retirement or to take a class translate into real growth and oppor- to improve skills or to do whatever you (3) CONFORMING AMENDMENT.—Subsection tunity. Scholars predict that the Pay- (a) of section 275 of such Code is amended in want with your money—after all, it is roll Tax Deduction Act would mean the matter following paragraph (6) by insert- your money. 900,000 new jobs in this country, and it ing ‘‘or 164(g)’’ after ‘‘164(f)’’. In itself, our tax system is unfair be- also means a Nation of workers who cause American families have to work (b) DEDUCTION FOR SELF-EMPLOYED INDIVID- get to keep more of their hard-earned UALS.— harder to make more money only to money. (1) IN GENERAL.—Paragraph (1) of section pay greater taxes, and workers bear When government takes money away 164(f) of the Internal Revenue Code of 1986 the burden of a government that con- from working families, it stifles (relating to deduction for one-half of self-em- tinues to find ways to tax them into growth and builds obstacles to success. ployment taxes) is amended to read as fol- working even harder. Let’s take this chance to provide relief lows: Whatever our individual thoughts are to America’s families, open the doors ‘‘(1) IN GENERAL.—In the case of an indi- on tax relief, we must agree that, al- to opportunity, and let future genera- vidual, in addition to the taxes described in subsection (a), there shall be allowed as a de- though being taxed has become a chal- tions know that the American dream— lenging part of life, the idea of being duction for the taxable year an amount the jewel that inspired Abraham Lin- equal to the sum of— double taxed is truly the government coln—is well within the reach of all ‘‘(A) the taxes imposed by section 1401(a) stealing from working Americans. Dou- who truly desire it. for such taxable year, plus ble taxation is immoral. Think about it I ask unanimous consent that the ‘‘(B) 50 percent of the taxes imposed by sec- in terms of a parent teaching a child. I text of the bill be printed in the tion 1401(b) for such taxable year. am a parent of three young children. RECORD. In the case of an individual who elects to Just as I would explain to my children There being no objection, the bill was claim the earned income credit under section 32 for the taxable year, only 50 percent of the that it is not all right to take a piece ordered to be printed in the RECORD, as of candy that they have not paid for, I taxes described in subparagraph (A) shall be follows: taken into account.’’. would also tell them it is absolutely S. 397 (2) CONFORMING AMENDMENTS.— not okay to charge someone for some- Be it enacted by the Senate and House of Rep- (A) Section 32(a)(1) of such Code is amend- thing they aren’t getting. But that is resentatives of the United States of America in ed by inserting ‘‘who elects the application exactly what our government is doing Congress assembled, of this section’’ after ‘‘eligible individual’’. with the Social Security tax. SECTION 1. SHORT TITLE. (B) The heading for section 164(f) of such Time magazine recently called it This Act may be cited as the ‘‘Payroll Tax Code is amended by striking ‘‘ONE-HALF’’ ‘‘The Really Unfair Tax.’’ I call it the Deduction Act’’. and inserting ‘‘PORTION’’. (C) Section 1402(a)(12) of such Code is Social Security double dip. The take- SEC. 2. DEDUCTION FOR OLD-AGE, SURVIVORS, amended— home pay of 100 million Americans is AND DISABILITY INSURANCE TAXES OF EMPLOYEES AND SELF-EM- (i) by striking ‘‘one-half’’ the first place it fodder for this gutsy government scam. PLOYED INDIVIDUALS. appears and inserting ‘‘portion’’, and In very simple terms, this means that (a) TAXES OF EMPLOYEES.— (ii) by striking subparagraph (B) and in- when a family pays income tax, the (1) DEDUCTION ALLOWED IN ARRIVING AT AD- serting: portion that is withheld for Social Se- JUSTED GROSS INCOME.—Section 62(a) of the ‘‘(B) a percentage equal to the sum for curity—money that they never see—is Internal Revenue Code of 1986 (defining ad- such year of the rate of tax under section calculated into their personal income. justed gross income) is amended by inserting 1401(a) and one-half of the rate of tax under The first dip is the tax that workers after paragraph (18) the following new para- section 1401(b);’’. graph: pay on wage income. The second dip is (c) EFFECTIVE DATE.—The amendments ‘‘(19) EMPLOYEES’ OASDI TAXES.—The deduc- made by this section shall apply to taxable the icing on the cake for the govern- tion allowed by section 164(g).’’. years beginning after December 31, 2004. ment—taxing money that they are al- (2) DETERMINATION OF DEDUCTION.—Section ready taking anyway. Working Ameri- 164 of such Code (relating to deduction for cans are forced to pay income tax on taxes) is amended by redesignating sub- By Mr. ALLEN:

VerDate Jan 31 2003 23:53 Feb 14, 2003 Jkt 019060 PO 00000 Frm 00082 Fmt 0624 Sfmt 0634 E:\CR\FM\A13FE6.149 S13PT2 February 13, 2003 CONGRESSIONAL RECORD — SENATE S2473 S. 398. A bill to provide that members viously introduced toward the end of The report goes on to state that ap- of the Armed Forces performing serv- the 107th Congress. proximately 300,000 adults and 12,000 ju- ices at Guantanamo Bay Naval Sta- The Campus Classmate Offenders in veniles have been enrolled in the drug tion, Cuba, and in the Horn of Africa in Rehabilitation and Treatment Act, court system to date. Of those partici- support of Operation Enduring Free- which can also be referred to as the pants, 73,000 adults and 4,500 juveniles dom shall be entitled to tax benefits in ‘‘Campus CORT Act,’’ directs the De- have successfully graduated from Drug the same manner as if such services partment of Justice to establish a dem- Courts. were performed in a combat zone, and onstration program to provide grants The merits of the drug court system for other purposes; to the Committee and training to help our Nation’s uni- are well documented. Nationwide, drug on Finance. versities and colleges establish new courts have been instrumental in ena- Mr. ALLEN. Mr. President, I ask quasi-judicial systems. These systems bling more than 1,000 children to be unanimous consent that the text of the aim at countering the serious drug and born drug free, more than 3,500 parents bill be printed in the RECORD. substance abuse related problems that to regain custody of their children, and There being no objection, the bill was are taking such a heavy toll on our in- 4,500 parents to resume making their ordered to be printed in the RECORD, as stitutions of higher learning and the child-support payments. The retention follows: students who attend them. The dem- rate is over 70 percent with 73 percent S. 398 onstration program, which would be of the participants managing to keep Be it enacted by the Senate and House of Rep- administered by the Department of resentatives of the United States of America in their jobs or successfully find new Justice’s Office of Justice Programs, work. These are encouraging statistics, Congress assembled, would be based on the valuable lessons SECTION 1. AVAILABILITY OF CERTAIN TAX BEN- and not just for the individuals in- EFITS FOR MEMBERS OF THE and successes we have garnered from volved, but for society as a whole. our Nation’s innovative and expanding ARMED FORCES PERFORMING SERV- While it is not as easy to measure, we ICES AT GUANTANAMO BAY NAVAL drug court system. STATION, CUBA, AND IN THE HORN Specifically, this demonstration pro- know that Drug Courts play a bene- OF AFRICA. gram legislation would authorize the ficial role in reducing criminal behav- (a) GENERAL RULE.—In the case of a mem- establishment of up to five Campus ior since so much crime these days is ber of the Armed Forces of the United States drug related. who is entitled to special pay under section CORTs each year for Fiscal Years 2004 310 of title 37, United States Code (relating through 2007. The bill authorizes the Drug Courts also help save up money. to special pay: duty subject to hostile fire or Office of Justice Programs to provide It is estimated that every dollar spent imminent danger), for services performed at $2,000,000 in Federal funding during on Drug Courts saves our country and Guantanamo Bay Naval Station, Cuba, or in each of those years to help get five communities approximately ten dollars any country located in the region known as Campus CORTs well trained, soundly in reduced prison and other criminal the Horn of Africa as part of Operation En- justice costs. during Freedom (or any successor operation), established and up and running. This such member shall be treated in the same new program’s approach should be These are the kind of successes we manner as if such services were in a combat similar to how the Office of Justice should be able to see once the drug zone (as determined under section 112 of the Programs currently runs the ongoing court model is customized and applied Internal Revenue Code of 1986) for purposes drug court grant-making program, in- through Campus CORTs as we work to- of the following provisions of such Code: cluding providing an Internet-based ap- gether to respond to the alcohol, drug (1) Section 2(a)(3) (relating to special rule plication process. and other substance abuse challenges where deceased spouse was in missing sta- There are plenty of good reasons to tus). facing our Nation’s colleges and uni- (2) Section 112 (relating to the exclusion of take the next step and establish a Cam- versities. certain combat pay of members of the Armed pus CORTs program based on the drug Just as drugs are deeply inter- Forces). court model. Since they first appeared connected with crime on our streets, (3) Section 692 (relating to income taxes of in 1989, drug courts have rapidly spread drugs and serious substance abuse are members of Armed Forces on death). all across the Nation. Rather than sim- also interconnected with much of the (4) Section 2201 (relating to members of the ply locking-up nonviolent drug offend- Armed Forces dying in combat zone or by academic failure that damages so ers in prison along side violent crimi- many of our Nation’s institutions of reason of combat-zone-incurred wounds, nals, drug courts provide the alter- etc.). higher learning and their aspiring stu- (5) Section 3401(a)(1) (defining wages relat- native of court-supervised treatment. dents seeking college degrees. Instead of simply punishing, drug ing to combat pay for members of the Armed Our Nation’s drug courts use a carrot Forces). courts help get people clean. (6) Section 4253(d) (relating to the taxation Drug courts’ many successes are un- and stick approach where offenders can of phone service originating from a combat derscored both by the bipartisan sup- either live at home and remain free to zone from members of the Armed Forces). port they have received in Congress work under court supervised treatment (7) Section 6013(f)(1) (relating to joint re- and by the Bush Administration. For or face the very real threat of hard jail turn where individual is in missing status). example, during a national conference time. Similarly, Campus CORTs will (8) Section 7508 (relating to time for per- hosted this last April by the National give troubled students the chance to forming certain acts postponed by reason of Association of Drug Court Profes- get supervised treatment and stay service in combat zone). clean or get kicked out of school and (b) EFFECTIVE DATES.— sionals, both Office of National Drug (1) IN GENERAL.—Except as provided in Control Policy Director John Walters, watch their futures get squandered paragraph (2), this section shall take effect our Nation’s ‘‘Drug Czar,’’ and Drug away. on the date of the enactment of this Act. Enforcement Agency Director Asa Instead of simply booting students (2) WITHHOLDING.—Subsection (a)(5) shall Hutchinson gave speeches in support of with substance abuse problems directly apply to remuneration paid on or after such drug courts and the benefits they pro- out of school, as is currently happening date of enactment. vide. at many universities and colleges all By Mr. CAMPBELL: According to the latest statistics as across the country, I believe we should S. 399. A bill to authorize grants for reported by the Department of Jus- instead help provide institutions of the establishment of quasi-judicial tice’s Office of Justice Programs, as of higher learning with new tools they campus drug courts at colleges and November 2002, 946 Drug Courts are op- can use to help students get and stay universities modeled after State drug erating all across the United States. clean. Of course, just like it is with the courts programs; to the Committee on This is an impressive increase of ap- existing drug courts, there will be some the Judiciary. proximately 250 Drug Courts over the students who simply do not respond to Mr. CAMPBELL. Madam President, past year. This 946 Drug Courts in- Campus CORTs. While those students today I introduce the ‘‘Campus Class- cludes 547 Adult Drug Courts, 245 Juve- will have to face the fact that they mate Offenders in Rehabilitation and nile Drug Courts, 59 Family Drug may well be expelled from school, at Treatment Act of 2003.’’ Courts and 14 Combination Courts. least we will have been able to give The legislation I am introducing Over 400 additional new Drug Courts them the opportunity to clean-up their today is based on legislation I pre- are in the planning process. act.

VerDate Jan 31 2003 23:53 Feb 14, 2003 Jkt 019060 PO 00000 Frm 00083 Fmt 0624 Sfmt 0634 E:\CR\FM\A13FE6.151 S13PT2 S2474 CONGRESSIONAL RECORD — SENATE February 13, 2003 Since the new Campus CORTs would Senate in the near future. Not only are cam- (2) have jurisdiction over substance abuse be established at colleges and univer- pus drug courts a natural progression of the related disciplinary cases involving students sities, the legislation calls on the Of- traditional drug court system which has pro- that may or may not be criminal in nature, fice of Justice Programs, or OJP, to es- liferated successfully throughout the coun- including illegal drug use, abuse of prescrip- try for more than a decade, but they also tion drugs, alcohol abuse, and other issues, tablish new ‘‘quasi-judicial standards will serve as yet another mechanism to re- but no student who is deemed to be a danger and procedures for disciplinary cases’’ duce drug abuse and its concomitant crime. to the community may be involved; for institutions of higher learning that Drug court professionals throughout the (3) pursuant to regulations promulgated by wish to participate in the new Federal country truly appreciate your tenacious sup- the Attorney General, establish appropriate program. port and are eager to work collectively with quasi-judicial standards and procedures for Today, I am pleased to highlight that you and other legislators to ensure that sub- disciplinary cases; and stance-abusing students are reached early (4) impose as the ultimate sanction expul- one of the leading institutions of high- and do not continuously cycle through the er learning in my home State, Colorado sion from school. revolving door of the criminal justice sys- (c) CONSULTATION.—The Attorney General State University, CSU, has already tem. shall consult with the National Association broken new ground as the Nation’s first Because of your in depth knowledge of the of Drug Court Professionals, d.b.a., the Na- university to apply the drug court con- substance abuse and its concomitant crime, tional Drug Court Institute, universities and cept in a campus setting. The ‘‘Day you are already aware that drug and alcohol colleges, including the Campus Drug Court IV’’ program, as it is known at CSU, abuse is not limited to a specific age, gender program at Colorado State University, and or race. However, according to the 2001 Na- other experts in establishing quasi-judicial has racked-up a successful record in tional Household Survey on Drug Abuse, ap- helping keep students clean and in standards required by this Act. proximately 15.9 million Americans aged 12 (d) ASSISTANCE.—The Attorney General school. or older were current users of an illicit drug shall make grants to qualified universities Our Drug Court system is making a in 2001, representing 7.1% of the population. and colleges, the National Association of difference all across our Nation. In The highest rate of use was found among Drug Court Professionals, d.b.a., the Na- fact, a 2002 report issued by Columbia young adults (ages 18–25) with 18.8% report- tional Drug Court Institute, and other asso- University’s prestigious National Cen- ing current use and among youth (ages 12–17) ciations and experts to assist in establishing ter on Addiction and Substance Abuse with 10.8%. Current use of any illicit drug in campus drug courts and provide training and the population aged 12 and older increased technical assistance in support of the pro- states that ‘‘Drug Courts provide clos- significantly from 6.3% in 2000 to 7.1% in er, more comprehensive supervision gram. 2001. The Substance Abuse and Mental (e) GRANT MAKING CONSIDERATIONS.—In and much more frequent drug testing Health Services Administration reported an awarding grants to qualified colleges or uni- and monitoring during the program, equally alarming statistic in its fact sheet versities, the Office of Justice Programs than other forms of community super- entitled ‘‘Consequences of Underage Alcohol should— vision.’’ The report underscores that Use’’ as it stated in 1998, there were 8,844 ar- (1) endeavor to include colleges and univer- ‘‘drug use and criminal behavior are rests for drug law violations on 487 college sities of different sizes across the United campuses. States; and substantially reduced while offenders Unfortunately, the 2001 National House- are participating in drug court’’ and (2) enable colleges and universities to hold Survey on Drug Abuse and other studies apply for grants through the Internet site of that ‘‘criminal behavior is lower after clearly indicate that the need still exists to the Office of Justice Programs. participation, especially for grad- invest more attention to the rising problem SEC. 3. AUTHORIZATION OF APPROPRIATIONS. uates.’’ of drug abuse, specifically on college cam- There are authorized to be appropriated Our Nation’s Drug Court system is a puses, throughout the country. Drug courts $2,000,000 for each of the fiscal years 2004 good example of a viable and produc- have already proven that an early invest- through 2007 to carry out this Act. tive partnership between the Federal ment in treatment obviates the need for re- peated investments in incarceration and Government our State governments By Ms. LANDRIEU: allow previously addicted offenders to lead S. 401. A bill to amend title 10, and local jurisdictions. Their collabo- healthy, productive lives within their com- ration is making a positive impact all munities. Campus drug courts are the nat- United States Code, to increase to par- across our country. I want to take this ural extension of drug courts and will com- ity with other surviving spouses the moment to thank the people of the bat campus drug and alcohol abuse head on, basic annuity that is provided under OJP, the experts at the National Asso- thereby preventing accidents and crimes at the uniformed services Survivor Ben- ciation of Drug Court Professionals and colleges and universities throughout the na- efit Plan for surviving spouses who are the state and local judges, prosecutors, tion. at least 62 years of age; and for other Thank you once again for you stanch sup- purposes; to the Committee on Armed law enforcement officers and other offi- port of the drug court field and for intro- cials who have done so much to estab- ducing the ‘‘Campus CORT Act.’’ I look for- Services. lish, build upon and continually im- ward to providing support to this and similar Ms. LANDRIEU. Mr. President, I rise prove our Nation’s drug court system. legislation and to working with you and today to speak on an issue of great im- I also want to take a moment to your staff in the future. portance to our military retirees. This thank Judge Karen Freeman Wilson, Very truly yours, issue I want to address is the Sur- Chief Executive Officer of the National Judge KAREN FREEMAN-WILSON (ret.), vivor’s Benefit Plan and the need to Association of Drug Court Profes- Chief Executive Officer. eliminate the Social Security offset. The Survivor’s Benefit Plan, SBP, sionals for her letter of support for the S. 399 has been in existence for nearly 30 Campus CORT legislation I am intro- Be it enacted by the Senate and House of Rep- ducing today. It is appreciated. resentatives of the United States of America in years. Under this plan, military retir- I ask unanimous consent that the Congress assembled, ees may contribute part of their letter of support and the text of the SECTION 1. SHORT TITLE. monthly retirement pay to the SBP, bill be printed in the RECORD. This Act may be cited as the ‘‘Campus with the knowledge that after their There being no objection, the mate- Classmate Offenders in Rehabilitation and death, their spouses can continue to re- rial was ordered to be printed in the Treatment Act’’ or the ‘‘Campus CORT Act’’. ceive 55 percent of their monthly re- SEC. 2. ESTABLISHMENT OF CAMPUS DRUG RECORD, as follows: tirement pay. But, when the surviving COURTS. spouse reaches the age of 62, something NATIONAL ASSOCIATION OF (a) IN GENERAL.—The Attorney General, DRUG COURT PROFESSIONALS, acting through the Office of Justice Pro- disturbing happens. At the age of 62, Alexandria, VA, January 15, 2003. grams, is authorized to make demonstration the widow or widower of a military re- Senator BEN NIGHTHORSE CAMPBELL, grants to accredited universities and col- tiree sees his or her payments under Russell Senate Office Building, leges to establish not to exceed 5 campus the SBP shrink to 35 percent. This re- Washington, DC. classmate offenders in rehabilitation and duction is an offset for the Social Secu- DEAR SENATOR CAMPBELL: As the rep- treatment programs (referred to as ‘‘Campus rity payments that the survivor has resentative of the National Association of CORTS’’) each fiscal year modeled after the begun to collect. Drug Court Professionals (NADCP) and of statewide local drug court programs The survivors of military retirees drug court professionals throughout the throughout the United States. country, I am writing this letter of support (b) CAMPUS CORTS.—Campus CORTS find this to be unjust, and rightly so. for the Campus Classmate Offenders in Reha- shall— The SBP is a fund that their spouses bilitation and Treatment (CORT) Act’’ which (1) be established at accredited colleges or payed into, with the expectation that I understand you will be introducing in the universities; their survivors would be taken care of

VerDate Jan 31 2003 02:18 Feb 15, 2003 Jkt 019060 PO 00000 Frm 00084 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.105 S13PT2 February 13, 2003 CONGRESSIONAL RECORD — SENATE S2475 after they pass away. The SBP is not a ‘‘It curtails my spending. It stops me from serting ‘‘the percent specified under para- lavish monthly payment, but reflects buying the things I want and need,’’ said Bil- graph (1)(B)(i) as being applicable for the the low salaries that men and women lie Combs, 73, of Bossier City, widow of an month’’. on active duty receive. In a recent arti- Air Force master sergeant who died in 1995. (3) Subsection (c)(1)(B)(i) of such section is ‘‘I just cut back and make sure I have amended— cle in the Shreveport Times, Billie enough to carry me over to the next month.’’ (A) by striking ‘‘35 percent’’ and inserting Combs, who is 73, and is the widow of Lee Lange of the Military Officers Associa- ‘‘the applicable percent’’; and an Air Force Master Sergeant com- tion of America called the cutback wrong. (B) by adding at the end the following: mented on the strain that the Social ‘‘It just seems counter-intuitive that we ‘‘The percent applicable for a month under Security Offset imposes on their budg- would be cutting their benefit as they get the preceding sentence is the percent speci- et. She said: ‘‘It curtails my spending. older.’’ fied under subsection (a)(1)(B)(i) as being ap- It stops me from buying the things Benefits for elderly widows and widowers plicable for the month.’’. at the 35 percent level are modest even for that I need; I just cut back and make (4) The heading for subsection (d)(2)(A) of relatively senior officers, Lange said. For such section is amended to read as follows: sure that I have enough to carry me many widows of enlisted service members, ‘‘COMPUTATION OF ANNUITY.—’’. through to the next month.’’ the money amounts to less than $5,000 a (b) PHASED ELIMINATION OF SUPPLEMENTAL The legislation that I introduce year. ANNUITY.—(1) Section 1457(b) of title 10, today would slowly phase out the so- About 800,000 of the nation’s 1.9 million re- United States Code, is amended— cial security offset to Survivor Benefit tirees are paying 6.5 percent of their retire- (A) by striking ‘‘5, 10, 15, or 20 percent’’ and Plan, reducing it significantly by 2007, ment pay to participate in the plan, and inserting ‘‘the applicable percent’’; and more than 250,000 survivors are collecting and completely erasing it by 2013. (B) by inserting after the first sentence the the benefits. following: ‘‘The percent used for the com- Those who choose the military as Service members automatically are en- their profession don’t do it for the putation shall be an even multiple of 5 per- rolled in the program when they retire but cent and, whatever the percent specified in money. They do it because they have a can opt out if they and their spouses sign a the election, may not exceed 20 percent for love for country. They have a love for form. months beginning on or before the date of The controversial drop is called a Social country that runs so deep, they would the enactment of the SBP Benefits Improve- Security offset. The theory behind the drop gladly sacrifice their lives in defense of ment Act of 2003, 15 percent for months be- was that the plan should give a survivor ac- ginning after that date and before October the homeland. Despite the extreme sac- cess to about 55 percent of the member’s re- 2007, and 10 percent for months beginning rifice our Soldiers, Sailors, Airmen, tired pay—but from all sources related to after September 2007.’’. and Marines are willing to make, they military service, including Social Security. (2) Effective on October 1, 2013, chapter 73 are not well compensated. And we The offset began as a dollar-for-dollar re- of such title is amended— duction but was changed in 1985 to the cur- don’t just ask the servicemen to sac- (A) by striking subchapter III; and rent plan. Survivors whose spouses were eli- rifice, we ask their families to make a (B) by striking the item relating to sub- gible to retire by Oct. 1, 1985, may have the sacrifice. They endure long periods of chapter III in the table of subchapters at the offset computed under the old system or the separation, they live in military hous- beginning of that chapter. new to gain the best benefit. The offset is ing which in many cases is sub- computed only upon death of the retiree. (c) RECOMPUTATION OF ANNUITIES.—(1) Ef- standard, and we ask them to get by on Veteran’s organizations—including the fective on the first day of each month re- low pay. The least we can do for our Military Officers Association, the Non-com- ferred to in paragraph (2)— servicemen is to given them a decent missioned Offers Association, the American (A) each annuity under section 1450 of title 10, United States Code, that commenced be- retirement system. The very least we Legion and the Fleet Reserve Association— want Congress to eliminate the benefit re- fore that month, is computed under a provi- can do for their widows, is to restore sion of section 1451 of that title amended by the funds that are unjustly removed duction. The Military Coalition, a group of 33 mili- subsection (a), and is payable for that month from their survivor’s benefit plan. tary and veterans groups, plans to push for shall be recomputed so as to be equal to the Mr. President, I ask unanimous con- elimination of the cutback as an issue of amount that would be in effect if the percent sent that the article and the text of fairness and equity for the survivors. applicable for that month under that provi- this bill be printed in the RECORD. That’s how Combs of Bossier City sees it. sion, as so amended, had been used for the There being no objection, the mate- ‘‘I would tell Congress to worry about the initial computation of the annuity; and rial was ordered to be printed in the widows. Worry about the women that are left (B) each supplemental survivor annuity behind and don’t have very much money and under section 1457 of such title that com- RECORD, as follows: are never really able to get on their feet,’’ menced before that month and is payable for MILITARY WIDOWS LOSE CHUNK OF BENEFITS Combs said. that month shall be recomputed so as to be AT 62 ‘‘Imagine if all the wives told their hus- equal to the amount that would be in effect (By Dennis Camire) bands to get out of the military, that they if the percent applicable for that month WASHINGTON.—Some survivors of military could make a better living on the outside, under that section, as amended by this sec- retirees have a rude awakening when they then where would we be? But we didn’t do tion, had been used for the initial computa- turn 62 and find their income from a Defense that because they made a promise to us. And tion of the supplemental survivor annuity. Department pension plan slashed. now we are having to fight for it.’’ (2) The requirements for recomputation of Many who enrolled in the survivor annuity annuities under paragraph (1) apply with re- plan in the 1970s say they understood their S. 401 spect to the following months: surviving spouses would receive 55 percent of Be it enacted by the Senate and House of Rep- (A) The first month that begins after the their retirement pay for life. resentatives of the United States of America in date of the enactment of this Act. But that’s not the case. The benefit droops Congress assembled, (B) October 2007. to as low as 35 percent when survivors reach SECTION 1. SHORT TITLE. (C) October 2013. 62. Retires who have paid decades of pre- This Act may be cited as the ‘‘SBP Bene- (d) RECOMPUTATION OF RETIRED PAY REDUC- miums say they feel betrayed. fits Improvement Act of 2003’’. TIONS FOR SUPPLEMENTAL SURVIVOR ANNU- ‘‘I like to have dropped dead right there,’’ SEC. 2. FULL AMOUNT OF SURVIVOR BENEFITS ITIES.—The Secretary of Defense shall take Marion Charles, 78, said in finding out about FOR SURVIVING SPOUSES WHO ARE such actions as are necessitated by the the reduction after her husband, Edward, 62 YEARS OF AGE OR OVER. amendments made by subsection (b) and the died last year, ‘‘In fact, I wondered why God (a) PHASED INCREASED OF BASIC ANNUITY.— requirements of subsection (c)(1)(B) to en- didn’t take me with Ed.’’ (1) Subsection (a)(1)(B)(i) of section 1451 of sure that the reductions in retired pay under Charles of Plant City, Fla., was left strug- title 10, United States Code, is amended by section 1460 of title 10, United States Code, gling with funeral expenses, credit card debts striking ‘‘35 percent of the base amount.’’ are adjusted to achieve the objectives set and house maintenance bills after she saw and inserting ‘‘the product of the base forth in subsection (b) of that section. her income drop by $1,200 a month upon the amount and the percent applicable for the death of her husband, who retired in 1966 as month. The percent applicable for a month is By Mr. FEINGOLD: a Navy chief petty officer. She now lives in 35 percent for months beginning on or before S. 402. A bill to abolish the death a damaged 28-foot travel trailer and gets by the date of the enactment of the SBP Bene- penalty under Federal law; to the Com- with help from the Navy-Marine Corps Relief fits Improvement Act of 2003, 40 percent for mittee on the Judiciary. Society. months beginning after such date and before Mr. FEINGOLD. Mr. President, today Though the annuity covers all spouses of October 2007, 45 percent for months begin- military service members who don’t opt out, ning after September 2004, and 55 percent for I introduce the Federal Death Penalty women overwhelmingly are affected because months beginning after September 2013.’’. Abolition Act of 2003. This bill would most who have chosen the military as a ca- (2) Subsection (a)(2)(B)(i)(I) of such section abolish the death penalty at the Fed- reer through the years have been men. is amended by striking ‘‘35 percent’’ and in- eral level. It would put an immediate

VerDate Jan 31 2003 23:53 Feb 14, 2003 Jkt 019060 PO 00000 Frm 00085 Fmt 0624 Sfmt 0634 E:\CR\FM\A13FE6.167 S13PT2 S2476 CONGRESSIONAL RECORD — SENATE February 13, 2003 halt to executions and forbid the impo- tice system. It is more clear than ever learned of suspected racial disparities sition of the death penalty as a sen- before that we have put innocent peo- in the administration of the death pen- tence for violations of Federal law. ple on death row. In addition, statistics alty in Maryland. Governor Glendening Since 1976, when the death penalty show that those States that have the did not look the other way. He commis- was reinstated by the Supreme Court, death penalty are more likely to put sioned the University of Maryland to there have been 830 executions across people to death for killing white vic- conduct the most exhaustive study of the country, including two at the Fed- tims than for killing black victims. Maryland’s application of the death eral level. At the same time, 103 people After the death penalty was rein- penalty in history. Then last year, on death row were later found innocent stated in 1976, the Federal Government faced with the rapid approach of a and released from death row. Exoner- first resumed death penalty prosecu- scheduled execution, Governor ated inmates are not only removed tions after enactment of a 1988 Federal Glendening acknowledged that it was from death row, but they are usually law that provided for the death penalty unacceptable to allow executions to released from prison altogether. Appar- for murder in the course of a drug- take place while the study he had or- ently, these people never should have kingpin conspiracy. The Federal death dered was not yet complete. So, in May been convicted in the first place. While penalty was then expanded signifi- 2002, he placed a moratorium on execu- death penalty proponents claim that cantly in 1994, when the omnibus crime tions. the death penalty is fair, efficient, and bill allowed its use to apply to a total That study was released in January a deterrent, the fact remains that our of some 60 Federal offenses. Since 1994, and the findings should startle us all. criminal justice system has failed and Federal prosecutions seeking the death The study found that blacks accused of has resulted in at least 103 very grave penalty have now accelerated. killing whites are simply more likely mistakes. A survey on the Federal death pen- to receive a death sentence than blacks Eight hundred and thirty executions, alty system from 1988 to early 2000 was who kill blacks, or than white killers. and 103 exonerations. Those are not released by the U.S. Department of According to the report, black offend- good odds. It is an embarrassing sta- Justice in September 2000. That report ers who kill whites are four times as showed troubling racial and geographic tistic, one that should have us all ques- likely to be sentenced to death as disparities in the federal government’s tioning the use of capital punishment blacks who kill blacks, and twice as administration of the death penalty. In in this country. likely to get a death sentence as whites other words, who lives and who dies in Since January 25, 2001, when I last in- who kill whites. troduced this bill, the Federal Govern- the Federal system appears to relate to Maryland and Illinois are not excep- ment resumed executions for the first the color of the defendant’s skin or the tions to a rule, nor anomalies in an time in almost 40 years, and 138 people region of the country where the defend- otherwise perfect system. In fact, since have been executed nationwide. In this ant is prosecuted. Attorney General reinstatement of the modern death Janet Reno was so disturbed by the re- new year, we have begun our use of penalty, 81 percent of capital cases sults of that report that she ordered a capital punishment at an alarming across the country have involved white further, in-depth study of the results. pace. We are only in the second week of victims, even though only 50 percent of Attorney General John Ashcroft February, and there have already been murder victims are white. Nationwide, pledged to continue that study, but we 10 executions this year. And yet this more than half of the death row in- still await the results of that further one-to-eight error rate looms. Is it pos- mates are African Americans or His- study. The Federal Government should sible that those 10 people are represent- panic Americans. do all that it can to ensure that no per- ative of the one-to-eight error rate There is evidence of racial dispari- son is ever subject to harsher penalties, that has plagued the death penalty ties, inadequate counsel, prosecutorial most importantly that of capital pun- since it was reinstated in 1976? Is it misconduct, and false scientific evi- ishment, because of the color of the de- possible that in the last six weeks, as dence in death penalty systems across fendant’s skin. we have debated a war in Iraq, funding I am certain that not one of my col- the country. While the research done in levels for Federal programs, and judi- leagues here in the Senate, not a single Maryland and Illinois has yielded cial nominations, our nation has killed one, would defend racial discrimination shocking results, there are 36 other an innocent person? in this ultimate punishment. The most States that authorize the use of the It is a difficult question to ask, but fundamental guarantee of our Con- death penalty, most of them far more an even more difficult one to ignore. stitution is equal justice under law, frequently. Twenty-one of the 38 States While executions continue and the and equal protection of the laws. that authorize capital punishment death row population grows, the na- While the Federal death penalty sys- have executed more inmates than tional debate on the death penalty con- tem is clearly plagued by flaws, there Maryland, and 13 of those States have tinues and has become even more vig- are 38 States across our Nation that carried out more executions than Illi- orous. The number of voices joining in also authorize the use of capital pun- nois. So while we are closer to uncover- to express doubt about the use of cap- ishment. And like the Federal system, ing the unthinkable truth about the ital punishment in America is growing. those systems are not free from error. flaws in the Maryland and Illinois As evidence of the flaws in our system Over three years ago, Governor death penalty systems, there are 36 mounts, it has created an awareness George Ryan took the historic step of other states with systems that are that has not escaped the attention of placing a moratorium on executions in most likely plagued with the same the American people. Layer after layer Illinois and creating an independent, flaws. And yet, the killing continues. of confidence in the death penalty sys- blue ribbon commission to review the At the beginning of 2003, at the be- tem has been gradually peeling away, State’s death penalty system. The ginning of a new century and millen- and the voices of those questioning its Commission conducted an extensive nium with hopes for great progress, I fairness are growing louder and louder. study of the death penalty in Illinois cannot help but believe that our Now they can be heard from college and released a report with 85 rec- progress has been tarnished by our Na- campuses and court rooms and podiums ommendations for reform of the death tion’s not only continuing, but increas- across the Nation, to the Senate Judi- penalty system. The Commission con- ing use of the death penalty. We are a ciary Committee hearing room, to the cluded that the death penalty system Nation that prides itself on the funda- Supreme Court. We must not ignore is not fair, and that the risk of exe- mental principles of justice, liberty, them. cuting the innocent is alarming real. equality and due process. We are a Na- That our society relies on killing as Governor Ryan recently pardoned four tion that scrutinizes the human rights punishment is disturbing enough. Even death row inmates and commuted the records of other nations. We are one of more disturbing, however, is that the sentences of all remaining Illinois the first nations to speak out against States’ and Federal Government’s use death row inmates, after the State leg- torture and killings by foreign govern- of the death penalty is often not con- islature failed to enact even one of the ments. We should hold our own system sistent with principles of due process, Commission’s recommendations. of justice to the highest standard. fairness, and justice. These principles Illinois is not alone. Two years ago, Over the last two years, some promi- are the foundation of our criminal jus- then Governor Parris Glendening nent voices in our country have done

VerDate Jan 31 2003 23:53 Feb 14, 2003 Jkt 019060 PO 00000 Frm 00086 Fmt 0624 Sfmt 0634 E:\CR\FM\A13FE6.164 S13PT2 February 13, 2003 CONGRESSIONAL RECORD — SENATE S2477 just that. And they are not just voices the last three years, only four nations DEATH.—Section 34 of title 18, United States of liberals, or of the faith community. have executed juvenile offenders: Iran, Code, is amended by striking ‘‘to the death They are the voices of Justice Sandra the Congo, Pakistan, and the United penalty or’’. Day O’Connor, Reverend Pat Robert- States. (3) MURDER COMMITTED DURING A DRUG-RE- son, George Will, former FBI Director Iran, the Congo, and Pakistan are LATED DRIVE-BY SHOOTING.—Section countries that are often criticized for 36(b)(2)(A) of title 18, United States Code, is William Sessions, Republican Governor amended by striking ‘‘death or’’. George Ryan, and Democratic Gov- human rights abuses. We should re- (4) MURDER COMMITTED AT AN AIRPORT ernor Parris Glending. The voices of move any grounds for charges that SERVING INTERNATIONAL CIVIL AVIATION.—Sec- those questioning our application of human rights violations are taking tion 37(a) of title 18, United States Code, is the death penalty are growing in num- place on our own soil by halting the amended, in the matter following paragraph ber, and they are growing louder. execution of people who were not even (2), by striking ‘‘punished by death or’’. And while we examine the flaws in adults when they committed the (5) CIVIL RIGHTS OFFENSES RESULTING IN our death penalty system, we cannot crimes for which they were sentenced DEATH.—Chapter 13 of title 18, United States help but note that our use of the death to die. No one can reasonably argue Code, is amended— penalty stands in stark contrast to the that executing child offenders is a nor- (A) in section 241, by striking ‘‘, or may be majority of nations, which have abol- mal or acceptable practice in the world sentenced to death’’; (B) in section 242, by striking ‘‘, or may be ished the death penalty in law or prac- community. And I do not think that we sentenced to death’’; tice. There are now 111 countries that should be proud that the United States (C) in section 245(b), by striking ‘‘, or may have abolished the death penalty in is the world leader in the execution of be sentenced to death’’; and law or in practice. The European Union child offenders. (D) in section 247(d)(1), by striking ‘‘, or denies membership in the alliance to As we begin a new year and another may be sentenced to death’’. those nations that use the death pen- Congress, our society is still far from (6) MURDER OF A MEMBER OF CONGRESS, AN alty. In fact, it passed a resolution fully just. The continued use of the IMPORTANT EXECUTIVE OFFICIAL, ORASU- calling for the immediate and uncondi- death penalty shames us. The penalty PREME COURT JUSTICE.—Section 351 of title 18, United States Code, is amended— tional global abolition of the death is at odds with our best traditions. It is wrong and it is immoral. The adage (A) in subsection (b)(2), by striking ‘‘death penalty, and it specifically called on or’’; and all states within the United States to ‘‘two wrongs do not make a right,’’ ap- (B) in subsection (d)(2), by striking ‘‘death abolish the death penalty. This is sig- plies here. Our nation has long ago or’’. nificant because it reflects the unani- done away with other barbaric punish- (7) DEATH RESULTING FROM OFFENSES IN- mous view of a group of nations with ments like whipping and cutting off VOLVING TRANSPORTATION OF EXPLOSIVES, DE- which the United States enjoys the the ears of suspected criminals. Just as STRUCTION OF GOVERNMENT PROPERTY, OR DE- closest of relationships. our nation did away with these punish- STRUCTION OF PROPERTY RELATED TO FOREIGN On February 5, 2003, the Inter- ments as contrary to our humanity and OR INTERSTATE COMMERCE.—Section 844 of ideals, it is time to abolish the death title 18, United States Code, is amended— national Court of Justice, ICJ, ruled (A) in subsection (d), by striking ‘‘or to the unanimously that the United States penalty as we seek justice in this new death penalty’’; must temporarily stay the execution of century. And it’s not just a matter of (B) in subsection (f)(3), by striking ‘‘sub- three Mexican citizens on death row in morality. The continued viability of ject to the death penalty, or’’; Texas and Oklahoma. There are cur- our justice system as a truly just sys- (C) in subsection (i), by striking ‘‘or to the rently 112 foreign nationals on death tem requires that we do so. And our death penalty’’; and row in this country. Under Article 36 of Nation’s striving to remain the leader (D) in subsection (n), by striking ‘‘(other the 1963 Vienna Convention on Con- and defender of freedom, liberty and than the penalty of death)’’. (8) MURDER COMMITTED BY USE OF A FIRE- sular Relations, local authorities are equality demands that we do so. Abolishing the death penalty will not ARM DURING COMMISSION OF A CRIME OF VIO- required to notify all detained for- LENCE OR A DRUG TRAFFICKING CRIME.—Sec- eigners ‘‘without delay’’ of their right be an easy task. It will take patience, tion 924(j)(1) of title 18, United States Code, to have their consulate informed of persistence, and courage. As we work is amended by striking ‘‘by death or’’. their detention. In most cases, this to move forward in a rapidly changing (9) GENOCIDE.—Section 1091(b)(1) of title 18, international law is not being followed. world, let us leave this archaic practice United States Code, is amended by striking In fact, only seven cases of 152 reported behind. ‘‘death or’’. death sentences have been identified as I ask my colleagues to join me in (10) FIRST DEGREE MURDER.—Section 1111(b) of title 18, United States Code, is amended by meeting complete compliance with Ar- taking the first step in abolishing the death penalty in our great Nation. I striking ‘‘by death or’’. ticle 36 requirements. The purpose of (11) MURDER BY A FEDERAL PRISONER.—Sec- this law is to ensure that foreign na- also call on each State that authorizes tion 1118 of title 18, United States Code, is tionals are allowed time to secure ade- the use of the death penalty to cease amended— quate counsel during the critical stages this practice. Let us step away from (A) in subsection (a), by striking ‘‘by death of their cases. The February ruling of the culture of violence and restore fair- or’’; and the ICJ was based on the need for an ness and integrity to our criminal jus- (B) in subsection (b), in the third undesig- investigation into whether the foreign tice system. nated paragraph— (i) by inserting ‘‘or’’ before ‘‘an indetermi- nationals on death row were ever given I ask unanimous consent that the text of the bill be printed in the nate’’; and their right to legal assistance from (ii) by striking ‘‘, or an unexecuted sen- their home governments. RECORD. There being no objection, the bill was tence of death’’. What is even more troubling in the (12) MURDER OF A STATE OR LOCAL LAW EN- ordered to be printed in the RECORD, as international context is that the FORCEMENT OFFICIAL OR OTHER PERSON AIDING United States is now one of only seven follows: IN A FEDERAL INVESTIGATION; MURDER OF A countries that imposes the death pen- S. 402 STATE CORRECTIONAL OFFICER.—Section 1121 alty for crimes committed by juve- Be it enacted by the Senate and House of Rep- of title 18, United States Code, is amended— niles. So, while a May 2002 Gallup poll resentatives of the United States of America in (A) in subsection (a), by striking ‘‘by sen- Congress assembled, tence of death or’’; and found that 69 percent of Americans op- SECTION 1. SHORT TITLE. (B) in subsection (b)(1), by striking ‘‘or pose the death penalty for those under This Act may be cited as the ‘‘Federal death’’. the age of 18, we are one of only seven Death Penalty Abolition Act of 2003’’. (13) MURDER DURING A KIDNAPING.—Section nations on this earth that puts to SEC. 2. REPEAL OF FEDERAL LAWS PROVIDING 1201(a) of title 18, United States Code, is death people who were under 18 years FOR THE DEATH PENALTY. amended by striking ‘‘death or’’. of age when they committed their (a) HOMICIDE-RELATED OFFENSES.— (14) MURDER DURING A HOSTAGE-TAKING.— crimes. The other are Iran, the Demo- (1) MURDER RELATED TO THE SMUGGLING OF Section 1203(a) of title 18, United States cratic Republican of the Congo, Paki- ALIENS.—Section 274(a)(1)(B)(iv) of the Immi- Code, is amended by striking ‘‘death or’’. gration and Nationality Act (8 U.S.C. (15) MURDER WITH THE INTENT OF PRE- stan, Nigeria, Saudi Arabia and Yemen. 1324(a)(1)(B)(iv)) is amended by striking VENTING TESTIMONY BY A WITNESS, VICTIM, OR In the last decade, the United States ‘‘punished by death or’’. INFORMANT.—Section 1512(a)(2)(A) of title 18, has executed more juvenile offenders (2) DESTRUCTION OF AIRCRAFT, MOTOR VEHI- United States Code, is amended by striking than all other nations combined, and in CLES, OR RELATED FACILITIES RESULTING IN ‘‘the death penalty or’’.

VerDate Jan 31 2003 23:53 Feb 14, 2003 Jkt 019060 PO 00000 Frm 00087 Fmt 0624 Sfmt 0634 E:\CR\FM\A13FE6.165 S13PT2 S2478 CONGRESSIONAL RECORD — SENATE February 13, 2003 (16) MAILING OF INJURIOUS ARTICLES WITH period at the end and inserting ‘‘authorized This legislation is long overdue. In INTENT TO KILL OR RESULTING IN DEATH.—Sec- by law’’; and 1962, the United States embargoed vir- tion 1716(i) of title 18, United States Code, is (E) by striking subsections (l) and (m) and tually all trade with Cuba as a re- amended by striking ‘‘to the death penalty inserting the following: or’’. ‘‘(l) [Reserved.] sponse to the rise of the totalitarian (17) ASSASSINATION OR KIDNAPING RESULT- ‘‘(m) [Reserved.]’’. regime and seizure of American prop- ING IN THE DEATH OF THE PRESIDENT OR VICE (33) DEATH RESULTING FROM AIRCRAFT HI- erty. Over the years, U.S. sanctions PRESIDENT.—Section 1751 of title 18, United JACKING.—Section 46502 of title 49, United against Cuba were further tightened, States Code, is amended— States Code, is amended— culminating with restrictions on the (A) in subsection (b)(2), by striking ‘‘death (A) in subsection (a)(2), by striking ‘‘put to rights of Americans to visit Cuba. or’’; and death or’’; and Within the context of the cold war, (B) in subsection (d)(2), by striking ‘‘death (B) in subsection (b)(1)(B), by striking ‘‘put many of these sanctions seemed to or’’. to death or’’. make sense. Yet throughout that time (18) MURDER FOR HIRE.—Section 1958(a) of (b) NON-HOMICIDE RELATED OFFENSES.— title 18, United States Code, is amended by (1) ESPIONAGE.—Section 794(a) of title 18, the embargo appeared to have little, if striking ‘‘death or’’. United States Code, is amended by striking any, effect on the Castro regime. Forty (19) MURDER INVOLVED IN A RACKETEERING ‘‘punished by death or’’ and all that follows years of the embargo, 4 decades of dis- OFFENSE.—Section 1959(a)(1) of title 18, before the period and inserting ‘‘imprisoned engagement, have simply not worked. United States Code, is amended by striking for any term of years or for life’’. It is time to try a new approach. It is ‘‘death or’’. (2) TREASON.—Section 2381 of title 18, time for engagement. (20) WILLFUL WRECKING OF A TRAIN RESULT- United States Code, is amended by striking Supporters of the embargo throw out ING IN DEATH.—Section 1992(b) of title 18, ‘‘shall suffer death, or’’. United States Code, is amended by striking (c) REPEAL OF CRIMINAL PROCEDURES RE- many arguments against the legisla- ‘‘to the death penalty or’’. LATING TO IMPOSITION OF DEATH SENTENCE.— tion. First, they will say that private (21) BANK ROBBERY-RELATED MURDER OR (1) IN GENERAL.—Chapter 228 of title 18, property of U.S. citizens that was KIDNAPING.—Section 2113(e) of title 18, United United States Code, is repealed. taken in the early days of the Castro States Code, is amended by striking ‘‘death (2) TECHNICAL AND CONFORMING AMEND- regime compels us to refuse trade with or’’. MENT.—The table of chapters for part II of Cuba until we get the property back. (22) MURDER RELATED TO A CARJACKING.— title 18, United States Code, is amended by They point out horrendous treatment Section 2119(3) of title 18, United States striking the item relating to chapter 228. of Cuban citizens by Castro and denial Code, is amended by striking ‘‘, or sentenced SEC. 3. PROHIBITION ON IMPOSITION OF DEATH to death’’. SENTENCE. of the most basic human rights is also (23) MURDER RELATED TO AGGRAVATED CHILD (a) IN GENERAL.—Notwithstanding any a reason. Let us be clear. These are SEXUAL ABUSE.—Section 2241(c) of title 18, other provision of law, no person may be sen- problems and they must be resolved. United States Code, is amended by striking tenced to death or put to death on or after Yet, the debate is not whether these ‘‘unless the death penalty is imposed,’’. the date of enactment of this Act for any problems exist. They do exist, of (24) MURDER RELATED TO SEXUAL ABUSE.— violation of Federal law . course, they exist. That is not the Section 2245 of title 18, United States Code, (b) PERSONS SENTENCED BEFORE DATE OF is amended by striking ‘‘punished by death ENACTMENT.—Notwithstanding any other issue. We all know that. or’’. provision of law, any person sentenced to The question, rather, is how to solve (25) MURDER RELATED TO SEXUAL EXPLOI- death before the date of enactment of this it. Forty years of embargo have done TATION OF CHILDREN.—Section 2251(d) of title Act for any violation of Federal law shall nothing to regain private assets taken 18, United States Code, is amended by strik- serve a sentence of life imprisonment with- so long ago by Castro and 40 years of ing ‘‘punished by death or’’. out the possibility of parole. embargo have done nothing to improve (26) MURDER COMMITTED DURING AN OFFENSE By Mr. BAUCUS (for himself, the living conditions and prospects for AGAINST MARITIME NAVIGATION.—Section democratic reform in Cuba. Mrs. LINCOLN, Mr. CONRAD, and 2280(a)(1) of title 18, United States Code, is I have been to Cuba and visited Cuba. amended by striking ‘‘punished by death or’’. Mrs. MURRAY): The people are in terrible shape. If any- (27) MURDER COMMITTED DURING AN OFFENSE S. 403. A bill to lift the trade embar- thing, the embargo has lessened the AGAINST A MARITIME FIXED PLATFORM.—Sec- go on Cuba, and for other purposes; to tion 2281(a)(1) of title 18, United States Code, the Committee on Finance. prospects for reform by giving Castro is amended by striking ‘‘punished by death Mr. BAUCUS. Madam President, I someone else to blame for the terrible or’’. rise today to introduce the Free Trade economic plight of his people. This em- (28) TERRORIST MURDER OF A UNITED STATES with Cuba Act of 2003. This legislation bargo, frankly, is something Castro NATIONAL IN ANOTHER COUNTRY.—Section presents an important step toward nor- loves. It is a foil. He can blame the 2332(a)(1) of title 18, United States Code, is United States for some of the ills of his amended by striking ‘‘death or’’. malizing United States economic rela- citizens. It is working in the opposite (29) MURDER BY THE USE OF A WEAPON OF tions with Cuba and opening a dialog MASS DESTRUCTION.—Section 2332a of title 18, between our two nations. Perhaps more direction. In other words, while the United States Code, is amended— importantly, the bill promotes human problems may seem complicated, the (A) in subsection (a), by striking ‘‘punished rights and democracy in a nation that one thing we can say we do know for by death or’’; and has suffered under totalitarian rule for certain is this: Current policy is not (B) in subsection (b), by striking ‘‘by more than 4 decades, an objective cen- the answer; the current policy is a fail- death, or’’. tral to the same democratic principles ure. (30) MURDER BY ACT OF TERRORISM TRAN- that have driven our foreign policy We must look to alternatives. How SCENDING NATIONAL BOUNDARIES.—Section would this legislation resolve these 2332b(c)(1)(A) of title 18, United States Code, since the end of the Second World War. is amended by striking ‘‘by death, or’’. The Free Trade with Cuba Act con- problems? First, as to expropriation, (31) MURDER INVOLVING TORTURE.—Section tains three essential components. the legislation I am proposing today 2340A(a) of title 18, United States Code, is First, it lifts the trade embargo calls for the President to undertake ne- amended by striking ‘‘punished by death or’’. against Cuba and eliminates the travel gotiations with the government of (32) MURDER RELATED TO A CONTINUING ban that accompanies the embargo. Cuba to settle this issue and make sure CRIMINAL ENTERPRISE OR RELATED MURDER OF Second, it graduates Cuba from Jack- those harmed by this expropriation are A FEDERAL, STATE, OR LOCAL LAW ENFORCE- son-Vanik and authorizes the President fairly compensated. Second, as to the MENT OFFICER.—Section 408 of the Controlled crucial issues of human rights and Substances Act (21 U.S.C. 848) is amended— to extend nondiscriminatory trade (A) in each of subparagraphs (A) and (B) of treatment to Cuba. Finally, it removes democratic reform, the legislation sim- subsection (e)(1), by striking ‘‘, or may be the restrictions on travel between our ply reflects the commonsense truth sentenced to death’’; two countries. that engagement between the Amer- (B) by striking subsections (g) and (h) and This legislation is similar to the leg- ican and Cuban peoples will do much inserting the following: islation I introduced in the last Con- more to open Cuban society and help ‘‘(g) [Reserved.] gress, S. 400 and S. 401. That legislation Cuban people, as it has around the ‘‘(h) [Reserved.]’’; was referred to the Finance Com- (C) in subsection (j), by striking ‘‘ and as world for 200 years, than silence and to appropriateness in that case of imposing a mittee. I am hopeful the committee neglect—so similar to the question we sentence of death’’; can pass favorably on this legislation had of China not too many years ago. (D) in subsection (k), by striking ‘‘, other quickly so we can bring it to the floor What did we do with China? The an- than death,’’ and all that follows before the and pass it. swer was very simple: We engaged. We

VerDate Jan 31 2003 23:53 Feb 14, 2003 Jkt 019060 PO 00000 Frm 00088 Fmt 0624 Sfmt 0634 E:\CR\FM\A13FE6.166 S13PT2 February 13, 2003 CONGRESSIONAL RECORD — SENATE S2479 engaged without losing. China is a What I am talking about are websites Internet websites, in photographs, films, vid- country. We are a country. Let’s en- with pictures and videos of children— eos, and other visual depictions, is a form of gage again. The same is true for Cuba: mostly girls between the ages of 7 and child abuse that can result in physical and They are a country, we are a country, 14, barely clothed and in revealing posi- psychological harm to the children involved. (2) Exploitive child modeling is different let’s start talking and figure out how tions—being sold on the Internet. For from other, legitimate, child modeling be- to solve things. $25 a month at one site, you can look cause exploitive child modeling involves We should not delude ourselves. Em- at pictures of a sweet and tender child marketing the child himself or herself in las- bargo is a word for neglect. By not en- being turned into a prostitute. She civious positions and acts, rather than actu- gaging the Cuban people and opening hikes up her skirt and poses in a bikini ally marketing products to average Amer- our world and tradition to them, we on a bearskin rug. ican consumers. are neglecting them. What is the point of this? It is not to (3) The purpose of exploitive child mod- Last year we worked hard to further sell a bearskin rug or an article of eling is to satisfy the demand of pedophiles. (4) Unlike legitimate child modeling, trade liberalization, passing the Trade clothing or any other product. There is exploitive child modeling may involve a di- Act of 2002. When the President signed one thing being sold: A child as a sex rect and personal interaction between the that bill he said this: object. child model and the pedophile. The pedophile Free trade is also a proven strategy for But there’s more to this site. For $50 often knows the child’s name and has a way building global prosperity and adding to the you can purchase a video of this little of communicating with the child. momentum of political freedom. Greater girl dancing and running around in (5) The interaction between the exploited freedom for commerce across the borders skimpy outfits that leave little to the child model and the pedophile can lead the eventually leads to greater freedom for citi- imagination. child to trust pedophiles and to believe that it is acceptable and safe to meet with zens within the borders. Normal people do not visit these I agree. This statement is as true for pedophiles in private. sites. The primary viewers of these (6) Over 70 percent of convicted pedophiles Cuba as it is for any other country. Internet sites are grown men. Some are have used child pornography or exploitive Third, on the economics of this, sure, pedophiles. Some are even registered child modeling depictions to whet their sex- we are in tough times. The economy is sex offenders. ual appetites. Because children are used in flat. Our farmers and workers are hurt- And what is more disturbing is that its production, exploitive child modeling can ing, but there is a market worth up to some of these children are put on dis- place the child in danger of being abducted, $1 billion a year we are shutting our- play by their parents. It is absurd that abused, or murdered by the pedophiles who view such depictions. selves out, denying ourselves. It makes a parent would do this to their own no sense. The embargo against Cuba (7) These exploitive exhibitions of children child for cash. are unacceptable by social standards and accomplishes nothing, and hurts our Some parents even allow Internet lead to a direct harm to the children in- farmers and workers and companies by viewers to interact with their children volved. excluding them from a great potential through e-mail. Some even make per- SEC. 3. EMPLOYMENT IN EXPLOITIVE CHILD market. Meanwhile, the European sonal videos for subscribers and allow MODELING. Union, Japan, Mexico, Canada, dozens them to send in clothes for the girls to (a) PROHIBITION ON EMPLOYMENT.—Section of other countries, are busy selling model. 12 of the Fair Labor Standards Act of 1938 (29 goods and building commercial rela- U.S.C. 212) is amended by adding at the end This is wrong. Any sane and logical the following: tions in Cuba. We are not. They are. person knows it is wrong. And that is ‘‘(e)(1) No employer may employ a child Ask me the rationale of that. why Congress should do something model in exploitive child modeling. There is a final point regarding the about it. ‘‘(2) Notwithstanding section 16(a), who- basic rights of freedoms of the Amer- I am not talking about children mod- ever violates paragraph (1) shall be fined ican people. It is a fundamental viola- eling clothes in a Sears catalog. I am under title 18 or imprisoned not more than 10 tion of the spirit of our democratic years, or both. not talking about kids advertising ‘‘(3)(A) In this subsection, the term principles to tell the American people shoes or jackets. ‘exploitive child modeling’ means modeling they cannot travel to Cuba. What a sad That is fine. And legitimate mar- involving the use of a child under 17 years irony is trying to promote freedom and keting of products is not illegal under old for financial gain without the purpose of democracy in another country by re- my bill. marketing a product or service other than stricting it in our own. It is time to get This bill has been carefully crafted to the image of the child. real about this. It is time to get real ‘‘(B) Such term applies to any such use, re- protect legitimate modeling activities gardless of whether the employment rela- about promoting freedom and democ- and to not trample on the First tionship of the child is direct or indirect, or racy, it is time to get real regarding Amendment. contractual or noncontractual, or is termed economic expansion, and it is time to Children are precious. that of an independent contractor. end the embargo. I know firsthand because I have 9 of ‘‘(C) Such term does not apply to an image my own. I also have 35 grandchildren, which, taken as a whole, has serious literary, By Mr. BUNNING (for himself artistic, political, or scientific value.’’. and 3 great-grandchildren. And I don’t (b) OPPRESSIVE CHILD LABOR.—Section 3(l) and Mr. BROWNBACK): want any of them—or any other chil- S. 404. A bill to protect children from of such Act (29 U.S.C. 203(l)) is amended— dren—growing up in a world where we (1) by striking ‘‘(1) any’’ and inserting ‘‘(A) exploitive child modeling, and for exploit children in a sexual way. any’’; other purposes; to the Committee on I urge my colleagues to cosponsor (2) by striking ‘‘(2) any’’ and inserting ‘‘(B) the Judiciary. this bill and end exploitive child mod- any’’; Mr. BUNNING. Mr. President, I rise eling. (3) by inserting ‘‘(1)’’ after ‘‘(l)’’; and to introduce, along with Senator SAM I ask unanimous consent that the (4) by adding at the end the following new paragraph: BROWNBACK, the Child Modeling Exploi- text of the bill be printed in the tation Prevention Act. ‘‘(2) Such term includes employment of a RECORD. minor in violation of section 12(e)(1).’’. Many Senators may not be aware of There being no objection, the bill was SEC. 4. EXPLOITIVE CHILD MODELING OFFENSE. what I am talking about. I was not ordered to be printed in the RECORD, as (a) IN GENERAL.—110 of title 18, United until recently, and I think it is impor- follows: States Code, is amended by inserting after tant to raise awareness of the issue. section 2252A the following: S. 404 Once my colleagues see what it is I am ‘‘§ 2252B. Exploitive child modeling Be it enacted by the Senate and House of Rep- talking about, I am sure they will join ‘‘(a) IN GENERAL.—Except as provided in resentatives of the United States of America in subsection (b), whoever, in or affecting inter- in supporting my bill. Congress assembled, The Internet sites we are talking state or foreign commerce, with the intent SECTION 1. SHORT TITLE. to make a financial gain thereby—displays about are disturbing and dangerous. I This Act may be cited as the ‘‘Child Mod- wanted to have some enlarged pictures or offers to provide the image of an indi- eling Exploitation Prevention Act’’. vidual engaged in exploitive child modeling to illustrate what I am talking about, SEC. 2. FINDINGS. (as defined in section 12(e) of the Fair Labor but the images are indecent and would The Congress finds the following: Standards Act of 1938) shall be fined under only be further exploiting these chil- (1) The use of children in the production of this title or imprisoned not more than 10 dren. exploitive child modeling, including on years, or both.

VerDate Jan 31 2003 23:53 Feb 14, 2003 Jkt 019060 PO 00000 Frm 00089 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.160 S13PT2 S2480 CONGRESSIONAL RECORD — SENATE February 13, 2003 ‘‘(b) EXCEPTION.—This section does not generations of our children will not be math, language arts, and social skills apply to an image which, taken as a whole, well educated. That is why I am intro- in early elementary school than chil- has serious literary, artistic, political, or ducing a bill that would provide $200 dren who attended poor quality scientific value.’’. million in grants to our schools of edu- childcare programs. In short, children (b) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 110 of cation to partner with local schools to in early learning programs with high title 18, United States Code, is amended by ensure that our teachers are receiving quality teachers—teachers with a bach- inserting after the item relating to section the best, most extensive training avail- elor’s degree or an associate’s degree or 2252A the following: able before they enter the classroom. higher—do substantially better. ‘‘2252B. Exploitive child modeling.’’. The Secretary of Education’s annual When we examine the number and re- report on teacher quality reported that cent growth of pre-primary education By Mr. DEWINE (for himself and a majority of graduates of schools of programs, it becomes difficult to dif- Mr. DODD): education believe that the traditional ferentiate between early education and S. 405. A bill to amend the Higher teacher preparation program left them childcare settings because they are so Education Act of 1965 to improve the ill prepared for the challenges and rig- often intertwined—especially consid- loan forgiveness program for child care ors of the classroom. Part of the re- ering that 11.9 million children young- providers, including preschool teach- sponsibility for this lies in the hands of er than age five spend part of their ers, and for other purposes; to the Com- our schools of education. However, time with a care provider other than a mittee on Health, Education, Labor, Congress also has a responsibility to parent and that demand for quality and Pensions. give our schools of education the tools childcare and education is growing as they need to make necessary improve- more mothers enter the workforce. By Mr. DEWINE (for himself and ments. This new bill would create a Because this bill targets loan forgive- Mr. LIEBERMAN): competitive grant program for schools ness to those educators working in low- S. 406. A bill to provide grants to of education, which partner with low- income schools or childcare settings, States and outlying areas to encourage income schools to create clinical pro- we can make significant strides toward the States and outlying areas to en- grams to train teachers. Additionally, providing high quality education for all courage existing or establish new it would require schools of education to of our young children, regardless of so- statewide coalitions among institu- make internal changes by working cioeconomic status. The bill would tions of higher education, communities with other departments at the univer- serve a twofold function. First, it around the institutions, and other rel- sity to ensure that teachers are receiv- would reward professionals for their evant organizations or groups, includ- ing the highest quality education in training. Second, it would encourage ing anti-drug or anti-alcohol coali- core academic subjects. Finally, it professionals to remain in the profes- tions, to reduce underage drinking and would require the college or university sion over longer periods of time, since illicit drug-use by students, both on to demonstrate a commitment to im- more time in the profession leads to and off campus; to the Committee on proving their schools of education by higher percentages of loans forgive- Health, Education, Labor, and Pen- providing matching funds. ness. The bill would result in more edu- sions. Another complex issue affecting the cated individuals with more teaching teaching force is the high percentage of By Mr. DEWINE (for himself and experience and lower turnover rates, disillusioned beginning teachers who Mr. ROCKEFELLER): each of which enhance student per- S. 407. A bill to amend the Higher leave the field. Our bill would help formance. Education Act of 1965 to provide loan combat this issue, as well. Schools of I encourage my colleagues to join me forgiveness for attorneys who represent education receiving these grants would in this effort to ensure that truly no low-income families or individuals in- be responsible for following their grad- children—especially our youngest chil- volved in the family or domestic rela- uates and continuing to provide assist- dren—are left behind. tions court systems; to the Committee ance after they enter the classroom. I also am working on two bills with on Health, Education, Labor, and Pen- The more we invest in the education of my friend and colleague from West Vir- sions. teachers—especially once they have en- ginia, Senator JAY ROCKEFELLER. tered the profession—the more likely These bills would provide loan forgive- By Mr. DEWINE: they will remain in the classroom. ness to students who dedicate their ca- S. 408. A bill to establish a grant pro- Today, I also would like to introduce, reers to working in the realm of child gram to enable institutions of higher along with Senator DODD, the Early welfare, including social workers, who education to improve schools of edu- Care and Education Loan Forgiveness work for child protective services, and cation; to the Committee on Health, Act. Our dear friend and colleague, family law experts. Education, Labor, and Pensions. Senator Wellstone, and I had included Currently, Mr. President, there this legislation in the last higher edu- aren’t enough social workers to fill By Mr. DEWINE (for himself and cation reauthorization bill. We had available jobs in child welfare today. Mr. ROCKEFELLER): been working on this legislation to- Furthermore, the number of social S. 409. A bill to provide loan forgive- gether before Paul’s tragic death. I work job openings is expected to in- ness to social workers who work for know he cared deeply about this issue crease faster than the average for all child protective agencies; to the Com- and about making sure that all chil- occupations through 2010. The need for mittee on Health, Education, Labor, dren receive a quality education. He highly qualified social workers in the and Pensions. was passionate about that. And, in his child protective services is reaching Mr. DEWINE. Madam President, I memory, I would like to rename our crisis level. join several of my colleagues today to bill the Paul Wellstone Early Educator We also need more qualified individ- introduce a series of bills related to the Loan Forgiveness Act. uals focusing on family law. The won- reauthorization of the Higher Edu- This bill would expand the loan for- derful thing about family law is its cation Act (HEA). These five bills em- giveness program so that it benefits focus on rehabilitation—that is the re- phasize a number of issues that are not just childcare workers, but also habilitation of families by helping vital to higher education, including early childhood educators. This loan them through life’s transitions, wheth- teacher quality; loan forgiveness for forgiveness program would serve as an er it is a family going through a di- social workers, family lawyers, and incentive to keep those educators in vorce, a family dealing with their trou- early childhood teachers; and the re- the field for longer periods of time. bled teenager in the juvenile system, or duction of drug use and underage Paul Wellstone knew how important a child getting adopted and becoming a drinking at our colleges and univer- early learning programs are in pre- member of a new family. sities. paring our children for kindergarten Across the United States, family, ju- The quality of a student’s education and beyond. Research shows that chil- venile, and domestic relations courts is the direct result of the quality of dren who attend quality early are experiencing a shortage of qualified that student’s teachers. If we don’t childcare programs when they were attorneys. As many of my colleagues have well trained teachers, then future three or four years old scored better on and I know, law school is an expensive

VerDate Jan 31 2003 23:53 Feb 14, 2003 Jkt 019060 PO 00000 Frm 00090 Fmt 0624 Sfmt 0634 E:\CR\FM\A13FE6.177 S13PT2 February 13, 2003 CONGRESSIONAL RECORD — SENATE S2481 investment. In the last 20 years, tui- mote an alcohol aware and drug-free tivities, helps children grow and thrive. Re- tion has increased more than 200 per- campus community, if the community cent research shows that most child care cent. Currently, the average rate of law surrounding the campus does not pro- needs significant improvement. school debt is about $80,000 per grad- mote these initiatives, there will be no (7) Good quality child care depends largely uate. To be sure, few law school grad- on the provider, yet providers of child care long-term solutions. Therefore, these earn on average $7.86 per hour, or $16,350 per uates can afford to work in the public coalitions also have worked to estab- year. Such earnings cause high annual turn- sector because debts prevent even the lish regulations both on and off cam- over, up to 31 percent of the staff in some most dedicated public service lawyer pus, which will help our nation’s youth child care programs. High turnover affects from being able to take these low-pay- to stay healthy, alive, and get the most the overall quality of a child care program ing jobs. This results in a shortage of out of their time at college. Some of and causes anxiety for children. family lawyers. these regulations include the registra- (8) Children attending lower quality child The shortage of family law attorneys tion of kegs. This provides account- care programs and child care programs with also disproportionately impacts juve- high staff turnover are less competent in ability for both the store and the stu- language and social development than other niles. The lack of available representa- dent. This is just an example of one tion causes children to spend more children. step that colleges, local communities, (9) The quality of child care is primarily time in foster care because cases are and organizations can take. related to high staff-to-child ratios, staff adjourned or postponed when they sim- To help start the expansion of these education, professional development, and ad- ply cannot find an attorney to rep- coalitions, our bill would provide $50 ministrators’ prior experience. In addition, resent their rights or those of the par- million in grants. This is an important certain characteristics distinguish poor, me- ent or guardian. Furthermore, the demonstration project that would help diocre, and good quality child care programs, the most important of which are teacher number of children involved in the lead to positive effects for our young court system is sharply increasing. We wages, education, and specialized training. people. It is up to us to change the cul- need to ensure that the interests of (10) Each State requires kindergarten ture, which has been perpetuated by these children are taken care of by teachers to hold at least a bachelor’s degree years of complacency and a dismissal making certain they have an advo- and certificate in early childhood education. tone of—‘‘that’s just the way it is in Only 20 States and the District of Columbia cate—someone working solely on their college.’’ We must protect the health require teachers in prekindergarten pro- behalf. By offering loan forgiveness to and education of our young people by grams to satisfy those requirements. Thirty those willing to pursue careers in the changing this culture of abuse—and States allow caregivers with no previous child welfare field, we can increase the training to work in child care programs. that is exactly what this bill would do. number of highly qualified and dedi- Next year when we consider the reau- SEC. 3. LOAN FORGIVENESS FOR CHILD CARE cated individuals who work in the thorization of the Higher Education PROVIDERS. realm of child welfare and family law. Section 428K of the Higher Education Act Finally, I am introducing a bill today Act, I encourage my colleagues to join in support of these initiatives. of 1965 (20 U.S.C. 1078–11) is amended to read with my friend and colleague from Con- as follows: Mr. DEWINE. Mr. President, I ask necticut, Senator LIEBERMAN, that unanimous consent that the text of the ‘‘SEC. 428K. LOAN FORGIVENESS FOR CHILD would help address an epidemic—the CARE PROVIDERS. epidemic of underage drinking, binge bills be printing in the RECORD. There being no objection, the bills ‘‘(a) PURPOSES.—The purposes of this sec- drinking, and drug-related problems on were ordered to be printed in the tion are— college and university campuses across ‘‘(1) to bring more highly trained individ- RECORD, as follows: the United States. Our bill would pro- uals into the early child care profession; and vide grants to states to establish state- S. 405 ‘‘(2) to keep more highly trained child care wide partnerships among colleges and Be it enacted by the Senate and House of Rep- providers in the early child care field for universities and the surrounding com- resentatives of the United States of America in longer periods of time. Congress assembled, munities to work together to reduce ‘‘(b) DEFINITIONS.—In this section: underage and binge drinking and illicit SECTION 1. SHORT TITLE. ‘‘(1) CHILD CARE FACILITY.—The term ‘child This Act may be cited as the ‘‘Paul care facility’ means a facility, including a drug use by students. Wellstone Early Educator Loan Forgiveness home, that— According to a study by Boston Uni- Act’’. ‘‘(A) provides child care services; and versity, over 1,400 students aged 18–24 SEC. 2. FINDINGS. ‘‘(B) meets applicable State or local gov- died in 1998 from alcohol-related inju- Congress finds the following: ernment licensing, certification, approval, or ries, more than 600,000 students were (1)(A) The first 5 years of a child’s life are registration requirements, if any. assaulted by another student, and an- a time of momentous change. ‘‘(2) CHILD CARE SERVICES.—The term ‘child other 500,000 were injured unintention- (B) Research shows that a child’s brain size care services’ means activities and services ally while under the influence of alco- doubles between birth and age 3. provided for the education and care of chil- hol. According to a 1999 Harvard Uni- (2) New scientific research shows that the dren from birth through age 5 by an indi- versity study, 40 percent of college stu- electrical activity of the brain cells actually vidual who has a degree in early childhood changes the physical structure of the brain, education, including a preschool teacher. dents are binge drinkers and according and that without a stimulating environment, ‘‘(3) DEGREE.—The term ‘degree’ means an to the Department of Health and a baby’s brain suffers. associate’s or bachelor’s degree awarded by Human Services, nearly 10.5 million (3) Research also indicates that there is a an institution of higher education. current drinkers were under the legal connection between the cognitive, social, ‘‘(4) EARLY CHILDHOOD EDUCATION.—The age of 21, and of these, over 5 million emotional, and physical stimulation young term ‘early childhood education’ means edu- were binge drinkers. children receive from their early childhood cation in the area of early child development Currently, 28 States, including my teachers and caregivers and success in learn- and education, or any other educational area home State of Ohio, have coalitions ing, school readiness, and intellectual related to early child development and edu- that deal specifically with the culture growth. There are important short- and long- cation or child care, that the Secretary de- of alcohol and drug abuse on our na- term effects of that stimulation on cognition termines to be appropriate. and social development. ‘‘(5) ELIGIBLE PRESCHOOL PROGRAM PRO- tion’s college campuses. They work (4) High quality early childhood education VIDER.—The term ‘eligible preschool program with the surrounding communities, in- correlates with better language develop- provider’ means a preschool program pro- cluding local residents, bar, restaurant ment, mathematics abilities, and social vider serving children younger than the age and shop owners, and law enforcement skills. of compulsory school attendance in the officials, toward a goal of changing the (5) 11,900,000 children younger than age 5 State that is— pervasive culture of drug and alcohol spend part of their time with a child care ‘‘(A) a public or private school; abuse. They provide alternative alco- provider other than a parent. By 2000, 64 per- ‘‘(B) a provider that is supported, spon- hol-free events, as well as support cent of 3- to 5-year-olds were enrolled in sored, supervised, or administered by a local groups for those who choose not to some type of preschool program. Demand for educational agency; child care is growing as more mothers enter ‘‘(C) a Head Start agency designated under drink. They also educate students the workforce. the Head Start Act (42 U.S.C. 9831 et seq.); about the dangers of alcohol and drug- (6) Good quality child care, in a healthy ‘‘(D) a nonprofit or community-based orga- use. and safe environment, with trained, caring nization; or Furthermore, the coalitions recog- providers who provide age-appropriate, de- ‘‘(E) a licensed child care center or family nize that while it is important to pro- velopmentally appropriate, and effective ac- child care provider.

VerDate Jan 31 2003 23:53 Feb 14, 2003 Jkt 019060 PO 00000 Frm 00091 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.161 S13PT2 S2482 CONGRESSIONAL RECORD — SENATE February 13, 2003

‘‘(6) INSTITUTION OF HIGHER EDUCATION.— er education for the purpose of obtaining a year 2004, and such sums as may be necessary Notwithstanding section 102, the term ‘insti- degree in early childhood education, the Sec- for each of the 4 succeeding fiscal years.’’. tution of higher education’ has the meaning retary is authorized to assume the obligation S. 406 given the term in section 101. to repay the total amount of loans described Be it enacted by the Senate and House of Rep- ‘‘(7) PRESCHOOL TEACHER.—The term ‘pre- in subsection (c)(1) and incurred for a max- resentatives of the United States of America in school teacher’ means an individual— imum of 2 academic years in returning to the Congress assembled, ‘‘(A) who has received at least an associ- institution of higher education for the pur- SECTION 1. SHORT TITLE. ate’s degree in early childhood education and pose of obtaining the degree in early child- This Act may be cited as the ‘‘Commu- who is working toward or who has already hood education. Such loans shall only be re- nities Combating College Drinking and Drug received a bachelor’s degree in early child- paid for borrowers who qualify for loan re- Use Act’’. hood education; and payment pursuant to the provisions of this SEC 2. FINDINGS. ‘‘(B) who works for an eligible preschool section, and shall be repaid in accordance Congress makes the following findings: program provider supporting the children’s with the provisions of paragraph (1). (1) Alcohol is by far the drug most widely cognitive, social, emotional, and physical de- ‘‘(5) INELIGIBILITY OF NATIONAL SERVICE used and abused by young people in the velopment to prepare the children for the AWARD RECIPIENTS.—No student borrower United States. transition to kindergarten. may, for the same service, receive a benefit (2)(A) In 2003, it is illegal for youths under ‘‘(c) LOAN FORGIVENESS.— under both this section and subtitle D of the age of 21 to purchase alcohol in all of the ‘‘(1) IN GENERAL.—The Secretary may carry title I of the National and Community Serv- 50 States and the District of Columbia, and out a program of assuming the obligation to ice Act of 1990 (42 U.S.C. 12601 et seq.). repay, pursuant to subsection (d), a loan illicit drugs remain illegal. ‘‘(e) REPAYMENT TO ELIGIBLE LENDERS AND made, insured, or guaranteed under this (B) According to the National Institute on HOLDERS.—The Secretary shall pay to each Drug Abuse, on average, young people begin part, part D (excluding loans made under eligible lender or holder for each fiscal year sections 428B and 428C or comparable loans drinking at about age 13. However, some an amount equal to the aggregate amount of start even younger. By the time young peo- made under part D), or part E for any new the lender’s or holder’s loans that are sub- borrower after the date of enactment of the ple are high school seniors, more than 80 per- ject to repayment pursuant to this section Higher Education Amendments of 1998, cent have used alcohol and approximately 64 for such year. who— percent have been drunk. ‘‘(f) APPLICATION FOR REPAYMENT.— ‘‘(A) receives a degree in early childhood (C) When adolescents move on to college, ‘‘(1) IN GENERAL.—Each eligible individual education; they bring their drinking habits with them. ‘‘(B) obtains employment in a child care desiring loan repayment under this section According to a 1993–1997 Harvard School of facility, such as employment as a preschool shall submit a complete and accurate appli- Public Health College Alcohol Study, 40 per- teacher; and cation to the Secretary at such time, in such cent of college students are binge drinkers. ‘‘(C) has been employed full time, for the 2 manner, and containing such information as (D) According to the Department of Health consecutive years preceding the year for the Secretary may require. and Human Services, in 1998, 10,400,000 cur- which the determination is made, as a pro- ‘‘(2) CONDITIONS.—An eligible individual rent drinkers were under legal age (age 12–21) vider of child care services in a child care fa- may apply for loan repayment under this and of these, 5,100,000 were binge drinkers, cility in a low-income community. section after completing each of the second including 2,300,000 heavy drinkers. ‘‘(2) LOW-INCOME COMMUNITY.—In this sub- through the fifth consecutive years of quali- (E) Among 10th graders the perceived section, the term ‘low-income community’ fying employment described in subsection harmfulness of regularly taking LSD (lyser- means a community in which 70 percent of (d)(1). The borrower shall receive forbearance gic acid diethylamide) is 68.8 percent, and households earn less than 85 percent of the while engaged in qualifying employment de- among 8th graders the perceived harmfulness State median household income. scribed in subsection (d)(1) unless the bor- is 52.9 percent, according to the 2001 Moni- ‘‘(3) AWARD BASIS; PRIORITY.— rower is in deferment while so engaged. toring the Future Study (MTF) funded by ‘‘(A) AWARD BASIS.—Subject to subpara- ‘‘(g) EVALUATION.— the National Institute on Drug Abuse. graph (B), loan repayment under this section ‘‘(1) IN GENERAL.—The Secretary shall con- (F) Only 45.7 percent of 12th graders per- shall be on a first-come, first-served basis duct, by grant or contract, an independent ceived a great risk in trying MDMA (ecstasy) and subject to the availability of appropria- national evaluation of the impact of the pro- once or twice. tions. gram assisted under this section on the field (G) The perceived availability of crack and ‘‘(B) PRIORITY.—The Secretary shall give of early childhood education. cocaine among 10th graders was thought of priority in providing loan repayment under ‘‘(2) COMPETITIVE BASIS.—The grant or con- as easy or fairly easy by 31 percent of 10th this section for a fiscal year to student bor- tract described in paragraph (1) shall be graders. rowers who received loan repayment under awarded on a competitive basis. (3)(A) Underage drinking particularly im- this section for the preceding fiscal year. ‘‘(3) CONTENTS.—The evaluation described pacts institutions of higher education. ‘‘(4) REGULATIONS.—The Secretary is au- in this subsection shall— (B) In 1999, Harvard University’s School of thorized to prescribe such regulations as ‘‘(A) determine the number of individuals Public Health College Alcohol Study sur- may be necessary to carry out the provisions who were encouraged by the program as- veyed 119 colleges and found that students of this section. sisted under this section to pursue early who were binge drinkers in high school were ‘‘(d) LOAN REPAYMENT.— childhood education; 3 times more likely to binge drink in college. ‘‘(1) IN GENERAL.—The Secretary shall as- ‘‘(B) determine the number of individuals (C) According to a March 2002 article pub- sume the obligation to repay— who remain employed in a child care facility lished in the Journal of Studies on Alcohol, ‘‘(A) after the second consecutive year of as a result of participation in the program; a study conducted by the Social and Behav- employment described in subparagraphs (B) ‘‘(C) identify the barriers to the effective- ioral Sciences Department of the Boston and (C) of subsection (c)(1), 20 percent of the ness of the program; University School of Public Health reported total amount of all loans described in sub- ‘‘(D) assess the cost-effectiveness of the that 1998 and 1999 studies show over 2,000,000 section (c)(1) and made after the date of en- program in improving the quality of— of the 8,000,000 college students in the United actment of the Higher Education Amend- ‘‘(i) early childhood education; and States drove under the influence of alcohol, ments of 1998, to a student; ‘‘(ii) child care services; over 500,000 were unintentionally injured ‘‘(B) after the third consecutive year of ‘‘(E) identify the reasons why participants while under the influence of alcohol, and such employment, 20 percent of the total in the program have chosen to take part in over 600,000 were hit or assaulted by another amount of all such loans; and the program; student who had been drinking. ‘‘(C) after each of the fourth and fifth con- ‘‘(F) identify the number of individuals (D) According to the same Boston Univer- secutive years of such employment, 30 per- participating in the program who received an sity study, it is estimated that over 1,400 stu- cent of the total amount of all such loans. associate’s degree and the number of such in- dents aged 18–24 and enrolled in 2-year and 4- ‘‘(2) CONSTRUCTION.—Nothing in this sec- dividuals who received a bachelor’s degree; year colleges died in 1998 from alcohol-re- tion shall be construed to authorize the re- and lated unintentional injuries. funding of any repayment of a loan made, in- ‘‘(G) identify the number of years each in- (E) More than 600,000 students between the sured, or guaranteed under this part, part D, dividual participated in the program. ages of 18 and 24 are assaulted by another or part E. ‘‘(4) INTERIM AND FINAL EVALUATION RE- student who has been drinking, and another ‘‘(3) INTEREST.—If a portion of a loan is re- PORTS.—The Secretary shall prepare and sub- 500,000 students are unintentionally injured paid by the Secretary under this section for mit to the President and Congress such in- under the influence of alcohol. any year, the proportionate amount of inter- terim reports regarding the evaluation de- (F) More than 70,000 students between the est on such loan that accrues for such year scribed in this subsection as the Secretary ages of 18 and 24 are victims of alcohol-re- shall be repaid by the Secretary. determines to be appropriate, and shall pre- lated sexual assault or date rape, more than ‘‘(4) SPECIAL RULE.—In the case in which a pare and so submit a final report regarding 400,000 students reported having unprotected student borrower who is not participating in the evaluation by January 1, 2007. sex, and more than 100,000 students reported loan repayment pursuant to this section re- ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.— having been too intoxicated to know if they turns to an institution of higher education There are authorized to be appropriated to consented to having sex, according to the after graduation from an institution of high- carry out this section $25,000,000 for fiscal Boston University study.

VerDate Jan 31 2003 23:53 Feb 14, 2003 Jkt 019060 PO 00000 Frm 00092 Fmt 0624 Sfmt 0634 E:\CR\FM\A13FE6.180 S13PT2 February 13, 2003 CONGRESSIONAL RECORD — SENATE S2483 (4)(A) Longstanding cultural influences (i)(I) institutions of higher education with- pend not more than 25 percent of the grant perpetuate student patterns of drinking. in that State; and funds for administrative costs. (B) Of frequent binge drinkers, 73 percent (II) a nonprofit group, a community anti- (c) STATE APPLICATIONS.— of males and 68 percent of females cited drug or anti-alcohol coalition, or another (1) IN GENERAL.—For a State to be eligible drinking to get drunk as an important rea- substance abuse prevention group within the to receive a grant under this part, the State son for drinking according to ‘‘Binge Drink- State; and shall submit an application to the Secretary ing on Campus: Results of a National (B) works toward lowering the drug and al- at such time, in such manner, and con- Study’’, from Harvard School of Public cohol abuse rate at not fewer than 50 percent taining such information as the Secretary Health. of the institutions of higher education shall reasonably require. (C) The proportion of college students who throughout the State and in the commu- (2) CONTENTS.—Each application submitted drink varies depending on where they live. nities surrounding the campuses of the insti- under this section shall include the fol- Drinking rates are highest in fraternities tutions. lowing: and sororities, followed by on-campus hous- (7) SURROUNDING COMMUNITY.—The term (A) A description of how the State will ing. Students who live independently offsite ‘‘surrounding community’’ means the com- work to enhance existing, or where none ex- (e.g., in apartments) drink less, while com- munity— ists, to build a statewide coalition in co- muting students who live with their families (A) which surrounds an institution of high- operation with— drink the least. er education participating in a statewide co- (i) not fewer than 50 percent of the institu- (D) Institutions of higher education in alition; tions of higher education within the State; places with strict laws such as keg registra- (B) where the students from the institution (ii) local communities; tion, prohibitions on happy hours, and open of higher education take part in the commu- (iii) nonprofit groups, community anti- container in public bans, which restrict the nity; and drug or anti-alcohol coalitions; and volume of alcohol sold or consumed, dis- (C) where students from the institution of (iv) other substance abuse prevention played lower rates of consumption and binge higher education live in off-campus housing. groups within the State. drinking among underage students. SEC. 4. PURPOSE. (B) A description of how the State intends (E) A 2000 report by the Department of The purpose of this Act is to encourage to ensure that the statewide coalition is ac- Health and Human Services, entitled States, institutions of higher education, tually implementing the purpose of this Act ‘‘Healthy People 2010’’, observes that ‘‘The local communities, nonprofit groups, includ- and moving toward the achievement indica- perception that alcohol use is socially ac- ing community anti-drug or anti-alcohol tors described in subsection (d). (C) A list of the members of the statewide ceptable correlates with the fact that more coalitions, and other substance abuse groups coalition or interested parties. than 80 percent of American youth consume within the State to enhance existing or, (d) ACCOUNTABILITY.—On the date on which alcohol before their 21st birthday, whereas where none exist, to establish new statewide coalitions to reduce the usage of drugs and the Secretary first publishes a notice in the the lack of social acceptance of other drugs Federal Register soliciting applications for correlates with comparatively low rates of alcohol by college students both on campus and in the surrounding community at large. grants under this section, the Secretary use. Similarly, widespread societal expecta- shall include in the notice achievement indi- tions that young persons will engage in SEC. 5. GRANTS. (a) AUTHORIZATION OF APPROPRIATIONS.— cators for the program assisted under this binge drinking may encourage this highly section. The achievement indicators shall be dangerous form of alcohol consumption.’’. There are authorized to be appropriated to carry out this Act $50,000,000 for fiscal year designed— (F) Mutually reinforcing interventions be- 2004 and such sums as may be necessary for (1) to measure the impact that the state- tween the college and surrounding commu- each of the 4 succeeding fiscal years. wide coalitions assisted under this Act are nity can change the broader environment (b) GRANTS TO STATES.— having on the institutions of higher edu- and help reduce alcohol abuse and alcohol- (1) ALLOTMENTS.— cation and the surrounding communities, in- related problems over the long term. (A) IN GENERAL.—From amounts appro- cluding changes in the number of alcohol or (5)(A) The use of illicit drugs threatens the priated under subsection (a) for a fiscal year, drug-related incidents of any kind (including lives and well-being of students at institu- the Secretary shall make grants according violations, physical assaults, sexual assaults, tions of higher education. to allotments under subparagraph (B) to reports of intimidation, disruptions of school (B) According to the working paper, ‘‘Alco- States having applications approved under functions, disruptions of student studies, ill- hol and Marijuana Use Among College Stu- subsection (c) to pay the cost of carrying out nesses, or deaths); dents: Economic Complements or Sub- the activities described in the application. (2) to measure the quality and accessibility stitutes’’, for the National Bureau of Eco- (B) DETERMINATION OF ALLOTMENTS.— of the programs or information offered by nomic Research, alcohol and marijuana are (i) RESERVATION OF FUNDS.—From the total the statewide coalitions; and economic complements, meaning that as the amount appropriated under subsection (a) for (3) to provide such other measures of pro- use of alcohol goes down on campuses, it is a fiscal year, the Secretary shall reserve— gram impact as the Secretary determines ap- expected that marijuana will as well, or that (I) one-half of 1 percent for allotments to propriate. as marijuana usage falls, so will alcohol the outlying areas, to be distributed among S. 407 usage. those outlying areas on the basis of their rel- Be it enacted by the Senate and House of Rep- (C) The annual prevalence of the use of an ative need for assistance under this Act, as resentatives of the United States of America in illicit drug at institutions of higher edu- determined by the Secretary, to carry out Congress assembled, cation is 36 percent. The annual marijuana the purpose of this Act; and SECTION 1. FINDINGS. use is 34 percent. The annual use of cocaine (II) one-half of 1 percent for the Secretary Congress makes the following findings: and LSD is 4.8 percent. The annual use of of the Interior for programs under this Act (1) Across the United States, family, juve- heroin is 4.5 percent. for schools operated or funded by the Bureau nile, and domestic relations courts experi- SEC. 3. DEFINITIONS. of Indian Affairs. ence shortages of qualified attorneys to rep- In this Act: (ii) STATE ALLOTMENTS.—From funds ap- resent the interests of men, women, and chil- (1) BINGE DRINKING.—The term ‘‘binge propriated under subsection (a) for a fiscal dren involved in their court systems. drinking’’ means the consumption of 5 or year that remain after reserving funds under (2) The Constitution of the United States more drinks on any 1 occasion. clause (i), the Secretary shall allot to each provides that everyone charged with a crime (2) INSTITUTION OF HIGHER EDUCATION.—The State an amount that bears the same rela- is entitled to adequate counsel. term ‘‘institution of higher education’’ has tion to such remainder as the population of (3) In 1967, the Supreme Court held, for the the meaning given the term in section 101(a) the State bears to the population of all first time, that children were persons under of the Higher Education Act of 1965 (20 U.S.C. States, as determined by the 2000 decennial the provisions of the 14th amendment to the 1001(a)). census. Constitution relating to due process, and en- (3) OUTLYING AREA.—The term ‘‘outlying (2) MATCHING FUNDS REQUIRED.—Each State titled to certain constitutional rights. area’’ means the United States Virgin Is- receiving a grant under this Act shall con- (4) In the case of In re Gault (387 U.S. 1), lands, Guam, American Samoa, and the Com- tribute matching funds, from non-Federal the Supreme Court held that juveniles are monwealth of the Northern Mariana Islands. sources, toward the cost of the activities de- entitled to notice of the charges against (4) SECRETARY.—The term ‘‘Secretary’’ scribed in the application, in an amount them, legal counsel, questioning of wit- means the Secretary of Education. equal to— nesses, and protection against self-incrimi- (5) STATE.—The term ‘‘State’’ means each (A) 100 percent of the Federal funds re- nation in a hearing that could result in com- of the 50 States, the District of Columbia, ceived under the grant, in the case of a State mitment to an institution. and the Commonwealth of Puerto Rico supporting a new statewide coalition; and (5) Studies have indicated that many juve- (6) STATEWIDE COALITION.—The term (B) 50 percent of the Federal funds received niles do not receive the due process protec- ‘‘statewide coalition’’ means a coalition under the grant, in the case of a State sup- tions to which they are entitled. More im- that— porting a statewide coalition that was in ex- portantly, they frequently do not receive ef- (A) includes— istence on the day preceding the date of en- fective assistance of legal counsel. (i) the entity a State designates to apply actment of this Act. (6) Lawyers who represent juveniles often for a grant under this Act and to administer (3) ADMINISTRATIVE COSTS.—Each State re- labor under enormous caseloads with little the grant funds; and ceiving a grant under this section may ex- training or support staff.

VerDate Jan 31 2003 23:53 Feb 14, 2003 Jkt 019060 PO 00000 Frm 00093 Fmt 0624 Sfmt 0634 E:\CR\FM\A13FE6.180 S13PT2 S2484 CONGRESSIONAL RECORD — SENATE February 13, 2003 (7) Public defenders who represent juve- (3) to keep more highly trained family law, funding of any repayment of a loan made niles have, on average, more than 500 cases juvenile law, and domestic relations attor- under this part or part D. per year, with more than 300 of those cases neys in this field of law for longer periods of ‘‘(3) INTEREST.—If a portion of a loan is re- being juvenile cases. time. paid by the Secretary under this section for (8) Public defenders often lack specialized SEC. 3. LOAN FORGIVENESS. any year, the proportionate amount of inter- training in representing juveniles. Approxi- Part B of title IV of the Higher Education est on such loan which accrues for such year mately one-half of public defender offices do Act of 1965 (20 U.S.C. 1071 et seq.) is amended shall be repaid by the Secretary. not even have a section devoted to juvenile by inserting after section 428K (20 U.S.C. ‘‘(4) INELIGIBILITY OF NATIONAL SERVICE delinquency practice in their office training 1078–11) the following: AWARD RECIPIENTS.—No student borrower manuals. ‘‘SEC. 428L. LOAN FORGIVENESS FOR FAMILY may, for the same service, receive a benefit (9) Due to relatively low wages, there is a LAW, JUVENILE LAW, AND DOMESTIC under both this section and subtitle D of nationwide shortage of family law attorneys RELATIONS ATTORNEYS WHO WORK title I of the National and Community Serv- willing to represent juveniles. IN THE DEFENSE OF LOW-INCOME ice Act of 1990 (42 U.S.C. 12601 et seq.). (10) The shortage of family law attorneys FAMILIES, INDIVIDUALS, OR CHIL- DREN. ‘‘(d) REPAYMENT TO ELIGIBLE LENDERS.— results in a severe, disproportionate, and ‘‘(a) DEFINITIONS.—In this section: The Secretary shall pay to each eligible negative impact upon children, impoverished ‘‘(1) ELIGIBLE LOAN.—The term ‘eligible lender or holder for each fiscal year an parents, and victims of domestic violence. loan’ means a loan made, insured, or guaran- amount equal to the aggregate amount of el- (11) Children involved in family court cases teed under this part or part D (excluding igible loans which are subject to repayment are assigned attorneys to protect their inter- loans made under section 428B or 428C, or pursuant to this section for such year. ests. Adults are entitled to representation by comparable loans made under part D) for at- ‘‘(e) APPLICATION FOR REPAYMENT.— attorneys. The lack of available representa- tendance at a law school. ‘‘(1) IN GENERAL.—Each eligible individual tion by family law attorneys causes children ‘‘(2) FAMILY LAW OR DOMESTIC RELATIONS desiring loan repayment under this section to spend more time in foster care because ATTORNEY.—The term ‘family law or domes- shall submit a complete and accurate appli- cases are adjourned or postponed due to lack tic relations attorney’ means an attorney cation to the Secretary at such time, in such of appropriate representation. Victims of do- who works in the field of family law or do- manner, and containing such information as mestic violence seeking protection from mestic relations, including juvenile justice, the Secretary may require. their abusers often will remain in the abu- truancy, child abuse or neglect, adoption, do- ‘‘(2) CONDITIONS.—An eligible individual sive situation, choose to represent them- mestic relations, child support, paternity, may apply for loan repayment under this selves, or wait until an attorney becomes and other areas which fall under the field of section after completing each year of quali- available, all of which risk their personal family law or domestic relations law as de- fying employment. The borrower shall re- safety. termined by State law. ceive forbearance while engaged in quali- (12) In 1995, 3,100,000 children were reported ‘‘(3) HIGHLY QUALIFIED ATTORNEY.—The fying employment unless the borrower is in to child protection agencies as being abused term ‘highly qualified attorney’ means an deferment while so engaged. or neglected, which is about double the num- attorney who has at least 2 consecutive ‘‘(f) EVALUATION.— ber reported in 1984. Of these, 996,000 children years of experience in the field of family or ‘‘(1) IN GENERAL.—The Secretary shall con- were confirmed after investigation to be domestic relations law serving as a rep- duct, by grant or contract, an independent abused or neglected. A 1996 study by the De- resentative of low-income families or mi- national evaluation of the impact of the partment of Health and Human Services nors. demonstration program assisted under this found that the number of children seriously ‘‘(b) DEMONSTRATION PROGRAM.— section on the field of family and domestic injured nearly quadrupled between 1986 and ‘‘(1) IN GENERAL.—The Secretary may carry relations law. 1993 from 141,700 to 565,000. out a demonstration program of assuming ‘‘(2) COMPETITIVE BASIS.—The grant or con- (13) As of 1995 year-end, about 494,000 chil- the obligation to repay eligible loans for any tract described in this section shall be dren were in foster care, a considerable rise new borrower after the date of enactment of awarded on a competitive basis. from the estimated 280,000 children in foster this section, who— ‘‘(3) CONTENTS.—The evaluation described care at the end of 1986. Most of these chil- ‘‘(A) obtains a Juris Doctorate (JD), and in this subsection shall determine whether dren are in foster care because of abuse, ne- takes at least 1 law school class in family the loan forgiveness program assisted under glect, or abandonment by their parents. law, juvenile law, domestic relations law, or this section— Many are also placed in foster care due to a some other class that the Secretary deter- ‘‘(A) has increased the number of highly court order during a child protection case. mines equivalent to any such class pursuant qualified attorneys; (14) Some estimates suggest that in 70 per- to regulations prescribed by the Secretary; ‘‘(B) has contributed to increased time on cent of homes where there is domestic vio- and the job for family law or domestic relations lence, there is also child abuse. ‘‘(B) has worked full-time for a State or attorneys, as measured by— (15) Children who witness domestic vio- local government entity, or a nonprofit pri- ‘‘(i) the length of time family law or do- lence can also develop posttraumatic stress vate entity, as a family law or domestic rela- mestic relations attorneys receiving loan disorder, low self-esteem, anxiety, depres- tions attorney on behalf of low-income indi- forgiveness under this section have worked sion, eating disorders, and destructive behav- viduals in the family or domestic relations in the family law or domestic relations field; ior that can last through adulthood, limiting court system for 2 consecutive years imme- and an individual’s ability to achieve academi- diately preceding the year for which the de- ‘‘(ii) the length of time family law or do- cally, socially, and on the job. However, termination was made. mestic relations attorneys continue to work early intervention and education can help ‘‘(2) AWARD BASIS.—Loan repayment under in such field after the attorneys meet the re- prevent further danger to children. this section shall be on a first-come, first- quirements for loan forgiveness under this (16) Continued adjournment forces victims served basis and subject to the availability section; to repeatedly confront their abusers in of appropriations. ‘‘(C) has increased the experience and the court. This not only increases the risk of ret- ‘‘(3) PRIORITY.—The Secretary shall give quality of family law and domestic relations ribution, but also the chance that the victim priority in providing loan repayment under attorneys; and will abandon the process because of the bur- this section for a fiscal year to student bor- ‘‘(D) has contributed to better family out- den. rowers who received loan repayment under comes, as determined after consultation with (17) Between 1984 and 1994 there was a 65 this section for the preceding fiscal year. the Secretary of Health and Human Services percent increase in domestic relations cases ‘‘(4) REGULATIONS.—The Secretary is au- and the Attorney General. and a 59 percent increase in the number of thorized to prescribe such regulations as ‘‘(4) INTERIM AND FINAL EVALUATION RE- juvenile cases. may be necessary to carry out the provisions PORTS.—The Secretary shall prepare and sub- (18) The caseload for child abuse in New of this section. mit to the President and Congress such in- York State alone has increased by more than ‘‘(c) LOAN REPAYMENT.— terim reports regarding the evaluation de- 300 percent between 1984 and 1988. ‘‘(1) IN GENERAL.—The Secretary shall as- scribed in this section as the Secretary de- (19) Judges in Chicago hear on average sume the obligation to repay— termines appropriate, and shall prepare and 1,700 delinquency cases per month, and in ‘‘(A) after the third consecutive year of so submit a final report regarding the eval- Los Angeles judges for juvenile cases have employment described in subparagraph (B) of uation by September 30, 2005. about 10 minutes to devote to each case. subsection (b)(1), 20 percent of the total ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— SEC. 2. PURPOSE. amount of all eligible loans; There are authorized to be appropriated to The purposes of this Act are— ‘‘(B) after the fourth consecutive year of carry out this section $20,000,000 for fiscal (1) to encourage attorneys to enter the such employment, 30 percent of the total year 2004, and such sums as may be necessary field of family law, juvenile law, or domestic amount of all eligible loans; and for each of the 4 succeeding fiscal years.’’. relations law; ‘‘(C) after the fifth consecutive year of (2) to increase the number of attorneys such employment, 50 percent of the total S. 408 who will represent low-income families and amount of all eligible loans. Be it enacted by the Senate and House of Rep- individuals, and who are trained and edu- ‘‘(2) CONSTRUCTION.—Nothing in this sec- resentatives of the United States of America in cated in such field; and tion shall be construed to authorize any re- Congress assembled,

VerDate Jan 31 2003 23:53 Feb 14, 2003 Jkt 019060 PO 00000 Frm 00094 Fmt 0624 Sfmt 0634 E:\CR\FM\A13FE6.180 S13PT2 February 13, 2003 CONGRESSIONAL RECORD — SENATE S2485 SECTION 1. SHORT TITLE. or secondary school that serves a high num- academic content standards and student aca- This Act may be cited as the ‘‘Ready To ber or percentage of children from families demic achievement standards, and State as- Educate All Children Act of 2003’’. with incomes below the poverty line. sessments, by setting numerical, annual im- SEC. 2. FINDINGS AND PURPOSE. (5) HIGHLY QUALIFIED.—The term ‘‘highly provement goals; (a) FINDINGS.—Congress makes the fol- qualified’’ has the meaning given such term (E) a plan, developed with the extensive lowing findings: in section 9101 of the Elementary and Sec- participation of the local partner, for ad- (1) An estimated 2,000,000 new teachers will ondary Education Act of 1965 (20 U.S.C. 7801). dressing long-term teacher recruitment, re- be needed over the next decade. (6) INSTITUTION OF HIGHER EDUCATION.—The tention, professional development, and men- (2) Under the No Child Left Behind Act of term ‘‘institution of higher education’’— toring needs; 2001, States must recruit highly qualified (A) has the meaning given the term in sec- (F) a description of how the institution of teachers by 2006, yet schools in rural areas tion 101(a) of the Higher Education Act of higher education will assist local edu- and high poverty schools have trouble at- 1965 (20 U.S.C. 1001(a)); and cational agencies in implementing effective tracting and retaining such teachers. (B) if such an institution prepares teachers and sustained mentoring and other profes- (3) A 2000 study by the Education Trust re- and receives Federal funds, means such an sional development activities for beginning ports that high poverty schools are twice as institution that— teachers; likely not to have teachers certified in the (i) is in full compliance with the require- (G) a description of how the institution of fields in which they teach as schools that are ments of section 207 of the Higher Education higher education will work with individuals not high poverty schools, which highlights Act of 1965 (20 U.S.C. 1027); and who successfully complete a teacher edu- that high poverty schools will need special (ii) does not have a teacher preparation cation program to become certified or li- help to meet the goals of the No Child Left program identified by a State as low-per- censed; and Behind Act of 2001. forming. (H) a description of how the institution of (4) If the Nation is to improve student (7) LOCAL EDUCATIONAL AGENCY.—The term higher education will prepare teachers to achievement and success in school, the ‘‘local educational agency’’ has the meaning succeed in the classroom. United States must encourage and support given such term in section 9101 of the Ele- (c) APPROVAL.— the training and development of our Nation’s mentary and Secondary Education Act of (1) IN GENERAL.—The Secretary shall ap- teachers, who are the single most important 1965 (20 U.S.C. 7801). prove an application submitted pursuant to subsection (a) if the application meets the in-school influence on student learning. (8) LOCAL PARTNER.—The term ‘‘local part- (5) A majority of graduates of schools of ner’’ means a high poverty local educational requirements of this section and holds rea- education believe that traditional teacher agency or a high poverty school. sonable promise of achieving the purpose of preparation programs left them ill prepared this Act. (9) MENTORING.—The term ‘‘mentoring’’ (2) EQUITABLE DISTRIBUTION.—To the extent for the challenges and rigors of the class- means activities that consist of structured practicable, the Secretary shall ensure an room. guidance and regular and ongoing support equitable geographic distribution of grants (6) Fewer than 36 percent of new teachers for beginning teachers. feel very well prepared to implement cur- under this section among the regions of the (10) SECRETARY.—The term ‘‘Secretary’’ riculum and performance standards. United States. means the Secretary of Education. (7) Highly qualified teachers are more ef- (3) DURATION OF GRANTS.—The Secretary is (11) STATE.—The term ‘‘State’’ means each fective in impacting student academic authorized to make grants under this section of the 50 States, the District of Columbia, achievement because such teachers have for a period of 5 years. At the end of the 5- and the Commonwealth of Puerto Rico. high verbal abilities, high content knowl- year period, the grant recipient may apply edge, and an enhanced ability to know how SEC. 4. GRANT PROGRAM. for an additional grant under this section. to teach the content using appropriate peda- (a) IN GENERAL.—The Secretary is author- (d) USES OF FUNDS.— gogical strategies. ized to award grants on a competitive basis (1) MANDATORY USES.—An institution of (8) The difference in annual student to institutions of higher education to estab- higher education that receives a grant under achievement growth between having an ef- lish a partnership with a local partner to— this section shall use the grant funds to— fective and ineffective teacher can be more (1) establish a clinically-based elementary (A) establish a partnership with a local than 1 grade level of achievement in aca- school or secondary school teacher training partner to establish, or enhance an existing, demic performance. program; or clinically-based elementary school or sec- (9) Studies have consistently documented (2) enhance such institution’s clinically- ondary school teacher training program to the important connection between a teach- based elementary school or secondary school better train teachers for challenges in the er’s verbal and cognitive abilities and stu- teacher training program. classroom; dent achievement. (b) APPLICATION.— (B) facilitate a partnership among depart- (10) Research has shown that there is a (1) IN GENERAL.—An institution of higher ments of the institution to ensure that fu- positive effect on student achievement when education that desires to receive a grant ture teachers are prepared to teach; and students are taught by teachers with a under subsection (a) shall submit an applica- (C) implement a project-based assessment strong subject-matter background. tion to the Secretary at such time, in such that facilitates the program evaluation de- (b) PURPOSE.—It is the purpose of this Act manner, and containing such information as veloped under subsection (f) and that as- to provide grants to teacher preparation pro- the Secretary may reasonably require. sesses the impact of the activities under- grams to better prepare teachers to educate (2) DEVELOPMENT.—The institution of high- taken with grant funds awarded under this all children. er education shall develop the application in Act on achieving the purpose of this Act, as SEC. 3. DEFINITIONS. collaboration with 1 or more local partners. well as on institutional policies and prac- In this Act: (3) CONTENTS.—Each application submitted tices. (1) BEGINNING TEACHER.—The term ‘‘begin- pursuant to paragraph (1) shall include— (2) ADDITIONAL ACTIVITIES.—An institution ning teacher’’ means a highly qualified (A) a description of any shortages in the of higher education that receives a grant teacher who has taught for not more than 3 State, where the institution of higher edu- under this section shall use the grant funds years. cation is located, of highly qualified teachers for not less than 3 of the following activities: (2) CORE ACADEMIC SUBJECTS.—The term in high poverty schools in core academic (A) The enhancement of high caliber teach- ‘‘core academic subjects’’ means— subjects; ing, including— (A) mathematics; (B) an assessment of the needs of beginning (i) enabling faculty to spend additional (B) science; teachers in high poverty schools to be effec- time in smaller class settings teaching stu- (C) reading (or language arts) and English; tive in the classroom that is— dents pursuing teaching degrees; (D) social studies, including history, civics, (i) developed with the involvement of the (ii) providing— political science, government, geography, local partner; and (I) summer school teaching opportunities and economics; (ii) based on— for students pursuing teaching degrees; (E) foreign languages; and (I) student achievement data in core aca- (II) additional salary for faculty members (F) fine arts, including music, dance, demic subjects; and who serve as advisors to students pursuing drama, and the visual arts. (II) other indicators of the need to fully teaching degrees; or (3) HIGH POVERTY LOCAL EDUCATIONAL AGEN- prepare beginning teachers; (III) stipends for students pursuing teach- CY.—The term ‘‘high poverty local edu- (C) a description of how the institution of ing degrees. cational agency’’ means a local educational higher education will use funds made avail- (B) Opportunities to develop new peda- agency for which the number of children who able pursuant to a grant awarded under this gogical approaches to teaching, including a are served by the agency, aged 5 though 17, Act to— focus on content knowledge in academic and from families with incomes below the (i) improve the quality of the teaching areas such as mathematics, science, foreign poverty line— force; and language development, history, political (A) is not less than 40 percent of the num- (ii) decrease the use of out-of-field place- science, and special education. ber of all children served by the agency; or ment of teachers; (C) Creation of multidisciplinary courses (B) is more than 15,000. (D) a description of how the institution of or programs that formalize collaborations (4) HIGH POVERTY SCHOOL.—The term ‘‘high higher education will align activities as- for the purpose of improved student instruc- poverty school’’ means an elementary school sisted under this Act with challenging State tion.

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(D) Expansion of innovative mentoring or (4) These children are served in more than ‘‘(2) AWARD BASIS; PRIORITY.— tutoring programs proven to enhance re- 150,000 foster homes and more than 5,000 resi- ‘‘(A) AWARD BASIS.—Subject to subpara- cruitment of students pursuing teaching de- dential programs. graph (B), loan repayment under this section grees or persistence in obtaining a teaching (5) The child welfare workforce crisis has shall be on a first-come, first-served basis degree. developed as the result of the following 3 and subject to the availability of appropria- (E) Improvement of undergraduate science, major factors: tions. mathematics, engineering, and technology (A) Overall low levels of unemployment ‘‘(B) PRIORITY.—The Secretary shall give education for nonmajors, including teacher and the resulting increase in competition for priority in providing loan repayment under education majors. workers in all sectors of the economy. this section for a fiscal year to student bor- (e) MATCHING FUNDS.—Each institution of (B) The increasing numbers of children and rowers who received loan repayment under higher education that receives a grant under families needing service coupled with the de- this section for the preceding fiscal year. this section shall demonstrate a financial creasing numbers of workers in the employ- ‘‘(3) OUTREACH.—The Secretary shall post a commitment to such institution’s school of ment pool. notice on a Department Internet web site re- education by contributing, either directly or (C) The relatively low pay and difficult garding the availability of loan repayment through private contributions, non-Federal working conditions that exist in many child under this section, and shall notify institu- matching funds equal to 20 percent of the welfare agencies. tions of higher education regarding the amount of the grant. (6) The vacancy rate in State child welfare availability of loan repayment under this (f) ASSESSMENT, EVALUATION, AND DISSEMI- agencies is 8.1 percent, and 14.3 percent for section. NATION OF INFORMATION.— private agencies. ‘‘(4) REGULATIONS.—The Secretary is au- (1) PROGRAM EVALUATION.—Not later than (7) The overall turnover rate in child wel- thorized to prescribe such regulations as 180 days after the date of enactment of this fare agencies has doubled since 1991, to 13.9 may be necessary to carry out the provisions Act, the Secretary shall award not less than percent in public agencies and to 46.5 percent of this section. 1 grant or contract to an independent eval- in private agencies. ‘‘(d) LOAN REPAYMENT.— (8) The child welfare workforce crisis is uative organization to— ‘‘(1) IN GENERAL.—The Secretary shall as- (A) develop metrics for measuring the im- real and is already compromising the ability sume the obligation to repay— pact of the activities authorized under this of the child welfare system to effectively ‘‘(A) after the third consecutive year of section on— provide essential services to its children and employment described in subsection (c)(1)(C), (i) the number of students enrolled in edu- families. In addition, analysis of trends indi- 20 percent of the total amount of all loans cation classes; cates that the situation will worsen over the made under this part or part D (excluding (ii) academic achievement of students pur- next decade. It is clear that steps must be loans made under section 428B or 428C, or suing teaching degrees, including quantifi- taken now to encourage more workers to comparable loans made under part D) for any able measurements of students’ mastery of enter the child welfare services field and to new borrower after the date of enactment of content and skills, such as students’ grade improve the salaries, working conditions, this section; point averages; and training of workers who provide these ‘‘(B) after the fourth consecutive year of (iii) persistence in completing a teaching critically important services. such employment, 30 percent of the total degree, including students who transfer from SEC. 2. LOAN FORGIVENESS FOR CHILD WEL- amount of such loans; and departments of education to programs in FARE WORKERS. ‘‘(C) after the fifth consecutive year of (a) GUARANTEED STUDENT LOANS.—Part B other academic disciplines; and such employment, 50 percent of the total of title IV of the Higher Education Act of (iv) placement during the 2 years after de- amount of such loans. 1965 is amended by inserting after section gree completion in public schools and an ‘‘(2) CONSTRUCTION.—Nothing in this sec- 428K (20 U.S.C. 1078–11) the following: evaluation of the teachers’ performance; tion shall be construed to authorize the re- (B) conduct an evaluation of the impacts of ‘‘SEC. 428L. LOAN FORGIVENESS FOR CHILD WEL- funding of any repayment of a loan made FARE WORKERS. the activities authorized under this section, under this part or part D. ‘‘(a) PURPOSE.—It is the purpose of this including a comparison of the funded section— ‘‘(3) INTEREST.—If a portion of a loan is re- projects to identify best practices with re- ‘‘(1) to bring more highly trained individ- paid by the Secretary under this section for spect to achieving the purpose of this Act. uals into the child welfare profession; and any year, the proportionate amount of inter- (2) DISSEMINATION OF INFORMATION.—The ‘‘(2) to keep more highly trained child wel- est on such loan which accrues for such year Secretary shall disseminate, biannually, in- fare workers in the child welfare field for shall be repaid by the Secretary. formation on the activities and the results of longer periods of time. ‘‘(4) SPECIAL RULE.—In the case of a stu- the projects assisted under this section, in- ‘‘(b) DEFINITIONS.—In this section: dent borrower not participating in loan re- cluding best practices, to institutions of ‘‘(1) CHILD WELFARE SERVICES.—The term payment pursuant to this section who re- higher education that receive a grant under ‘child welfare services’ has the meaning turns to an institution of higher education this section and other interested institutions given the term in section 425 of the Social after graduation from an institution of high- of higher education. Security Act. er education for the purpose of obtaining a (g) STUDENT LOAN ELIGIBILITY.—Notwith- ‘‘(2) CHILD WELFARE AGENCY.—The term degree described in subsection (c)(1)(A), the standing any other provision of law, a stu- ‘child welfare agency’ means the State agen- Secretary is authorized to assume the obli- dent who participates in a clinically-based cy responsible for administering subpart 1 of gation to repay the total amount of loans teacher training program funded under this part B of title IV of the Social Security Act made under this part or part D incurred for Act shall be eligible for student assistance and any public or private agency under con- a maximum of 2 academic years in returning under title IV of the Higher Education Act of tract with the State agency to provide child to an institution of higher education for the 1965 (20 U.S.C. 1070 et seq.) during such stu- welfare services. purpose of obtaining such a degree. Such dent’s fifth year of a program of study for ‘‘(3) INSTITUTION OF HIGHER EDUCATION.— loans shall only be repaid for borrowers who obtaining a teaching degree, if the fifth year The term ‘institution of higher education’ qualify for loan repayment pursuant to the of the program of study is required under has the meaning given the term in section provisions of this section, and shall be repaid such clinically-based program in order for 101. in accordance with the provisions of para- students to obtain the teaching degree. ‘‘(4) STATE.—The term ‘State’ has the graph (1). SEC. 5. AUTHORIZATION OF APPROPRIATIONS. meaning given the term in section 1101(a)(1) ‘‘(5) INELIGIBILITY OF NATIONAL SERVICE There is authorized to be appropriated to of the Social Security Act for purposes of AWARD RECIPIENTS.—No student borrower carry out this Act $200,000,000 for each of fis- title IV of such Act, and includes an Indian may, for the same service, receive a benefit cal years 2004 through 2009. tribe. under both this section and subtitle D of title I of the National and Community Serv- S. 409 ‘‘(c) DEMONSTRATION PROGRAM.— ‘‘(1) IN GENERAL.—The Secretary may carry ice Act of 1990 (42 U.S.C. 12601 et seq.). Be it enacted by the Senate and House of Rep- out a demonstration program of assuming ‘‘(e) REPAYMENT TO ELIGIBLE LENDERS.— resentatives of the United States of America in the obligation to repay, pursuant to sub- The Secretary shall pay to each eligible Congress assembled, section (d), a loan made, insured, or guaran- lender or holder for each fiscal year an SECTION 1. FINDINGS. teed under this part or part D (excluding amount equal to the aggregate amount of Congress makes the following findings: loans made under sections 428B and 428C, or loans which are subject to repayment pursu- (1) Approximately 3,000,000 reports of child comparable loans made under part D) for any ant to this section for such year. abuse and neglect must be investigated each new borrower after the date of enactment of ‘‘(f) APPLICATION FOR REPAYMENT.— year. this section, who— ‘‘(1) IN GENERAL.—Each eligible individual (2) Approximately 1,000,000 of these reports ‘‘(A) obtains a bachelor’s or master’s de- desiring loan repayment under this section are confirmed and require ongoing interven- gree in social work; shall submit a complete and accurate appli- tion. ‘‘(B) obtains employment in public or pri- cation to the Secretary at such time, in such (3) On any given day in the United States, vate child welfare services; and manner, and containing such information as more than 500,000 children are being served ‘‘(C) has worked full time as a social work- the Secretary may require. outside their homes by the child welfare sys- er for 2 consecutive years preceding the year ‘‘(2) CONDITIONS.—An eligible individual tem. for which the determination is made. may apply for loan repayment under this

VerDate Jan 31 2003 23:53 Feb 14, 2003 Jkt 019060 PO 00000 Frm 00096 Fmt 0624 Sfmt 0634 E:\CR\FM\A13FE6.181 S13PT2 February 13, 2003 CONGRESSIONAL RECORD — SENATE S2487 section after completing each year of quali- United States that we have not yet Each of these bills would make a con- fying employment. The borrower shall re- been able to identify.’’ crete, tangible difference in people’s ceive forbearance while engaged in quali- In other words, al-Qaida cells are op- lives. fying employment unless the borrower is in erating here, but we do not know who Two bills are focused on empowering deferment while so engaged. ‘‘(g) EVALUATION.— they are, where they are, or what they people to play a greater role in home- ‘‘(1) IN GENERAL.—The Secretary shall con- are doing. land security. duct, by grant or contract, an independent Americans are buying plastic sheet- First, until this week, most Ameri- national evaluation of the impact of the ing and duct tape in record amounts. cans have no better idea how to re- demonstration program assisted under this While they are doing everything they spond to a terrorist attack than on section on the field of child welfare services. can to protect themselves, they have a September 11. Now the administration ‘‘(2) COMPETITIVE BASIS.—The grant or con- right to know that those of us in Gov- has begun giving out useful informa- tract described in paragraph (1) shall be ernment are doing everything we can tion, but we still don’t have enough. awarded on a competitive basis. We are not being told, for example, how ‘‘(3) CONTENTS.—The evaluation described to protect them, their homes, their in this subsection shall determine— families, and their children. This is a to respond to chemical or biological at- ‘‘(A) whether the loan forgiveness program dangerous time. tacks. In addition, there is still a seri- has increased child welfare workers’ edu- But a dangerous time calls for an ous question whether people will get cation in the areas covered by loan forgive- honest response: This President is fail- the information they need when they ness; ing the test on homeland security. need it, particularly when they are ‘‘(B) whether the loan forgiveness program Homeland security has yielded to sleeping. Obviously TV and radio won’t has contributed to increased time on the job chemical companies that are holding help if you are asleep. So I have a bill, for child welfare workers as measured by— ‘‘(i) the length of time child welfare work- back commonsense steps to secure which I wrote with Senator Fritz Hol- ers receiving loan forgiveness have worked chemical plants against horrific explo- lings, that will create an emergency in the child welfare field; and sions. Homeland security is yielding to warning system to reach everyone—for ‘‘(ii) the length of time such workers con- bureaucratic inertia that is defending example, using special phone rings that tinue to work in such field after the workers old and outworn ways of fighting ter- could wake people up in the middle of meet the requirements for loan forgiveness ror. the night. under this section; and Today there are huge holes in our Second, we want to encourage more ‘‘(C) whether the loan forgiveness program borders—one guard for every 5 miles on people to contribute. People want to has increased the experience and the quality the Canadian border. There are huge serve, but they feel like they haven’t of child welfare workers and has contributed to increased performance in the outcomes of holes at our ports—we are still inspect- been asked. We should ask. One way is child welfare services in terms of child well- ing only a fraction of all shipments through the Neighborhood Watch pro- being, permanency, and safety, as deter- into the United States, shipments that gram. Neighborhood Watches help pre- mined after consultation with the Secretary could carry nuclear or biological weap- vent both terrorism and ordinary of Health and Human Services. ons. There are huge holes in our home- crime. We are going to increase support ‘‘(4) INTERIM AND FINAL EVALUATION RE- towns—where cops and firefighters do for these, encourage folks to get in- PORTS.—The Secretary shall prepare and sub- not have the equipment or the training volved, with the goal—the realistic mit to the President and Congress such in- that they need. goal—of tripling the number of neigh- terim reports regarding the evaluation de- scribed in this subsection as the Secretary For all these holes, this President borhood watches. determines appropriate, and shall prepare has vetoed billions for homeland secu- Next, I have introduced two bills fo- and so submit a final report regarding the rity, he is withholding funds that first cused on hardening vulnerable tar- evaluation by September 30, 2005. responders need today, and he has pro- gets—in other words, taking those tar- ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.— posed funding homeland security this gets we know terrorists want to at- There are authorized to be appropriated to year at a level that even Republican tack, and transforming them so they carry out this section $20,000,000 for fiscal experts like Warren Rudman say is to- will be less vulnerable. year 2004, and such sums as may be necessary One bill is to do research to enhance for each of the 4 succeeding fiscal years.’’. tally inadequate. We cannot cover the holes in our bor- building security, to improve the qual- By Mr. EDWARDS: ders with plastic sheeting. Our cops ity of private security guards and S. 410. A bill to establish the Home- and firefighters need reinforcements make buildings more resistant to at- land Intelligence Agency, and for other and new gear, not canned goods. tack. We know that at the Oklahoma purposes; to the Select Committee on In 2000, the President’s team talked City bombing, 85 percent of the lives Intelligence. about the dangers of a hollow military. might have been saved if the building Mr. EDWARDS. Mr. President, I have At a time when the greatest dangers had been built with better materials, in previously given a statement and a we face are here at home, this adminis- a better way. We are still learning speech on the floor of the Senate with tration risks creating a hollow home- about the World Trade Center collapse. regard to Mr. Estrada’s nomination. I land defense. We know we need better construction voted against him in the Judiciary This is happening for a very simple and better security around buildings Committee. The concerns I had in- reason. The bare minimum of home- across America. cluded his not answering questions land security improvements we need— A fourth bill would require the Gov- that were put to him, serious ques- $10 billion more this year—costs less ernment to improve its cybersecurity. tions, in my judgment—issues about than half of President Bush’s tax cut A few weeks ago, we had an attack that his record and his temperament. just for 226,000 millionaires. crippled a lot of Government computer Today, I wish to talk about homeland I believe it is time to say to this systems. There are simple tests we security. First, I will talk about the se- President: Mr. President, please put could be doing to block computer at- rious shortcomings in the administra- our security first. Please set aside $20 tacks that we are not doing: to ‘‘patch’’ tion’s response, and then I will talk billion in tax breaks for 226,000 million- holes in the systems. We need to make about six bills I have introduced in this aires, and put homeland security for that happen. Congress to improve our homeland se- 290 million Americans first. Fifth, I have introduced a bill to help curity, including a bill today to over- Let me talk a little bit about my local law enforcement by requiring the haul the way we do intelligence work work on homeland security since Con- Government to give security clear- here at home. gress came back into session. Back in ances to more police officers, fire- The first responsibility of any gov- December, I laid out a comprehensive fighters, and health officials. They ernment is to protect its people. Yet plan for strengthening our domestic se- need information to keep us safe, but we live in a time when Americans feel curity, from stopping ID fraud to shar- too often they are not getting it. This extraordinary insecurity. We are at an ing more information with local police bill would help make sure they do. elevated level of threat warning. The to improving our cybersecurity. And in Finally, there is the bill I have intro- CIA Director says al-Qaida is ‘‘resum- the 6 weeks Congress has been in ses- duced today, and that I want to talk ing the offensive.’’ The FBI Director sion so far, I have introduced six bills about in some detail. This bill will says there are ‘‘al-Qaida cells in the to strengthen our homeland security. make fundamental changes in the way

VerDate Jan 31 2003 23:53 Feb 14, 2003 Jkt 019060 PO 00000 Frm 00097 Fmt 0624 Sfmt 0634 E:\CR\FM\A13FE6.181 S13PT2 S2488 CONGRESSIONAL RECORD — SENATE February 13, 2003 we protect Americans against inter- is that the FBI is also a bureaucracy, the new agency that is dedicated to national terrorists operating within and it is the nature of a bureaucracy to protecting the constitutional rights of our borders. This bill takes away from resist change. That is just the reality. innocent Americans. So at the end of the FBI the responsibility to collect in- It was only in November that the New the day, we will help to fulfill Amer- telligence on foreign terrorist groups York Times reported the FBI’s No. 2 of- ica’s promise—that we are safe and free operating in America. And this bill ficial was ‘‘amazed and astounded’’ by at the same time. gives that responsibility to a new the FBI’s sluggish response to the ter- I believe this bill is an important Homeland Intelligence Agency. I be- rorist threat. step to making America safer, and I lieve this agency will do a better job Beyond the problem of bureaucratic look forward to working on it with col- protecting our safety and our basic resistance, there is a more funda- leagues on both sides of the aisle in freedoms. Let me briefly explain why. mental problem with the FBI. That getting this legislation passed. There is no question that the FBI is problem is the conflict at the base of full of dedicated professionals who are the FBI’s mission, which is a conflict By Mr. BINGAMAN: S. 411. A bill to amend title 49, patriots, who serve their country with between law enforcement and intel- United States Code, to establish a uni- courage and conviction, who do all of ligence. These are fundamentally dif- versity transportation center to be us proud. ferent functions. known as the ‘‘Southwest Bridge Re- But there is also no question that the Law enforcement is about building search Center’’; to the Committee on FBI made many serious mistakes be- criminal cases and putting people in Environment and Public Works. fore September 11. There was the Phoe- jail. Intelligence isn’t about building a Mr. BINGAMAN. Madam President, I nix memorandum, a memorandum case; it is about gathering information rise to introduce legislation that I be- about suspicious behavior at flight and putting it together into a bigger lieve will go a long way in helping to schools that the FBI did not follow up picture. improve the safety and durability of on. There was the Moussaoui case, The FBI has never been built for in- the Nation’s highway bridges. Today, where the FBI had in its possession a telligence. It has always been an agen- with great pleasure I am introducing computer full of critical information, cy that hires people who want to be the Southwest Bridge Research Center yet did not access the information law enforcement officers, trains them Establishment Act of 2003. there. There were even two hijackers to be law enforcement officers, and pro- The purpose of this bill is to author- who the FBI knew were threats but did motes them for succeeding as law en- ize the Secretary of Transportation to not track and stop. forcement officers. establish a new University Transpor- It is true all this was before Sep- Cases have been run by field offices tation Center focused on the safety of tember 11. The other day, Director with little of the central coordination highway bridges. The new Southwest Mueller told me that my criticisms un- that is essential to combat national Bridge Research Center is a coopera- derstated the extent of the FBI’s re- networks of terrorists. The FBI has tive effort between New Mexico State forms. Well, I respect Director Mueller, regularly kept intelligence within the University and the Oklahoma Trans- and I look forward to continuing to agency’s walls rather than sharing it portation Center, comprising the Uni- talk with him about FBI reform. I have with other key players. versity of Oklahoma and Oklahoma only the best wishes for his reform ef- Now, the FBI says all this is chang- State University. The new center will forts. ing. But with all due respect, the FBI’s lead the Nation in the research and de- At the same time, it would be hard to reforms are too little and too late. velopment of technologies for bridge understate the seriousness of the prob- They are not enough, and because of testing and monitoring, procedures for lems we have seen. the nature of the FBI, they cannot ever ensuring bridge safety and security, This is not just my view; it is the be enough. and training in methods of bridge in- view of every objective panel to look at That is why I propose today to create spection. this issue. These panels have raised se- a Homeland Intelligence Agency, one Our highway network is a central rious questions about the FBI’s re- that would be responsible for collecting component of our economy and funda- sponse to terrorism, and in some in- foreign intelligence inside the United mental to our freedom and quality of stances, about the FBI’s capacity to re- States, analyzing that intelligence, and life. America’s mobility is the engine spond to terrorism. getting it to the policymakers or first of our free market system. Transpor- The Markle Task Force commented: responders who need it. This entity tation via cars, buses, and trucks plays ‘‘. . . there is a resistance ingrained in isn’t in the new Department of Home- a central role in our basic quality of the FBI ranks to sharing counter-ter- land Security. It isn’t in the newly an- life. Much of the food we eat, the rorism information . . . the FBI has nounced ‘‘Terrorist Threat Integration clothes we wear, the materials for our not prioritized intelligence analysis in Center.’’ That’s just about analysis. homes and offices, comes to us over the the areas of counter-terrorism.’’ This is about collection, gathering the 4 million miles of our road network. The Joint Congressional Inquiry intelligence information to begin with. One critical element of our highway noted: The FBI has a ‘‘history of re- I believe this agency will do a better network is the highway bridges that peated shortcomings within its current job fighting terrorism because its sole span streams, rivers, and canyons of responsibility for domestic intel- focus will be intelligence gathering. our cities and rural areas. Bridges also ligence....’’ The inherent conflict between law en- help traffic flow smoothly by carrying The Brookings Institution went fur- forcement and intelligence will not get one road over another. ther, stating that ‘‘there are strong in the way of its work. Most highway bridges are easy to reasons to question whether the FBI is I also believe it will do a better job overlook. Notable exceptions are New the right agency to conduct domestic protecting our civil liberties. While we England’s covered bridges, the well- intelligence collection and analysis.’’ will not give the new agency any new known Golden Gate Bridge, and the And finally, the Gilmore Commission authorities, we will place new checks spectacular Rio Grande Gorge Bridge recently said: ‘‘the Bureau’s long on its ability to collect information near Taos, New Mexico. The fact is, ac- standing tradition and organizational about innocent people. Time and again, cording to the Federal Highway Ad- culture persuade us that, even with the we have seen this administration over- ministration, we have about 590,000 best of intentions, the FBI cannot soon reach when it comes to civil liberties. highway bridges in this country that be made over into an organization dedi- That should stop, and this proposal are more than 20-feet long. The total cated to detecting and preventing at- will help stop it. bridge-deck area of these 590,000 tacks rather than one dedicated to We will require judicial approval be- bridges is an amazing 120 square miles, punishing them.’’ fore the most secretive and invasive in- or slightly smaller in area than the en- I believe the Gilmore Commission vestigations of religious and political tire city limits of Albuquerque, New reached the right conclusion. groups. We will require greater public Mexico, roughly twice the size of the Part of the problem is bureaucratic reporting and more internal auditing. entire District of Columbia, or five resistance at the FBI. The FBI is full of We will establish a new and inde- times the area of New York’s Manhat- superb public servants. But the reality pendent office of civil liberties within tan Island. The State of Texas leads

VerDate Jan 31 2003 23:53 Feb 14, 2003 Jkt 019060 PO 00000 Frm 00098 Fmt 0624 Sfmt 0634 E:\CR\FM\A13FE6.195 S13PT2 February 13, 2003 CONGRESSIONAL RECORD — SENATE S2489 the Nation with over 48,000 bridges, can record and transmit information sity of Oklahoma was allotted $3.5 mil- about ten percent of the total. Ohio is on their current structural condition lion in TEA–21 for research work on in- second with about 28,000 highway as well as on the traffic crossing them. telligent stiffeners for bridge stress re- bridges. In 1998, NMSU installed 67 fiber-optic duction and Oklahoma State received A little known, and disturbing fact sensors on an existing steel bridge on $3.5 million for work on the geothermal about these 590,000 highway bridges is Interstate 10 in Las Cruces. This heat pump smart bridge program. that nearly 84,000, or 14 percent, are award-winning project was the first ap- I am pleased to have also played a considered to be structurally deficient plication of fiber-optic sensors to high- part. At my request, Congress provided according to the most recent statistics way bridges. More recently, in 2000, $600,000 in 2001 for bridge research at from the FHWA. The percent of struc- sensors were incorporated directly in a New Mexico State University and an turally deficient bridges varies widely concrete bridge during construction to additional $250,000 in the current fiscal among the 50 States. For example, this monitor the curing of the concrete; the year. chart shows some of the States with bridge crosses the Rio Puerco on Inter- The specific purpose of the South- some of the highest percentage of defi- state 40, west of Albuquerque. NMSU west Bridge Research Center will be to cient bridges. has an actual 40-foot ‘‘bridge’’ in a lab- contribute to improving the perform- oratory on campus to allow studies of ance of the nation’s highway bridges. Percent of Number of structurally instrumentation and data collection. The center will emphasize five goals: 1. State Number of structurally deficient I ask unanimous consent that two ar- Increasing the number of skilled indi- bridges deficient bridges bridges (in percent) ticles describing NMSU’s accomplish- viduals entering the field of transpor- ments on smart bridge technology be tation; 2. improving the monitoring of Oklahoma 22,708 7,605 33.5 Missouri 23,604 6,083 25.8 printed in the Record, exhibits one and the structural health of highway Rhode Island 749 187 25.0 two. bridges; 3. developing innovative tech- Pennsylvania 22,092 5,418 24.5 South Dakota 6,001 1,398 23.3 NMSU is also a leader in other areas nologies for testing and assessment of Mississippi 16,825 3,694 22.0 of bridge inspection. It has provided bridges; 4. developing technologies and Iowa 25,030 5,036 20.1 North Dakota 4,517 871 19.3 training for bridge inspectors for over procedures for ensuring bridge safety, Michigan 10,631 2,012 18.9 30 years. It has also developed expertise reliability, and security; and 5. pro- Louisiana 13,426 2,425 18.1 Alabama 15,641 2,677 17.1 in using a virtual reality approach to viding training in the methods of North Carolina 16,991 2,513 14.8 document a bridge’s physical condi- bridge inspection and evaluation. Kansas 25,638 3,465 13.5 Ohio 27,952 3,304 11.8 tion. Building on the three universities’ At the same time, Oklahoma State research work, the Southwest Bridge Source: FHWA National Bridge Inventory (NBI) System, December 2001. University leads the Nation in the de- Research Center will develop a strong Structurally deficient bridges are a velopment of the Geothermal Smart educational component, including de- particular concern in rural areas of our Bridge System, which uses energy gree opportunities in bridge engineer- country. According to FHWA’s 2002 edi- stored in the earth itself to help keep ing at both the undergraduate and tion of its Conditions and Performance bridges free of ice and snow. OSU is graduate levels. In addition, the center Report to Congress, 16 percent of rural also performing cutting edge research will have a cooperative certificate pro- bridges are structurally deficient com- on high-performance structural mate- gram for training and professional de- pared to only 10 percent of urban rials frequently used in bridges includ- velopment. Distance education tech- bridges. The report estimates the aver- ing concrete, steel, and timber. nology and computer-based learning age cost required to maintain the ex- At the University of Oklahoma, a will allow programs to be offered at isting 590,000 highway bridges is $7.3 multidisciplinary team of researchers any of the universities. billion per year. is working to develop a ‘‘smart’’ vehi- The bill provides $3 million in fund- Another surprising fact about our cle-bridge system that is expected to ing from the Highway Trust Fund to Nation’s highway bridges is their age. reduce the impact of moving trucks on operate the center. About one-third of all highway bridges bridge structures, thereby increasing New Mexico State University and the are more than 50 years old, and an the lifespan of highway bridges. The Oklahoma Transportation Center have amazing 10,000 bridges are at least 100 UO team is also expert in the develop- applied their vast talents, tools, and years old. About 4,000 of these century- ment of high-performance concrete and techniques to solving technological old bridges are currently rated as of sensors for non-destructive testing. problems with highway bridges for over structurally deficient. Of course, the Oklahoma Transpor- 30 years. The team is well established I do believe the number of deficient tation Center was also heavily involved and maintains cutting-edge expertise. bridges in this country should be a con- last year in the rebuilding of the Inter- The members of the team are recog- cern to all Senators. Ensuring that state 40 bridge over the Arkansas River nized and respected at the national and States and local communities have the near Webbers Falls, OK, after it col- international levels through accom- funds they need to help correct these lapsed when struck by a barge. The plishments in bridge testing, moni- deficient bridges will be one of my pri- bridge was reopened to traffic only 64 toring, and evaluation. orities when Congress reauthorizes days after the accident. I ask all senators to support the des- TEA–21. However, because there may This is just a glimpse at the high ignation of a new Southwest Bridge Re- not be sufficient Federal and State quality bridge research at these three search Center. I look forward to work- funding to address all of the deficient universities. All three institutions are ing this year with the Chairman of the bridges, it will be important to identify widely recognized as national leaders Environment and Public Works Com- the bridges that are most in need of re- in all aspects of bridge research and mittee, Senator INHOFE, and Senator placement or rehabilitation. technology. I believe it is fully appro- JEFFORDS, the ranking member, to in- To ensure the most efficient use of priate for these three nationally recog- corporate this bill into the full 6–year limited resources, Congress should also nized universities to collaborate in op- reauthorization of the transportation address the need for new technologies erating the Southwest Bridge Research bill. to help States monitor the condition of Center. I ask unanimous consent that a let- the Nation’s 590,000 highway bridges The bill I am introducing today au- ter of support from the three univer- and determine priorities for repair or thorizes the Secretary of Transpor- sities and a letter from Rhonda replacement. Such monitoring tech- tation to establish and operate the Faught, the Secretary of New Mexico’s nologies, or ‘‘smart bridges,’’ should be Southwest Bridge Research Center at State Highway and Transportation De- quick, efficient, and not damage the New Mexico State University in col- partment be printed in the RECORD. I bridge in any way. I am very pleased laboration with the Oklahoma Trans- also ask unanimous consent that the that New Mexico State University is portation Center. I do believe the three text of the bill be printed in the one of the Nation’s pioneers in the de- universities have earned this honor. In RECORD. velopment of non-destructive methods fact, in some ways, Congress has al- There being no objection, the mate- of determining the physical condition ready recognized their fine work of the rial was ordered to be printed in the of highway bridges. Such smart bridges three centers. For example, the Univer- RECORD, as follows:

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EXHIBIT 1 New Mexico State—acknowledges that both be used to confirm design calculations, de- [From the Washington Post, May 18, 1998] technical and economic challenges remain. tect damage, and count traffic, among other functions. SENSORS BRIDGE GAP IN COMMUNICATION Her sensors cost about $50 to $100 each, in- An example of the sensor systems devel- ABOUT REPAIR NEEDS cluding the cost of the cable itself. The bene- fits, she says, would come from freeing oped by the Advanced Research program is (By Louis Jacobson) bridge inspectors from many of their routine the fiber-optic strain gauge based on Bragg LAS CRUCES, NM.—Hardly anyone in this and time-consuming duties. At the same gratings. These gratings consist of alter- burgeoning southwestern city realizes it, but time, highway departments could use their nating zones of different indexes of refrac- right behind the Las Cruces Days Inn is a new data to repair bridges more precisely tion. The spacing of the layers determines a state-of-the-art experimental bridge. It isn’t and cost-efficiently than today’s information specific wavelength of light that will be re- very exciting to look at—in fact, a motorist sources allow. ‘‘If a fiber-optic gauge system flected. The technology is the same as that whizzing under Interstate 10 probably costs $30,000,’’ she says, ‘‘that’s still far less used in the broadband fiber-optic tele- wouldn’t notice anything unusual. But the than a typical new bridge, which costs mil- communications systems now being installed experiment’s sponsors—including the Fed- lions.’’ across the country. Since the fiber-optic sensor operates with eral Highway Administration, the National Even if that price tag eventually drops, light waves rather than electrons, it has sev- Science Foundation and state highway de- highway officials who aren’t involved in the eral advantages over conventional electronic partments—hope that it will eventually rev- experiment suggest that the system will be strain gauges: ruggedness, absence of drift, olutionize the way the Untied States main- most appropriate for the minority of bridges tains its half-million aging highway bridges. and immunity to electromagnetic noise. It that officials already fret about. permits as many as 100 gauges to be put on Undergirding the Las Cruces ‘‘smart ‘‘It seems like this system would be best a single fiber as thin as a human hair. The bridge’’ is a series of special sensors. It’s not for bridges that need special attention,’’ says unusual for a bridge to be strung with me- installation of the gauges is simplified, the David Hensing, deputy executive director of cabling requirement is reduced, and the cost- chanical sensors to measure structural the American Association of State Highway stresses, particularly when a bridge is older per-sensor is lowered. and Transportation Officials. ‘‘It’s probably Possible applications may require net- and at higher risk of long-term fatigue. But more expensive than is necessary for 90 per- works on the order of 1,000 sensors, or 1 the Las Cruces sensors are embedded in cent of America’s bridges. But for the other kilosensor. Working under an interagency fiber-optic cables that—once the experiment 5 or 10 percent, that kind of instrumentation agreement with the Naval Research Labora- is fully underway—will be able to transmit will get more years of life out of the bridge tory, which has developed many fiber-optic their readings to bridge officials in real and lead to more timely corrective action.’’ sensors, the Advanced Research program has time. In other words, weary bridges will soon Bob Reilly, director of cooperative re- demonstrated several applications of sensor be able to telephone their weakened condi- search programs at the federal Transpor- networks for structural monitoring. tions directly to the highway authorities so tation Research Board, which is part of the The first application, co-funded with the that bridge engineers can be dispatched to National Research Council, concurs. ‘‘I could National Science Foundation (NSF), resulted head off catastrophe. image it would be a very useful thing in rare in the installation of a system of 67 cali- ‘‘We’re looking at a very large bridge stock cases, but my guess is that it’s not worth it brated fiber-optic sensors on an existing in the U.S. that’s in need of maintenance,’’ for all bridges,’’ he says. steel bridge on Interstate 10 in Las Cruces, says Rola Idriss, the civil engineer at New Richard Livingston, the Federal Highway NM. This work was carried out by New Mex- Mexico State University who is monitoring Administration official who is supplying ico State University, with Dr. Rola Idriss as the I–10 experiment. ‘‘Our idea was, how can Idriss with equipment and grant money, sug- the principal investigator. we better inspect our bridges, how can we gests three types of bridges that are likeliest ‘‘The research has shown the fiber-optic better evaluate them and how can we save to benefit: bridges that are already thought sensors to be a powerful nondestructive eval- money and time? The basic idea was to mon- to be structurally deficient, critical urban uation tool,’’ says Idriss. ‘‘Whether retro- itor them from far away.’’ bridges that carry economically vital traffic fitted to an existing structure or built into a The fiber-optic cables used in the experi- flows and newer bridge designs with which new smart bridge, they can yield a wealth of ment were designed by the Naval Research engineers have little long-term experience. information about the structure and the Laboratory. First, laser beams etch the ca- California transportation officials have ex- traffic crossing it.’’ bles’ cores with five-millimeter-long internal pressed interest in installing fiber-optic The installation has generated several gauges, spaced about two to three meters gauges in critical seismic zones. Closer to types of information under random traffic apart. Once the cable is strung under the home, the Washington area’s Woodrow Wil- loading, including girder deflections, funda- bridge and attached with epoxy, engineers son Bridge—a clogged and vital drawbridge mental vibration frequencies, vehicle speed program the system so that light beams ca- on the Capital Beltway—could be among the data, and traffic flow on an hourly basis. To reen down the cable at regular intervals. The first to serve as a test site, if Congress au- date, the Las Cruces project has achieved no- degree of the light beams’ bend directly cor- thorizes funding to do so. table success in its primary purpose of inves- relates with the degree of bridge stress. If ‘‘It would be able to help us schedule main- tigating practical issues in the full-scale ap- the results exceed a pre-calibrated bench tenance activities in a more cost-effective plication and regular operation of fiber-optic mark, officials will be alerted to check for way,’’ says Louis Triandafilou, a Baltimore- sensors on highway structures. The project weakness exactly where they need to. The based Federal Highway Administration offi- has been widely covered in the media and re- ceived several awards. gauges can also be used to report general cial who has been trying to broker the Wil- traffic patters, aiding transportation plan- New Mexico State University applied the son Bridge deal. ‘‘The Wilson Bridge is a sensors to the construction of a new concrete ners as well as bridge inspectors. good one to test because it’s a drawbridge So far, the fiber-optic gauges have re- bridge in a project co-funded by Advanced and because it has a very high traffic count, Research, NSF, and the New Mexico State mained fastened better than normal wire especially truck traffic, so you can get infor- gauges have, Idriss says. More important, Highway and Transportation Department mation on how the bridge is affected by fa- (NMSHTD). The mix design and curing con- the fiber simultaneously serves as a data col- tigue and repetitive stress.’’ ditions now being used to make high-per- lector and transmitter. ‘‘It was a very ele- Given that it often takes four or five pro- formance concrete structures may produce gant way to get away from the traditional fessionals a full week to inspect just one unexpectedly high temperatures and stresses method of using wires and installation,’’ bridge—and considering the big back-log of during the casting of girders, possibly lead- Idriss says. ‘‘You just hook it to a computer bridges to inspect, including some whose cru- ing to cracking and major structural failure. and then let it cell phone the information cial parts aren’t easy to reach—the experi- Obtaining information on the internal condi- home. The beauty of it is that you don’t have ment’s advocates say that the benefits of re- tions is difficult with conventional tempera- to be on the bridge. I could monitor a bridge mote sensing can be substantial. ‘‘The real ture or strain gauges because of their fra- in Washington if I wanted to.’’ problem is that no one has ever done a cost- gility. Though the bridge in Las Cruces—which benefit analysis,’’ Livington says. ‘‘It has in- Forty fiber-optic long-gauge deformation Idriss describes as an ordinary interstate creased cost, but it may also have increased and temperature sensors were embedded in bridge—was built in the 1970s, it has already benefits.’’ the concrete girders of the Rio Puerco Bridge displayed some metal fatigue (a fact that during casting. These sensors monitored the was known even before the smart bridge ex- EXHIBIT 2 prestress forces applied to the steel strands periment was concocted). ‘‘It’s not unusual [From the Public Roads magazine, Nov./Dec., in the precast concrete components during to have that kind of fatigue, but the bridge 2002] and after the steam curing period. One find- is not very old, so you want to know much ing was that some design codes considerably A DECADE OF ACHIEVEMENT more about what’s happening,’’ she says. overestimate the actual losses. NMSHTD ‘‘Now, we need to expand the capability of (By Richard A. Livingston, Milton Mills, and now is planning to use sensors routinely in the system by collecting from many more Morton S. Oskard) the construction of concrete bridges in the sensors. It currently has 30, but we’d like to Installation of sensor systems in bridges is future. ‘‘Building the sensors into new double that at least.’’ increasingly recognized as important for ob- bridges,’’ says Idriss, ‘‘enables us to evaluate Idriss—who grew up in a family of engi- taining information on strains, temperature, new high-performance materials and new de- neers in Beirut and later became the first moisture, and other variables. The informa- signs. It also establishes a baseline for long- woman to earn a civil engineering PhD from tion collected from such smart bridges can term monitoring.’’

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Several companies now offer Bragg fiber- KENNETH R. WHITE, other experts in the field to advance the optic sensor systems on a commercial basis. Interim Dean of Engi- body of knowledge in transportation. Two States (Hawaii and New Mexico) have neering, New Mexico ‘‘(B) An education program that includes received funding from the FHWA Innovative State University. multidisciplinary course work and participa- Bridge Research and Construction Program. tion in research. In addition, several other States are consid- NEW MEXICO STATE HIGHWAY ‘‘(C) An ongoing program of technology ering installation of these systems on new or AND TRANSPORTATION DEPARTMENT, transfer that makes research results avail- existing bridges. Fiber-optic systems also Santa Fe, NM, January 27, 2003. able to potential users in a form that can be have been chosen as the method for meas- Hon. JEFF BINGAMAN, implemented. uring expansion in concrete girders under U.S. Senator, Hart Building, ‘‘(4) MAINTENANCE OF EFFORT.—To be eligi- the lithium treatment evaluation program. Washington, DC. ble to receive a grant under this subsection, All these developments indicate that fiber- DEAR SENATOR BINGAMAN: I am writing to the institution specified in paragraph (1) optic sensor systems have been transferred express my support for your bill to establish shall enter into an agreement with the Sec- successfully from Advanced Research to a Bridge Research Center as a cooperative ef- retary to ensure that, for each fiscal year other FHWA programs. fort of New Mexico State University and the after establishment of the Center, the insti- Oklahoma Transportation Center (Oklahoma tution will fund research activities relating COLLEGE OF ENGINEERING, State University and the University of Okla- to transportation in an amount that is at OFFICE OF THE DEAN, NEW MEXICO homa). NMSU and OTC desire to provide least equal to the average annual amount of STATE UNIVERSITY, bridge research leadership for our Nation. funds expended for the activities for the 2 fis- Las Cruces, NM, January 8, 2003. The areas of leadership include research and cal years preceding the fiscal year in which Hon. JEFF BINGAMAN, development of techniques and technologies the grant is received. U.S. Senator, Hart Building, for bridge testing and monitoring, proce- ‘‘(5) COST SHARING.— Washington, DC. dures for ensuring bridge safety and secu- ‘‘(A) FEDERAL SHARE.—The Federal share DEAR SENATOR BINGAMAN: We are writing rity, and curricula to train persons in the of the cost of any activity carried out using to express our support for your bill to estab- methods for bridge inspection and evaluation funds from a grant provided under this sub- lish a bridge research center (brc) as a coop- as one part of increasing the number of high- section shall be 50 percent. erative effort of New Mexico State Univer- ly skilled individuals entering the field of ‘‘(B) NON-FEDERAL SHARE.—The non-Fed- sity and the Oklahoma Transportation Cen- transportation. eral share of the cost of any activity carried ter (Oklahoma State University and the Uni- I believe it is important for the Bridge Re- out using funds from a grant provided under versity of Oklahoma). NMSU and OTC desire search Center to be established as a Univer- this subsection may include funds provided to work together in a spirit of cooperation as sity Transportation Center. The New Mexico to the recipient under any of sections 503, a University Transportation Center. We are State Highway and Transportation Depart- 504(b), and 505 of title 23. bonded together in a desire to provide bridge ment, through our Research Bureau, will ‘‘(C) ONGOING PROGRAMS.—After establish- research leadership for our respective states work with New Mexico State University to ment of the Center, the institution specified and the nation. ensure a match for the New Mexico portion in paragraph (1) shall obligate for each fiscal The purpose of the Bridge Research Center of the Bridge Research Center funds. year not less than $200,000 in regularly budg- shall be to contribute at a national level to I appreciate your continued leadership on eted institutional funds to support ongoing a systems approach to improving the overall behalf of transportation in New Mexico and transportation research and education pro- performance of bridges. The BRC will empha- our Nation. grams. size the following: Sincerely, ‘‘(6) PROGRAM COORDINATION.— 1. Increase the number of highly skilled in- RHONDA G. FAUGHT, ‘‘(A) COORDINATION.—The Secretary shall— dividuals entering the field of transpor- Cabinet Secretary. ‘‘(i) coordinate the research, education, tation. training, and technology transfer activities 2. Improve the monitoring of the struc- S. 411 carried out by the Center; tural health over the life of bridges. Be it enacted by the Senate and House of Rep- ‘‘(ii) disseminate the results of that re- 3. Develop innovative technologies for resentatives of the United States of America in search; and bridge testing and monitoring. Congress assembled, ‘‘(iii) establish and operate a clearinghouse 4. Develop technologies and procedures for SECTION 1. SHORT TITLE. for information derived from that research. ensuring bridge safety, reliability and secu- This Act may be cited as the ‘‘Southwest ‘‘(B) ANNUAL REVIEW AND EVALUATION.—At rity. Bridge Research Center Establishment Act 5. Provide training in the methods for least annually, and in accordance with the of 2003’’. bridge inspection and evaluation. plan developed under section 508 of title 23, The objective of the BRC is to carry out SEC. 2. BRIDGE RESEARCH CENTER. the Secretary shall review and evaluate each several programs and activities. Included Section 5505 of title 49, United States Code, program carried out by the Center using will be basic and applied research with prod- is amended by adding at the end the fol- funds from a grant provided under this sub- ucts judged by peers or other experts to ad- lowing: section. vance the body of knowledge for bridges. An ‘‘(k) SOUTHWEST BRIDGE RESEARCH CEN- ‘‘(7) LIMITATION ON AVAILABILITY OF educational program that includes multi- TER.— FUNDS.—Funds made available to carry out disciplinary course work and participation in ‘‘(1) IN GENERAL.—In addition to the uni- this subsection shall remain available for ob- bridge research. Finally, an ongoing program versity transportation centers receiving ligation for a period of 2 years after the last of technology transfer that makes research grants under subsections (a) and (b), the Sec- day of the fiscal year for which the funds are results available to potential users in a form retary shall provide grants to New Mexico authorized. that can be implemented. State University, in collaboration with the ‘‘(8) AMOUNT OF GRANT.—For each of fiscal NMSU and OTC have applied their talents, Oklahoma Transportation Center, to estab- years 2004 through 2009, the Secretary shall tools and techniques to solving technological lish and operate a university transportation provide a grant in the amount of $3,000,000 to problems with bridges for over 30 years. Our center to be known as the ‘Southwest Bridge the institution specified in paragraph (1) to team is well established and maintains cut- Research Center’ (referred to in this sub- carry out this subsection. ting-edge expertise. Our team members are section as the ‘Center’). ‘‘(9) AUTHORIZATION OF APPROPRIATIONS.— recognized and respected at the national and ‘‘(2) PURPOSE.—The purpose of the Center There is authorized to be appropriated from international levels through major accom- shall be to contribute at a national level to the Highway Trust Fund (other than the plishments in bridge testing, monitoring and a systems approach to improving the overall Mass Transit Account) to carry out this sub- evaluation. performance of bridges, with an emphasis section $3,000,000 for each of fiscal years 2004 New Mexico State University has agreed to on— through 2009.’’. provide the administrative leadership for the ‘‘(A) increasing the number of highly BRC. The research activity of the BRC will skilled individuals entering the field of By Mr. KYL (for himself, Mr. be approximately equally divided between transportation; MCCAIN, Mr. DOMENICI, Mrs. New Mexico and Oklahoma. ‘‘(B) improving the monitoring of struc- FEINSTEIN, Mr. CORNYN, and Mr. By the signatures of the representatives of tural health over the life of bridges; SCHUMER): each institution, we pledge our support and ‘‘(C) developing innovative technologies for S. 412. A bill to amend the Balanced commitment to the partnership known as bridge testing and assessment; Budget Act of 1997 to extend and mod- the Bridge Research Center. ‘‘(D) developing technologies and proce- ify the reimbursement of State and GORMAN GILBERT, dures for ensuring bridge safety, reliability, local funds expended for emergency Civil and Environ- and security; and mental Engineering, ‘‘(E) providing training in the methods for health services furnished to undocu- Oklahoma State bridge inspection and evaluation. mented aliens; to the Committee on Fi- University. ‘‘(3) OBJECTIVES.—The Center shall carry nance. THOMAS L. LANDERS, out the following programs and activities: Mr. KYL. Mr. President, I ask unani- Associated Dean, Uni- ‘‘(A) Basic and applied research, the prod- mous consent that the text of the bill versity of Oklahoma. ucts of which shall be judged by peers or be printed in the RECORD.

VerDate Jan 31 2003 02:18 Feb 15, 2003 Jkt 019060 PO 00000 Frm 00101 Fmt 0624 Sfmt 0634 E:\CR\FM\A13FE6.212 S13PT2 S2492 CONGRESSIONAL RECORD — SENATE February 13, 2003 There being no objection, the bill was section (b) for a fiscal year, the Secretary qualify for a reallotment for a fiscal year ordered to be printed in the RECORD, as shall pay directly to local governments, hos- under that subparagraph. follows: pitals, or other providers located in the ‘‘(C) TREATMENT.—Any amount reallotted State (including providers of services re- under subparagraph (A) to a State is deemed S. 412 ceived through an Indian Health Service fa- to be part of its allotment under subsection Be it enacted by the Senate and House of Rep- cility whether operated by the Indian Health (b) for the fiscal year in which the reallot- resentatives of the United States of America in Service or by an Indian tribe or tribal orga- ment occurs. Congress assembled, nization) that provide uncompensated emer- ‘‘(e) DEFINITIONS.—In this section: SECTION 1. SHORT TITLE. gency health services furnished to undocu- ‘‘(1) HOSPITAL.—The term ‘hospital’ has the This Act may be cited as the ‘‘Local Emer- mented aliens during that fiscal year, and to meaning given such term in section 1861(e) of gency Health Services Reimbursement Act the State, such amounts (subject to the total the Social Security Act (42 U.S.C. 1395x(e)). of 2003’’. amount available from such allotments) as ‘‘(2) INDIAN TRIBE; TRIBAL ORGANIZATION.— SEC. 2. FEDERAL REIMBURSEMENT OF EMER- the local governments, hospitals, providers, The terms ‘Indian tribe’ and ‘tribal organiza- GENCY HEALTH SERVICES FUR- or State demonstrate were incurred for the tion’ have the meanings given such terms in NISHED TO UNDOCUMENTED provision of such services during that fiscal ALIENS. section 4 of the Indian Health Care Improve- Section 4723 of the Balanced Budget Act of year. ment Act. 1997 (8 U.S.C. 1611 note) is amended to read as ‘‘(2) LIMITATION ON STATE USE OF FUNDS.— ‘‘(3) PROVIDER.—The term ‘provider’ in- follows: Funds paid to a State from allotments made cludes a physician, any other health care under subsection (b) for a fiscal year may ‘‘SEC. 4723. FEDERAL REIMBURSEMENT OF EMER- professional licensed under State law, and GENCY HEALTH SERVICES FUR- only be used for making payments to local any other entity that furnishes emergency NISHED TO UNDOCUMENTED governments, hospitals, or other providers health services, including ambulance serv- ALIENS. for costs incurred in providing emergency ices. ‘‘(a) TOTAL AMOUNT AVAILABLE FOR ALLOT- health services to undocumented aliens or ‘‘(4) SECRETARY.—The term ‘Secretary’ MENT.—There is appropriated, out of any for State costs incurred with respect to the means the Secretary of Health and Human funds in the Treasury not otherwise appro- provision of emergency health services to Services. priated, $1,450,000,000 for each of fiscal years such aliens. ‘‘(5) STATE.—The term ‘State’ means the 50 2004 through 2008, for the purpose of making ‘‘(3) INCLUSION OF COSTS INCURRED WITH RE- States and the District of Columbia. allotments under this section to States de- SPECT TO CERTAIN ALIENS.—Uncompensated ‘‘(f) ENTITLEMENT.—This section con- scribed in paragraph (1) or (2) of subsection emergency health services furnished to stitutes budget authority in advance of ap- (b). Funds appropriated under the preceding aliens who have been allowed to enter the propriations Acts and represents the obliga- sentence shall remain available until ex- United States for the sole purpose of receiv- tion of the Federal Government to provide pended. ing emergency health services may be in- for the payment of amounts provided under ‘‘(b) STATE ALLOTMENTS.— cluded in the determination of costs incurred this section.’’. ‘‘(1) BASED ON PERCENTAGE OF UNDOCU- by a State, local government, hospital, or MENTED ALIENS.— other provider with respect to the provision By. Mr. NICKLES: ‘‘(A) IN GENERAL.—Out of the amount ap- of such services. S. 413. A bill to provide for the fair propriated under subsection (a) for each fis- ‘‘(d) APPLICATIONS; ADVANCE PAYMENTS; and efficient judicial consideration of cal year, the Secretary shall use $957,000,000 REALLOTMENT OF UNUSED FUNDS.— personal injury and wrongful death of such amount to make allotments for each ‘‘(1) DEADLINE FOR ESTABLISHMENT OF AP- claims arising out of asbestos exposure, such fiscal year in accordance with subpara- PLICATION PROCESS.— graph (B). ‘‘(A) IN GENERAL.—Not later than July 31, to ensure that individuals who suffer ‘‘(B) FORMULA.—The amount of the allot- 2003, the Secretary shall establish a process harm, now or in the future, from ill- ment for each State for a fiscal year shall be under which States, local governments, hos- nesses caused by exposure to asbestos equal to the product of— pitals, or other providers located in the receive compensation for their injuries, ‘‘(i) the total amount available for allot- State may apply for payments from allot- and for other purposes; to the Com- ments under this paragraph for the fiscal ments made under subsection (b) for a fiscal mittee on the Judiciary. year; and year for uncompensated emergency health Mr. NICKLES. Mr. President, I rise ‘‘(ii) the percentage of undocumented services furnished to undocumented aliens today to introduce a bill and to speak aliens residing in the State with respect to during that fiscal year. about a litigation crisis affecting both ‘‘(B) INCLUSION OF MEASURES TO COMBAT the total number of such aliens residing in the overall well-being of our nation and all States, as determined by the Statistics FRAUD.—The Secretary shall include in the Division of the Immigration and Naturaliza- process established under subparagraph (A) our ability to stimulate economic re- tion Service, as of January 2003, based on the measures to ensure that fraudulent pay- covery. I’m speaking of the out-of-con- 2000 decennial census. ments are not made from the allotments de- trol explosion of asbestos litigation. ‘‘(2) BASED ON NUMBER OF UNDOCUMENTED termined under subsection (b) or from Asbestos litigation has become a dis- ALIEN APPREHENSION STATES.— amounts reallotted under paragraph (3). ease in our economy. It threatens to ‘‘(A) IN GENERAL.—Out of the amount ap- ‘‘(2) ADVANCE PAYMENT; RETROSPECTIVE AD- drive scores of companies into bank- propriated under subsection (a) for a fiscal JUSTMENT.—The process established under ruptcy. It discourages investment in year, the Secretary shall use $493,000,000 of paragraph (1) shall allow for making pay- companies under suit. It drives stock such amount to make allotments for each ments under this section for each quarter of value down. It diverts funds away from a fiscal year on the basis of advance esti- such fiscal year for each of the 6 States with expansion and growth. It results in job the highest number of undocumented alien mates of expenditures submitted by appli- apprehensions for such fiscal year. cants for such payments and such other in- loss and, in short, it has become an ob- ‘‘(B) DETERMINATION OF ALLOTMENTS.—The vestigation as the Secretary may find nec- stacle to economic recovery. amount of the allotment for each State de- essary, and for making reductions or in- The cost of asbestos litigation and scribed in subparagraph (A) for a fiscal year creases in the payments as necessary to ad- burden on business has been dev- shall bear the same ratio to the total just for any overpayment or underpayment astating. Over 8,400 companies have amount available for allotments under this for prior quarters. been named as defendants in suits. At paragraph for the fiscal year as the ratio of ‘‘(3) REALLOTMENT OF UNUSED FUNDS.— least $54 billion has been paid on more the number of undocumented alien apprehen- ‘‘(A) IN GENERAL.—With respect to allot- than 6000,000 claims. U.S. Insurers have sions in the State in the fiscal year bears to ments made under subsection (b) for a fiscal paid over $22 billion. Insurers outside year, the amount of any allotment to a State the total of such numbers for all such States U.S. have paid $8–12. Defendant compa- for such fiscal year. for a fiscal year that the Secretary deter- ‘‘(C) DATA.—For purposes of this para- mines will not be expended during that fiscal nies have already expended between graph, the highest number of undocumented year or the succeeding fiscal year shall be $20–24 billion in claims and transaction alien apprehensions for a fiscal year shall be available for reallotment during the second costs associated with asbestos litiga- based on the 4 most recent quarterly appre- succeeding fiscal year, on such date as the tion. hension rates for undocumented aliens in Secretary may determine, to other States The total cost of asbestos litigation such States, as reported by the Immigration with allotments under that subsection that could reach between $200–265 billion. and Naturalization Service. the Secretary determines will use such ex- This is revenue not invested in the ‘‘(3) RULE OF CONSTRUCTION.—Nothing in cess amounts during that second succeeding economy, not invested in new jobs. this section shall be construed as prohibiting fiscal year. Some companies are hit with mul- ‘‘(B) DETERMINATION OF REALLOTMENTS.— a State that is described in both of para- tiple suits involving thousands of graphs (1) and (2) from receiving an allot- Reallotments under subparagraph (A) shall ment under both paragraphs for a fiscal year. be made in the same manner as allotments plaintiffs. The weight of claims and ‘‘(c) USE OF FUNDS.— are determined under paragraphs (1) and (2) settlements has resulted in an alarm- ‘‘(1) AUTHORITY TO MAKE PAYMENTS.—From of subsection (b) but only with respect to ing increase in Chapter 11 bank- the allotments made for a State under sub- those States that the Secretary determines ruptcies. Over sixty companies have

VerDate Jan 31 2003 23:53 Feb 14, 2003 Jkt 019060 PO 00000 Frm 00102 Fmt 0624 Sfmt 0634 E:\CR\FM\A13FE6.188 S13PT2 February 13, 2003 CONGRESSIONAL RECORD — SENATE S2493 filed Chapter 11 bankruptcy due to as- to non-injured claimants. As a result, Sec. 7. Miscellaneous provisions. bestos claims. This trend toward bank- this adversely affects the ability of Sec. 8. Effective date. ruptcy has had an alarming domino ef- truly injured plaintiffs to collect dam- SEC. 2. FINDINGS AND PURPOSES. (a) FINDINGS.—Congress finds that— fect. As companies declare Chapter 11 ages. Claimants with malignant inju- (1) asbestos is a mineral that was widely reorganization, the litigation burden ries are being lost in the stampede of used before the 1980s for insulation, fire- shifts to other defendant companies those not injured. There is not only proofing, and other purposes; only encouraging them to declare less money for those who really need (2) millions of American workers and oth- bankruptcy as well. it, the courts are swamped with a flood ers were significantly exposed to asbestos, At least 5 major companies have each of questionable claims. It is not sur- especially during and after World War II and spent more than $1 billion. Thirty- prising that the U.S. Supreme Court before the advent of regulation by the Occu- eight of the nations top 100 contractors has twice called out for Congress to pational Safety and Health Administration in the early 1970s; to the DoD are now asbestos defend- find a solution. (3) exposure to asbestos has been associ- ants. This crisis threatens to impact Congress must indeed act. We must ated with various types of cancer, including our national security industry at the find a solution that both protects the mesothelioma and lung cancer, and such worst possible time in our history. But economy and the legal rights of those nonmalignant conditions as asbestosis, pleu- it also prevents us from aggressively truly injured by asbestos or who will ral plaques, and diffuse pleural thickening; stimulating the economy. The bottom- develop asbestos-related injuries in the (4) the diseases caused by asbestos have la- line is: the cost of litigation and/or future. That is why today I introduce a tency periods of up to 40 years or more, but the most serious asbestos-related disease, bankruptcy siphons away critical busi- bill that will not only introduce cri- mesothelioma, is fatal within 1 to 2 years, ness revenue needed for growth and the teria to reassert some control over an and other related cancers are often fatal; creation of new jobs. What is fright- out-of-control litigation process, but (5) although the use of asbestos has dra- ening, is that only about half the num- will come to the assistance of those matically declined since 1980 and workplace ber of potential claimants have come truly injured and who need help. It is exposures have been regulated since 1971 by forward thus far. If left unchecked, we also intended to put a halt to the se- the Occupational Safety and Health Admin- have only seen the tip of this crisis. vere damage asbestos litigation has istration, past exposures will continue to re- It’s not only business that suffers. sult in significant death and disability from been wrecking on our economy, so that mesothelioma and other cancers well into Employees of defendant companies suf- we can get on with the process of eco- the 21st century; fer a great deal from a damaging ripple nomic recovery. (6) exposure to asbestos has created a flood effect. The Rand Institute of Civil Jus- My bill, entitled the Asbestos Claims of litigation targeting approximately 8,400 tice estimates that 100,000 jobs were Criteria and Compensation Act of 2003, defendant companies in Federal and State not created as a result of asbestos liti- establishes medical criteria that a courts that the United States Supreme Court gation. Bankruptcies related to asbes- claimant must meet prior to filing a has characterized as ‘‘an elephantine mass’’ tos litigation have led to 52,000–60,000 suit. It will also toll the statute of lim- of cases that ‘‘defies customary judicial ad- people losing their jobs, according to a ministration and calls for national legisla- itations, so that those who develop an tion,’’ Ortiz v. Fibreboard Corporation, 119 S. SEBAGO study. It is estimated that asbestos-related disease years down the Ct. 2295, 2302 (1999); each displaced worker will lose, on av- road will still retain their right of legal (7) the American Bar Association supports erage, $25,000–$50,000 in wages before action. It also will limit abusive venue enactment of Federal legislation that finding a job, or in reduced salary fol- shopping, but provides an exception of would— lowing finding a new job. venue choice for those terminally-ill (A) allow persons alleging non-malignant It does not stop there. Approximately and facing a shortened life expectancy. asbestos-related disease claims to file a 42 percent of displaced manufacturing cause of action in Federal or State court In conclusion, I believe this bill of- only if those persons meet the medical cri- workers participate in retraining pro- fers a reasonable approach to resolving teria in the ‘‘ABA Standard for Non-Malig- grams, costing about $2,000–$3,000 per this serious problem. I believe it offers nant Asbestos-Related Disease Claims’’ worker. Local communities also bear a solid bipartisan approach that many dated February 2003 or an appropriate simi- the brunt of job reductions due to as- of my colleagues on both sides of the lar medical standard; and bestos-related lay-offs. It is estimated aisle will come to support. If ever we (B) toll all applicable statutes of limita- that there have been between $.6 and hope to stimulate our economy into re- tions until such time as the medical criteria in such standard are met; $2.1 billion in additional indirect local covery and achieve sustained growth, costs and loss. On average, there are (8) asbestos personal injury litigation can we must also address and eliminate be unfair and inefficient, imposing a severe eight additional jobs lost locally for those factors that tend to drag the burden on litigants and taxpayers alike, in every initial job lost. Additional multi- economy in the opposite direction. As- most cases involving defendant companies plier effects include lowered property bestos litigation is one of those inhibi- that were never involved in the production of values, population decline and lost tors of the economy, and this bill is a asbestos; Federal and State tax revenue. good step toward recovery. I encourage (9) the extraordinary volume of nonmalig- Those employees fortunate enough my colleagues to lend their support to nant asbestos cases continues to strain Fed- eral and State courts, with over 200,000 cases not to lose their jobs in asbestos-re- this bill and I thank you, Mr. Presi- lated cut-backs, also suffer due to the pending and over 50,000 new cases filed each dent. I ask unanimous consent that the year; weakened position of their employer. text of the bill be printed in the (10) asbestos personal injury litigation has Studies show that reduced stock value RECORD. already contributed to the bankruptcy of in defendant companies results in a 25 There being no objection, the bill was more than 60 companies and the rate of as- percent reduction in employees’ 401(k) ordered to be printed in the RECORD, as bestos-driven bankruptcies is accelerating; plan value. The average worker loses, follows: (11) the vast majority of asbestos claims are filed by individuals who— on average $8,300 in pension devalu- S. 413 ation. (A) have been exposed to asbestos; Be it enacted by the Senate and House of Rep- (B) may have some physical sign of expo- This is a situation that has been ex- resentatives of the United States of America in ploited by the non-injured. Over 65 per- sure; and Congress assembled, (C) suffer no present asbestos-related im- cent of plaintiffs, estimates as high as SECTION 1. SHORT TITLE; TABLE OF CONTENTS. pairment; 90 percent, have no medical injury, but (a) SHORT TITLE.—This Act may be cited as (12) the cost of compensating exposed per- have filed suit on the basis that they the ‘‘Asbestos Claims Criteria and Com- sons who are not sick— ‘‘may’’ develop illness in the future. To pensation Act of 2003’’. (A) jeopardizes the ability of defendants to date, most claims have been paid to (b) TABLE OF CONTENTS.—The table of con- compensate people with cancer and other se- non-injured claimants. Some plaintiffs’ tents is as follows: rious asbestos-related diseases, now and in attorneys are signing up thousands of Sec. 1. Short title; table of contents. the future; and individual plaintiffs onto suits where Sec. 2. Findings and purposes. (B) strains the ability of courts to manage Sec. 3. Definitions. the deluge of cases involving nonimpaired there may be no evidence of injury or Sec. 4. Physical impairment. plaintiffs; no evidence of exposure to asbestos Sec. 5. Procedures; removal. (13) an estimated 50,000 to 60,000 workers products. The effect is that the largest Sec. 6. Statute of limitations; two-disease have lost their jobs as a direct result of as- portion of the claim pool is being paid rule. bestos litigation and related bankruptcies of

VerDate Jan 31 2003 00:03 Feb 15, 2003 Jkt 019060 PO 00000 Frm 00103 Fmt 0624 Sfmt 0634 E:\CR\FM\A13FE6.202 S13PT2 S2494 CONGRESSIONAL RECORD — SENATE February 13, 2003 defendant companies and each displaced under section 1910 of title 29 of the Code of ening’’ means a chest x-ray showing bilateral worker will, on average, lose between $25,000 Federal Regulations. pleural thickening of at least B2 on the ILO and $50,000 in lost wages; (3) ASBESTOS CLAIM.—The term ‘‘asbestos scale and blunting of at least 1 costophrenic (14) employees of defendant companies de- claim’’— angle. claring bankruptcy (who are often stock- (A) means any claim for damages or other (16) STATE.—The term ‘‘State’’ means any holders of those companies) will, on average, relief presented in a civil action or bank- State of the United States, the District of lose 25 percent of the value of their retire- ruptcy proceeding, arising out of, based on, Columbia, Commonwealth of Puerto Rico, ment investment under section 401(k) of the or related to the health effects of exposure to the Northern Mariana Islands, the Virgin Is- Internal Revenue Code of 1986 because of lost asbestos, including loss of consortium and lands, Guam, American Samoa, and any stock value; any other derivative claim made by or on be- other territory or possession of the United (15) concerns about statutes of limitations half of any exposed person or any representa- States or any political subdivision of any of can force claimants who have been exposed tive, spouse, parent, child or other relative the entities under this paragraph. to asbestos but who have no current injury of any exposed person; and (17) VETERANS’ BENEFITS PROGRAM.—The to bring premature lawsuits in order to pro- (B) does not include claims for benefits term ‘‘veterans’ benefits program’’ means tect against losing their rights to future under a workers’ compensation law or vet- any program for benefits in connection with compensation should those claimants be- erans’ benefits program, or claims brought military service administered by the Vet- come impaired; by any person as a subrogee by virtue of the erans’ Administration under title 38, United (16) consolidations, joinder, and similar payment of benefits under a workers’ com- States Code. procedures, to which some courts have re- pensation law. (18) WORKERS’ COMPENSATION LAW.—The sorted in order to deal with the mass of as- (4) ASBESTOSIS.—The term ‘‘asbestosis’’ term ‘‘workers’ compensation law’’— bestos cases, can undermine the appropriate means bilateral diffuse interstitial fibrosis of (A) means a law respecting a program ad- functioning of the judicial process and en- the lungs caused by inhalation of asbestos fi- ministered by a State or the United States courage the filing of thousands of cases by bers. to provide benefits, funded by a responsible exposed persons who are not yet sick and (5) CERTIFIED B-READER.—The term ‘‘cer- employer or an insurance carrier of that em- who may never become sick; tified B-reader’’ means an individual quali- ployer, for occupational diseases or injuries (17) the availability of sympathetic forums fied as a ‘‘final’’ or ‘‘B-reader’’ under section or for disability or death caused by occupa- in States with no connection to the plaintiff 37.51(b) of title 42 of the Code of Federal Reg- tional diseases or injuries; or to the exposures that form the basis of a ulations. (B) includes the Longshore and Harbor lawsuit has encouraged the filing of thou- (6) CIVIL ACTION.—The term ‘‘civil ac- Workers’ Compensation Act (33 U.S.C. 901 et sands of cases on behalf of exposed persons tion’’— seq.) and chapter 81 of title 5, United States who are not yet sick and may never become (A) means all suits of a civil nature in Fed- Code; and sick; eral or State court, whether cognizable as (C) does not include the Federal Employ- (18) asbestos litigation, if left unchecked cases at law or in equity or in admiralty; and er’s Liability Act (45 U.S.C. 51 et seq.). by reasonable congressional intervention, (B) does not include an action relating to SEC. 4. PHYSICAL IMPAIRMENT. will— any workers’ compensation law, or a pro- ceeding for benefits under any veterans’ ben- (A) continue to inhibit the economy and (a) IMPAIRMENT ESSENTIAL ELEMENT OF efits program. run counter to plans to stimulate economic CLAIM.—Physical impairment of the exposed (7) EXPOSED PERSON.—The term ‘‘exposed growth and the creation of new jobs; person, to which asbestos exposure was a person’’ means any person whose exposure to (B) threaten the savings, retirement bene- substantial contributing factor, shall be an asbestos or to asbestos-containing products fits, and employment of defendants’ current essential element of an asbestos claim. For is the basis for an asbestos claim. and retired employees; purposes of this section, cancer shall be pre- (8) FEV1.—The term ‘‘FEV1’’ means forced (C) affect adversely the communities in sumed to involve physical impairment. expiratory volume in the first second, which which these defendants operate; and (b) PRIMA FACIE EVIDENCE OF PHYSICAL IM- is the maximal volume of air expelled in 1 (D) impair interstate commerce and na- PAIRMENT.— second during performance of simple spiro- (1) IN GENERAL.—No person shall bring or tional initiatives, including national secu- metric tests. rity; and (9) FVC.—The term ‘‘FVC’’ means forced maintain a civil action alleging a nonmalig- (19) the public interest and the interest of vital capacity, which is the maximal volume nant asbestos claim in the absence of a interstate commerce requires deferring the of air expired with maximum effort from a prima facie showing of physical impairment claims of exposed persons who are not sick in position of full inspiration. as a result of a medical condition to which order to— exposure to asbestos was a substantial con- (10) ILO SCALE.—The term ‘‘ILO Scale’’ (A) preserve, now and for the future, de- means the system for the classification of tributing factor. fendants’ ability to compensate people who chest x-rays set forth in the International (2) REQUIREMENTS OF PRIMA FACIE SHOW- develop cancer and other serious asbestos-re- Labour Office’s Guidelines for the Use of ILO ING.—A prima facie showing under this sub- lated injuries; and International Classification of Radiographs section shall include all of the following (B) safeguard the jobs, benefits, and sav- of Pneumoconioses (1980) as amended by the minimum requirements: ings of American workers and the well-being International Labour Office. (A) PERMANENT RESPIRATORY IMPAIRMENT of the national economy. (11) NONMALIGNANT CONDITION.—The term RATING.—A determination by a qualified phy- (b) PURPOSES.—It is the purpose of this Act ‘‘nonmalignant condition’’ means any condi- sician, on the basis of a medical examination to— tion that is caused or may be caused by as- and pulmonary function testing, that the ex- (1) give priority to those asbestos claim- bestos other than a diagnosed cancer. posed person has a permanent respiratory ants who can demonstrate actual physical (12) PATHOLOGICAL EVIDENCE OF ASBES- impairment rating of at least Class 2 as de- harm or illness caused by asbestos; TOSIS.—The term ‘‘pathological evidence of fined by and evaluated under the AMA (2) fully preserve the rights of claimants asbestosis’’ means a statement by a Board- Guides to the Evaluation of Permanent Im- who were exposed to asbestos to pursue com- certified pathologist that— pairment. pensation should those claimants become (A) more than 1 representative section of (B) DIAGNOSIS.—A diagnosis by a qualified sick in the future; lung tissue uninvolved with any other dis- physician of asbestosis or diffuse pleural (3) enhance the ability of the Federal and ease process demonstrates a pattern of thickening, based at a minimum on patho- State judicial systems to supervise and con- peribronchiolar or parenchymal scarring in logical evidence of asbestosis, radiological trol asbestos litigation and asbestos-related the presence of characteristic asbestos bod- evidence of asbestosis, or radiological evi- bankruptcy proceedings; and ies; and dence of diffuse pleural thickening. (4) conserve the scarce resources of the de- (B) there is no other more likely expla- (C) SUBSTANTIAL CONTRIBUTING FACTOR.—A fendants, and marshal assets in bankruptcy, nation for the presence of the fibrosis. determination by a qualified physician that to allow compensation of cancer victims and (13) PREDICTED LOWER LIMIT OF NORMAL.— asbestosis or diffuse pleural thickening others who are physically harmed by expo- The term ‘‘predicted lower limit of normal’’ (rather than solely chronic obstructive pul- sure to asbestos while securing the right to for any test means the fifth percentile of monary disease) is a substantial contrib- similar compensation for those who may suf- healthy populations based on age, height, uting factor to the exposed person’s physical fer physical harm in the future. and gender, as referenced in the AMA Guides impairment, based at a minimum on a deter- SEC. 3. DEFINITIONS. to the Evaluation of Permanent Impairment. mination that the exposed person has ei- In this Act: (14) RADIOLOGICAL EVIDENCE OF ASBES- ther— (1) AMA GUIDES TO THE EVALUATION OF PER- TOSIS.—The term ‘‘radiological evidence of (i) a ratio of FEV1 to FVC that is equal to MANENT IMPAIRMENT.—The term ‘‘AMA asbestosis’’ means a chest x-ray showing or greater than the predicted lower limit of Guides to the Evaluation of Permanent Im- small, irregular opacities (s,t) graded by a normal; or pairment’’ means the American Medical As- certified B-reader as at least 1/1 on the ILO (ii) a chest x-ray showing small, irregular sociation’s Guides to the Evaluation of Per- scale. opacities (s,t) graded by a certified B-reader manent Impairment (Fifth Edition 2000). (15) RADIOLOGICAL EVIDENCE OF DIFFUSE at least 2/1 on the ILO scale. (2) ASBESTOS.—The term ‘‘asbestos’’ in- PLEURAL THICKENING.—The term ‘‘radio- (c) COMPLIANCE WITH TECHNICAL STAND- cludes all minerals defined as ‘‘asbestos’’ logical evidence of diffuse pleural thick- ARDS.—

VerDate Jan 31 2003 00:03 Feb 15, 2003 Jkt 019060 PO 00000 Frm 00104 Fmt 0624 Sfmt 0634 E:\CR\FM\A13FE6.204 S13PT2 February 13, 2003 CONGRESSIONAL RECORD — SENATE S2495

(1) IN GENERAL.—Evidence relating to phys- (B) the failure to dismiss by the State SEC. 2. The expenses of the committee for ical impairment under this section, includ- court lacked substantial support in the the period March 1, 2003, through September ing pulmonary function testing and diffusing record before the State court. 30, 2003, under this resolution shall not ex- studies, shall comply with— SEC. 6. STATUTE OF LIMITATIONS; TWO-DISEASE ceed $3,594,172. (A) the technical recommendations for ex- RULE. (b) For the period October 1, 2003, through aminations, testing procedures, quality as- (a) STATUTE OF LIMITATIONS.—Notwith- September 30, 2004, expenses of the com- surance and quality control, and equipment standing any other provision of law, with re- mittee under this resolution shall not exceed of the AMA Guides to the Evaluation of Per- spect to any nonmalignant asbestos claim $6,328,829. manent Impairment; or not barred on the effective date of this Act, (c) For the period October 1, 2004, through (B) if the AMA Guides to the Evaluation of the limitations period shall not begin to run February 28, 2005, expenses of the committee Permanent Impairment are not applicable, until the exposed person discovers, or under this resolution shall not exceed other authoritative standards. through the exercise of reasonable diligence $2,698,836. (2) ADJUSTMENTS.—No adjustments with re- should have discovered, that the exposed per- SEC. 3. The committee shall report its find- spect to pulmonary function testing shall be son is physically impaired by an asbestos-re- ings, together with such recommendations made on the basis of race. lated nonmalignant condition. for legislation as it deems advisable, to the (d) NO PRESUMPTION AT TRIAL.—Presen- (b) TWO-DISEASE RULE.—An asbestos claim Senate at the earliest practicable date, but tation of prima facie evidence of asbestos-re- arising out of a nonmalignant condition not later than February 28, 2005. lated impairment meeting the requirements shall be a distinct cause of action from an SEC. 4. The Committee on Armed Services of this section shall not result in any pre- asbestos claim relating to the same exposed is authorized from March 1, 2003, until other- sumption at trial that the exposed person is person arising out of asbestos-related cancer. wise provided by law, to expend not to ex- impaired by an asbestos-related condition, No damages shall be awarded for fear or risk ceed $10,000 each fiscal year to assist the and evidence that the exposed person made a of cancer in any civil action asserting only a Senate properly to discharge and coordinate prima facie showing of impairment shall not nonmalignant asbestos claim. its activities and responsibilities in connec- be admissible at trial. (c) GENERAL RELEASES FROM LIABILITY tion with participation in various inter- PROHIBITED.—No settlement of a nonmalig- SEC. 5. PROCEDURES; REMOVAL. parliamentary institutions and to facilitate nant asbestos claim concluded after the date (a) CONSOLIDATION.—A court may consoli- the interchange and reception in the United of enactment of this Act shall require, as a date for trial any number and type of asbes- States of members of foreign legislative bod- condition of settlement, release of any fu- tos claims with consent of all the parties. In ies and prominent officials of foreign govern- ture claim for asbestos-related cancer. the absence of such consent, the court may ments, foreign armed forces, and intergov- SEC. 7. MISCELLANEOUS PROVISIONS. consolidate for trial only asbestos claims re- ernmental organizations. (a) CONSTRUCTION WITH OTHER LAWS.—This lating to the same exposed person and mem- SEC. 5. Expenses of the committee under Act shall not be construed to— bers of the household of the exposed person. this resolution shall be paid from the contin- (1) affect the scope or operation of any (b) VENUE.— gent fund of the Senate upon vouchers ap- workers’ compensation law or veterans’ ben- (1) IN GENERAL.—A civil action asserting an proved by the chairman of the committee, efit program; asbestos claim may only be brought in the except that vouchers shall not be required (1) (2) affect the exclusive remedy or subroga- State of the plaintiff’s domicile or a State in for the disbursement of salaries of employees tion provisions of any such law; or which there occurred exposure to asbestos paid at an annual rate, or (2) for the pay- (3) authorize any lawsuit which is barred that is a substantial contributing factor to ment of telecommunications provided by the by any such provision of law. the physical impairment on which the claim Office of the Sergeant at Arms and Door- (b) CONSTITUTIONAL AUTHORITY.—The Con- is based. keeper, United States Senate, or (3) for the stitutional authority for this Act is con- payment of stationery supplies purchased (2) INAPPLICABILITY.—Paragraph (1) shall tained in Article I, section 8, clause 3 and Ar- not apply to a claim that— through the Keeper of the Stationery, United ticle III, section 1 of the Constitution of the States Senate, or (4) for payments to the (A) is based upon an exposed person’s can- United States. cer; and Postmaster, United States Senate, or (5) for SEC. 8. EFFECTIVE DATE. (B) is filed by an exposed person who is di- the payment of metered charges or copying This Act shall take effect on the date of agnosed with fatal mesothelioma or other as- equipment provided by the Office of the Ser- enactment of this Act and apply to any civil bestos-related cancer by a qualified physi- geant at Arms and Doorkeeper, United action asserting an asbestos claim in which cian, resulting in a short life expectancy of States Senate, or (6) for the payment of Sen- trial has not commenced as of that date. less than 3 years after the date on which the ate Recording and Photographic Services, or claim is filed. f (7) for payment of franked and mass mail (c) PRELIMINARY PROCEEDINGS.—The plain- costs by the Sergeant at Arms and Door- STATEMENTS ON SUBMITTED keeper, United States Senate. tiff in any civil action involving an asbestos RESOLUTIONS claim shall file with the complaint or other SEC. 6. There are authorized such sums as initial pleading a written report and sup- may be necessary for agency contributions related to the compensation of employees of porting test results constituting prima facie SENATE RESOLUTION 57—AUTHOR- evidence of the exposed person’s asbestos-re- the committee from March 1, 2003, through lated impairment meeting the requirements IZING EXPENDITURES BY THE September 30, 2003; October 1, 2003, through of section 4(b). The defendant shall be af- COMMITTEE ON ARMED SERV- September 30, 2004; and October 1, 2004 forded a reasonable opportunity to challenge ICES through February 28, 2005, to be paid from the adequacy of the proffered prima facie Mr. WARNER submitted the fol- the Appropriations account for ‘‘Expenses of Inquiries and Investigations.’’ evidence of asbestos-related impairment. lowing resolution; from the Committee The plaintiff’s claim shall be dismissed with- on Armed Services; which was referred out prejudice upon a finding of failure to SENATE RESOLUTION 58—EX- make the required prima facie showing. to the Committee on Rules and Admin- istration: PRESSING THE SENSE OF THE (d) REMOVAL.— SENATE THAT THE PRESIDENT S. RES. 57 (1) IN GENERAL.—If a State court refuses or SHOULD DESIGNATE THE WEEK fails to apply this section, any party in a Resolved, That, in carrying out its powers, civil action for an asbestos claim may re- duties, and functions under the Standing BEGINNING JUNE 1, 2003, AS ‘‘NA- move such action to a district court of the Rules of the Senate, in accordance with its TIONAL CITIZEN SOLDIER WEEK’’ United States in accordance with chapter 89 jurisdiction under rule XXV of such rules, in- Mr. ALLEN submitted the following of title 28, United States Code. cluding holding hearings, reporting such resolution; which was referred to the (2) JURISDICTION OVER REMOVED ACTIONS.— hearings, and making investigations as au- Committee on the Judiciary: The district courts of the United States shall thorized by paragraphs 1 and 8 of rule XXVI have jurisdiction of all civil actions removed of the Standing Rules of the Senate, the S. RES. 58 under this subsection, without regard to the Committee on Armed Services is authorized Whereas members of the National Guard amount in controversy and without regard to from March 1, 2003, through September 30, and the other reserve components of the the citizenship or residence of the parties. 2003; October 1, 2003, through September 30, Armed Forces perform a vital role in the de- (3) REMOVAL BY ANY DEFENDANT.—A civil 2004; and October 1, 2004, through February fense of the United States; action may be removed to the district court 28, 2005, in its discretion (1) to make expendi- Whereas members of the National Guard of the United States under this subsection by tures from the contingent fund of the Sen- and the other reserve components of the any defendant without the consent of all de- ate, (2) to employ personnel, and (3) with the Armed Forces make significant personal sac- fendants. prior consent of the Government department rifices in performing military service when (4) REMAND.—The district court shall re- or agency concerned and the Committee on called to active duty; and mand any civil action removed solely under Rules and Administration, to use on a reim- Whereas there are over 100,000 members of this subsection, unless the court finds that— bursable or non-reimbursable basis the serv- the National Guard and the other reserve (A) the State court failed to comply with ices of personnel of any such department or components of the Armed Forces serving on procedures prescribed by law; or agency. active duty: Now, therefore, be it

VerDate Jan 31 2003 00:03 Feb 15, 2003 Jkt 019060 PO 00000 Frm 00105 Fmt 0624 Sfmt 0634 E:\CR\FM\A13FE6.204 S13PT2 S2496 CONGRESSIONAL RECORD — SENATE February 13, 2003 Resolved, SENATE CONCURRENT RESOLU- (1) expresses its support for the work of all SECTION 1. DESIGNATION OF NATIONAL CITIZEN TION 5—EXPRESSING THE SUP- the Federal, State, and local entities, and SOLDIER WEEK. PORT FOR THE CELEBRATION IN the work of all interested groups that are preparing sesquicentennial activities to cele- (a) SENSE OF THE SENATE.—It is the sense 2004 OF THE 150TH ANNIVERSARY of the Senate that the President should des- brate the 150th anniversary of the Grand Ex- OF THE GRAND EXCURSION OF cursion of 1854; ignate the week beginning June 1, 2003, as 1854 ‘‘National Citizen Soldier Week’’. (2) expresses its support for the events to be held in observance of the Grand Excursion (b) PROCLAMATION.—The Senate requests Mr. GRASSLEY (for himself, Mr. of 1854 in Chicago, Rock Island, Moline, and the President to issue a proclamation— DURBIN, Mr. KOHL, Mr. COLEMAN, Mr. Galena, Illinois, in Davenport, Clinton, and (1) designating the week beginning June 1, FEINGOLD, and Mr. HARKIN) submitted Dubuque, Iowa, in Prairie du Chien and La 2003, as ‘‘National Citizen Soldier Week’’; the following concurrent resolution; Crosse, Wisconsin, in Wabasha, Winona, Red and which was referred to the Committee Wing, Saint Paul, and Minneapolis, Min- (2) calling on the people of the United on the Judiciary: nesota, and in many other communities dur- States to observe the week with appropriate ing the sesquicentennial observance; and ceremonies and activities. S. CON. RES. 5 Whereas reaching the shores of the Mis- (3) calls on the President of the United sissippi River represented a major milestone States, the Secretary of Education, the Sec- for the westward expansion of the system of retary of the Interior, the Secretary of De- SENATE RESOLUTION 59—CON- railroad infrastructure that began on the fense, the Assistant Secretary of the Army, GRATULATING THE UNIVERSITY East Coast in the 1830s; the Director of the National Park Service, OF PORTLAND WOMEN’S SOCCER Whereas in 1854 the Chicago and Rock Is- the Director of the United States Fish and TEAM FOR WINNING THE 2002 land Railroad became the first railroad to Wildlife Service, other public officials, and NCAA DIVISION I NATIONAL reach the Mississippi River and that achieve- the citizens of the United States to support, promote, and participate in the many sesqui- CHAMPIONSHIP ment was celebrated with a combined rail- road and riverboat trip known as the ‘‘Grand centennial activities being planned to com- Mr. WYDEN (for himself and Mr. Excursion of 1854’’; memorate the Grand Excursion of 1854. SMITH) submitted the following resolu- Whereas the Grand Excursion of 1854 began Mr. GRASSLEY. Mr. President, I am tion; which was considered and agreed in Chicago with a gathering of more than pleased to submit a resolution, with to: 1,000 dignitaries from professions encom- my colleagues representing the Upper passing the fields of government, education, Mississippi River, expressing our sup- S. RES. 59 business, journalism, and the arts, and in- port for the celebration in 2004 of the Whereas, on December 8, 2002, the Univer- cluded most prominently former United 150th Anniversary of the Grand Excur- sity of Portland women’s soccer team cap- States President Millard Fillmore; sion. tured its first ever undisputed collegiate na- Whereas the excursion party of 1854 trav- In 1854, the Chicago and Rock Island tional soccer championship; eled from Chicago, Illinois, to Rock Island, Railroad became the first railroad to Whereas the 2002 National Collegiate Ath- Illinois, by train and then proceeded by boat letic Association Division I title is the first from Rock Island to the present-day twin reach from the East Coast to the Mis- championship in any sport for the University cities of Minneapolis, Minnesota, and St. sissippi River. To celebrate, Henry of Portland; Paul, Minnesota; Farnam, a contractor for the railroad, Whereas the University of Portland Pilots’ Whereas the Grand Excursion of 1854 is organized an excursion for friends, fam- 20–4–1 record in 2002 tied the record for wins credited both with bringing the upper Mis- ily, and stockholders. Word about this in a season in University of Portland wom- sissippi Valley into the national spotlight event spread quickly and a group of en’s soccer history; and with solidifying Chicago’s role as a 1,200 people, including former President Whereas head coach Clive Charles, the Uni- major transportation hub; Millard Fillmore, traveled by steam- versity of Portland director of women’s and Whereas communities located on the 419 boat from Rock Island, IL to St. Paul, men’s soccer, has successfully built a nation- mile stretch between Rock Island and Min- ally recognized collegiate soccer program, MN. neapolis are investing more than This grand excursion turned into an leading the University of Portland women’s $5,000,000,000 in recreational, commercial, and men’s teams to a collective 12 con- and environmental improvements to prepare opportunity to show influential per- ference championships and 16 NCAA playoff for the celebration of the Grand Excursion in sons of the day the remarkable beauty, berths and producing players for the United 2004; numerous resources, and the unlimited States National and Olympic teams; Whereas an educational program in Illi- opportunities that the Mississippi Whereas, on the way to the national cham- nois, Iowa, Wisconsin, and Minnesota will River and the West could provide. This pionship, the Pilots defeated 7 nationally bring the history of the Mississippi River to excursion brought millions of dollars of ranked opponents, which included a 2–1 title life for thousands of students from kinder- investment to the area and positioned game triumph over the reigning champion, garten through 12th grade and will focus on the Upper Mississippi region as a domi- Santa Clara University; the recreational, environmental, and com- nant force in the development of the Whereas the Pilots, the tournament’s num- mercial importance of the river; ber 8 seed, now hold the record as the lowest- nation in the 19th century. Whereas the Grand Excursion celebration Once again, the Grand Excursion is seeded team to win the national title in the of 2004 will establish a series of permanent women’s national championship 21-year his- exhibits throughout the upper Mississippi an opportunity to highlight the rec- tory; River, recognizing the achievements of the reational, commercial, and environ- Whereas sophomore Christine Sinclair set many communities and celebrating the his- mental opportunities the river pro- an NCAA tournament record with 21 points tory of the Mississippi River; vides, as well as celebrate the renais- on 10 goals and 1 assist; Whereas the Grand Excursion, through its sance of the Upper Mississippi River re- Whereas each player, coach, trainer, and local, regional, national, and international gion. Over 50 communities, 23 regional manager dedicated time and effort to ensur- marketing programs and initiatives, will organizations, and 4 states are joining ing that the Pilots reached the pinnacle of communicate to the world the incredible at- together to make this celebration a re- team achievement; and tributes of the upper Mississippi River and ality. Whereas the students, alumni, faculty, and will invite hundreds of thousands of visitors supporters of the University of Portland are For the past 10–15 years, commu- to the region to celebrate; nities in Iowa, Wisconsin, and Min- to be congratulated for their commitment Whereas the National Park Service, along and pride in the Pilots’ women’s soccer pro- with other Federal, State, and local agencies nesota have been working together to gram: Now, therefore, be it and many other interested groups, is pre- reclaim their relationship with the Resolved, That the Senate— paring activities to celebrate the sesqui- Mississippi River and reestablish vi- (1) congratulates the University of Port- centennial of the Grand Excursion in 2004, to brant riverfront communities. Plan- land women’s soccer team for winning the educate local residents and visitors about ning for the celebration has been a cat- 2002 NCAA Division I national championship the attributes of the river, and to commemo- alyst for over $5 billion in capital im- and recognizes the achievements of all the rate the occasion by establishing future tra- provements and environmental initia- players, coaches, and support staff who were ditions that will improve community con- tives along the river. instrumental in this accomplishment; and nections to the river; and In Iowa, communities such as the (2) directs the Secretary of the Senate to Whereas Grand Excursion, Inc. is orga- Quad Cities, Dubuque, and Clinton make available copies of this resolution to nizing and coordinating the celebration in the University of Portland for appropriate 2004 of the 150th anniversary of the Grand have all rallied together to make their display and to transmit a copy of the resolu- Excursion of 1854: Now, therefore, be it riverfronts engines for economic devel- tion to each coach and member of the 2002 Resolved by the Senate (the House of Rep- opment. The Quad Cities are the kick- University of Portland women’s soccer team. resentatives concurring), That Congress— off site for the Grand Flotilla taking

VerDate Jan 31 2003 00:03 Feb 15, 2003 Jkt 019060 PO 00000 Frm 00106 Fmt 0624 Sfmt 0634 E:\CR\FM\A13FE6.190 S13PT2 February 13, 2003 CONGRESSIONAL RECORD — SENATE S2497 place in June of 2004. Dubuque is the tions toward destroying racial divisions, and General James spent a life-time in home of the National Mississippi River his status as a role model for Americans of service to his country and curing her of Museum and Aquarium, as well as the all ethnic and racial backgrounds: Now, her weakness and ills. We should aspire therefore, be it to the same and continue his fight for home dock of the Audubon Ark. All of Resolved by the Senate (the House of Rep- the participating Iowa cities have wel- resentatives concurring), That— equality. coming marinas, main streets, and fun (1) it is the sense of Congress that a post- To commemorate General James’ events planned for the celebration. I age stamp should be issued by the United life, I am submitting a resolution, am honored to be a partner with these States Postal Service in honor of General today, to create a postage stamp in his dynamic communities. Daniel ‘‘Chappie’’ James; and honor. I hope my colleagues will sup- Through the Grand Excursion 2004, (2) Congress directs the Secretary of the port this measure and join me paying hundreds of thousands of citizens will Senate to transmit a copy of this concurrent tribute to a great American. experience America’s River, a match- resolution to the Postmaster General and less national treasure, through commu- the Citizens’ Stamp Advisory Committee. SENATE CONCURRENT RESOLU- Ms. LANDRIEU. Madam President, I nity festivities, educational events, en- TION 7—EXPRESSING THE SENSE rise today in celebration of Black His- hanced recreation opportunities, and OF CONGRESS THAT THE SHARP tory Month and a true American hero, cultural programs. Those who are un- ESCALATION OF ANTI-SEMITIC General Daniel ‘‘Chappie’’ James, Jr. able to participate first-hand in the VIOLENCE WITHIN MANY PAR- To commemorate Daniel ‘‘Chappie’’ celebrations will be able to experience TICIPATING STATES OF THE OR- James’ life, I submit a resolution, the excitement through a first-class GANIZATION FOR SECURITY AND today, to create a postage stamp in his website and educational Exploration COOPERATION IN EUROPE (OSCE) honor. General James was a patriot for Trunks that will be provided with cur- IS OF PROFOUND CONCERN AND his country and broke down racial riculum to classrooms around the EFFORTS SHOULD BE UNDER- walls in the Armed Forces for all peo- TAKEN TO PREVENT FUTURE OC- country. ple of color. Not only was General I hope that you will join me in sup- CURRENCES James the first African American four- porting this resolution of America’s star general in the Air Force, but he Mr. CAMPBELL (for himself, Mr. celebration of the Upper Mississippi was the first African American four- SMITH, and Mrs. CLINTON) submitted River: Grand Excursion 2004. star general in any service. Regret- the following concurrent resolution; tably, too few Americans know of his which was referred to the Committee SENATE CONCURRENT RESOLU- heroism and contributions to the on Foreign Relations: TION 6—EXPRESSING THE SENSE United States. S. CON. RES. 7 OF CONGRESS THAT A COM- General James dedicated his career Whereas the expressions of anti-Semitism MEMORATIVE POSTAGE STAMP to the defense of the United States and experienced throughout the region encom- SHOULD BE ISSUED IN HONOR improving the plight of Blacks in the passing the participating States of the Orga- OF DANIEL ‘‘CHAPPIE’’ JAMES, military. ‘‘Chappie’’ James learned to nization for Security and Cooperation in Eu- rope (OSCE) have included physical assaults, THE NATION’S FIRST AFRICAN- fly as a student at the Tuskegee Insti- AMERICAN FOUR-STAR GENERAL with some instances involving weapons or tute in Alabama. In 1943 he was com- stones, arson of synagogues, and desecration Ms. LANDRIEU submitted the fol- missioned in the segregated U.S. Army of Jewish cultural sites, such as cemeteries lowing concurrent resolution; which Air Corps. He was a member and train- and statues; was referred to the Committee on Gov- er of the famed Tuskegee Airmen. Due Whereas vicious propaganda and violence ernmental Affairs: to harsh prejudice, White officers in many OSCE States against Jews, for- eigners, and others portrayed as alien have S. CON. RES. 6 doubted Blacks could be competent pi- lots, but the Tuskegee Airmen an- reached alarming levels, in part due to the Whereas General Daniel ‘‘Chappie’’ James dangerous promotion of aggressive nation- was a dedicated patriot fighting to defend swered all critics by remarkably exe- alism by political figures and others; the United States against foreign enemies cuting over 200 dangerous escort mis- Whereas violence and other manifestations while breaching the walls of segregation that sions for American bombers during of xenophobia and discrimination can never existed at the time within the United States World War II without losing a single be justified by political issues or inter- Armed Forces; bomber. Following World War II, Gen- national developments; Whereas General James learned to fly eral James flew 179 fighter missions Whereas the Copenhagen Concluding Docu- while attending the Tuskegee Institute in ment adopted by the OSCE in 1990 was the Tuskegee, Alabama; over Korea and North Vietnam. He commanded the Bolo MiG sweep over first international agreement to condemn Whereas General James was commissioned anti-Semitic acts, and the OSCE partici- in the United States Army Air Corps in Jan- North Vietnam which destroyed seven pating States pledged to ‘‘clearly and un- uary 1943; North Vietnamese MiG–21s—the high- equivocally condemn totalitarianism, racial Whereas General James was a member and est total kill of any one Air Force mis- and ethnic hatred, anti-Semitism, xeno- trainer of the famed Tuskegee Airmen, the sion during the Vietnam War. phobia, and discrimination against anyone all-black fighter squadron that successfully Throughout his life in the Air Force, as well as persecution on religious and ideo- executed over 200 dangerous missions escort- Chappie James continued to break the logical grounds’’; ing American bombers over Europe in World color barrier. It was not an easy task, Whereas the OSCE Parliamentary Assem- War II without losing a single bomber; as it was fraught with road blocks. bly at its meeting in Berlin in July 2002, Whereas General James bravely flew 101 unanimously adopted a resolution that, combat missions over Korea; Nevertheless, General James pressed among other things, called upon partici- Whereas General James courageously and on to become a Brigadier General and pating States to ensure aggressive law en- valiantly flew 78 missions into North Viet- the Deputy Assistant Secretary of De- forcement by local and national authorities, nam, including leading the Bolo MiG sweep fense for Public Affairs in 1970. In 1975, including thorough investigation of anti-Se- which destroyed seven North Vietnamese Daniel James achieved the rank of mitic criminal acts, apprehension of per- MiG-21s, the highest total kill of any one Air General and was named chief-of-staff of petrators, initiation of appropriate criminal Force mission during the Vietnam War; the North American Aerospace Defense prosecutions, and judicial proceedings; Whereas General James, as a brigadier gen- Whereas Decision No. 6 adopted by the eral, was named Deputy Assistant Secretary Command. OSCE Ministerial Council at its Tenth Meet- of Defense for Public Affairs in 1970; General James never forgot the ing held in Porto, Portugal in December 2002 Whereas General James was promoted to struggles he faced as a Black man in (the ‘‘Porto Ministerial Declaration’’) con- the rank of General and Commander-in-Chief the United States military, but his demned ‘‘the recent increase in anti-Semitic of the North American Aerospace Defense love for America never wavered. Gen- incidents in the OSCE area, recognizing the Command (NORAD) in 1975 to become the eral James sought to right the wrongs role that the existence of anti-Semitism has first African-American four-star general in he encountered, not run from them. In played throughout history as a major threat any of the United States Armed Forces; and summation of his 35 years in the Air to freedom’’; Whereas the issuance of a postage stamp Corps and Air Force, he said, ‘‘I’ve Whereas the Porto Ministerial Declaration recognizing General James’ service and com- also urged ‘‘the convening of separately des- mitment to the United States as well as fought in three wars and three more ignated human dimension events on issues equality for all Americans will broaden the wouldn’t be too many to defend my addressed in this decision, including on the Nation’s knowledge of his achievements and country. I love America and as she has topics of anti-Semitism, discrimination and those of the Tuskegee Airmen, his contribu- weaknesses or ills, I’ll hold her hand.’’ racism, and xenophobia’’; and

VerDate Jan 31 2003 00:03 Feb 15, 2003 Jkt 019060 PO 00000 Frm 00107 Fmt 0624 Sfmt 0634 E:\CR\FM\A13FE6.215 S13PT2 S2498 CONGRESSIONAL RECORD — SENATE February 13, 2003 Whereas on December 10, 2002, at the Wash- bat the evil of anti-Semitism. Attacks Pueblo of San Ildefonso in the State of ington Parliamentary Forum on Confronting on members of the Jewish community New Mexico; S. 32, a bill to establish and Combating anti-Semitism in the OSCE and their institutions have ranged Institutes to conduct research on the Region, representatives of the United States from shootings, fire bombings, and prevention of, and restoration from, Congress and the German Parliament agreed to denounce all forms of anti-Semitism and physical assaults in places as different wildfires in forest and woodland eco- agreed that ‘‘anti-Semitic bigotry must have as London, Paris, Berlin and Kiev. Van- systems of the interior West; S. 203, a no place in our democratic societies’’: Now, dals have struck in Brussels, Mar- bill to open certain withdrawn land in therefore, be it seilles, Bratislava, and Athens. Anti- Big Horn County, Wyoming, to Resolved by the Senate (the House of Rep- Semitic propaganda has been spread in locatable mineral development for ben- resentatives concurring), That it is the sense Moscow, Minsk and elsewhere as tonite mining; S. 278, a bill to make of Congress that— hatemongers have tapped into tech- certain adjustments to the boundaries (1) officials of the executive branch and Members of Congress should raise the issue nology, including the internet, to of the Mount Naomi Wilderness Area, of anti-Semitism in their bilateral contacts spread their venom. Yet while we wit- and for other purposes. with other countries and at multilateral nessed a significant rise in violence Because of the limited time available fora, including meetings of the Permanent last year in Europe, acts of vandalism for the hearings, witnesses may testify Council of the Organization for Security and have also occurred in the United by invitation only. However, those Cooperation in Europe (OSCE) and the States, so with encouraging our col- wishing to submit written testimony Twelfth Annual Session of the OSCE Par- leagues in other parliaments to act, we for the hearing record should send two liamentary Assembly to be convened in July must be mindful that no country is im- 2003; copies of their testimony to the Com- (2) participating States of the OSCE should mune. mittee on Energy and Natural Re- unequivocally condemn anti-Semitism (in- As OSCE participating States, all sources, United States Senate, SD–364, cluding violence against Jews and Jewish member nations, including the United Washington, D.C. 20510–6150. cultural sites), racial and ethnic hatred, xen- States, have pledged to unequivocally For further information, please con- ophobia, and discrimination, as well as per- condemn anti-Semitism and take effec- tact: Dick Bouts (202–224–7545) or Jared secution on religious grounds whenever it oc- tive measures to protect individuals Stubbs (202–224–7556). curs; from anti-Semitic violence. Through (3) participating States of the OSCE should the OSCE, which was the first multi- ensure effective law enforcement by local f and national authorities to prevent and lateral institution to speak out against counter criminal acts stemming from anti- anti-Semitism, all of today’s member states share in that heritage. Thank- AUTHORITY FOR COMMITTEES TO Semitism, xenophobia, or racial or ethnic MEET hatred, whether directed at individuals, com- fully, many OSCE states that I men- munities, or property, including maintaining tioned have responded appropriately, COMMITTEE ON ARMED SERVICES mechanisms for the thorough investigation vigorously investigating the perpetra- Mr. SANTORIUM. Mr. President, I and prosecution of such acts; tors and pursuing criminal prosecu- ask unanimous consent that the Com- (4) participating States of the OSCE should tion. In short, manifestations of anti- promote the creation of educational efforts mittee on Armed Services be author- throughout the region encompassing the par- Semitism must not be tolerated, pe- ized to meet during the session of the ticipating States of the OSCE to counter riod, regardless of the source. Senate on Thursday, February 13, 2003, anti-Semitic stereotypes and attitudes As Co-Chairman of the Commission at 9:30 a.m., in open session to receive among younger people, increase Holocaust on Security and Cooperation in Europe, testimony on the defense authorization awareness programs, and help identify the I can report that the OSCE Proto Min- request for fiscal year 2004 and the fu- necessary resources to accomplish this goal; isterial Council, through the persistent ture years defense program. (5) legislators in all OSCE participating efforts of the United States, addresses The PRESIDING OFFICER. Without States should play a leading role in com- the phenomenon of anti-Semitism and objection, it is so ordered. bating anti-Semitism and ensure that the called for the convening of a meeting resolution adopted at the 2002 meeting of the specifically focused on this timely COMMITTEE ON COMMERCE, SCIENCE, AND OSCE Parliamentary Assembly in Berlin is TRANSPORTATION followed up by a series of concrete actions at issue. I introduce this resolution to put the national level; and the United States Senate on record and Mr. SANTORIUM. Mr. President, I (6) the OSCE should organize a separately send an unequivocal message that anit- ask unanimous consent that the Com- designated human dimension event on anti- Semitism must be confronted, and it mittee on Commerce, Science, and Semitism as early as possible in 2003, con- must be confronted now. If anti-Semi- Transportation be authorized to meet sistent with the Porto Ministerial Declara- tism is ignored and allowed to grow, on Thursday, February 13, 2003, at 9:30 tion adopted by the OSCE at the Tenth our societies and our civilizations will a.m. on USOC reforms. Meeting of the OSCE Ministerial Council in The PRESIDING OFFICER. Without December 2002. suffer. As the resolution sets forth, Mr. CAMPBELL. Mr. President, I am elected and appointed leaders should objection, it is so ordered. pleased to submit Senate Concurrent meet the challenge of anti-Semitic vio- COMMITTEE ON COMMERCE, SCIENCE, AND Resolution 7, expressing the sense and lence through public condemnation, TRANSPORTATION concern of the Congress regarding the making clear their societies have no Mr. SANTORIUM. Mr. President, I recent spike in anti-Semitic violence room for such attacks against members ask unanimous consent that the Com- that occurred in many participating of the Jewish community of their insti- mittee on Commerce, Science, and States of the 55-nation Organization tutions. Transportation be authorized to meet for Security and Cooperation in Eu- f on Thursday, February 13, 2003, at 2:30 rope, OSCE. It is incumbent upon us to NOTICES OF HEARINGS/MEETINGS p.m. on infrastructure needs of minor- send a clear message that these mali- ity serving institutions. SUBCOMMITTEE ON PUBLIC LANDS AND FORESTS cious acts are a serious concern to the The PRESIDING OFFICER. Without Mr. CRAIG. Mr. President, I would United States Senate and American objection, it is so ordered. people and that we will not be silent in like to announce for the information of the face of this disturbing trend. the Senate and the public that the fol- COMMITTEE ON ENERGY AND NATURAL RESOURCES The anti-Semitic violence we wit- lowing hearing has been scheduled be- nessed in 2002, which stretched the fore the Committee on Energy and Nat- Mr. SANTORIUM. Mr. President, I width and breadth of the OSCE region, ural Resources. ask unanimous consent that the Com- is a wake-up call that this old evil still The hearing will be held on Thurs- mittee on Energy and Natural Re- lives today. Coupled with a resurgence day, February 27 at 3:00 p.m. in Room sources be authorized to meet during of aggressive nationalism and an in- SD–366. the session of the Senate on Thursday, crease in neo-Nazi ‘‘skin head’’ activ- The purpose of this hearing is to re- February 13 at 10:00 a.m. to consider ity, myself, and other Commissioners ceive testimony on S. 246, a bill to pro- the President’s proposed FY 2004 Budg- on the Helsinki Commission, have dili- vide that certain Bureau of Land Man- et for the Forest Service. gently urged the leaders of OSCE par- agement land shall be held in trust for The PRESIDING OFFICER. Without ticipating States to confront and com- the Pueblo of Santa Clara and the objection, it is so ordered.

VerDate Jan 31 2003 02:18 Feb 15, 2003 Jkt 019060 PO 00000 Frm 00108 Fmt 0624 Sfmt 0634 E:\CR\FM\A13FE6.207 S13PT2 February 13, 2003 CONGRESSIONAL RECORD — SENATE S2499 COMMITTEE ON ENERGY AND NATURAL CONDITIONAL RECESS OR AD- laid upon the table, the President be RESOURCES JOURNMENT OF THE HOUSE AND immediately notified of the Senate’s Mr. SANTORIUM. Mr. President, I SENATE action, any statements relating to the ask unanimous consent that the Com- Mr. FRIST. Madam President, I ask nominations be printed in the RECORD, mittee on Energy and Natural Re- unanimous consent that the Senate and that the Senate then resume legis- sources be authorized to meet during proceed to the immediate consider- lative session, with all of the above oc- the session of the Senate on Thursday, ation of H. Con. Res. 41, which is at the curring en bloc. February 13 at 2:30 p.m. to receive tes- The PRESIDING OFFICER. Without desk. timony regarding oil supply and prices. objection, it is so ordered. The PRESIDING OFFICER. The The PRESIDING OFFICER. Without The nominations were considered and clerk will report the concurrent resolu- objection, it is so ordered. confirmed en bloc, as follows: tion by title. SECURITIES AND EXCHANGE COMMISSION COMMITTEE ON FINANCE The legislative clerk read as follows: Mr. SANTORIUM. Mr. President, I William H. Donaldson, of New York, to be A concurrent resolution (H. Con. Res. 41) a Member of the Securities and Exchange ask unanimous consent that the Com- providing for a conditional adjournment of mittee on Finance be authorized to Commission for the remainder of the term the House of Representatives and a condi- expiring June 5, 2007. meet during the session on Thursday, tional recess or adjournment of the Senate. NOMINATIONS PLACED ON THE SECRETARY’S February 13, 2003, at 10:00 a.m., to hear There being no objection, the Senate DESK testimony on Enron: The Joint Com- proceeded to consider the concurrent FOREIGN SERVICE C–PN mittee on Taxation’s Investigative Re- resolution. PN199 Foreign Service nominations (157) port. Mr. FRIST. Madam President, I ask beginning Russell J. Nicely, and ending The PRESIDING OFFICER. Without unanimous consent that the concur- George Adams Moore, Jr., which nomina- objection, it is so ordered. rent resolution be agreed to, and the tions were received by the Senate and ap- COMMITTEE ON RULES AND ADMINISTRATION motion to reconsider be laid upon the peared in the Congressional Record of Janu- ary 15, 2003 Mr. SANTORIUM. Mr. President, I table. ask unanimous consent that the Com- PN200 Foreign Service nominations (243) The PRESIDING OFFICER. Without beginning Nicholas R. Kuchova, and ending mittee on Rules and Administration be objection, it is so ordered. Richard W. Johnston, which nominations authorized to meet during the session The concurrent resolution (H. Con. were received by the Senate and appeared in of the Senate on Thursday, February Res. 41) was agreed to, as follows: the Congressional Record of January 15, 2003 13, 2003, at 10:30 a.m., to conduct its or- NOMINATION OF WILLIAM H. DONALDSON H. CON. RES. 41 ganization meeting and to conduct a Mr. SARBANES. Madam President, I hearing on those Senate Committees Resolved by the House of Representatives (the Senate concurring), That when the House ad- rise to express my support for the nom- that have presented budgets above journs on the legislative day of Thursday, ination of William H. Donaldson to be guidelines for the 108th Congress. February 13, 2003, or Friday, February 14, the Chairman of the United States Se- The PRESIDING OFFICER. Without 2003, on a motion offered pursuant to this curities and Exchange Commission. objection, it is so ordered. concurrent resolution by its Majority Leader In my view, Mr. Donaldson will bring SUBCOMMITTEE ON CLEAN AIR, CLIMATE CHANGE or his designee, it stand adjourned until 2 considerable relevant experience to the AND NUCLEAR SAFETY p.m. on Tuesday, February 25, 2003, or until position of SEC Chairman. He founded Mr. SANTORIUM. Mr. President, I Members are notified to reassemble pursuant and managed a major investment com- ask unanimous consent that the Sub- to section 2 of this concurrent resolution, pany, Donaldson, Lufkin & Jenrette, whichever occurs first; and that when the and served as Chairman and CEO of the committee on Clean Air, Climate Senate recesses or adjourns on Thursday, Change, and Nuclear Safety be author- February 13, 2003, Friday, February 14, 2003, New York Stock Exchange. He was ized to meet on Thursday, February 13, Saturday, February 15, 2003, or any day from Chairman, President and CEO of a 2003 at 9:30 a.m. to conduct a hearing Monday, February 17, 2003, through Friday, multi-billion dollar public company, regarding oversight of the Nuclear Reg- February 21, 2003, on a motion offered pursu- Aetena, Inc., and served as the first ulatory Commission. ant to this concurrent resolution by its Ma- Dean and a Professor at the Yale The hearing will be held in SD 406. jority Leader or his designee, it stand re- School of Management. His background The PRESIDING OFFICER. Without cessed or adjourned until noon on Monday, demonstrates that he is qualified for February 24, 2003, or at such other time on objection, it is so ordered. this position. that day as may be specified by its Majority Mr. Donaldson will face a daunting f Leader or his designee in the motion to re- task as the new SEC Chairman. He TECHNICAL CORRECTION IN THE cess or adjourn, or until Members are noti- fied to reassemble pursuant to section 2 of must join with his fellow Commis- ENROLLMENT OF H.J. RES. 2 this concurrent resolution, whichever occurs sioners to appoint the Chairman of the Mr. FRIST. Madam President, I ask first. Public Company Accounting Oversight unanimous consent that the Senate SEC. 2. The Speaker of the House and the Board. He must address the challenge proceed to the immediate consider- Majority Leader of the Senate, or their re- of restoring confidence to the capital ation of H. Con. Res. 35. spective designees, acting jointly after con- markets. And I very much hope that The PRESIDING OFFICER. The sultation with the Minority Leader of the will move immediately to implement House and the Minority Leader of the Sen- full pay parity of salary and benefits clerk will report the concurrent resolu- ate, shall notify the Members of the House tion by title. and the Senate, respectively, to reassemble for the SEC staff. The legislative clerk read as follows: at such place and time as they may des- I am pleased that, in his appearance A concurrent resolution (H. Con. Res. 35) ignate whenever, in their opinion, the public before the Senate Banking Committee, directing the Clerk of the House of Rep- interest shall warrant it. Mr. Donaldson recognized the impor- tance and immediate challenge of im- resentatives to make a technical correction f in the enrollment of H.J. Res. 2. plementing the new accounting respon- There being no objection, the Senate EXECUTIVE SESSION sibility and investor protection legisla- proceeded to consider the concurrent tion which the Congress passed last resolution. year. He testified that he ‘‘will vigor- Mr. FRIST. Madam President, I ask EXECUTIVE CALENDAR ously enforce the Sarbanes-Oxley Act unanimous consent that the concur- Mr. FRIST. Madam President, I ask and the rules and regulations already rent resolution be agreed to, the mo- unanimous consent that the Senate put forth by the SEC.’’ He said, ‘‘I will tion to reconsider be laid upon the proceed to executive session to con- demand accountability from all respon- table, and that any statements relating sider the following nominations on the sible parties. I will aggressively en- to this matter be printed in the Executive Calendar: Calendar No. 31, force civil penalties and work coopera- RECORD. reported by the Banking Committee, tively with the state and federal law The PRESIDING OFFICER. Without and all the nominations on the Sec- enforcement agencies and the Presi- objection, it is so ordered. retary’s desk. I further ask unanimous dent’s corporate fraud task force to The concurrent resolution (H. Con. consent that the nominations be con- bring those who break the law to jus- Res. 35) was agreed to. firmed, the motions to reconsider be tice.’’ He went on to pledge to call on

VerDate Jan 31 2003 00:03 Feb 15, 2003 Jkt 019060 PO 00000 Frm 00109 Fmt 0624 Sfmt 0634 E:\CR\FM\A13FE6.216 S13PT2 S2500 CONGRESSIONAL RECORD — SENATE February 13, 2003 corporate America and Wall Street to tion would authorize the FTC to col- ation of H. Con. Res. 1, which is at the restore the principles of honesty and lect these fees from telemarketers for desk. integrity to their proper place. Fiscal Years 2003 through 2007, and to The PRESIDING OFFICER. The Mr. Donaldson also indicated a move forward this year on setting up clerk will report the concurrent resolu- strong concern for the welfare of the this much-needed registry. The legisla- tion by title. SEC employees. He pledged to address tion also directs the Federal Commu- The legislative clerk read as follows: issues of staff morale and union rela- nications Commission to conclude its A concurrent resolution (H. Con. Res. 1) re- tions at the Agency. own relemaking regarding tele- garding consent to assemble outside the seat I am hopeful that Mr. Donaldson will marketing calls which, given the FTC’s of government. effectively manage the SEC and effec- lack of jurisdiction over certain indus- There being no objection, the Senate tively enforce the Federal securities tries, is an important component in proceeded to consider the concurrent laws. I hope that he will bring about a creating an effective and comprehen- resolution. new era of respect for the Agency and sive do not call option for consumers. Mr. FRIST. Madam President, I ask confidence in the U.S. securities mar- A one-stop option for consumers is unanimous consent that the concur- kets. overdue. In 1991, the Telephone Con- rent resolution be agreed to and the sumer Protection Act directed the Fed- f motion to reconsider be laid upon the eral Communications Commission, table. LEGISLATIVE SESSION FCC, to conduct a rulemaking to pro- The PRESIDING OFFICER. Without The PRESIDING OFFICER. The Sen- tect the privacy rights of residential objection, it is so ordered. ate will now return to legislative ses- telephone subscribers. The FCC could The concurrent resolution (H. Con. sion. have enacted a national registry at Res. 1) was agreed to. that time, but chose instead of require f f telemarketers to maintain their own WELCOMING SUPPORT OF EURO- UNANIMOUS CONSENT individual do not call lists. This means PEAN NATIONS FOR THE EN- AGREEMENT—S. 151 that at present, most consumers must FORCEMENT OF U.N. SECURITY contact, individually, every tele- Mr. FRIST. Madam President, I ask COUNCIL RESOLUTION 1441 unanimous consent that at 3:30 p.m. on marketer who they do not want to call them. This far less than consumer- Mr. FRIST. Madam President, I ask Monday, February 24, the Senate pro- unanimous consent that the Foreign ceed to the consideration of Calendar friendly regime has spurred more than twenty-five States to create their own Relations Committee be discharged No. 7, S. 151, PROTECT Act; that there from further consideration of S. Con. be 2 hours equally divided between the do-not-call registries. I understand that many of these states support a na- Res. 4 and that the Senate proceed to chairman and ranking member of the its immediate consideration. Judiciary Committee or their des- tional registry because maintenance of their lists is often burdensome, costly, The PRESIDING OFFICER. The ignees; that no amendments be in clerk will state the concurrent resolu- order; that upon the use or yielding and difficult to enforce. A national reg- istry will not preempt these state laws. tion by title. back of time, the Senate proceed to a The legislative clerk read as follows: vote in relation to the matter, without Rather, States will work in partnership A concurrent resolution (S. Con. Res. 4) any further intervening action or de- with the national registry by sharing information and enforcement abilities. welcoming the expression of support of 18 bate. European nations for the enforcement of The PRESIDING OFFICER. Without Harmonizing the FTC regulations with those of the FCC and the states, as I United Nations Security Council Resolution objection, it is so ordered. 1441. hope will soon occur, will give con- f sumers and businesses alike a much There being no objection, the Senate more user-friendly system. proceeded to consider the concurrent DO-NOT-CALL IMPLEMENTATION resolution. ACT I recognize the importance of tele- marketing to our economy and particu- Mr. MCCAIN. Madam President, after Mr. FRIST. Madam President, I ask larly to new competitors’ market leading the U.S. congressional delega- unanimous consent that the Senate im- entry. Consumers, nevertheless, should tion to the Munich Conference on Secu- mediately proceed to H.R. 395, which is be given a choice to opt out of receiv- rity Policy last weekend, Senator being held at the desk. ing commercial solicitations, and the LIEBERMAN and I introduced this reso- The PRESIDING OFFICER. The national do-not-call list proposed by lution to thank 18 Europeans for stand- clerk will report the bill by title. the FTC gives them this option. The ing with us in demanding that Security The legislative clerk read as follows: FTC has endeavored to balance the in- Council resolutions against Iraq be en- A bill (H.R. 395) to authorize the Federal terests of consumers against the inter- forced. Contrary to what you may read Trade Commission to collect fees for the im- est businesses have in communicating in the press, and despite shrill objec- plementation and enforcement of a ‘‘do-not- with existing customers and attracting tions from Paris and Berlin, most Eu- call’’ registry, and for other purposes. new ones. ropean governments believe Iraq must There being no objection, the Senate I commend the Federal Trade Com- be held to account for its defiance of proceeded to consider the bill. missioners and the FTC staff for their Security Council Resolution 1441. Mr. McCAIN. Madam President, I am work on this issue, and thank my col- France and Germany are isolated with- pleased that the Senate will pass H.R. leagues for supporting this measure. in Europe in their approach to enforc- 395, the Do-Not-Call Implementation Mr. FRIST. Madam President, I ask ing, or in their case failing to enforce, Act, which was overwhelmingly ap- unanimous consent that the bill be Security Council resolutions regarding proved by the House of Representatives read the third time, passed, the motion Iraq. yesterday. to reconsider be laid upon the table, Recent actions by Paris and Berlin in All of us have been plagued by un- and that any statements relating to the most important international wanted solicitations by telemarketers. the bill be printed in the RECORD. fora—the Security Council, the North Recently, the Federal Trade Commis- The PRESIDING OFFICER. Without Atlantic Council, and the European sion did something about this and pro- objection, it is so ordered. Union—raise serious doubts among na- posed regulations to create a national The bill (H.R. 395) was read the third tions on both sides of the Atlantic do no call registry that consumers can time and passed. about their commitment to multilat- sign up for to avoid unwanted solicita- f eral diplomacy and cause real damage tions. to those institutions. H.R. 395 authorizes the Federal Trade CONSENT TO ASSEMBLE OUTSIDE The French and German objection, Commission, FTC, to collect offsetting THE SEAT OF GOVERNMENT for reasons of calculated self-interest— fees from telemarketers to implement Mr. FRIST. Madam President, I ask a very flawed calculation, I fear—to a and enforce the registry as part of the unanimous consent that the Senate routine request to the North Atlantic Telemarketing Sales Rule. The legisla- proceed to the immediate consider- Council to upgrade Turkey’s defenses

VerDate Jan 31 2003 00:03 Feb 15, 2003 Jkt 019060 PO 00000 Frm 00110 Fmt 0624 Sfmt 0634 E:\CR\FM\A13FE6.145 S13PT2 February 13, 2003 CONGRESSIONAL RECORD — SENATE S2501 against the military threat from Iraq continuing threat to international mination of the international community was a terrible injury to an Alliance peace and security.’’ are our best hope of achieving this peace- that has served their broader interests As the leaders of Britain, Spain, fully. Our strength lies in unity. Italy, Poland, Hungary, the Czech Re- The combination of weapons of mass de- well. For over three weeks, the United struction and terrorism is a threat of incal- States, with fourteen of our eighteen public, Denmark, and Portugal have culable consequences. It is one at which all European allies in the North Atlantic written, ‘‘Resolution 1441 is Saddam of us should feel concerned. Resolution 1441 Council, has supported this necessary Hussein’s last chance to disarm using is Saddam Hussein’s last chance to disarm action, but has confronted a new peaceful means. The opportunity to using peaceful means. The opportunity to unilateralism conceived in Paris and avoid greater confrontation rests with avoid greater confrontation rests with him. Berlin, a unilateralism that exposed him. . . . [T]he Security Council must Sadly this week the U.N. weapons inspectors the sneering in those capitals about maintain its credibility by ensuring have confirmed that his long-established full compliance with its resolutions. pattern of deception, denial and noncompli- the impulsive cowboy in the White ance with U.N. Security Council resolutions House for the vacuous posturing and We cannot allow a dictator to system- is continuing. obvious misdirection it is. atically violate those resolutions. If Europe has no quarrel with the Iraqi peo- Whatever NATO decides, Franco-Ger- they are not complied with, the Secu- ple. Indeed, they are the first victims of man unilateralism will have a lasting rity Council will lose its credibility Iraq’s current brutal regime. Our goal is to impact on trans-Atlantic security cal- and world peace will suffer as a result.’’ safeguard world peace and security by ensur- culations. If this minority French-Ger- We thank this European majority for ing that this regime gives up its weapons of man obstruction is not overcome, standing with us. mass destruction. Our governments have a France and Germany will have to an- I ask unanimous consent that two common responsibility to face this threat. pieces of supporting material be print- Failure to do so would be nothing less than swer to those who argue that Iraq negligent to our own citizens and to the could be to NATO what Abyssinia was ed in the RECORD. wider world. to the League of Nations. There being no objection, the mate- The U.N. Charter charges the Security The United Nations Security Council rial was ordered to be printed in the Council with the task of preserving inter- risks that same fate should it fail to RECORD, as follows: national peace and security. To do so, the hold Iraq accountable for its defiance. UNITED WE STAND Security Council must maintain its credi- Patient American and British diplo- The real bond between the U.S. and Europe bility by ensuring full compliance with its macy at the U.N. delivered a unani- is the values we share: democracy, individual resolutions. We cannot allow a dictator to systematically violate those resolutions. If mous vote in favor of Council Resolu- freedom, human rights and the rule of law. These values crossed the Atlantic with those they are not complied with, the Security tion 1441. France played a key role in Council will lose its credibility and world negotiating the resolution and knew who sailed from Europe to help create the United States of America. Today they are peace will suffer as a result. We are confident what they were voting for, Germany under greater threat than ever. that the Security Council will face up to its was fully aware of the debate as it pre- The attacks of Sept. 11 showed just responsibilities. pared to assume the Council presidency how far terrorists—the enemies of our STATEMENT OF THE VILNIUS GROUP COUNTRIES in January. Americans, and many Eu- common values—are prepared to go to Earlier today, the United States presented ropeans, were therefore astonished destroy them. Those outrages were an when France and Germany announced compelling evidence to the United Nations attack on all of us. In standing firm in Security Council detailing Iraq’s weapons of in advance of further consideration of defense off these principles, the govern- mass destruction programs, its active efforts the problem of Iraq that under no cir- ments and people of the U.S. and Eu- to deceive UN inspectors, and its links to cumstances would they support enforc- rope have amply demonstrated the international terrorism. ing the resolution’s terms against Iraq. strength of their convictions. Today Our countries understand the dangers The behavior of France and Germany more than ever, the trans-Atlantic posed by tyranny and the special responsi- has set back European unity and cre- bility of democracies to defend our shared bond is a guarantee of our freedom. values. The trans-Atlantic community, of ated a divided front that makes Iraq’s We in Europe have a relationship with the which we are a part, must stand together to peaceful disarmament less likely. Na- U.S. which has stood the test of time. face the threat posed by the nexus of ter- tions across Europe that have recently Thanks in large part to American bravery, rorism and dictators with weapons of mass generosity and farsightedness, Europe was expressed a different view of multilat- destruction. set free from the two forms of tyranny that eral obligations, including some of our We have actively supported the inter- devastated our continent in the 20th cen- oldest allies and our newest friends, ex- national efforts to achieve a peaceful disar- tury: Nazism and communism. Thanks, too, pose the myth that France and Ger- mament of Iraq. However, it has now become to the continued cooperation between Eu- clear that Iraq is in material breach of U.N. many speak for Europe. rope and the U.S. we have managed to guar- Security Council Resolutions, including U.S. The majority of Europe’s democ- antee peace and freedom on our continent. Resolution 1441, passed unanimously on No- racies have spoken, and their message The trans-Atlantic relationship must not be- vember 8, 2002. As our governments said on could not be clearer. Most European come a casualty of the current Iraqi regime’s the occasion of the NATO Summit in Prague: persistent attempts to threaten world secu- governments support the Security ‘‘We support the goal of the international rity. Council’s clear mandate to require community for full disarmament of Iraq as In today’s world, more than ever before, it Iraq’s full disarmament and do not stipulated in the U.N. Security Council Reso- is vital that we preserve that unity and co- shrink from the grave responsibilities lution 1441. In the event of non-compliance hesion. We know that success in the day-to- with the terms of this resolution, we are pre- such a commitment entails. Most Eu- day battle against terrorism and the pro- pared to contribute to an international coa- ropean government understand clearly liferation of weapons of mass destruction de- lition to enforce its provisions and the disar- that if the Security Council fails to en- mands unwavering determination and firm mament of Iraq.’’ force its demands of Iraq, the Council international cohesion on the part of all The clear and present danger posed by the countries for whom freedom is precious. risks impotence and irrelevance. In Saddam Hussein’s regime requires a united The Iraqi regime and its weapons of mass short, most European governments be- response from the community of democ- destruction represent a clear threat to world have like allies that are willing to racies. We call upon the U.N. Security Coun- security. This danger has been explicitly rec- meet their responsibilities to uphold cil to take the necessary and appropriate ac- ognized by the U.N. All of us are bound by tion in response to Iraq’s continuing threat international peace and security in de- Security Council Resolution 1441, which was to international peace and security. fense of our common values. adopted unanimously. We Europeans have As the foreign ministers of Romania, since reiterated our backing for Resolution Mr. FRIST. Madam President, I ask Bulgaria, Estonia, Latvia, Lithuania, 1441, our wish to pursue the U.N. route, and unanimous consent that the concur- Slovakia, Slovenia, Croatia, Albania, our support for the Secretary Council at the rent resolution be agreed to, the pre- and Macedonia have declared, ‘‘the Prague NATO Summit and the Copenhagen amble be agreed to, the motion to re- clear and present danger posed by Sad- European Council. consider be laid upon the table, and dam Hussein’s regime requires a united In doing so, we sent a clear, firm and un- equivocal message that we would rid the that any statements relating to this response from the community of de- world of the danger posed by Saddam Hus- matter be printed in the RECORD as if mocracies. We call upon the U.N. Secu- sein’s weapons of mass destruction. We must read. rity Council to take the necessary and remain united in insisting that his regime be The PRESIDING OFFICER. Without appropriate action in response to Iraq’s disarmed. The solidarity, cohesion and deter- objection, it is so ordered.

VerDate Jan 31 2003 00:03 Feb 15, 2003 Jkt 019060 PO 00000 Frm 00111 Fmt 0624 Sfmt 0634 E:\CR\FM\A13FE6.154 S13PT2 S2502 CONGRESSIONAL RECORD — SENATE February 13, 2003 The concurrent resolution (S. Con. dam Hussein’s regime requires a united re- The legislative clerk read as follows: Res. 4) was agreed to. sponse from the community of democracies. A resolution (S. Res. 59) congratulating the The preamble was agreed to. We call upon the United Nations Security University of Portland Women’s Soccer The concurrent resolution, with its Council to take the necessary and appro- Team for winning the 2002 NCAA Division I preamble, reads as follows: priate action in response to Iraq’s continuing National Championship. threat to international peace and security.’’: S. CON. RES. 4 Now, therefore, be it There being no objection, the Senate Whereas on November 8, 2002, the United Resolved by the Senate (the House of Rep- proceeded to consider the resolution. Nations Security Council approved Security resentatives concurring), That Congress wel- Mr. WYDEN. Madam President, I offer Council Resolution 1441 under Chapter VII of comes— this resolution with Senator SMITH to the United Nations Charter by a vote of 15– (1) the expression of support from Albania, congratulate the University of Port- 0, giving Iraq ‘‘a final opportunity to comply Bulgaria, Croatia, the Czech Republic, Den- with its disarmament obligations’’; land women’s soccer team for winning mark, Estonia, Hungary, Italy, Latvia, Lith- the 2002 NCAA Division I National Whereas on November 21, 2002, the North uania, Macedonia, Poland, Portugal, Roma- Atlantic Treaty Organization’s North Atlan- nia, Slovakia, Slovenia, Spain, and the Championship. tic Council unanimously approved a declara- United Kingdom for Iraq’s full compliance This championship team achieved a tion stating, ‘‘We deplore Iraq’s failure to with Security Council Resolution 1441; and lot of firsts. The women’s soccer team comply fully with its obligations which were (2) their expression of solidarity with the is the first to bring home a national imposed as a necessary step to restore inter- United States in calling for the demands of championship in any sport for the Uni- national peace and security and we recall the Security Council to be met with regard versity of Portland. As the eighth seed that the Security Council has decided in its to Iraq’s full disarmament. resolution to afford Iraq a final opportunity in the NCAA tournament, the Univer- to comply with its disarmament obligations f sity of Portland Pilots were the lowest under relevant resolutions of the Council.’’; seeded team to ever win the national Whereas the North Atlantic Council stat- RECOGNIZING THE 92ND BIRTHDAY title in the women’s national cham- ed, ‘‘NATO Allies stand united in their com- OF RONALD REAGAN pionship 21 year history. Sophomore mitment to take effective action to assist Mr. FRIST. Madam President, I ask player Christine Sinclair made a first and support the efforts of the United Nations unanimous consent that the Senate by setting an NCAA tournament record to ensure full and immediate compliance by Iraq, without conditions or restrictions, with proceed to the immediate consider- with 21 points on 10 goals and 1 assist. United Nations Security Council Resolution ation of H.J. Res. 19, which is at the The Pilots’ road to victory included de- 1441. We recall that the Security Council in desk. feating 7 nationally ranked opponents, this resolution has warned Iraq that it will The PRESIDING OFFICER. The including the reigning champion, face serious consequences as a result of its clerk will state the joint resolution by Santa Clara University. continued violation of its obligations.’’; title. I am proud of these young women Whereas, on January 30, 2003, the Prime The legislative clerk read as follows: and their tremendous accomplishment. Ministers of Denmark, Italy, Hungary, Po- land, Portugal, Spain, and the United King- A joint resolution (H.J. Res. 19) recog- In this day when Title IX of the Edu- dom, and the President of the Czech Republic nizing 92nd birthday of Ronald Reagan. cation Amendments is under challenge, (‘‘The Eight’’), issued a declaration regard- There being no objection, the Senate we cannot forget that women like ing Security Council Resolution 1441; proceeded to consider the joint resolu- those of the University of Portland Whereas in their declaration, The Eight tion. champion soccer team are direct bene- stated, ‘‘The transatlantic relationship must Mr. FRIST. Madam President, I ask ficiaries of Title IX. Title IX has pro- not become a casualty of the current Iraqi vided girls and women with equal op- regime’s persistent attempts to threaten unanimous consent that the joint reso- world security. . . . The Iraqi regime and its lution be read the third time and portunities in athletics. Before Title IX weapons of mass destruction represent a passed, the preamble be agreed to, the was enacted in 1972, only one in 17 high clear threat to world security. This danger motion to reconsider be laid upon the school girls played team sports—now has been explicitly recognized by the United table, and that any statements relating that number is one in 2.5. Title IX has Nations. All of us are bound by Security to this matter be printed in the RECORD helped our Nation develop fantastic Council Resolution 1441, which was adopted as if read. athletes like the young women I am unanimously.’’; The PRESIDING OFFICER. Without here to congratulate. We must con- Whereas The Eight stated, ‘‘Resolution tinue to encourage these athletes, and 1441 is Saddam Hussein’s last chance to dis- objection, it is so ordered. arm using peaceful means. The opportunity The joint resolution (H.J. Res. 19) provide them with our full support. to avoid greater confrontation rests with was read the third time and passed. Mr. FRIST. Madam President, I ask him. . . . Our governments have a common The preamble was agreed to. unanimous consent that the resolution responsibility to face this threat. . . . [T]he be agreed to, the preamble be agreed Security Council must maintain its credi- f to, the motion to reconsider be laid bility by ensuring full compliance with its DISCHARGE AND REFERRAL OF S. upon the table, and that any state- resolutions. We cannot allow a dictator to RES. 55 ments relating to this matter be print- systematically violate those resolutions. If ed in the RECORD as if read. they are not complied with, the Security Mr. FRIST. Madam President, I ask The PRESIDING OFFICER. Without Council will lose its credibility and world unanimous consent that the Small objection, it is so ordered. peace will suffer as a result.’’; Business Committee be discharged The resolution (S. Res. 59) was agreed Whereas on February 5, 2003, the Foreign from further action on S. Res. 55 and to. Ministers of Albania, Bulgaria, Croatia, Es- that the matter be referred to the Com- tonia, Latvia, Lithuania, Macedonia, Roma- The preamble was agreed to. mittee on Rules and Administration. nia, Slovakia, and Slovenia (‘‘The Ten’’) The resolution, with its preamble, The PRESIDING OFFICER. Without issued a declaration regarding Security reads as follows: Council Resolution 1441; objection, it is so ordered. S. RES. 59 Whereas in their declaration, The Ten stat- f ed, ‘‘[T]he United States [has] presented Whereas, on December 8, 2002, the Univer- compelling evidence to the United Nations CONGRATULATING UNIVERSITY OF sity of Portland women’s soccer team cap- Security Council detailing Iraq’s weapons of PORTLAND WOMEN’S SOCCER tured its first ever undisputed collegiate na- mass destruction programs, its active efforts TEAM FOR WINNING THE 2002 tional soccer championship; to deceive United Nations inspectors, and its NCAA DIVISION I NATIONAL Whereas the 2002 National Collegiate Ath- links to international terrorism. . . . The letic Association Division I title is the first transatlantic community, of which we are a CHAMPIONSHIP championship in any sport for the University part, must stand together to face the threat Mr. FRIST. Madam President, I ask of Portland; posed by the nexus of terrorism and dic- unanimous consent that the Senate Whereas the University of Portland Pilots’ tators with weapons of mass destruction.’’; proceed to the immediate consider- 20–4–1 record in 2002 tied the record for wins and ation of S. Res. 59, which was intro- in a season in University of Portland wom- Whereas The Ten stated, ‘‘[I]t has now be- en’s soccer history; come clear that Iraq is in material breach of duced earlier today by Senators WYDEN Whereas head coach Clive Charles, the Uni- United Nations Security Council resolutions, and SMITH. versity of Portland director of women’s and including United Nations Resolution 1441. . . The PRESIDING OFFICER. The men’s soccer, has successfully built a nation- . The clear and present danger posed by Sad- clerk will state the resolution by title. ally recognized collegiate soccer program,

VerDate Jan 31 2003 00:03 Feb 15, 2003 Jkt 019060 PO 00000 Frm 00112 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.168 S13PT2 February 13, 2003 CONGRESSIONAL RECORD — SENATE S2503 leading the University of Portland women’s women’s national championship 21-year his- Resolved, That the Senate— and men’s teams to a collective 12 con- tory; (1) congratulates the University of Port- ference championships and 16 NCAA playoff Whereas sophomore Christine Sinclair set land women’s soccer team for winning the berths and producing players for the United an NCAA tournament record with 21 points 2002 NCAA Division I national championship States National and Olympic teams; on 10 goals and 1 assist; and recognizes the achievements of all the Whereas, on the way to the national cham- Whereas each player, coach, trainer, and players, coaches, and support staff who were pionship, the Pilots defeated 7 nationally manager dedicated time and effort to ensur- instrumental in this accomplishment; and ing that the Pilots reached the pinnacle of ranked opponents, which included a 2–1 title (2) directs the Secretary of the Senate to team achievement; and game triumph over the reigning champion, make available copies of this resolution to Whereas the students, alumni, faculty, and Santa Clara University; the University of Portland for appropriate supporters of the University of Portland are Whereas the Pilots, the tournament’s num- to be congratulated for their commitment display and to transmit a copy of the resolu- ber 8 seed, now hold the record as the lowest- and pride in the Pilots’ women’s soccer pro- tion to each coach and member of the 2002 seeded team to win the national title in the gram: Now, therefore, be it University of Portland women’s soccer team.

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